[Congressional Record Volume 162, Number 140 (Thursday, September 15, 2016)]
[Senate]
[Pages S5736-S5811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WATER RESOURCES DEVELOPMENT ACT OF 2016
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of S. 2848, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (S. 2848) to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes.
The PRESIDING OFFICER. Under the previous order, the time until 11:30
a.m. will be equally divided between the two leaders or their
designees.
The Senator from Wyoming.
Mr. ENZI. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
ObamaCare
Mr. ENZI. Mr. President, resisting the urge to counter the diatribe I
just heard, I will talk on a topic that is really important to America.
I don't always agree with what I read in the New York Times, but this
caught my eye, and I want to share it with my colleagues:
So much for choice. In many parts of the country, Obamacare
customers will be down to one insurer when they go to sign up
for coverage next year on the public exchanges.
That is from the August 19, 2016, New York Times, ``TheUpshot.''
Just a few years ago, in 2013, President Obama was telling us:
Just visit healthcare.gov, and there you can compare
insurance plans, side by side, the same way you'd shop for a
plane ticket on Kayak or a TV on Amazon. . . . You'll find
more choices, more competition, and in many cases lower
prices.
Last year, Wyoming became one of the growing number of States that
had one insurer on the ObamaCare exchange. In the environment created
by ObamaCare, we have to hope that we can hold on to the one that we
have left.
Before ObamaCare, Wyoming had many challenges in our health care
system--particularly high costs and the serious access challenges that
come with being a frontier State. By frontier State, I mean we are the
least populated State in the Nation. We have less than 570,000 people
in our State. We have less than 20 towns or cities in which the
population exceeds the elevation. We have a lot of distance between
towns. We say Wyoming has miles and miles of miles and miles. It makes
health care a difficult challenge. But we had choice. Under ObamaCare
we saw one of the two carriers shut down by costs. Like other insurers
across the country, this company focused on and dominated the Wyoming
ObamaCare exchange in the first year, and then the economics of
ObamaCare took hold. Patients were more costly than expected, premium
rates didn't quite cover medical expenses--and then insolvency.
The changes to the health care system that President Obama and a
completely Democratic-controlled Congress hammered through were sold as
the positive change. It is absolutely stunning to me that not one out
of the 60 Democrats who represent the people were being talked into it.
Well, some of them were, I guess, because there were four extreme deals
made for four States regarding Medicare Advantage that gave those
States a little longer time than the rest of us would have to take care
of our seniors. Two of the four are gone now. The other two may be
going too.
As I said, we did have choice, but we have had one shut down, and I
don't know if the other one can continue if they stay with the
exchange.
The changes to the health care system that the completely Democratic-
controlled Congress hammered through were sold as positive change. Many
of us thought otherwise and said so at the time. We pointed out flaws
in it, but we were ignored. We were called fearmongers, and here we are
today.
Today Wyoming continues to be one of the most expensive States for
health care premiums. Do you know the one thing ObamaCare has done for
Wyoming? We have more competition from other States for having the most
expensive health insurance premiums. Misery loves company, I guess.
This year there are some States with premium increases over 50 percent
for 2017.
We have seen our individual market damaged, and we are seeing changes
in our employer-sponsored insurance as well. Everyone from the biggest
corporation to small, one-person operations are paying more and are
getting less.
As a former small business owner, I tend to look at these issues from
that perspective. In Wyoming, according to the Small Business
Administration, there are 63,289 small businesses. Those businesses
employ 132,085 people. In Wyoming, that is almost one-third of all the
adults in the State. Small business is the backbone of our economy.
Now, that may not sound like many, but remember our low population, and
it is just as important for each one of those people as it is for one
out of 23 million. We are talking about individuals here. Small
business owners in
[[Page S5737]]
Wyoming and across the country are trying to figure out how to stay
afloat as more and more regulations pile up and work to put them out of
business. So many, even though they are not technically required to
have ObamaCare, try to offer help to their employees for health care.
They do it because their employees need it, and they feel it is their
responsibility. It may give them a competitive advantage, and they need
to have health care to attract employees. But in today's health
insurance market, they face the ObamaCare combination of limited choice
and seemingly unlimited premium increases.
According to the Kaiser Family Foundation, since 2004, the average
annual family premium for covered employees in small firms increased
from $9,812 a year to $16,625 a year. It has almost doubled. It is
clear to anyone paying attention that the health care system is
hurting, but my Democratic colleagues and President Obama have
essentially dismissed us as hypochondriacs. They tell us it is working
well; it is a success. Your premiums are high, and you can't afford
your deductible? Nonsense. Your coverage is wonderfully comprehensive,
so you can't complain that your mortgage is less than your health
insurance premium.
The American people are facing more costly health care than ever
before. There has been a complete refusal by the administration and
Democrats in both Chambers to entertain any real changes to ObamaCare.
The rollout was a mess. Do you remember how you couldn't get on the
computer, and if you did get on the computer, you didn't get good data?
Their rules and regulations are crushing. They keep adding on to them.
Some that are required to be done still aren't done, and their costs
are sky high. At the end of the day, anybody can get covered, but
hardly anybody can afford it. That is not much of a choice.
I urge the Senate to look at this issue and acknowledge what the law
is really doing, and we need to be going beyond simply providing short-
term relief like the President's waivers, exceptions, and delays. Those
are all instances where there is a flaw in the bill that would have
tremendous impact on people that the President didn't want them to
realize, so he delayed it, maybe just till he gets out of office. We
need long-term, comprehensive changes that will lead us to sustained
recovery.
I have been working to find a path toward what would give more
flexibility to States, fewer restrictions on how employers help their
employees with medical expenses, and practical ways to offer more
choices and lower costs for getting the health care that Wyomingites
and all Americans should be able to access. We need meaningful,
comprehensive change in health care that will take us away from
ObamaCare and in a new direction that will meet the promises that were
made years ago.
I yield the floor.
Mr. President, I will suggest the absence of a quorum, and I ask
unanimous consent that the time in the quorum call be equally divided
between both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ENZI. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. BLUNT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BLUNT. Mr. President, I am here today to urge our colleagues to
support the Water Resources Development Act. Missouri has more than
1,000 miles of navigable waterways that transport over $4 billion worth
of cargo every year.
I will say for the benefit of the Presiding Officer that it is hard
at this moment not to stop and talk about what the EPA thinks navigable
waters should be and what navigable waters have always been thought to
be in Federal law. My State has 1,000 miles of those waterways--as I
have just said, $4 billion a year. There is no reason, with world food
demand anticipated to double between now and 35 or 40 years from now,
with people wanting to bring some manufacturing jobs and hopefully lots
of manufacturing jobs back to this country, that $4 billion number
won't be much bigger than that over the next few years, and so this
bill really matters.
Maintaining and improving our waterways and the infrastructure
surrounding our waterways is critically important. The Mississippi
River Valley is the biggest piece of contiguous agricultural ground in
the would. One of the great benefits of the interior port system is it
is a port system that uniquely supports some of the most productive
agricultural land anywhere in the world but also that it is a natural
network that has allowed our country to compete in the way it did early
and the way it can now. So it is important that we maintain that
system.
We also need to think about--if we have the blessings of the
waterways, we also have the challenges of the waterways--protecting
families in Missouri and families in other places from natural
disasters. In our State, we had a surprise flood in December. It is not
the only time we have ever had a New Year's Eve flood, but it is not
something we anticipate. It was very big, very destructive, and very
localized. So managing that is a critically important part of what
happens in the Water Resources Development Act.
This is a step to prioritize these resources so that once again we
are thinking about why we have flood protection, navigation, and water
projects.
Specifically, in our State this bill authorizes a number of projects
in the Kansas City area. The Kansas City levees themselves started in
the 1940s, while maybe Harry Truman was using the desk I stand behind
right now or the office I now get to use in the Russell Building, maybe
while he was President and Vice President. These were projects that
took about 40 years to build and now need to be actively maintained.
The Kansas City levees, the Turkey Creek Basin, the Swope Park
Industrial Area, and the Blue River Basin are flood control projects
that protect lots of jobs and protect lots of families and in some
cases ensure that the waterway can be used for navigation and still
have the proper emphasis we want to have on conservation and wildlife.
The bill funds much needed drinking water and clean water programs.
In so many cases, the infrastructure we have in this country below
ground is even more challenged than the infrastructure we have
aboveground. It is not just about using the waterways for the drinking
water that is provided to many communities from the rivers--the
Missouri River is a drinking water source for people who live in the
Missouri State capital, and it is a drinking water source for people up
and down the river in many communities. This bill focuses not only on
that traditional system but also provides some additional assistance
for challenged communities, for communities that need to replace lead
pipes, so that through this bill communities can work on better ways to
solve the important infrastructure problems they have.
The bill authorizes $25 million for the dredging of small ports on
the Mississippi River System. In the last Congress, the Senator from
Iowa, Mr. Harkin, and I--Senator Harkin has now retired, but Senator
Klobuchar stepped up to cochair with me the Mississippi River Caucus
that looks at the river as the asset it is. As we try to take traffic
off the highway system and off the rail system and put it on the water,
if it is going to be on the water sooner rather than later, all these
ports matter. So this bill takes a further step in encouraging looking
at the small ports, the interior ports, the almost totally export
ports.
There is nothing wrong with buying things from other people, but
actually, economically, there is a tremendous, positive advantage to
selling things to other people, and that is what the interior port
system is all about. Not only is it an export port system, it basically
serves twice the land mass of a coastal port. If a coastal port
effectively serves 250 or 300 miles inland, the Mississippi River port
would serve that same amount in all directions, 300 miles each way. So
looking at those ports not for specifically the individual tonnage that
might go out of the port but how they fit into a whole system is very
important.
[[Page S5738]]
In many instances, the Corps said: Well, they do not export a million
tons, so we don't want to dredge that port because it is only a
900,000-ton port. But I think we need to look at this in different
ways, and this bill creates the opportunity to do that.
There is another measure that has an impact very close to where I
live, Springfield, MO--Table Rock Lake. It is not on the lake but
several miles from the lake. Owners there are worried that the Corps is
not listening as it comes up with a shoreline management plan. If you
don't live on the shore or if you aren't affected by the economy of the
lake, it may not matter much, but it matters a lot if you are in one of
those two categories. These plans don't come along very often, and so
this measure addresses the concerns property owners have that they are
simply not being listened to.
The public and those directly affected by changes in the plan for
things such as awarding boat dock permits and shoreline zoning need to
have a say in what that plan will look like for a long time because
once these plans are in place, the Corps always has many reasons not to
look at the shoreline management plans. The extra time here creates a
comment period that lets the affected people be heard.
I will say on this topic that when you talk to the Corps about
variations in the plan, there are always a thousand reasons they can't
make one. Their view is, this is a plan that took a lot of time to put
in place. Well, this bill says: OK, we would agree with that. Let's
take the necessary time to put it in place.
I am also glad to see that this measure ensures that a community
affordability study which I drafted some language on and which we put
in the Interior appropriations bill last year will be put to use by the
EPA. What is a community affordability study? If you have water issues
in your community--if the drinking water system has a problem, if the
storm water system has a problem--if you have water issues in your
community, there are often reasonable caps that say: If the Federal
Government comes in and tells you that you have to do something, they
have to give you enough time so that the community can afford it. Maybe
that cap is no more than 4 percent or some percentage a year would be
the cap on raising your water bill year after year. Well, if you raise
it 4 percent a year, it doesn't take long before it is 40 percent
higher than it was and then 50 percent higher than it was. That is a
cap that somebody looked at, studied, and thought that even though
communities never like to do this, maybe this is something communities
can live with. But what if you have two or three of those instances
that occur at the same time?
So what this bill does is further encourage the EPA to do something
that the municipal league is really for and that my hometown of
Springfield, MO, has encouraged and has been a proponent and drafter
of, and that is, you have to look at the total impact on ratepayers
before you tell a community they have to do something. You can put
people in unbelievable economic stress by just deciding that whatever
the Federal Government wants to do is what the Federal Government gets
to do no matter what impact it has on that community. That sort of
integrated permitting will give communities what they need to really
make the changes they need to make in a way the community can live with
and deal with and, more importantly, families in the community can live
with.
This has some bipartisan compromise language that I have long
supported to encourage the safe disposal of coal ash. I have heard from
rural electric utilities that the rules handed down by EPA are too
harsh. The language here will help address those concerns in a
bipartisan way.
I urge my colleagues to support this measure. I am grateful for the
leadership we have seen from Senator Inhofe, the chairman, and the
ranking member, Senator Boxer, who served previously as the chairman of
this committee. They have come together with a bipartisan package that
makes sense and that impacts the lives of families, that has an impact
on our economy and allows these projects to have a future they
otherwise wouldn't have and new rules to be put in place that wouldn't
be put in place.
With that, Mr. President, I yield the floor.
Mr. REED. Mr. President, I strongly support S. 2848, the Water
Resources Development Act, WRDA, of 2016.
I want to thank and commend Chairman Inhofe, Ranking Member Boxer,
and their staffs for developing a bipartisan bill to authorize and
invest in our Nation's infrastructure--our harbors and waterways, flood
and coastal protection projects, and drinking and clean water systems.
I particularly want to thank them for including provisions on small
dam safety from S. 2835, the High Hazard Potential Small Dam Safety Act
that I introduced with Senator Capito. Like our bill, this legislation
creates a new program in the Federal Emergency Management Agency, FEMA,
to assist States and communities in rehabilitating small dams that have
high-hazard potential, meaning that they threaten human life and
property if they fail. There are thousands of these dams across the
country, and we have seen the damage they can cause in the instances
when they have failed. While there are programs to address small
agricultural dams that were built by the U.S. Department of
Agriculture, there is no Federal program to deal with the small dams
that proliferate the Northeast, Southeast, and Midwest, including 78
high-hazard potential dams in Rhode Island. The bill authorizes up to
$445 million over 10 years to begin to address these structures, with
funding to be disbursed on both a formula and a competitive basis.
Estimates show that $1 of predisaster mitigation spending can save
between $3-$14 in postdisaster spending. Therefore, by assisting in the
repair or removal of high-hazard dams before they fail, this program
makes an investment in future cost savings, not to mention lives and
property saved.
The bill also includes language to address concerns that Senator
Whitehouse and I identified about marine debris and abandoned Army
Corps projects in Narragansett Bay by expanding the Corps' authority to
remove obstructions adjacent to Federal navigation channels. I am
pleased that the bill reauthorizes the Water Resources Research Act,
which allows the U.S. Geological Survey to provide grants to colleges
and universities, including the University of Rhode Island, to support
research to improve water supply, address water quality, and train
researchers. Additionally, the bill requires a study of the Army Corps'
policies on aquaculture in certain areas of the country. Shellfish
aquaculture is something we do well in Rhode Island, where there is an
excellent relationship with the Corps and where the industry continues
to grow. I hope the studies authorized in this bill will be informed by
our State's very productive experience.
Beyond the traditional authorizations, the bill also includes
important policy changes and funding to deal with the tragic public
health and drinking water crisis in the city of Flint, MI, which was
brought about by disastrous cost-cutting measures that caused lead
contamination in the water supply. The situation in Flint is acute and
pronounced. The $100 million in funding provided under the Drinking
Water State Revolving Fund and the $70 million under the Water
Infrastructure Finance and Innovation Act is long overdue.
However, drinking water is not the only source of lead contamination.
Communities across the country are finding lead contamination in their
soil and in the paint within their homes. In fact, lead-based paint is
the leading cause of lead poisoning in children. Sadly, this is nothing
new, and too often, it is low-income families and communities that
experience this problem. This issue has long been a concern of mine. My
home State of Rhode Island has the fourth oldest housing stock in the
country. For the past two decades, I have undertaken initiatives to
address lead-based paint hazards. I have pushed for increased funding
for housing and public health programs to better track lead hazards and
then remediate those hazards within homes for low-income families.
While these investments have been significant, more must be done.
As ranking member of the Senate Appropriations Subcommittee for
Transportation and Housing, I have worked
[[Page S5739]]
with my chairman, Senator Collins, to direct HUD to update the elevated
blood lead level standard that requires an immediate environmental
investigation in HUD assisted housing. This aligns HUD's standard with
the recommendations of health experts at the Centers for Disease
Control and Prevention, CDC. Senator Collins and I have gone a step
further in the fiscal year 2017 bill, providing $25 million to help
public housing agencies comply with this new rule and an additional $25
million for the Office of Lead Hazard Control and Healthy Homes that
provides grants to help low-income families mitigate lead-based paint
hazards in their homes.
I am pleased that the WRDA bill builds on our efforts in the
Appropriation Committee by providing an additional $10 million for the
Healthy Homes program over the next 2 years, as well as $10 million for
the CDC's Childhood Lead Poisoning Prevention Fund, which supports
research and funds State programs to address and prevent childhood lead
poisoning. The bill also provides $10 million for the HHS Healthy Start
Initiative to connect pregnant women and new mothers with health care
and other resources to foster healthy childhood development.
Many of these measures and others are ones that I have joined some of
my Democratic colleagues in proposing in legislation we introduced
known as the True LEADership Act of 2016. They add a new dimension--
public health--to a bill that is typically about ``bricks and mortar.''
For these reasons, I urge my colleagues to join me in voting for this
bill.
Section 2004
Mr. INHOFE. Mr. President, as chairman of the Environment and Public
Works Committee, today I wish to engage in a colloquy with my ranking
member, Senator Boxer, Senator Blumenthal, and Senator Murphy, to speak
about section 2004 of S. 2848, the Water Resources Development Act of
2016, or WRDA 2016.
Section 2004 of S. 2848 reaffirms current law that the Army Corps of
Engineers must adhere to State water quality standards under the Clean
Water Act when determining the least costly, environmentally acceptable
alternative for the disposal of dredged material, known as the Federal
standard.
Although reaffirming current law, this section is not an endorsement
by Congress of the Corps' current practices.
Instead, Congress is letting the Corps know that Congress is paying
attention and that the Corps must meet its legal obligations to abide
by State water quality standards when determining whether it is meeting
the Federal standard.
I have heard concerns that, in some cases, that the Corps has not met
this legal requirement and instead self-certifies its determination of
the Federal standard rather than meeting State water quality standards.
Senators Portman and Brown have raised this concern with me about the
Corps' intention to dispose of dredged material in Lake Erie.
This section is therefore intended to clarify that the Federal
standard is a legal, fact-based definition and that neither party is
empowered to make the final decision on the Federal standard, should a
dispute arise.
By not giving one party veto power over another, Congress is
affirming that the Federal standard can be challenged in court. This
means that a State can appeal the Corps' interpretation of the Federal
standard if the State believes the Corps has failed to meet State water
quality standards and that such challenges will be resolved on a case-
by-case basis.
I also have heard from members who are worried about whether the
permitting of new dredged material disposal sites would be affected by
the adoption of new State water quality standards that could ban open
water disposal of dredged material.
Under the Clean Water Act, the Environmental Protection Agency must
approve new disposal sites and have a very rigorous process for making
those decisions. WRDA 2016 does not affect this process at all.
The Clean Water Act also governs the adoption of new State water
quality standards. These standards must carry out the purposes of the
act. Blocking disposal of dredged material is not a purpose of the
Clean Water Act. Any new State water quality standard must go through
notice and comment rulemaking and also can be litigated. WRDA 2016 does
not affect that process.
Mrs. BOXER. As the ranking member of the Environment and Public Works
Committee, I agree with the explanation provided by Senator Inhofe.
Mr. BLUMENTHAL. I would like to thank Senators Inhofe and Boxer for
their work on the Water Resources Development Act.
I would also like to thank them for helping to explain section 2004.
As Senator Inhofe noted, this section has caused concern in some
quarters that I think is useful to discuss.
It is critical for the record to reflect the intent and context of
this provision and to spell out what it does and does not do.
Dredging is incredibly important to my State of Connecticut, which
has a robust maritime economy.
Long Island Sound in particular is a treasured and integral resource,
one that generates $9 billion annually through tourism, recreation, and
economic activity and is home to some of our most significant national
security assets in terms of submarines and submarine manufacturing.
But in order to enjoy the benefits of the sound, our coves, harbors,
and navigation channels have to be dredged.
My State has over 50 Federal dredging projects pending with the Army
Corps of Engineers. It also has everything from small mom-and-pop
marinas to Electric Boat that have significant equities in the sound
and in the dredging of navigable channels.
For nearly 35 years, clean, nontoxic material dredged from Federal
projects in Connecticut has been safely disposed of in Long Island
Sound, meeting stringent water quality standards that have been
approved by the EPA. Connecticut goes to great lengths to ensure that
the material disposed of in the sound is protective of water quality
and the environment.
Mr. MURPHY. That is correct. Sediment from Federal projects and
larger private projects are required to undergo toxicity testing, and
if they fail, the sediment cannot be disposed of at the Long Island
Sound sites.
Connecticut requires ``capping'' or placement of clean sediment on
top of sediments containing contaminants above certain levels as a best
practice. It is not required, but our State does it as an added measure
of protection.
We understand though that there are some who remain uncomfortable
with the open-water disposal of dredged material, even if the material
passes toxicity tests.
As the Senate affirmed when it adopted the amendment to S. 2848 that
Senator Blumenthal and I filed, the best way to resolve these types of
disagreements over State water quality standards is collaboratively,
with input from all relevant stakeholders.
Water quality standards that apply to the disposal of dredged
material in Long Island Sound should be worked out by the States
bordering the sound, working with appropriate Federal entities. One
State should not arbitrarily impose its will on the other.
And that is the process I intend to work towards with my colleagues
in Connecticut and New York, as we continue to address the issue of
dredging in Long Island Sound.
If I understand correctly what Senator Inhofe just explained, nothing
in S. 2848 gives any State any new rights with which to impose its own
water quality standards on any other State. Is that a correct reading
of the bill?
Mr. INHOFE. Yes, the Senator is correct.
Mrs. BOXER. I agree with the chairman.
Mr. BLUMENTHAL. And is section 2004 simply a restatement of current
law under the Clean Water Act?
Mrs. BOXER. Yes, as Senator Inhofe stated earlier, the section was
added to S. 2848 to let the Corps of Engineers know they must comply
with the law, and that includes compliance with State water quality
standards, and Congress is paying attention.
Mr. MURPHY. Does section 2004 or any other provision in WRDA 2016
revise the Army Corps' Federal standard for disposal of dredged
material from Federal projects?
Mr. INHOFE. No. The Federal standard applicable to the disposal of
dredged material from Federal projects
[[Page S5740]]
is found in the Code of Federal Regulations at 33 C.F.R., section
335.7. That regulation requires that the method of disposal must be the
least costly alternative that is consistent with sound engineering
practices and environmentally protective, as provided under the
guidelines established by EPA under section 404(b)(l) of the Clean
Water Act. EPA's guidelines are found in the Code of Federal
Regulations at 40 C.F.R., part 230.
Under EPA's guidelines, ``No discharge of dredged or fill material
shall be permitted if it: (1) Causes or contributes, after
consideration of disposal site dilution and dispersion, to violations
of any applicable State water quality standard.'' S. 2848 does not
change this requirement.
Mr. BLUMENTHAL. Does this provision or WRDA 2016 affect the process
for approving new dredged material disposal sites?
Mr. INHOFE. No, it does not.
Mrs. BOXER. I agree with Senator Inhofe.
Mr. MURPHY. I would like to thank Chairman Inhofe and Ranking Member
Boxer for this informative discussion and for their help in clarifying
the content and intent of section 2004 and the dredging provisions
contained in WRDA 2016.
Mr. BLUMENTHAL. I would also like to thank Chairman Inhofe and
Ranking Member Boxer for this edifying and clear discussion about the
dredging provisions contained in WRDA 2016 and the legislative intent
behind those provisions.
Mr. BLUNT. I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Rubio). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. INHOFE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. Mr. President, at 11:30, we will be voting on the WRDA
bill, which we have talked extensively about for the last 2 weeks and
the benefits it has. I applaud my Senate colleagues for advancing the
WRDA bill to the floor to get to this point. We all have a lot to be
proud of in the bipartisan passage of another critical infrastructure
bill. We are kind of on a roll, really, when we think about our FAST
Act and the chemical bill. We have a lot of things we have been doing,
and we are authorizing the Engineers' 30 Chief's reports that recommend
the construction of new projects with significant economic benefits.
The modernization projects bill will modernize our Nation's ports and
make our waterways safe and reliable.
This Panamax chart shows that we have a problem in this country with
some of our ports because as the Panama Canal has expanded--and we have
this Panamax, which the top shows the new capacity and then the old
capacity--we have to do something to help our various ports.
Take the Port of Charleston, It has a 45-foot deck. That is fine for
the old ships, but for the new ones it is not. The alternative is to
take the ships into the Caribbean, change them, offload some things,
which is a great deal of expense. It is not necessary.
We deal with flood control projects in this bill. If we look at this
chart and the picture, we must provide the necessary level of
protection to our communities before another unfortunate disaster
occurs like the one we are looking at in Louisiana. Of course, WRDA
helps to do that.
The environmental projects in the bill also help our Nation's
critical ecosystems, including water off the coast of Florida which is
experiencing the algae blooms that are disrupting the economy. Of
course, the occupier of the Chair is very much responsible for that.
It is important to note that this bill does a lot more than authorize
new projects. WRDA 2016 includes substantive reforms to the Army Corps
policy so local sponsors will be empowered to participate in the
funding. This is a big deal, because we would think we shouldn't have
to pass a law to accommodate those individuals who want to pay for
things that otherwise the government is going to have to pay for. So we
change the law.
It also establishes the FEMA assistance program to help States
rehabilitate the unsafe dams. There are 14,726 which have been
identified called high-hazard potential dams located all around the
country. We can see that around the country--the term ``high hazard
potential'' means that if a dam breaks or if a levee breaks, it will
take American lives. It will cost lives. We have 14,000 of these
scattered around the country.
The WRDA bill also provides reforms and assistance that will help
communities address clean water and safe drinking water infrastructure
mandates and help address aging infrastructure like this broken water
main in Philadelphia. We can see it is not just in the larger, older
parts of America. This is one where we have problems in the newer
sections and the less-populated areas, such as my State of Oklahoma.
WRDA also supports innovative approaches to address drought and water
supply issues, which is particularly a problem out West and in my
State.
Finally, in addition to supporting infrastructure--and therefore the
economy--WRDA carries four significant priority policies: It addresses
the affordability of Clean Water Act mandates, unfunded mandates. We
have been living with these since I was mayor of the city of Tulsa. Our
biggest problem is unfunded mandates. In our area, we have a real
serious problem in our smaller communities so it does address that.
It addresses EPA's coal ash rule. The coal ash rule is something that
has been batted around for a long time. There are a lot of diverse
thoughts on it. We came to a compromise on this, and it is something
that will allow us to use the value of the coal ash for building roads
and also taking care of the disposal problem.
WRDA 2016 includes exemptions from the SPCC rule for farmers. Senator
Fischer has championed this issue, and I have been with her all the way
on this. The WRDA bill will exempt all animal feed tanks, and up to two
tanks on separate parcels, to allow farmers to refuel their equipment
out in the field without being subject to onerous regulations. She has
done a great job.
Finally, the WRDA bill includes Gold King Mine legislation that will
guarantee EPA will reimburse States, local governments, and tribes for
the costs they incur cleaning up the mess that EPA makes.
So we are one step closer to getting back on track with passing the
WRDA bill every 2 years. We went 7 years, from 2010 to 2017, without
doing a WRDA bill. We are back on a 2-year schedule now. We want to
stay that way. Senator Boxer and I have talked about this, and we have
worked together to make sure this does get done. We have also talked to
Chairman Shuster and Chairman Upton of the House to make sure this gets
done. As when I came way back many years ago, he feels very strongly
about the relief that Flint has and the drinking water emergency. I
will talk a little bit more about this later after we vote on the bill.
I thank not just Senator Boxer for being chair of the committee, she
has been the ranking member, and then when Democrats were in charge,
she was the chairman and I was the ranking member, all the way through
this. We were able to do what we were supposed to do; that is,
infrastructure. I do applaud Senator Boxer. I will share my time before
our vote with her. Maybe we can visit more about the benefits of this.
I look forward to thanking the rest of the people afterward.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Mr. President, once again, I think Senator Inhofe and I
have proven we can get things done around here.
I have been asked--and I know he has been asked--by many in the
press: How do you do it? You are one of the most liberal and one of the
most conservative, one of the most progressive----
Mr. INHOFE. I am the conservative.
Mrs. BOXER. I think people know that, clearly. I know they know that
in my State and in your State, but people wonder how can we possibly
bridge the divide. It is a fact that on certain issues we can't, and I
think there is a lesson there. On certain issues, we can't bridge the
divide. We recognize that, but we never ever have taken
[[Page S5741]]
those differences and made them personal. We always respected one
another, we tried to understand one another, and we don't waste a lot
of time arguing with each other about things where one is Venus and one
is Mars, let's be clear, but we do come together as we work for this
great country in our total belief that a sound infrastructure is
essential for our Nation. You can't compete in a global economy if your
infrastructure is failing.
If we look at the grade that is given to our infrastructure, our
highways, our bridges, our roadways, our sewer systems, unfortunately,
the independent engineers of our country--some of whom are Republican,
some of whom are Democrats, some of whom are Independents, some of whom
could care less about politics--they tell us a lot of our
infrastructure is graded at C-minus, D-plus, D. It is sad when we look
at the grades and think: Oh, my God. Thank goodness we got a C. That is
not the way I raised my kids. We need to do better.
So we found this amazing area where we could work together. Even
within that, we had different priorities, and that is OK. I know what
his are and he knows what mine are.
I just want to say, in this bill, where we do so much to respond to
the infrastructure needs--we fund so many Chief's reports, 30 of them
in 19 States, addressing critical needs, flood risk management, coastal
storm damage reduction, ecosystem restoration, navigation, all the
things we have to do to literally keep our country moving--we also did
something else. We knew that passing a water bill in this time without
addressing lead in drinking water, which came to us in the most tragic
story from Flint, MI--I am not going to get into why, how, and where.
That is for others to talk about today. We knew we needed to address it
in a way that not only helps the Flint people but helps people all over
this country who are facing aging water supplies and have lead in the
drinking water. We agree the science is clear on the impact of lead in
drinking water. Now, we disagree on a lot of other science, but on that
one we agree.
I am so grateful to my friend Jim Inhofe, for he brings to the table
his experiences as not only a Senator, beloved in his State, but also
as a dad and as a granddad, and if we have any obligation to our
children--and we do--we need to fix this problem.
Mr. INHOFE. Mr. President, will the Senator yield?
Mrs. BOXER. I will.
Mr. INHOFE. Just for one comment because we want to make sure we get
this clear. We still have to go to the House, and Senator Boxer and I
are hoping we are going to be able to resolve this. In fact, we may see
House action as soon as next week. I know there are some Members in the
House who have said they are going to make it difficult on Chairman
Shuster to pass the WRDA bill because it doesn't have the Senate
provisions that address the water crisis across our Nation that
involves failing and outdated critical infrastructure and the situation
in Flint. I promise to address this in conference. I have been standing
with my colleagues in Michigan from the beginning on our fiscally
responsible solution to help the Flint community, and I will continue
to do so in conference.
So let me be clear. It would be a shortsighted mistake for those
trying to help the people of Flint to prevent the quick movement of
WRDA in the House so we can conference immediately. I am confident that
is going to happen, and this bill will become law before the end of
this Congress. I just want to be sure we got that in the record before
the vote took place today.
Mrs. BOXER. I am very pleased my colleague has stated unequivocally
that the Flint provision--which again helps the whole country--is going
to be strongly supported by him and by me and by others in the
conference.
I would simply say to my friends in the House, through the Chair, if
I can: There is a simple way to go--take up and pass the Senate bill.
We have had 93 votes for cloture.
I see the majority leader. I thank him so much for his work. He
promised me this would happen, and he kept that promise. And Senator
Reid--who had a lot of other fish to fry around here, but he said: You
know what, let's get this done. That is very good for the country and
for the way this place functions. When I am not here, I just hope to
leave behind a few of these bipartisan crumbs that I have been able to
work on in my time here.
In conclusion, I don't want to get into what the House does. I hope
they take up and pass our bill. If they don't, we will have to work
with them, but let me just say, it is heartening to hear my colleague
say he will stand for this lead provision.
I also thank Senators Stabenow and Peters for bringing this
unbelievable crisis to our attention and staying on this day after day.
I can't say how many phone calls I have had. She would call me and I
would call Senator Inhofe. Then he would call her and they would call
Senator Peters. We have been standing together on this.
I hope we have a resounding vote. I thought 93 was great, but as my
father used to say to me when I brought a 90-percent grade home: Hey,
what happened to the other 10 percent? So I am looking for a 93, at a
minimum, today. That is a heck of a message to send. I don't know if we
could get that for any other issue.
I am thrilled to be part of this team. Again, I thank my friend and
colleague for his devotion to getting work done around here. I am going
to miss him, but I will be cheering from outside the Chamber.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The majority leader.
Mr. McCONNELL. Mr. President, I hate to see the Boxer-Inhofe team
come to an end. We have had some great bipartisan accomplishments--this
bill we are about to pass and the highway bill last year, which was
something I think all of us and the three of us were very proud of.
I want to say to my colleague from California, as we have discussed
on numerous occasions, there are not a whole lot of things we agree on,
but when we do, we have a lot of fun working together. We are going to
miss that opportunity next Congress.
Mrs. BOXER. I thank the Senator.
Order of Procedure
Mr. McCONNELL. Mr. President, I ask unanimous consent that
notwithstanding the provisions of rule XXII, the cloture vote with
respect to the motion to proceed to H.R. 5325 ripen at 5:30 p.m.,
Monday, September 19.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. McCONNELL. We will continue to negotiate text for the short-term
CR, the Zika bill, and moving the vote until Monday night will allow us
to move forward next week.
Unanimous Consent Agreement--Executive Calendar
Mr. McCONNELL. Mr. President, I ask unanimous consent that at 1:30
p.m. on Thursday, September 15--that is today--the Senate proceed to
executive session for the consideration of Calendar No. 698, with no
other business in order; that there be 15 minutes for debate only on
the nomination, equally divided in the unusual form; that upon the use
or yielding back of time, the Senate vote on the nomination without
intervening action or debate; that if confirmed, the motion to
reconsider be considered made and laid upon the table, the President be
immediately notified of the Senate's action, and the Senate then resume
legislative session without any intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. INHOFE. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. INHOFE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 5075; 5063, as Modified; 5076; 5068; 5069; 5074, as
Modified; 5077; and 5066, as Modified, to Amendment No. 4979
Mr. INHOFE. Mr. President, I ask unanimous consent that
notwithstanding the adoption of amendment No. 4979, as amended, the
following amendments be reported by number, called up, and agreed to en
bloc: Isakson No. 5075; Sanders No. 5063, as modified; Cochran No.
5076; Paul No. 5068; Cardin No. 5069; Hoeven No. 5074, as
[[Page S5742]]
modified; Tester No. 5077; and Sasse No. 5066, as modified.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the amendments by number en bloc.
The legislative clerk read as follows:
The Senator from Oklahoma [Mr. Inhofe], for others,
proposes amendments numbered 5075; 5063, as modified; 5076;
5068; 5069; 5074, as modified; 5077; and 5066, as modified,
en bloc to amendment No. 4979.
The amendments are as follows:
AMENDMENT NO. 5075
(Purpose: To deauthorize the New Savannah Bluff Lock and Dam, Georgia
and South Carolina)
At the appropriate place in section 5001 (relating to
deauthorizations), insert the following:
(_) New Savannah Bluff Lock and Dam, Georgia and South
Carolina.--
(1) Definitions.--In this subsection:
(A) New savannah bluff lock and dam.--The term ``New
Savannah Bluff Lock and Dam'' has the meaning given the term
in section 348(l)(1) of the Water Resources Development Act
of 2000 (114 Stat. 2630) (as in effect on the day before the
date of enactment of this Act).
(B) Project.--The term ``Project'' means the project for
navigation, Savannah Harbor expansion, Georgia, authorized by
section 7002(1) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1364).
(2) Deauthorization.--
(A) In general.--Effective beginning on the date of
enactment of this Act--
(i) the New Savannah Bluff Lock and Dam is deauthorized;
and
(ii) notwithstanding section 348(l)(2)(B) of the Water
Resources Development Act of 2000 (114 Stat. 2630; 114 Stat.
2763A-228) (as in effect on the day before the date of
enactment of this Act) or any other provision of law, the New
Savannah Bluff Lock and Dam shall not be conveyed to the city
of North Augusta and Aiken County, South Carolina, or any
other non-Federal entity.
(B) Repeal.--Section 348 of the Water Resources Development
Act of 2000 (114 Stat. 2630; 114 Stat. 2763A-228) is
amended--
(i) by striking subsection (l); and
(ii) by redesignating subsections (m) and (n) as
subsections (l) and (m), respectively.
(3) Project modifications.--
(A) In general.--Notwithstanding any other provision of
law, the Project is modified to include, as the Secretary
determines to be necessary--
(i)(I) repair of the lock wall of the New Savannah Bluff
Lock and Dam and modification of the structure such that the
structure is able--
(aa) to maintain the pool for navigation, water supply, and
recreational activities, as in existence on the date of
enactment of this Act; and
(bb) to allow safe passage via a rock ramp over the
structure to historic spawning grounds of Shortnose sturgeon,
Atlantic sturgeon, and other migratory fish; or
(II)(aa) construction at an appropriate location across the
Savannah River of a rock weir that is able to maintain the
pool for water supply and recreational activities, as in
existence on the date of enactment of this Act; and
(bb) removal of the New Savannah Bluff Lock and Dam on
completion of construction of the weir; and
(ii) conveyance by the Secretary to Augusta-Richmond
County, Georgia, of the park and recreation area adjacent to
the New Savannah Bluff Lock and Dam, without consideration.
(B) Operation and maintenance costs.--The Federal share of
the costs of operation and maintenance of any Project feature
constructed pursuant to subparagraph (A) shall be 100
percent.
AMENDMENT NO. 5063, as Modified
(Purpose: To provide for rehabilitation of certain dams)
At the end of title III, insert the following:
SEC. 3. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
FLOOD CONTROL DAMS.
(a) In General.--If the Secretary determines that the
project is feasible, the Secretary may carry out a project
for the rehabilitation of a dam described in subsection (b).
(b) Eligible Dams.--A dam eligible for assistance under
this section is a dam--
(1) that has been constructed, in whole or in part, by the
Corps of Engineers for flood control purposes;
(2) for which construction was completed before 1940;
(3) that is classified as ``high hazard potential'' by the
State dam safety agency of the State in which the dam is
located; and
(4) that is operated by a non-Federal entity.
(c) Cost Sharing.--Non-Federal interests shall provide 35
percent of the cost of construction of any project carried
out under this section, including provision of all land,
easements, rights-of-way, and necessary relocations.
(d) Agreements.--Construction of a project under this
section shall be initiated only after a non-Federal interest
has entered into a binding agreement with the Secretary--
(1) to pay the non-Federal share of the costs of
construction under subsection (c); and
(2) to pay 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to the
project in accordance with regulations prescribed by the
Secretary.
(e) Cost Limitation.--The Secretary shall not expend more
than $10,000,000 for a project at any single dam under this
section.
(f) Funding.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2017 through 2026.
AMENDMENT NO. 5076
(Purpose: To make technical corrections)
Strike section 6009 and insert the following:
SEC. 6009. YAZOO BASIN, MISSISSIPPI.
The authority of the Secretary to carry out the project for
flood damage reduction, bank stabilization, and sediment and
erosion control known as the ``Yazoo Basin, Mississippi,
Mississippi Delta Headwater Project, MS'', authorized by
title I of Public Law 98-8 (97 Stat. 22), as amended, shall
not be limited to watersheds referenced in reports
accompanying appropriations bills for previous fiscal years.
AMENDMENT NO. 5068
(Purpose: To ensure that the Secretary does not charge a fee for
certain surplus water)
At the end of title I, add the following:
SEC. 1__. SURPLUS WATER STORAGE.
(a) In General.--The Secretary shall not charge a fee for
surplus water under a contract entered into pursuant to
section 6 of the Act of December 22, 1944 (33 U.S.C. 708)
(commonly known as the ``Flood Control Act of 1944'') if the
contract is for surplus water stored in the Lake Cumberland
Watershed, Kentucky and Tennessee.
(b) Termination.--The limitation under subsection (a) shall
expire on the date that is 2 years after the date of
enactment of this Act.
(c) Applicability.--Nothing in this section--
(1) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions;
(2) affects the application of section 6 of the Act of
December 22, 1944 (33 U.S.C. 708) (commonly known as the
``Flood Control Act of 1944'') or the Water Supply Act of
1958 (43 U.S.C. 390b) to surplus water stored outside of the
Lake Cumberland Watershed, Kentucky and Tennessee; or
(3) affects the authority of the Secretary to accept funds
under section 216(c) of the Water Resources Development Act
of 1996 (33 U.S.C. 2321a).
AMENDMENT NO. 5069
(Purpose: To require an annual survey of sea grasses in the Chesapeake
Bay)
Strike section 7206 and insert the following:
SEC. 7206. CHESAPEAKE BAY GRASS SURVEY.
Section 117(i) of the Federal Water Pollution Control Act
(33 U.S.C. 1267(i)) is amended by adding at the end the
following:
``(3) Annual survey.--The Administrator shall carry out an
annual survey of sea grasses in the Chesapeake Bay.''.
AMENDMENT NO. 5074, as modified
(Purpose: To limit the permit fees for cabins and trailers on land
administered by the Dakotas Area Office of the Bureau of Reclamation
and to allow trailer area permittees at Heart Butte Dam and Reservoir
(Lake Tschida) to continue using trailer homes on their permitted lots)
At the end of title VIII, insert the following:
SEC. ____. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT
FEES FOR CABINS AND TRAILERS.
During the period ending 5 years after the date of
enactment of this Act, the Secretary of the Interior shall
not increase the permit fee for a cabin or trailer on land in
the State of North Dakota administered by the Dakotas Area
Office of the Bureau of Reclamation by more than 33 percent
of the permit fee that was in effect on January 1, 2016.
SEC. ___. USE OF TRAILER HOMES AT HEART BUTTE DAM AND
RESERVOIR (LAKE TSCHIDA).
(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed
structure added onto the structure of a trailer home that
increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or
recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper hitch
camper, fifth wheel camper, or equivalent mobile shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means
a spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by
the Secretary authorizing the use of a lot in a trailer area.
(5) Permit year.--The term ``permit year'' means the period
beginning on April 1 of a calendar year and ending on March
31 of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person
holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of
the following areas at Heart
[[Page S5743]]
Butte Dam and Reservoir (Lake Tschida) (as described in the
document of the Bureau of Reclamation entitled ``Heart Butte
Reservoir Resource Management Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management Unit
034.
(B) Southside Trailer Area, also known as Management Unit
014.
(9) Trailer home.--The term ``trailer home'' means a
dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made mobile, by
an axle and wheels.
(b) Permit Renewal and Permitted Use.--
(1) In general.--The Secretary shall use the same permit
renewal process for trailer area permits as the Secretary
uses for other permit renewals in other reservoirs in the
State of North Dakota administered by the Dakotas Area Office
of the Bureau of Reclamation.
(2) Trailer homes.--With respect to a trailer home, a
permit for each permit year shall authorize the permittee--
(A) to park the trailer home on the lot;
(B) to use the trailer home on the lot;
(C) to physically move the trailer home on and off the lot;
and
(D) to leave on the lot any addition, deck, porch,
entryway, step to the trailer home, propane tank, or storage
shed.
(3) Campers or recreational vehicles.--With respect to a
camper or recreational vehicle, a permit shall, for each
permit year--
(A) from April 1 to October 31, authorize the permittee--
(i) to park the camper or recreational vehicle on the lot;
(ii) to use the camper or recreational vehicle on the lot;
and
(iii) to move the camper or recreational vehicle on and off
the lot; and
(B) from November 1 to March 31, require a permittee to
remove the camper or recreational vehicle from the lot.
(c) Removal.--
(1) In general.--The Secretary may require removal of a
trailer home from a lot in a trailer area if the trailer home
is flooded after the date of enactment of this Act.
(2) Removal and new use.--If the Secretary requires removal
of a trailer home under paragraph (1), on request by the
permittee, the Secretary shall authorize the permittee--
(A) to replace the trailer home on the lot with a camper or
recreational vehicle in accordance with this section; or
(B) to place a trailer home on the lot from April 1 to
October 31.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee
transfers title to a trailer home permitted on a lot in a
trailer area, the Secretary shall issue a permit to the
transferee, under the same terms as the permit applicable on
the date of transfer, subject to the conditions described in
paragraph (3).
(2) Transfer of camper or recreational vehicle title.--If a
permittee who has a permit to use a camper or recreational
vehicle on a lot in a trailer area transfers title to the
interests of the permittee on or to the lot, the Secretary
shall issue a permit to the transferee, subject to the
conditions described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under
paragraph (1) or (2) shall be subject to the following
conditions:
(A) A permit may not be held in the name of a corporation.
(B) A permittee may not have an interest in, or control of,
more than 1 seasonal trailer home site in the Great Plains
Region of the Bureau of Reclamation, inclusive of sites
located on tracts permitted to organized groups on
Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under 1
permit, unless--
(i) approved by the Secretary; or
(ii) the additional persons are immediate family members of
the permittees.
(e) Anchoring Requirements for Trailer Homes.--The
Secretary shall require compliance with appropriate anchoring
requirements for each trailer home (including additions to
the trailer home) and other objects on a lot in a trailer
area, as determined by the Secretary, after consulting with
permittees.
(f) Replacement, Removal, and Return.--
(1) Replacement.--Permittees may replace their trailer home
with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home under
subparagraph (A), return the trailer home to the lot of the
permittee.
(g) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee or for
damages arising out of any act, omission, or occurrence
relating to a lot to which a permit applies, other than for
damages caused by an act or omission of the United States or
an employee, agent, or contractor of the United States before
the date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be a taking by the
United States.
Amendment No. 5077
(Purpose: To achieve a fair, equitable, and final settlement of claims
to water rights in the State of Montana for the Blackfeet Tribe of the
Blackfeet Indian Reservation and the United States, for the benefit of
the Tribe and allottees, and for other purposes.)
(The amendment is printed in today's Record under ``Text of
Amendments.'')
AMENDMENT NO. 5066, as modified
(Purpose: To require a GAO review and report on certain projects)
At the end of title I, insert the following:
SEC. 10__. GAO REVIEW AND REPORT.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a review, and submit to Congress a report on the
implementation and effectiveness of the projects carried out
under section 219 of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4835).
The PRESIDING OFFICER. Under the previous order, amendments Nos.
5075; 5063, as modified; 5076; 5068; 5069; 5074, as modified; 5077; and
5066, as modified, are agreed to.
Under the previous order, all postcloture time has expired.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
Mr. HOEVEN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from New Hampshire (Ms. Ayotte).
Further, if present and voting, the Senator from New Hampshire (Ms.
Ayotte) would have voted ``yea''.
Mr. DURBIN. I announce that the Senator from Virginia (Mr. Kaine) is
necessarily absent.
I further announce that, if present and voting, the Senator from
Virginia (Mr. Kaine) would vote yea.
The PRESIDING OFFICER (Mrs. Fischer). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 95, nays 3, as follows:
[Rollcall Vote No. 141 Leg.]
YEAS--95
Alexander
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Cruz
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
King
Kirk
Klobuchar
Lankford
Leahy
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sanders
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--3
Flake
Lee
Sasse
NOT VOTING--2
Ayotte
Kaine
The bill (S. 2848), as amended, was passed, as follows:
S. 2848
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2016''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 3. Limitations.
TITLE I--PROGRAM REFORMS
Sec. 1001. Study of water resources development projects by non-Federal
interests.
Sec. 1002. Advanced funds for water resources development studies and
projects.
Sec. 1003. Authority to accept and use materials and services.
Sec. 1004. Partnerships with non-Federal entities to protect the
Federal investment.
Sec. 1005. Non-Federal study and construction of projects.
[[Page S5744]]
Sec. 1006. Munitions disposal.
Sec. 1007. Challenge cost-sharing program for management of recreation
facilities.
Sec. 1008. Structures and facilities constructed by the Secretary.
Sec. 1009. Project completion.
Sec. 1010. Contributed funds.
Sec. 1011. Application of certain benefits and costs included in final
feasibility studies.
Sec. 1012. Leveraging Federal infrastructure for increased water
supply.
Sec. 1013. New England District headquarters.
Sec. 1014. Buffalo District headquarters.
Sec. 1015. Completion of ecosystem restoration projects.
Sec. 1016. Credit for donated goods.
Sec. 1017. Structural health monitoring.
Sec. 1018. Fish and wildlife mitigation.
Sec. 1019. Non-Federal interests.
Sec. 1020. Discrete segment.
Sec. 1021. Funding to process permits.
Sec. 1022. International Outreach Program.
Sec. 1023. Wetlands mitigation.
Sec. 1024. Use of Youth Service and Conservation Corps.
Sec. 1025. Debris removal.
Sec. 1026. Aquaculture study.
Sec. 1027. Levee vegetation.
Sec. 1028. Planning assistance to States.
Sec. 1029. Prioritization.
Sec. 1030. Kennewick Man.
Sec. 1031. Disposition studies.
Sec. 1032. Transfer of excess credit.
Sec. 1033. Surplus water storage.
Sec. 1034. Hurricane and storm damage reduction.
Sec. 1035. Fish hatcheries.
Sec. 1036. Feasibility studies and watershed assessments.
Sec. 1037. Shore damage prevention or mitigation.
Sec. 1038. Enhancing lake recreation opportunities.
Sec. 1039. Cost estimates.
Sec. 1040. Tribal partnership program.
Sec. 1041. Cost sharing for territories and Indian tribes.
Sec. 1042. Local government water management plans.
Sec. 1043. Credit in lieu of reimbursement.
Sec. 1044. Retroactive changes to cost-sharing agreements.
Sec. 1045. Easements for electric, telephone, or broadband service
facilities eligible for financing under the Rural
Electrification Act of 1936.
Sec. 1046. Study on the performance of innovative materials.
Sec. 1047. Deauthorization of inactive projects.
Sec. 1048. Review of reservoir operations.
Sec. 1049. Written agreement requirement for water resources projects.
Sec. 1050. Maximum cost of projects.
Sec. 1051. Conversion of surplus water agreements.
Sec. 1052. Authorized funding for interagency and international
support.
Sec. 1053. Surplus water storage.
Sec. 1054. GAO review and report.
TITLE II--NAVIGATION
Sec. 2001. Projects funded by the Inland Waterways Trust Fund.
Sec. 2002. Operation and maintenance of fuel-taxed inland waterways.
Sec. 2003. Funding for harbor maintenance programs.
Sec. 2004. Dredged material disposal.
Sec. 2005. Cape Arundel disposal site, Maine.
Sec. 2006. Maintenance of harbors of refuge.
Sec. 2007. Aids to navigation.
Sec. 2008. Beneficial use of dredged material.
Sec. 2009. Operation and maintenance of harbor projects.
Sec. 2010. Additional measures at donor ports and energy transfer
ports.
Sec. 2011. Harbor deepening.
Sec. 2012. Operations and maintenance of inland Mississippi River
ports.
Sec. 2013. Implementation guidance.
Sec. 2014. Remote and subsistence harbors.
Sec. 2015. Non-Federal interest dredging authority.
Sec. 2016. Transportation cost savings.
Sec. 2017. Dredged material.
Sec. 2018. Great Lakes Navigation System.
Sec. 2019. Harbor Maintenance Trust Fund.
TITLE III--SAFETY IMPROVEMENTS
Sec. 3001. Rehabilitation assistance for non-Federal flood control
projects.
Sec. 3002. Rehabilitation of existing levees.
Sec. 3003. Maintenance of high risk flood control projects.
Sec. 3004. Rehabilitation of high hazard potential dams.
Sec. 3005. Expedited completion of authorized projects for flood damage
reduction.
Sec. 3006. Cumberland River Basin Dam repairs.
Sec. 3007. Indian dam safety.
Sec. 3008. Rehabilitation of Corps of Engineers constructed flood
control dams.
TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS
Sec. 4001. Gulf Coast oyster bed recovery plan.
Sec. 4002. Columbia River, Platte River, and Arkansas River.
Sec. 4003. Missouri River.
Sec. 4004. Puget Sound nearshore ecosystem restoration.
Sec. 4005. Ice jam prevention and mitigation.
Sec. 4006. Chesapeake Bay oyster restoration.
Sec. 4007. North Atlantic coastal region.
Sec. 4008. Rio Grande.
Sec. 4009. Texas coastal area.
Sec. 4010. Upper Mississippi and Illinois Rivers flood risk management.
Sec. 4011. Salton Sea, California.
Sec. 4012. Adjustment.
Sec. 4013. Coastal resiliency.
Sec. 4014. Regional intergovernmental collaboration on coastal
resilience.
Sec. 4015. South Atlantic coastal study.
Sec. 4016. Kanawha River Basin.
Sec. 4017. Consideration of full array of measures for coastal risk
reduction.
Sec. 4018. Waterfront community revitalization and resiliency.
Sec. 4019. Table Rock Lake, Arkansas and Missouri.
Sec. 4020. Pearl River Basin, Mississippi.
TITLE V--DEAUTHORIZATIONS
Sec. 5001. Deauthorizations.
Sec. 5002. Conveyances.
TITLE VI--WATER RESOURCES INFRASTRUCTURE
Sec. 6001. Authorization of final feasibility studies.
Sec. 6002. Authorization of project modifications recommended by the
Secretary.
Sec. 6003. Authorization of study and modification proposals submitted
to Congress by the Secretary.
Sec. 6004. Expedited completion of reports.
Sec. 6005. Extension of expedited consideration in Senate.
Sec. 6006. GAO study on Corps of Engineers methodology and performance
metrics.
Sec. 6007. Inventory assessment.
Sec. 6008. Saint Lawrence Seaway modernization.
Sec. 6009. Yazoo Basin, Mississippi.
TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE
Sec. 7001. Definition of Administrator.
Sec. 7002. Sense of the Senate on appropriations levels and findings on
economic impacts.
Subtitle A--Drinking Water
Sec. 7101. Preconstruction work.
Sec. 7102. Priority system requirements.
Sec. 7103. Administration of State loan funds.
Sec. 7104. Other authorized activities.
Sec. 7105. Negotiation of contracts.
Sec. 7106. Assistance for small and disadvantaged communities.
Sec. 7107. Reducing lead in drinking water.
Sec. 7108. Regional liaisons for minority, tribal, and low-income
communities.
Sec. 7109. Notice to persons served.
Sec. 7110. Electronic reporting of drinking water data.
Sec. 7111. Lead testing in school and child care drinking water.
Sec. 7112. WaterSense program.
Sec. 7113. Water supply cost savings.
Sec. 7114. Small system technical assistance.
Sec. 7115. Definition of Indian tribe.
Sec. 7116. Technical assistance for tribal water systems.
Sec. 7117. Requirement for the use of American materials.
Subtitle B--Clean Water
Sec. 7201. Sewer overflow control grants.
Sec. 7202. Small and medium treatment works.
Sec. 7203. Integrated plans.
Sec. 7204. Green infrastructure promotion.
Sec. 7205. Financial capability guidance.
Sec. 7206. Chesapeake Bay Grass Survey.
Sec. 7207. Great Lakes harmful algal bloom coordinator.
Subtitle C--Innovative Financing and Promotion of Innovative
Technologies
Sec. 7301. Water infrastructure public-private partnership pilot
program.
Sec. 7302. Water infrastructure finance and innovation.
Sec. 7303. Water Infrastructure Investment Trust Fund.
Sec. 7304. Innovative water technology grant program.
Sec. 7305. Water Resources Research Act amendments.
Sec. 7306. Reauthorization of Water Desalination Act of 1996.
[[Page S5745]]
Sec. 7307. National drought resilience guidelines.
Sec. 7308. Innovation in State water pollution control revolving loan
funds.
Sec. 7309. Innovation in drinking water State revolving loan funds.
Subtitle D--Drinking Water Disaster Relief and Infrastructure
Investments
Sec. 7401. Drinking water infrastructure.
Sec. 7402. Loan forgiveness.
Sec. 7403. Registry for lead exposure and advisory committee.
Sec. 7404. Additional funding for certain childhood health programs.
Sec. 7405. Review and report.
Subtitle E--Report on Groundwater Contamination
Sec. 7501. Definitions.
Sec. 7502. Report on groundwater contamination.
Subtitle F--Restoration
PART I--Great Lakes Restoration
Sec. 7611. Great Lakes Restoration Initiative.
Sec. 7612. Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990.
PART II--Lake Tahoe Restoration
Sec. 7621. Findings and purposes.
Sec. 7622. Definitions.
Sec. 7623. Improved administration of the Lake Tahoe Basin Management
Unit.
Sec. 7624. Authorized programs.
Sec. 7625. Program performance and accountability.
Sec. 7626. Conforming amendments; updates to related laws.
Sec. 7627. Authorization of appropriations.
Sec. 7628. Land transfers to improve management efficiencies of Federal
and State land.
PART III--Long Island Sound Restoration
Sec. 7631. Restoration and stewardship programs.
Sec. 7632. Reauthorization.
PART IV--Delaware River Basin Conservation
Sec. 7641. Findings.
Sec. 7642. Definitions.
Sec. 7643. Program establishment.
Sec. 7644. Grants and assistance.
Sec. 7645. Annual reports.
Sec. 7646. Authorization of appropriations.
PART V--Columbia River Basin Restoration
Sec. 7651. Columbia River Basin restoration.
Subtitle G--Innovative Water Infrastructure Workforce Development
Sec. 7701. Innovative water infrastructure workforce development
program.
Subtitle H--Offset
Sec. 7801. Offset.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 8001. Approval of State programs for control of coal combustion
residuals.
Sec. 8002. Choctaw Nation of Oklahoma and the Chickasaw Nation water
settlement.
Sec. 8003. Land transfer and trust land for the Muscogee (Creek)
Nation.
Sec. 8004. Reauthorization of Denali Commission.
Sec. 8005. Recreational access of floating cabins.
Sec. 8006. Regulation of aboveground storage at farms.
Sec. 8007. Salt cedar removal permit reviews.
Sec. 8008. International outfall interceptor repair, operations, and
maintenance.
Sec. 8009. Pechanga Band of Luiseno Mission Indians water rights
settlement.
Sec. 8010. Gold King Mine spill recovery.
Sec. 8011. Reports by the Comptroller General.
Sec. 8012. Sense of Congress.
Sec. 8013. Bureau of Reclamation Dakotas Area Office permit fees for
cabins and trailers.
Sec. 8014. Use of trailer homes at heart butte dam and reservoir (Lake
Tschida).
TITLE IX--BLACKFEET WATER RIGHTS SETTLEMENT ACT
Sec. 9001. Short title.
Sec. 9002. Purposes.
Sec. 9003. Definitions.
Sec. 9004. Ratification of compact.
Sec. 9005. Milk River water right.
Sec. 9006. Water delivery through Milk River project.
Sec. 9007. Bureau of Reclamation activities to improve water
management.
Sec. 9008. St. Mary canal hydroelectric power generation.
Sec. 9009. Storage allocation from Lake Elwell.
Sec. 9010. Irrigation activities.
Sec. 9011. Design and construction of MR&I System.
Sec. 9012. Design and construction of water storage and irrigation
facilities.
Sec. 9013. Blackfeet water, storage, and development projects.
Sec. 9014. Easements and rights-of-way.
Sec. 9015. Tribal water rights.
Sec. 9016. Blackfeet settlement trust fund.
Sec. 9017. Blackfeet water settlement implementation fund.
Sec. 9018. Authorization of appropriations.
Sec. 9019. Water rights in Lewis and Clark National Forest and Glacier
National Park.
Sec. 9020. Waivers and releases of claims.
Sec. 9021. Satisfaction of claims.
Sec. 9022. Miscellaneous provisions.
Sec. 9023. Expiration on failure to meet enforceability date.
Sec. 9024. Antideficiency.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
SEC. 3. LIMITATIONS.
Nothing in this Act--
(1) supersedes or modifies any written agreement between
the Federal Government and a non-Federal interest that is in
effect on the date of enactment of this Act;
(2) supersedes or authorizes any amendment to a multistate
water control plan, including the Missouri River Master Water
Control Manual (as in effect on the date of enactment of this
Act);
(3) affects any water right in existence on the date of
enactment of this Act;
(4) preempts or affects any State water law or interstate
compact governing water; or
(5) affects any authority of a State, as in effect on the
date of enactment of this Act, to manage water resources
within the State.
TITLE I--PROGRAM REFORMS
SEC. 1001. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
Section 203 of the Water Resources Development Act of 1986
(33 U.S.C. 2231) is amended by adding at the end the
following:
``(e) Technical Assistance.--On the request of a non-
Federal interest, the Secretary may provide technical
assistance relating to any aspect of the feasibility study if
the non-Federal interest contracts with the Secretary to pay
all costs of providing the technical assistance.''.
SEC. 1002. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT
STUDIES AND PROJECTS.
The Act of October 15, 1940 (33 U.S.C. 701h-1), is
amended--
(1) in the first sentence--
(A) by striking ``Whenever any'' and inserting the
following:
``(a) In General.--Whenever any'';
(B) by striking ``a flood-control project duly adopted and
authorized by law'' and inserting ``an authorized water
resources development study or project,''; and
(C) by striking ``such work'' and inserting ``such study or
project'';
(2) in the second sentence--
(A) by striking ``The Secretary of the Army'' and inserting
the following:
``(b) Repayment.--The Secretary of the Army''; and
(B) by striking ``from appropriations which may be provided
by Congress for flood-control work'' and inserting ``if
specific appropriations are provided by Congress for such
purpose''; and
(3) by adding at the end the following:
``(c) Definition of State.--In this section, the term
`State' means--
``(1) a State;
``(2) the District of Columbia;
``(3) the Commonwealth of Puerto Rico;
``(4) any other territory or possession of the United
States; and
``(5) a federally recognized Indian tribe or a Native
village, Regional Corporation, or Village Corporation (as
those terms are defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).''.
SEC. 1003. AUTHORITY TO ACCEPT AND USE MATERIALS AND
SERVICES.
Section 1024 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2325a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Subject to subsection (b), the Secretary
is authorized to accept and use materials, services, or funds
contributed by a non-Federal public entity, a nonprofit
entity, or a private entity to repair, restore, replace, or
maintain a water resources project in any case in which the
District Commander determines that--
``(1) there is a risk of adverse impacts to the functioning
of the project for the authorized purposes of the project;
and
``(2) acceptance of the materials and services or funds is
in the public interest.''; and
(2) in subsection (c), in the matter preceding paragraph
(1)--
(A) by striking ``Not later than 60 days after initiating
an activity under this section,'' and inserting ``Not later
than February 1 of each year after the first fiscal year in
which materials, services, or funds are accepted under this
section,''; and
(B) by striking ``a report'' and inserting ``an annual
report''.
SEC. 1004. PARTNERSHIPS WITH NON-FEDERAL ENTITIES TO PROTECT
THE FEDERAL INVESTMENT.
(a) In General.--Subject to subsection (c), the Secretary
is authorized to partner with a non-Federal interest for the
maintenance of a water resources project to ensure that the
project will continue to function for the authorized purposes
of the project.
(b) Form of Partnership.--Under a partnership referred to
in subsection (a), the Secretary is authorized to accept and
use funds, materials, and services contributed by the non-
Federal interest.
(c) No Credit or Reimbursement.--Any entity that
contributes materials, services, or funds under this section
shall not be eligible for credit, reimbursement, or repayment
[[Page S5746]]
for the value of those materials, services, or funds.
SEC. 1005. NON-FEDERAL STUDY AND CONSTRUCTION OF PROJECTS.
(a) In General.--The Secretary may accept and expend funds
provided by non-Federal interests to undertake reviews,
inspections, monitoring, and other Federal activities related
to non-Federal interests carrying out the study, design, or
construction of water resources development projects under
section 203 or 204 of the Water Resources Development Act of
1986 (33 U.S.C. 2231, 2232) or any other Federal law.
(b) Inclusion in Costs.--In determining credit or
reimbursement, the Secretary may include the amount of funds
provided by a non-Federal interest under this section as a
cost of the study, design, or construction.
SEC. 1006. MUNITIONS DISPOSAL.
Section 1027 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 426e-2) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, at full Federal expense,'' after ``The
Secretary may''; and
(2) in subsection (b), by striking ``funded'' and inserting
``reimbursed''.
SEC. 1007. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF
RECREATION FACILITIES.
Section 225 of the Water Resources Development Act of 1992
(33 U.S.C. 2328) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) User Fees.--
``(1) Collection of fees.--
``(A) In general.--The Secretary may allow a non-Federal
public or private entity that has entered into an agreement
pursuant to subsection (b) to collect user fees for the use
of developed recreation sites and facilities, whether
developed or constructed by that entity or the Department of
the Army.
``(B) Use of visitor reservation services.--A public or
private entity described in subparagraph (A) may use to
manage fee collections and reservations under this section
any visitor reservation service that the Secretary has
provided for by contract or interagency agreement, subject to
such terms and conditions as the Secretary determines to be
appropriate.
``(2) Use of fees.--A non-Federal public or private entity
that collects user fees under paragraph (1) may--
``(A) retain up to 100 percent of the fees collected, as
determined by the Secretary; and
``(B) notwithstanding section 210(b)(4) of the Flood
Control Act of 1968 (16 U.S.C. 460d-3(b)(4)), use that amount
for operation, maintenance, and management at the recreation
site at which the fee is collected.
``(3) Terms and conditions.--The authority of a non-Federal
public or private entity under this subsection shall be
subject to such terms and conditions as the Secretary
determines necessary to protect the interests of the United
States.''.
SEC. 1008. STRUCTURES AND FACILITIES CONSTRUCTED BY THE
SECRETARY.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408)
(commonly known as the ``Rivers and Harbors Act of 1899''),
is amended--
(1) by striking ``That it shall not be lawful'' and
inserting the following:
``(a) Prohibitions and Permissions.--It shall not be
lawful''; and
(2) by adding at the end the following:
``(b) Concurrent Review.--
``(1) NEPA review.--
``(A) In general.--In any case in which an activity subject
to this section requires a review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
review and approval under this section shall, to the maximum
extent practicable, occur concurrently with any review and
decisions made under that Act.
``(B) Corps of engineers as a cooperating agency.--If the
Corps of Engineers is not the lead Federal agency for an
environmental review described in subparagraph (A), the Chief
of Engineers shall, to the maximum extent practicable--
``(i) participate in the review as a cooperating agency
(unless the Chief of Engineers does not intend to submit
comments on the project); and
``(ii) adopt and use any environmental document prepared
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) by the lead agency to the same extent
that a Federal agency could adopt or use a document prepared
by another Federal agency under--
``(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(II) parts 1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations).
``(2) Reviews by secretary.--In any case in which the
Secretary of the Army is required to approve an action under
this section and under another authority, including sections
9 and 10 of this Act, section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344), and section 103 of
the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1413), the Secretary shall--
``(A) coordinate the reviews and, to the maximum extent
practicable, carry out the reviews concurrently; and
``(B) adopt and use any document prepared by the Corps of
Engineers for the purpose of complying with the same law and
that addresses the same types of impacts in the same
geographic area if the document, as determined by the
Secretary, is current and applicable.
``(3) Contributed funds.--The Secretary of the Army may
accept and expend funds received from non-Federal public or
private entities to evaluate under this section an alteration
or permanent occupation or use of a work built by the United
States.''.
SEC. 1009. PROJECT COMPLETION.
For any project authorized under section 219 of the Water
Resources Development Act of 1992 (Public Law 102-580; 106
Stat. 4835), the authorization of appropriations is increased
by the amount, including in increments, necessary to allow
completion of the project if--
(1) as of the date of enactment of this Act, the project
has received more than $4,000,000 in Federal appropriations
and those appropriations equal an amount that is greater than
80 percent of the authorized amount;
(2) significant progress has been demonstrated toward
completion of the project or segments of the project but the
project is not complete as of the date of enactment of this
Act; and
(3) the benefits of the Federal investment will not be
realized without an increase in the authorization of
appropriations to allow completion of the project.
SEC. 1010. CONTRIBUTED FUNDS.
(a) Contributed Funds.--Section 5 of the Act of June 22,
1936 (33 U.S.C. 701h) (commonly known as the ``Flood Control
Act of 1936''), is amended--
(1) by striking ``funds appropriated by the United States
for''; and
(2) in the first proviso, by inserting after ``authorized
purposes of the project:'' the following: ``Provided further,
That the Secretary may receive and expend funds from a State
or a political subdivision of a State and other non-Federal
interests to formulate, review, or revise, consistent with
authorized project purposes, operational documents for any
reservoir owned and operated by the Secretary (other than
reservoirs in the Upper Missouri River, the Apalachicola-
Chattahoochee-Flint River system, the Alabama-Coosa-
Tallapoosa River system, and the Stones River):''
(b) Report.--Section 1015 of the Water Resources Reform and
Development Act of 2014 is amended by striking subsection (b)
(33 U.S.C. 701h note; Public Law 113-121) and inserting the
following:
``(b) Report.--Not later than February 1 of each year, the
Secretary shall submit to the Committees on Environment and
Public Works and Appropriations of the Senate and the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives a report
that--
``(1) describes the number of agreements executed in the
previous fiscal year for the acceptance of contributed funds
under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h)
(commonly known as the `Flood Control Act of 1936'); and
``(2) includes information on the projects and amounts of
contributed funds referred to in paragraph (1).''.
SEC. 1011. APPLICATION OF CERTAIN BENEFITS AND COSTS INCLUDED
IN FINAL FEASIBILITY STUDIES.
(a) In General.--For a navigation project authorized after
November 7, 2007, involving offshore oil and gas fabrication
ports, the recommended plan by the Chief of Engineers shall
be the plan that uses the value of future energy exploration
and production fabrication contracts and the transportation
savings that would result from a larger navigation channel in
accordance with section 6009 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 282).
(b) Special Rule.--In addition to projects described in
subsection (a), this section shall apply to--
(1) a project that has undergone an economic benefits
update; and
(2) at the request of the non-Federal sponsor, any ongoing
feasibility study for which the benefits under section 6009
of the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005 (Public
Law 109-13; 119 Stat. 282) may apply.
SEC. 1012. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED
WATER SUPPLY.
(a) In General.--At the request of a non-Federal interest,
the Secretary may review proposals to increase the quantity
of available supplies of water at Federal water resources
projects through--
(1) modification of a water resources project;
(2) modification of how a project is managed; or
(3) accessing water released from a project.
(b) Proposals Included.--A proposal under subsection (a)
may include--
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the
project--
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from
pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs
(1) through (4).
(c) Exclusions.--This section shall not apply to a proposal
that--
[[Page S5747]]
(1) reallocates existing water supply or hydropower
storage; or
(2) reduces water available for any authorized project
purpose.
(d) Other Federal Projects.--In any case in which a
proposal relates to a Federal project that is not owned by
the Secretary, this section shall apply only to activities
under the authority of the Secretary.
(e) Review Process.--
(1) Notice.--On receipt of a proposal submitted under
subsection (a), the Secretary shall provide a copy of the
proposal to each entity described in paragraph (2) and if
applicable, the Federal agency that owns the project, in the
case of a project owned by an agency other than the
Department of the Army.
(2) Public participation.--In reviewing proposals submitted
under subsection (a), and prior to making any decisions
regarding a proposal, the Secretary shall comply with all
applicable public participation requirements under law,
including consultation with--
(A) affected States;
(B) Power Marketing Administrations, in the case of
reservoirs with Federal hydropower projects;
(C) entities responsible for operation and maintenance
costs;
(D) any entity that has a contractual right from the
Federal Government or a State to withdraw water from, or use
storage at, the project;
(E) entities that the State determines hold rights under
State law to the use of water from the project; and
(F) units of local government with flood risk reduction
responsibilities downstream of the project.
(f) Authorities.--A proposal submitted to the Secretary
under subsection (a) may be reviewed and approved, if
applicable and appropriate, under--
(1) the specific authorization for the water resources
project;
(2) section 216 of the Flood Control Act of 1970 (33 U.S.C.
549a);
(3) section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b); and
(4) section 14 of the Act of March 3, 1899 (commonly known
as the ``Rivers and Harbors Act of 1899'') (33 U.S.C. 408).
(g) Limitations.--The Secretary shall not approve a
proposal submitted under subsection (a) that--
(1) is not supported by the Federal agency that owns the
project if the owner is not the Secretary;
(2) interferes with an authorized purpose of the project;
(3) adversely impacts contractual rights to water or
storage at the reservoir;
(4) adversely impacts legal rights to water under State
law, as determined by an affected State;
(5) increases costs for any entity other than the entity
that submitted the proposal; or
(6) if a project is subject to section 301(e) of the Water
Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications
to the project that do not meet the requirements of that
section unless the modification is submitted to and
authorized by Congress.
(h) Cost Share.--
(1) In general.--Except as provided in paragraph (2), 100
percent of the cost of developing, reviewing, and
implementing a proposal submitted under subsection (a) shall
be provided by an entity other than the Federal Government.
(2) Planning assistance to states.--In the case of a
proposal from an entity authorized to receive assistance
under section 22 of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16), the Secretary may use funds
available under that section to pay 50 percent of the cost of
a review of a proposal submitted under subsection (a).
(3) Operation and maintenance costs.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), the operation and maintenance costs for the non-
Federal sponsor of a proposal submitted under subsection (a)
shall be 100 percent of the separable operation and
maintenance costs associated with the costs of implementing
the proposal.
(B) Certain water supply storage projects.--For a proposal
submitted under subsection (a) for constructing additional
water supply storage at a reservoir for use under a water
supply storage agreement, in addition to the costs under
subparagraph (A), the non-Federal costs shall include the
proportional share of any joint-use costs for operation,
maintenance, repair, replacement, or rehabilitation of the
reservoir project determined in accordance with section 301
of the Water Supply Act of 1958 (43 U.S.C. 390b).
(C) Voluntary contributions.--An entity other than an
entity described in subparagraph (A) may voluntarily
contribute to the costs of implementing a proposal submitted
under subsection (a).
(i) Contributed Funds.--The Secretary may receive and
expend funds contributed by a non-Federal interest for the
review and approval of a proposal submitted under subsection
(a).
(j) Assistance.--On request by a non-Federal interest, the
Secretary may provide technical assistance in the development
or implementation of a proposal under subsection (a),
including assistance in obtaining necessary permits for
construction, if the non-Federal interest contracts with the
Secretary to pay all costs of providing the technical
assistance.
(k) Exclusion.--This section shall not apply to reservoirs
in--
(1) the Upper Missouri River;
(2) the Apalachicola-Chattahoochee-Flint river system;
(3) the Alabama-Coosa-Tallapoosa river system; and
(4) the Stones River.
(l) Effect of Section.--Nothing in this section affects or
modifies any authority of the Secretary to review or modify
reservoirs.
SEC. 1013. NEW ENGLAND DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts
available in the revolving fund established by section 101 of
the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576)
and not otherwise obligated, the Secretary may--
(1) design, renovate, and construct additions to 2
buildings located on Hanscom Air Force Base in Bedford,
Massachusetts for the headquarters of the New England
District of the Army Corps of Engineers; and
(2) carry out such construction and infrastructure
improvements as are required to support the headquarters of
the New England District of the Army Corps of Engineers,
including any necessary demolition of the existing
infrastructure.
(b) Requirement.--In carrying out subsection (a), the
Secretary shall ensure that the revolving fund established by
section 101 of the Civil Functions Appropriations Act, 1954
(33 U.S.C. 576) is appropriately reimbursed from funds
appropriated for programs that receive a benefit under this
section.
SEC. 1014. BUFFALO DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts
available in the revolving fund established by section 101 of
the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576)
and not otherwise obligated, the Secretary may--
(1) design and construct a new building in Buffalo, New
York, for the headquarters of the Buffalo District of the
Army Corps of Engineers; and
(2) carry out such construction and infrastructure
improvements as are required to support the headquarters and
related installations and facilities of the Buffalo District
of the Army Corps of Engineers, including any necessary
demolition or renovation of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the
Secretary shall ensure that the revolving fund established by
section 101 of the Civil Functions Appropriations Act, 1954
(33 U.S.C. 576) is appropriately reimbursed from funds
appropriated for programs that receive a benefit under this
section.
SEC. 1015. COMPLETION OF ECOSYSTEM RESTORATION PROJECTS.
Section 2039 of the Water Resources Development Act of 2007
(33 U.S.C. 2330a) is amended by adding at the end the
following:
``(d) Inclusions.--A monitoring plan under subsection (b)
shall include a description of--
``(1) the types and number of restoration activities to be
conducted;
``(2) the physical action to be undertaken to achieve the
restoration objectives of the project;
``(3) the functions and values that will result from the
restoration plan; and
``(4) a contingency plan for taking corrective actions in
cases in which monitoring demonstrates that restoration
measures are not achieving ecological success in accordance
with criteria described in the monitoring plan.
``(e) Conclusion of Operation and Maintenance
Responsibility.--The responsibility of the non-Federal
sponsor for operation, maintenance, repair, replacement, and
rehabilitation of the ecosystem restoration project shall
cease 10 years after the date on which the Secretary makes a
determination of success under subsection (b)(2).''.
SEC. 1016. CREDIT FOR DONATED GOODS.
Section 221(a)(4)(D)(iv) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(a)(4)(D)(iv)) is amended--
(1) by inserting ``regardless of the cost incurred by the
non-Federal interest,'' before ``shall not''; and
(2) by striking ``costs'' and inserting ``value''.
SEC. 1017. STRUCTURAL HEALTH MONITORING.
(a) In General.--The Secretary shall design and develop a
structural health monitoring program to assess and improve
the condition of infrastructure constructed and maintained by
the Corps of Engineers, including research, design, and
development of systems and frameworks for--
(1) response to flood and earthquake events;
(2) pre-disaster mitigation measures;
(3) lengthening the useful life of the infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and Consideration.--In developing the
program under subsection (a), the Secretary shall--
(1) consult with academic and other experts; and
(2) consider models for maintenance and repair information,
the development of degradation models for real-time
measurements and environmental inputs, and research on
qualitative inspection data as surrogate sensors.
SEC. 1018. FISH AND WILDLIFE MITIGATION.
Section 906 of the Water Resources Development Act of 1986
(33 U.S.C. 2283) is amended--
(1) in subsection (h)--
(A) in paragraph (4)--
(i) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
[[Page S5748]]
(ii) by inserting after subparagraph (C) the following:
``(D) include measures to protect or restore habitat
connectivity'';
(B) in paragraph (6)(C), by striking ``impacts'' and
inserting ``impacts, including impacts to habitat
connectivity''; and
(C) by striking paragraph (11) and inserting the following:
``(11) Effect.--Nothing in this subsection--
``(A) requires the Secretary to undertake additional
mitigation for existing projects for which mitigation has
already been initiated, including the addition of fish
passage to an existing water resources development project;
or
``(B) affects the mitigation responsibilities of the
Secretary under any other provision of law.''; and
(2) by adding at the end the following:
``(j) Use of Funds.--The Secretary may use funds made
available for preconstruction engineering and design prior to
authorization of project construction to satisfy mitigation
requirements through third-party arrangements or to acquire
interests in land necessary for meeting mitigation
requirements under this section.
``(k) Measures.--The Secretary shall consult with
interested members of the public, the Director of the United
States Fish and Wildlife Service, the Assistant Administrator
for Fisheries of the National Oceanic and Atmospheric
Administration, States, including State fish and game
departments, and interested local governments to identify
standard measures under subsection (h)(6)(C) that reflect the
best available scientific information for evaluating habitat
connectivity.''.
SEC. 1019. NON-FEDERAL INTERESTS.
Section 221(b)(1) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(b)(1)) is amended by inserting ``or a Native
village, Regional Corporation, or Village Corporation (as
those terms are defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602))'' after ``Indian
tribe''.
SEC. 1020. DISCRETE SEGMENT.
Section 204 of the Water Resources Development Act of 1986
(33 U.S.C. 2232) is amended--
(1) by striking ``project or separable element'' each place
it appears and inserting ``project, separable element, or
discrete segment'';
(2) by striking ``project, or separable element thereof,''
each place it appears and inserting ``project, separable
element, or discrete segment of a project'';
(3) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately; and
(B) by striking the subsection designation and all that
follows through ``In this section, the'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Discrete segment.--The term `discrete segment', with
respect to a project, means a physical portion of the
project, as described in design documents, that is
environmentally acceptable, is complete, will not create a
hazard, and functions independently so that the non-Federal
sponsor can operate and maintain the discrete segment in
advance of completion of the total project or separable
element of the project.
``(2) Water resources development project.--The'';
(4) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``project, or separate element
thereof'' and inserting ``project, separable element, or
discrete segment of a project''; and
(5) in subsection (d)--
(A) in paragraph (3)(B), in the matter preceding clause
(i), by striking ``project'' and inserting ``project,
separable element, or discrete segment'';
(B) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``project, or a separable element of a water
resources development project,'' and inserting ``project,
separable element, or discrete segment of a project''; and
(C) by adding at the end the following:
``(5) Repayment of reimbursement.--If the non-Federal
interest receives reimbursement for a discrete segment of a
project and fails to complete the entire project or separable
element of the project, the non-Federal interest shall repay
to the Secretary the amount of the reimbursement, plus
interest.''.
SEC. 1021. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of
2000 (33 U.S.C. 2352(a)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(C) Rail carrier.--The term `rail carrier' has the
meaning given the term in section 10102 of title 49, United
States Code.'';
(2) in paragraph (2), by striking ``or natural gas
company'' and inserting ``, natural gas company, or rail
carrier'';
(3) in paragraph (3), by striking ``or natural gas
company'' and inserting ``, natural gas company, or rail
carrier''; and
(4) in paragraph (5), by striking ``and natural gas
companies'' and inserting ``, natural gas companies, and rail
carriers, including an evaluation of the compliance with all
requirements of this section and, with respect to a permit
for those entities, the requirements of all applicable
Federal laws''.
SEC. 1022. INTERNATIONAL OUTREACH PROGRAM.
Section 401 of the Water Resources Development Act of 1992
(33 U.S.C. 2329) is amended by striking subsection (a) and
inserting the following:
``(a) Authorization.--
``(1) In general.--The Secretary may engage in activities
to inform the United States of technological innovations
abroad that could significantly improve water resources
development in the United States.
``(2) Inclusions.--Activities under paragraph (1) may
include--
``(A) development, monitoring, assessment, and
dissemination of information about foreign water resources
projects that could significantly improve water resources
development in the United States;
``(B) research, development, training, and other forms of
technology transfer and exchange; and
``(C) offering technical services that cannot be readily
obtained in the private sector to be incorporated into water
resources projects if the costs for assistance will be
recovered under the terms of each project.''.
SEC. 1023. WETLANDS MITIGATION.
Section 2036(c) of the Water Resources Development Act of
2007 (33 U.S.C. 2317b) is amended by adding at the end the
following:
``(4) Mitigation banks.--
``(A) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall issue
implementation guidance that provides for the consideration
in water resources development feasibility studies of the
entire amount of potential in-kind credits available at
mitigation banks and in-lieu fee programs with an approved
service area that includes the projected impacts of the water
resource development project.
``(B) Requirements.--All potential mitigation bank and in-
lieu fee credits that meet the criteria under subparagraph
(A) shall be considered a reasonable alternative for planning
purposes if the applicable mitigation bank--
``(i) has an approved mitigation banking instrument; and
``(ii) has completed a functional analysis of the potential
credits using the approved Corps of Engineers certified
habitat assessment model specific to the region.
``(C) Effect.--Nothing in this paragraph modifies or alters
any requirement for a water resources project to comply with
applicable laws or regulations, including section 906 of the
Water Resources Development Act of 1986 (33 U.S.C. 2283).''.
SEC. 1024. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
Section 213 of the Water Resources Development Act of 2000
(33 U.S.C. 2339) is amended by adding at the end the
following:
``(d) Youth Service and Conservation Corps.--The Secretary
shall encourage each district of the Corps of Engineers to
enter into cooperative agreements authorized under this
section with qualified youth service and conservation corps
to perform appropriate projects.''.
SEC. 1025. DEBRIS REMOVAL.
Section 3 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved March 2, 1945 (33 U.S.C. 603a), is amended--
(1) by striking ``$1,000,000'' and inserting
``$5,000,000'';
(2) by striking ``accumulated snags and other debris'' and
inserting ``accumulated snags, obstructions, and other debris
located in or adjacent to a Federal channel''; and
(3) by striking ``or flood control'' and inserting ``,
flood control, or recreation''.
SEC. 1026. AQUACULTURE STUDY.
(a) In General.--The Comptroller General shall carry out an
assessment of the shellfish aquaculture industry, including--
(1) an examination of Federal and State laws (including
regulations) in each relevant district of the Corps of
Engineers;
(2) the number of shellfish aquaculture leases,
verifications, or permits in place in each relevant district
of the Corps of Engineers;
(3) the period of time required to secure a shellfish
aquaculture lease, verification, or permit from each relevant
jurisdiction; and
(4) the experience of the private sector in applying for
shellfish aquaculture permits from different jurisdictions of
the Corps of Engineers and different States.
(b) Study Area.--The study area shall comprise, to the
maximum extent practicable, the following applicable
locations:
(1) The Chesapeake Bay.
(2) The Gulf Coast States.
(3) The State of California.
(4) The State of Washington.
(c) Findings.--Not later than 225 days after the date of
enactment of this Act, the Comptroller General shall submit
to the Committees on Environment and Public Works and on
Energy and Natural Resources of the Senate and the Committees
on Transportation and Infrastructure and on Natural Resources
of the House of Representatives a report containing the
findings of the assessment conducted under subsection (a).
SEC. 1027. LEVEE VEGETATION.
(a) In General.--Section 3013(g)(1) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 701n note;
Public Law 113-121) is amended--
(1) by inserting ``remove existing vegetation or'' after
``the Secretary shall not''; and
(2) by striking ``as a condition or requirement for any
approval or funding of a project, or any other action''.
[[Page S5749]]
(b) Report.--Not later than 30 days after the enactment of
this Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that--
(1) describes the reasons for the failure of the Secretary
to meet the deadlines in subsection (f) of section 3013 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 701n note; Public Law 113-121); and
(2) provides a plan for completion of the activities
required in that subsection (f).
SEC. 1028. PLANNING ASSISTANCE TO STATES.
Section 22(a)(1) of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16(a)(1)) is amended--
(1) by inserting ``, a group of States, or a regional or
national consortia of States'' after ``working with a
State''; and
(2) by striking ``located within the boundaries of such
State''.
SEC. 1029. PRIORITIZATION.
Section 1011 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2341a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C), by inserting ``restore or'' before
``prevent the loss''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``the date of enactment of this Act'' and inserting ``the
date of enactment of the Water Resources Development Act of
2016''; and
(ii) in subparagraph (A)(ii), by striking ``that--'' and
all that follows through ``(II)'' and inserting ``that''; and
(2) in subsection (b)--
(A) in paragraph (1), by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respectively, and
indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For'' and inserting the
following:
``(1) In general.--For''; and
(D) by adding at the end the following:
``(2) Expedited consideration of currently authorized
programmatic authorities.--Not later than 180 days after the
date of enactment of the Water Resources Development Act of
2016, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that contains--
``(A) a list of all programmatic authorities for aquatic
ecosystem restoration or improvement of the environment
that--
``(i) were authorized or modified in the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1041)
or any subsequent Act; and
``(ii) that meet the criteria described in paragraph (1);
and
``(B) a plan for expeditiously completing the projects
under the authorities described in subparagraph (A), subject
to available funding.''.
SEC. 1030. KENNEWICK MAN.
(a) Definitions.--In this section:
(1) Claimant tribes.--The term ``claimant tribes'' means
the Indian tribes and band referred to in the letter from
Secretary of the Interior Bruce Babbitt to Secretary of the
Army Louis Caldera, relating to the human remains and dated
September 21, 2000.
(2) Department.--The term ``Department'' means the
Washington State Department of Archaeology and Historic
Preservation.
(3) Human remains.--The term ``human remains'' means the
human remains that--
(A) are known as Kennewick Man or the Ancient One, which
includes the projectile point lodged in the right ilium bone,
as well as any residue from previous sampling and studies;
and
(B) are part of archaeological collection number 45BN495.
(b) Transfer.--Notwithstanding any other provision of
Federal law, including the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the
State of Washington, not later than 90 days after the date of
enactment of this Act, the Secretary, acting through the
Chief of Engineers, shall transfer the human remains to the
Department, on the condition that the Department, acting
through the State Historic Preservation Officer, disposes of
the remains and repatriates the remains to claimant tribes.
(c) Cost.--The Corps of Engineers shall be responsible for
any costs associated with the transfer.
(d) Limitations.--
(1) In general.--The transfer shall be limited solely to
the human remains portion of the archaeological collection.
(2) Secretary.--The Secretary shall have no further
responsibility for the human remains transferred pursuant to
subsection (b) after the date of the transfer.
SEC. 1031. DISPOSITION STUDIES.
In carrying out any disposition study for a project of the
Corps of Engineers (including a study under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a)), the
Secretary shall consider the extent to which the property has
economic or recreational significance or impacts at the
national, State, or local level.
SEC. 1032. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a)--
(A) by striking the subsection designation and heading and
all that follows through ``Subject to subsection (b)'' and
inserting the following:
``(a) Application of Credit.--
``(1) In general.--Subject to subsection (b)''; and
(B) by adding at the end the following:
``(2) Reasonable intervals.--On request from a non-Federal
interest, the credit described in subsection (a) may be
applied at reasonable intervals as those intervals occur and
are identified as being in excess of the required non-Federal
cost share prior to completion of the study or project if the
credit amount is verified by the Secretary.'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
SEC. 1033. SURPLUS WATER STORAGE.
Section 1046(c) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1254)
is amended by adding at the end the following:
``(5) Time limit.--
``(A) In general.--If the Secretary has documented the
volume of surplus water available, not later than 60 days
after the date on which the Secretary receives a request for
a contract and easement, the Secretary shall issue a decision
on the request.
``(B) Outstanding information.--If the Secretary has not
documented the volume of surplus water available, not later
than 30 days after the date on which the Secretary receives a
request for a contract and easement, the Secretary shall
provide to the requester--
``(i) an identification of any outstanding information that
is needed to make a final decision;
``(ii) the date by which the information referred to in
clause (i) shall be obtained; and
``(iii) the date by which the Secretary will make a final
decision on the request.''.
SEC. 1034. HURRICANE AND STORM DAMAGE REDUCTION.
Section 3(c)(2)(B) of the Act of August 13, 1946 (33 U.S.C.
426g(c)(2)(B)) is amended by striking ``$5,000,000'' and
inserting ``$10,000,000''.
SEC. 1035. FISH HATCHERIES.
(a) In General.--Notwithstanding any other provision of
law, the Secretary may operate a fish hatchery for the
purpose of restoring a population of fish species located in
the region surrounding the fish hatchery that is listed as a
threatened species or an endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a
similar State law.
(b) Costs.--A non-Federal entity, another Federal agency,
or a group of non-Federal entities or other Federal agencies
shall be responsible for 100 percent of the additional costs
associated with managing a fish hatchery for the purpose
described in subsection (a) that are not authorized as of the
date of enactment of this Act for the fish hatchery.
SEC. 1036. FEASIBILITY STUDIES AND WATERSHED ASSESSMENTS.
(a) Vertical Integration and Acceleration of Studies.--
Section 1001(d) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282c(d)) is amended by striking
paragraph (3) and inserting the following:
``(3) Report.--Not later than February 1 of each year, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies any feasibility
study for which the Secretary in the preceding fiscal year
approved an increase in cost or extension in time as provided
under this section, including an identification of the
specific 1 or more factors used in making the determination
that the project is complex.''.
(b) Cost Sharing.--Section 105(a)(1)(A) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)(1)(A))
is amended--
(1) by striking the subparagraph designation and heading
and all that follows through ``The Secretary'' and inserting
the following:
``(A) Requirement.--
``(i) In general.--Except as provided in clause (ii), the
Secretary''; and
(2) by adding at the end the following:
``(ii) Exception.--For the purpose of meeting or otherwise
communicating with prospective non-Federal sponsors to
identify the scope of a potential water resources project
feasibility study, identifying the Federal interest,
developing the cost sharing agreement, and developing the
project management plan, the first $100,000 of the
feasibility study shall be a Federal expense.''.
(c) Non-Federal Share.--Section 729(f)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2267a(f)(1)) is
amended by inserting before the period at the end ``, except
that the first $100,000 of the assessment shall be a Federal
expense''.
SEC. 1037. SHORE DAMAGE PREVENTION OR MITIGATION.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i) is amended--
(1) in subsection (b), by striking ``measures'' and all
that follows through ``project'' and inserting ``measures,
including a study, shall be cost-shared in the same
proportion as the cost-sharing provisions applicable to
construction of the project''; and
(2) by adding at the end the following:
``(e) Reimbursement for Feasibility Studies.--Beginning on
the date of enactment of this subsection, in any case in
which
[[Page S5750]]
the Secretary implements a project under this section, the
Secretary shall reimburse or credit the non-Federal interest
for any amounts contributed for the study evaluating the
damage in excess of the non-Federal share of the costs, as
determined under subsection (b).''.
SEC. 1038. ENHANCING LAKE RECREATION OPPORTUNITIES.
Section 3134 of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1142) is amended by striking
subsection (e).
SEC. 1039. COST ESTIMATES.
Section 2008 of the Water Resources Development Act of 2007
(33 U.S.C. 2340) is amended by striking subsection (c).
SEC. 1040. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000
(33 U.S.C. 2269) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``the Secretary'' and all that follows
through ``projects'' and inserting ``the Secretary may carry
out water-related planning activities, or activities relating
to the study, design, and construction of water resources
development projects or projects for the preservation of
cultural and natural resources,'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``(2) Matters to be studied.--A study'' and
inserting the following:
``(2) Authorized activities.--Any activity''; and
(C) by adding at the end the following:
``(3) Feasibility study and reports.--
``(A) In general.--On the request of an Indian tribe, the
Secretary shall conduct a study, and provide to the Indian
tribe a report describing the feasibility of a water
resources development project or project for the preservation
of cultural and natural resources described in paragraph (1).
``(B) Recommendation.--A report under subparagraph (A) may,
but shall not be required to, contain a recommendation on a
specific water resources development project.
``(C) Funding.--The first $100,000 of a study under this
paragraph shall be at full Federal expense.
``(4) Design and construction.--
``(A) In general.--The Secretary may carry out the design
and construction of a water resources development project or
project for the preservation of cultural and natural
resources described in paragraph (1) that the Secretary
determines is feasible if the Federal share of the cost of
the project is not more than $10,000,000.
``(B) Specific authorization.--If the Federal share of the
cost of a project described in subparagraph (A) is more than
$10,000,000, the Secretary may only carry out the project if
Congress enacts a law authorizing the Secretary to carry out
the project.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``studies'' and inserting
``any activity''; and
(B) in paragraph (2)(B), by striking ``carrying out
projects studied'' and inserting ``any activity conducted'';
(3) in subsection (d)--
(A) in paragraph (1)(A), by striking ``a study'' and
inserting ``any activity conducted''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Credit.--The Secretary may credit toward the non-
Federal share of the costs of any activity conducted under
subsection (b) the cost of services, studies, supplies, or
other in-kind contributions provided by the non-Federal
interest.
``(3) Sovereign immunity.--The Secretary shall not require
an Indian tribe to waive the sovereign immunity of the Indian
tribe as a condition to entering into a cost-sharing
agreement under this subsection.
``(4) Water resources development projects.--
``(A) In general.--The non-Federal share of costs for the
study of a water resources development project described in
subsection (b)(1) shall be 50 percent.
``(B) Other costs.--The non-Federal share of costs of
design and construction of a project described in
subparagraph (A) shall be assigned to the appropriate project
purposes described in sections 101 and 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211, 2213) and
shared in the same percentages as the purposes to which the
costs are assigned.
``(5) Projects for the preservation of cultural and natural
resources.--
``(A) In general.--The non-Federal share of costs for the
study of a project for the preservation of cultural and
natural resources described in subsection (b)(1) shall be 50
percent.
``(B) Other costs.--The non-Federal share of costs of
design and construction of a project described in
subparagraph (A) shall be 65 percent.
``(6) Water-related planning activities.--
``(A) In general.--The non-Federal share of costs of a
watershed and river basin assessment shall be 25 percent.
``(B) Other costs.--The non-Federal share of costs of other
water-related planning activities described in subsection
(b)(1) shall be 65 percent.''; and
(4) by striking subsection (e).
SEC. 1041. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986
(33 U.S.C. 2310) is amended--
(1) in the section heading, by striking ``territories'' and
inserting ``territories and indian tribes''; and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall waive local cost-
sharing requirements up to $200,000 for all studies,
projects, and assistance under section 22(a) of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16(a))--
``(1) in American Samoa, Guam, the Northern Mariana
Islands, the Virgin Islands, Puerto Rico, and the Trust
Territory of the Pacific Islands; and
``(2) for any Indian tribe (as defined in section 102 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130)).''.
SEC. 1042. LOCAL GOVERNMENT WATER MANAGEMENT PLANS.
The Secretary, with the consent of the non-Federal sponsor
of a feasibility study for a water resources development
project, may enter into a feasibility study cost-sharing
agreement under section 221(a) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)), to allow a unit of local
government in a watershed that has adopted a local or
regional water management plan to participate in the
feasibility study to determine if there is an opportunity to
include additional feasible elements in the project being
studied to help achieve the purposes identified in the local
or regional water management plan.
SEC. 1043. CREDIT IN LIEU OF REIMBURSEMENT.
Section 1022 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2225) is amended--
(1) in subsection (a), by striking ``that has been
constructed by a non-Federal interest under section 211 of
the Water Resources Development Act of 1996 (33 U.S.C. 701b-
13) before the date of enactment of this Act'' and inserting
``for which a written agreement with the Corps of Engineers
for construction was finalized on or before December 31,
2014, under section 211 of the Water Resources Development
Act of 1996 (33 U.S.C. 701b-13) (as it existed before the
repeal made by section 1014(c)(3))''; and
(2) in subsection (b), by striking ``share of the cost of
the non-Federal interest of carrying out other flood damage
reduction projects or studies'' and inserting ``non-Federal
share of the cost of carrying out other water resources
development projects or studies of the non-Federal
interest''.
SEC. 1044. RETROACTIVE CHANGES TO COST-SHARING AGREEMENTS.
Study costs incurred before the date of execution of a
feasibility cost-sharing agreement for a project to be
carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330) shall be Federal
costs, if--
(1) the study was initiated before October 1, 2006; and
(2) the feasibility cost-sharing agreement was not executed
before January 1, 2014.
SEC. 1045. EASEMENTS FOR ELECTRIC, TELEPHONE, OR BROADBAND
SERVICE FACILITIES ELIGIBLE FOR FINANCING UNDER
THE RURAL ELECTRIFICATION ACT OF 1936.
(a) Definition of Water Resources Development Project.--In
this section, the term ``water resources development
project'' means a project under the administrative
jurisdiction of the Corps of Engineers that is subject to
part 327 of title 36, Code of Federal Regulations (or
successor regulations).
(b) No Consideration for Easements.--The Secretary may not
collect consideration for an easement across water resources
development project land for the electric, telephone, or
broadband service facilities of nonprofit organizations
eligible for financing under the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.).
(c) Administrative Expenses.--Nothing in this section
affects the authority of the Secretary under section 2695 of
title 10, United States Code, or under section 9701 of title
31, United State Code, to collect funds to cover reasonable
administrative expenses incurred by the Secretary.
SEC. 1046. STUDY ON THE PERFORMANCE OF INNOVATIVE MATERIALS.
(a) Definition of Innovative Material.--In this section,
the term ``innovative material'', with respect to a water
resources development project, includes high performance
concrete formulations, geosynthetic materials, advanced
alloys and metals, reinforced polymer composites, and any
other material, as determined by the Secretary.
(b) Study.--
(1) In general.--The Secretary shall offer to enter into a
contract with the Transportation Research Board of the
National Academy of Sciences--
(A) to develop a proposal to study the use and performance
of innovative materials in water resources development
projects carried out by the Corps of Engineers; and
(B) after the opportunity for public comment provided in
accordance with subsection (c), to carry out the study
proposed under subparagraph (A).
(2) Contents.--The study under paragraph (1) shall
identify--
(A) the conditions that result in degradation of water
resources infrastructure;
(B) the capabilities of the innovative materials in
reducing degradation;
(C) barriers to the expanded successful use of innovative
materials;
[[Page S5751]]
(D) recommendations on including performance-based
requirements for the incorporation of innovative materials
into the Unified Facilities Guide Specifications;
(E) recommendations on how greater use of innovative
materials could increase performance of an asset of the Corps
of Engineers in relation to extended service life;
(F) additional ways in which greater use of innovative
materials could empower the Corps of Engineers to accomplish
the goals of the Strategic Plan for Civil Works of the Corps
of Engineers; and
(G) recommendations on any further research needed to
improve the capabilities of innovative materials in achieving
extended service life and reduced maintenance costs in water
resources development infrastructure.
(c) Public Comment.--After developing the study proposal
under subsection (b)(1)(A) and before carrying out the study
under subsection (b)(1)(B), the Secretary shall provide an
opportunity for public comment on the study proposal.
(d) Consultation.--In carrying out the study under
subsection (b)(1), the Secretary, at a minimum, shall consult
with relevant experts on engineering, environmental, and
industry considerations.
(e) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the study
required under subsection (b)(1).
SEC. 1047. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) In General.--Section 6001(c) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 579b(c)) is
amended by adding at the end the following:
``(5) Definition of construction.--In this subsection, the
term `construction' includes the obligation or expenditure of
non-Federal funds for construction of elements integral to
the authorized project, whether or not the activity takes
place pursuant to any agreement with, expenditure by, or
obligation from the Secretary.''.
(b) Notices of Correction.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall
publish in the Federal Register a notice of correction
removing from the lists under subsections (c) and (d) of
section 6001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 579b) any project that was listed even
though construction (as defined in subsection (c)(5) of that
section) took place.
SEC. 1048. REVIEW OF RESERVOIR OPERATIONS.
(a) Definitions.--In this section:
(1) Reserved works.--The term ``reserved works'' means any
Bureau of Reclamation project facility at which the Secretary
of the Interior carries out the operation and maintenance of
the project facility.
(2) Transferred works.--The term ``transferred works''
means a Bureau of Reclamation project facility, the operation
and maintenance of which is carried out by a non-Federal
entity under the provisions of a formal operation and
maintenance transfer contract.
(3) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and
maintenance of transferred works.
(b) Applicability.--
(1) In general.--This section applies to reservoirs that
are subject to regulation by the Secretary under section 7 of
the Act of December 22, 1944 (33 U.S.C. 709) located in a
State in which a Bureau of Reclamation project is located.
(2) Exclusions.--This section shall not apply to--
(A) any project authorized by the Boulder Canyon Project
Act (43 U.S.C. 617 et seq.);
(B) the initial units of the Colorado River Storage
Project, as authorized by the first section of the Act of
April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620);
(C) any dam or reservoir operated by the Bureau of
Reclamation as reserved works, unless all non-Federal project
sponsors of the reserved works jointly provide to the
Secretary a written request for application of this section
to the project;
(D) any dam or reservoir owned and operated by the Corps of
Engineers; or
(E) any Bureau of Reclamation transferred works, unless the
transferred works operating entity provides to the Secretary
a written request for application of this section to the
project.
(c) Review.--
(1) In general.--In accordance with the authorities of the
Secretary in effect on the day before the date of enactment
of this Act, at the reservoirs described in paragraph (2),
the Secretary may--
(A) review any flood control rule curves developed by the
Secretary; and
(B) determine, based on the best available science
(including improved weather forecasts and forecast-informed
operations, new watershed data, or structural improvements)
whether an update to the flood control rule curves and
associated changes to the water operations manuals is
appropriate.
(2) Description of reservoirs.--The reservoirs referred to
in paragraph (1) are reservoirs--
(A)(i) located in areas with prolonged drought conditions;
or
(ii) for which no review has occurred during the 10-year
period preceding the date of enactment of this Act; and
(B) for which individuals or entities, including the
individuals or entities responsible for operations and
maintenance costs or that have storage entitlements or
contracts at a reservoir, a unit of local government, the
owner of a non-Federal project, or the non-Federal
transferred works operating entity, as applicable, have
submitted to the Secretary a written request to carry out the
review described in paragraph (1).
(3) Required consultation.--In carrying out a review under
paragraph (1) and prior to updating any flood control rule
curves and manuals under subsection (e), the Secretary shall
comply with all applicable public participation and agency
review requirements, including consultation with--
(A) affected States, Indian tribes, and other Federal and
State agencies with jurisdiction over a portion of or all of
the project or the operations of the project;
(B) the applicable power marketing administration, in the
case of reservoirs with Federal hydropower projects;
(C) any non-Federal entity responsible for operation and
maintenance costs;
(D) any entity that has a contractual right to withdraw
water from, or use storage at, the project;
(E) any entity that the State determines holds rights under
State law to the use of water from the project; and
(F) any unit of local government with flood risk reduction
responsibilities downstream of the project.
(d) Agreement.--Before carrying out an activity under this
section, the Secretary shall enter into a cooperative
agreement, memorandum of understanding, or other agreement
with an affected State, any owner or operator of the
reservoir, and, on request, any non-Federal entities
responsible for operation and maintenance costs at the
reservoir, that describes the scope and goals of the activity
and the coordination among the parties.
(e) Updates.--If the Secretary determines under subsection
(c) that an update to a flood control rule curve and
associated changes to a water operations manual is
appropriate, the Secretary may update the flood control rule
curve and manual in accordance with the authorities in effect
on the day before the date of enactment of this Act.
(f) Funding.--
(1) In general.--Subject to subsection (d), the Secretary
may accept and expend amounts from the entities described in
paragraph (2) to fund all or part of the cost of carrying out
a review under subsection (c) or an update under subsection
(e), including any associated environmental documentation.
(2) Description of entities.--The entities referred to in
paragraph (1) are--
(A) non-Federal entities responsible for operations and
maintenance costs at the affected reservoir;
(B) individuals and non-Federal entities with storage
entitlements at the affected reservoir;
(C) a Federal power marketing agency that markets power
produced by the affected reservoir;
(D) units of local government;
(E) public or private entities holding contracts with the
Federal Government for water storage or water supply at the
affected reservoir; and
(F) a nonprofit entity, with the consent of the affected
unit of local government.
(3) In-kind contributions.--The Secretary may--
(A) accept and use materials and services contributed by an
entity described in paragraph (2) under this subsection; and
(B) credit the value of the contributed materials and
services toward the cost of carrying out a review or revision
of operational documents under this section.
(g) Protection of Existing Rights.--The Secretary shall not
issue an updated flood control rule curve or operations
manual under subsection (e) that--
(1) interferes with an authorized purpose of the project or
the existing purposes of a non-Federal project regulated for
flood control by the Secretary;
(2) reduces the ability to meet contractual rights to water
or storage at the reservoir;
(3) adversely impacts legal rights to water under State
law;
(4) fails to address appropriate credit for the appropriate
power marketing agency, if applicable; or
(5) if a project is subject to section 301(e) of the Water
Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications
to the project that do not meet the requirements of that
section, unless the modification is submitted to and
authorized by Congress.
(h) Effect of Section.--Nothing in this section--
(1) authorizes the Secretary to take any action not
otherwise authorized as of the date of enactment of this Act;
(2) affects or modifies any obligation of the Secretary
under Federal or State law; or
(3) affects or modifies any other authority of the
Secretary to review or modify reservoir operations.
SEC. 1049. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES
PROJECTS.
Section 221(a)(3) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(a)(3)) is amended by striking ``State
legislature, the agreement may reflect'' and inserting
``State legislature, on the request of the State, body
politic, or entity, the agreement shall reflect''.
SEC. 1050. MAXIMUM COST OF PROJECTS.
Section 902 of the Water Resources Development of 1986 (33
U.S.C. 2280) is amended--
[[Page S5752]]
(1) in subsection (a)(2)(A), by striking ``indexes'' and
inserting ``indexes, including actual appreciation in
relevant real estate markets''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding subsection (a), in
accordance with section 5 of the Act of June 22, 1936 (33
U.S.C. 701h)'' and inserting the following:
``(1) In general.--Notwithstanding subsection (a)'';
(B) in paragraph (1) (as so designated)--
(i) by striking ``funds'' the first place it appears and
inserting ``funds, in-kind contributions, and land,
easements, and right-of-way, relocations, and dredged
material disposal areas''; and
(ii) by striking ``such funds'' each place it appears and
inserting ``the contributions''; and
(C) by adding at the end the following:
``(2) Limitation.--Funds, in-kind contributions, and land,
easements, and right-of-way, relocations, and dredged
material disposal areas provided under this subsection are
not eligible for credit or repayment and shall not be
included in calculating the total cost of the project.''.
SEC. 1051. CONVERSION OF SURPLUS WATER AGREEMENTS.
Section 6 of the Act of December 22, 1944 (33 U.S.C. 708),
is amended--
(1) by striking ``sec. 6. That the Secretary'' and
inserting the following:
``SEC. 6. SALE OF SURPLUS WATERS FOR DOMESTIC AND INDUSTRIAL
USES.
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Continuation of Certain Water Supply Agreements.--In
any case in which a water supply agreement was predicated on
water that was surplus to a purpose and provided for
contingent permanent storage rights under section 301 of the
Water Supply Act of 1958 (43 U.S.C. 390b) pending the need
for storage for that purpose, and that purpose is no longer
authorized, the Secretary of the Army shall continue the
agreement with the same payment and all other terms as in
effect prior to deauthorization of the purpose if the non-
Federal entity has met all of the conditions of the
agreement.
``(c) Permanent Storage Agreements.--In any case in which a
water supply agreement with a duration of 30 years or longer
was predicated on water that was surplus to a purpose and
provided for the complete payment of the actual investment
costs of storage to be used, and that purpose is no longer
authorized, the Secretary of the Army shall provide to the
non-Federal entity an opportunity to convert the agreement to
a permanent storage agreement in accordance with section 301
of the Water Supply Act of 1958 (43 U.S.C. 390b), with the
same payment terms incorporated in the agreement.''.
SEC. 1052. AUTHORIZED FUNDING FOR INTERAGENCY AND
INTERNATIONAL SUPPORT.
Section 234(d)(1) of the Water Resources Development Act of
1996 (33 U.S.C. 2323a(d)(1)) is amended by striking
``$1,000,000'' and inserting ``$5,000,000''.
SEC. 1053. SURPLUS WATER STORAGE.
(a) In General.--The Secretary shall not charge a fee for
surplus water under a contract entered into pursuant to
section 6 of the Act of December 22, 1944 (33 U.S.C. 708)
(commonly known as the ``Flood Control Act of 1944'') if the
contract is for surplus water stored in the Lake Cumberland
Watershed, Kentucky and Tennessee.
(b) Termination.--The limitation under subsection (a) shall
expire on the date that is 2 years after the date of
enactment of this Act.
(c) Applicability.--Nothing in this section--
(1) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions;
(2) affects the application of section 6 of the Act of
December 22, 1944 (33 U.S.C. 708) (commonly known as the
``Flood Control Act of 1944'') or the Water Supply Act of
1958 (43 U.S.C. 390b) to surplus water stored outside of the
Lake Cumberland Watershed, Kentucky and Tennessee; or
(3) affects the authority of the Secretary to accept funds
under section 216(c) of the Water Resources Development Act
of 1996 (33 U.S.C. 2321a).
SEC. 1054. GAO REVIEW AND REPORT.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a review, and submit to Congress a report on the
implementation and effectiveness of the projects carried out
under section 219 of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4835).
TITLE II--NAVIGATION
SEC. 2001. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST
FUND.
Beginning on June 10, 2014, and ending on the date that is
15 years after the date of enactment of this Act, section
1001(b)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 579a(b)(2)) shall not apply to any project authorized
to receive funding from the Inland Waterways Trust Fund
established by section 9506(a) of the Internal Revenue Code
of 1986.
SEC. 2002. OPERATION AND MAINTENANCE OF FUEL-TAXED INLAND
WATERWAYS.
Section 102(c) of the Water Resources Development Act of
1986 (33 U.S.C. 2212(c)) is amended by adding at the end the
following:
``(3) Credit or reimbursement.--The Federal share of
operation and maintenance carried out by a non-Federal
interest under this subsection after the date of enactment of
the Water Resources Reform and Development Act of 2014 shall
be eligible for reimbursement or for credit toward--
``(A) the non-Federal share of future operation and
maintenance under this subsection; or
``(B) any measure carried out by the Secretary under
section 3017(a) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 3303a note; Public Law 113-121).''.
SEC. 2003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.
Section 2101 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2238b) is amended--
(1) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``The target total'' and
inserting ``Except as provided in subsection (c), the target
total'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Exception.--If the target total budget resources for
a fiscal year described in subparagraphs (A) through (J) of
subsection (b)(1) is lower than the target total budget
resources for the previous fiscal year, then the target total
budget resources shall be adjusted to be equal to the lesser
of--
``(1) 103 percent of the total budget resources
appropriated for the previous fiscal year; or
``(2) 100 percent of the total amount of harbor maintenance
taxes received in the previous fiscal year.''.
SEC. 2004. DREDGED MATERIAL DISPOSAL.
Disposal of dredged material shall not be considered
environmentally acceptable for the purposes of identifying
the Federal standard (as defined in section 335.7 of title
33, Code of Federal Regulations (or successor regulations))
if the disposal violates applicable State water quality
standards approved by the Administrator of the Environmental
Protection Agency under section 303 of the Federal Water
Pollution Control Act (33 U.S.C. 1313).
SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, MAINE.
(a) Deadline.--The Cape Arundel Disposal Site selected by
the Department of the Army as an alternative dredged material
disposal site under section 103(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) and
reopened pursuant to section 113 of the Energy and Water
Development and Related Agencies Appropriations Act, 2014
(Public Law 113-76; 128 Stat. 158) (referred to in this
section as the ``Site'') may remain open until the earlier
of--
(1) the date on which the Site does not have any remaining
disposal capacity;
(2) the date on which an environmental impact statement
designating an alternative dredged material disposal site for
southern Maine has been completed; or
(3) the date that is 5 years after the date of enactment of
this Act.
(b) Limitations.--The use of the Site as a dredged material
disposal site under subsection (a) shall be subject to the
conditions that--
(1) conditions at the Site remain suitable for the
continued use of the Site as a dredged material disposal
site; and
(2) the Site not be used for the disposal of more than
80,000 cubic yards from any single dredging project.
SEC. 2006. MAINTENANCE OF HARBORS OF REFUGE.
The Secretary is authorized to maintain federally
authorized harbors of refuge to restore and maintain the
authorized dimensions of the harbors.
SEC. 2007. AIDS TO NAVIGATION.
(a) In General.--The Secretary shall--
(1) consult with the Commandant of the Coast Guard
regarding navigation on the Ouachita-Black Rivers; and
(2) share information regarding the assistance that the
Secretary can provide regarding the placement of any aids to
navigation on the rivers referred to in paragraph (1).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the outcome of the
consultation under subsection (a).
SEC. 2008. BENEFICIAL USE OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326) is amended by adding at the end the
following:
(1) in subsection (a)(1)--
(A) by striking ``For sediment'' and inserting the
following:
``(A) In general.--For sediment''; and
(B) by adding at the end the following:
``(B) Sediment from other federal sources and non-federal
sources.--For purposes of projects carried out under this
section, the Secretary may include sediment from other
Federal sources and non-Federal sources, subject to the
requirement that any sediment obtained from a non-Federal
source shall not be obtained at Federal expense.''; and
(2) in subsection (d), by adding at the end the following:
``(3) Special rule.--Disposal of dredged material under
this subsection may include a single or periodic application
of sediment for beneficial use and shall not require
operation and maintenance.
[[Page S5753]]
``(4) Disposal at non-federal cost.--The Secretary may
accept funds from a non-Federal interest to dispose of
dredged material as provided under section 103(d)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2213(d)(1)).''.
SEC. 2009. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.
Section 210(c)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(c)(3)) is amended by striking ``for each
of fiscal years 2015 through 2022'' and inserting ``for each
fiscal year''.
SEC. 2010. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY
TRANSFER PORTS.
Section 2106 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2238c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Discretionary cargo.--The term `discretionary cargo'
means maritime cargo that is destined for inland locations
and that can be economically shipped through multiple
seaports located in different countries or regions.'';
(C) in paragraph (3) (as redesignated)--
(i) by redesignating subparagraphs (A) through (D) as
clause (i) through (iv), respectively, and indenting
appropriately;
(ii) in the matter preceding clause (i) (as redesignated),
by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(iii) by adding at the end the following:
``(B) Calculation.--For the purpose of calculating the
percentage described in subparagraph (A)(iii), payments
described under subsection (c)(1) shall not be included.'';
(D) in paragraph (5)(A) (as redesignated), by striking
``Code of Federal Regulation'' and inserting ``Code of
Federal Regulations''; and
(E) by adding at the end the following:
``(8) Medium-sized donor port.--The term `medium-sized
donor port' means a port--
``(A) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulations (or a
successor regulation);
``(B) at which the total amount of harbor maintenance taxes
collected comprise annually more than $5,000,000 but less
than $15,000,000 of the total funding of the Harbor
Maintenance Trust Fund established under section 9505 of the
Internal Revenue Code of 1986;
``(C) that received less than 25 percent of the total
amount of harbor maintenance taxes collected at that port in
the previous 5 fiscal years; and
``(D) that is located in a State in which more than
2,000,000 cargo containers were unloaded from or loaded onto
vessels in fiscal year 2012.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``donor ports'' and
inserting ``donor ports, medium-sized donor ports,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' at the end;
and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) shall be made available to a port as either a donor
port, medium-sized donor port, or an energy transfer port,
and no port may receive amounts from more than 1 designation;
and
``(C) for donor ports and medium-sized donor ports--
``(i) 50 percent of the funds shall be equally divided
between the eligible donor ports as authorized by this
section; and
``(ii) 50 percent of the funds shall be divided between the
eligible donor ports and eligible medium-sized donor ports
based on the percentage of the total Harbor Maintenance Tax
revenues generated at each eligible donor port and medium-
sized donor port.'';
(3) in subsection (c), in the matter preceding paragraph
(1), by striking ``donor port'' and inserting ``donor port, a
medium-sized donor port,'';
(4) by striking subsection (d) and inserting the following:
``(d) Administration of Payments.--
``(1) In general.--If a donor port, a medium-sized donor
port, or an energy transfer port elects to provide payments
to importers or shippers under subsection (c), the Secretary
shall transfer to the Commissioner of Customs and Border
Protection the amount that would otherwise be provided to the
port under this section that is equal to those payments to
provide the payments to the importers or shippers of the
discretionary cargo that is--
``(A) shipped through respective eligible ports; and
``(B) most at risk of diversion to seaports outside of the
United States.
``(2) Requirement.--The Secretary, in consultation with the
eligible port, shall limit payments to top importers or
shippers through an eligible port, as ranked by value of
discretionary cargo.''; and
(5) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--If the total amounts made available from
the Harbor Maintenance Trust Fund exceed the total amounts
made available from the Harbor Maintenance Trust Fund in
fiscal year 2012, there is authorized to be appropriated to
carry out this section $50,000,000 from the Harbor
Maintenance Trust Fund.'';
(B) by striking paragraph (2) and inserting the following:
``(2) Division between donor ports, medium-sized donor
ports, and energy transfer ports.--For each fiscal year,
amounts made available to carry out this section shall be
provided in equal amounts to--
``(A) donor ports and medium-sized donor ports; and
``(B) energy transfer ports.''; and
(C) by striking paragraph (3).
SEC. 2011. HARBOR DEEPENING.
(a) In General.--Section 101(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``the date of enactment of this Act'' and inserting ``the
date of enactment of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat.
1193)'';
(2) in subparagraph (B), by striking ``45 feet'' and
inserting ``50 feet''; and
(3) in subparagraph (C), by striking ``45 feet'' and
inserting ``50 feet''.
(b) Definition of Deep-draft Harbor.--Section 214(1) of the
Water Resources Development Act of 1986 (33 U.S.C. 2241(1))
is amended by striking ``45 feet'' and inserting ``50 feet''.
SEC. 2012. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI
RIVER PORTS.
(a) Definitions.--In this section:
(1) Inland mississippi river.--The term ``inland
Mississippi River'' means the portion of the Mississippi
River that begins at the confluence of the Minnesota River
and ends at the confluence of the Red River.
(2) Shallow draft.--The term ``shallow draft'' means a
project that has a depth of less than 14 feet.
(b) Dredging Activities.--The Secretary shall carry out
dredging activities on shallow draft ports located on the
inland Mississippi River to the respective authorized widths
and depths of those inland ports, as authorized on the date
of enactment of this Act.
(c) Authorization of Appropriations.--For each fiscal year,
there is authorized to be appropriated to the Secretary to
carry out this section $25,000,000.
SEC. 2013. IMPLEMENTATION GUIDANCE.
Section 2102 of the Water Resources Reform and Development
Act of 2014 (Public Law 113-121; 128 Stat. 1273) is amended
by adding at the end the following:
``(d) Guidance.--Not later than 90 days after the date of
enactment of the Water Resources Development Act of 2016 the
Secretary shall publish on the website of the Corps of
Engineers guidance on the implementation of this section and
the amendments made by this section.''.
SEC. 2014. REMOTE AND SUBSISTENCE HARBORS.
Section 2006 of the Water Resources Development Act of 2007
(33 U.S.C. 2242) is amended--
(1) in subsection (a)(3), by inserting ``in which the
project is located or of a community that is located in the
region that is served by the project and that will rely on
the project'' after ``community''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or of a community that
is located in the region to be served by the project and that
will rely on the project'' after ``community'';
(B) in paragraph (4), by striking ``local population'' and
inserting ``regional population to be served by the
project''; and
(C) in paragraph (5), by striking ``community'' and
inserting ``local community or to a community that is located
in the region to be served by the project and that will rely
on the project''.
SEC. 2015. NON-FEDERAL INTEREST DREDGING AUTHORITY.
(a) In General.--The Secretary may permit a non-Federal
interest to carry out, for an authorized navigation project
(or a separable element of an authorized navigation project),
such maintenance activities as are necessary to ensure that
the project is maintained to not less than the minimum
project dimensions.
(b) Cost Limitations.--Except as provided in this section
and subject to the availability of appropriations, the costs
incurred by a non-Federal interest in performing the
maintenance activities described in subsection (a) shall be
eligible for reimbursement, not to exceed an amount that is
equal to the estimated Federal cost for the performance of
the maintenance activities.
(c) Agreement.--Before initiating maintenance activities
under this section, the non-Federal interest shall enter into
an agreement with the Secretary that specifies, for the
performance of the maintenance activities, the terms and
conditions that are acceptable to the non-Federal interest
and the Secretary.
(d) Provision of Equipment.--In carrying out maintenance
activities under this section, a non-Federal interest shall--
(1) provide equipment at no cost to the Federal Government;
and
(2) hold and save the United States free from any and all
damage that arises from the use of the equipment of the non-
Federal interest, except for damage due to the fault or
negligence of a contractor of the Federal Government.
(e) Reimbursement Eligibility Limitations.--Costs that are
eligible for reimbursement under this section are those costs
directly related to the costs associated with
[[Page S5754]]
operation and maintenance of the dredge based on the lesser
of the period of time for which--
(1) the dredge is being used in the performance of work for
the Federal Government during a given fiscal year; and
(2) the actual fiscal year Federal appropriations
identified for that portion of maintenance dredging that are
made available.
(f) Audit.--Not earlier than 5 years after the date of
enactment of this Act, the Secretary may conduct an audit on
any maintenance activities for an authorized navigation
project (or a separable element of an authorized navigation
project) carried out under this section to determine if
permitting a non-Federal interest to carry out maintenance
activities under this section has resulted in--
(1) improved reliability and safety for navigation; and
(2) cost savings to the Federal Government.
(g) Termination of Authority.--The authority of the
Secretary under this section terminates on the date that is
10 years after the date of enactment of this Act.
SEC. 2016. TRANSPORTATION COST SAVINGS.
Section 210(e)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(e)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Additional requirement.--For the first report
following the date of enactment of the Water Resources
Development Act of 2016, in the report submitted under
subparagraph (A), the Secretary shall identify, to the
maximum extent practicable, transportation cost savings
realized by achieving and maintaining the constructed width
and depth for the harbors and inland harbors referred to in
subsection (a)(2), on a project-by-project basis.''.
SEC. 2017. DREDGED MATERIAL.
(a) In General.--Notwithstanding part 335 of title 33, Code
of Federal Regulations, the Secretary may place dredged
material from the operation and maintenance of an authorized
Federal water resources project at another authorized water
resource project if the Secretary determines that--
(1) the placement of the dredged material would--
(A)(i) enhance protection from flooding caused by storm
surges or sea level rise; or
(ii) significantly contribute to shoreline resiliency,
including the resilience and restoration of wetland; and
(B) be in the public interest; and
(2) the cost associated with the placement of the dredged
material is reasonable in relation to the associated
environmental, flood protection, and resiliency benefits.
(b) Additional Costs.--If the cost of placing the dredged
material at another authorized water resource project exceeds
the cost of depositing the dredged material in accordance
with the Federal standard (as defined in section 335.7 of
title 33, Code of Federal Regulations (as in effect on the
date of enactment of this Act)), the Secretary shall not
require a non-Federal entity to bear any of the increased
costs associated with the placement of the dredged material.
SEC. 2018. GREAT LAKES NAVIGATION SYSTEM.
Section 210(d)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(d)(1)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``For each of fiscal years 2015 through
2024'' and inserting ``For each fiscal year''; and
(2) in subparagraph (B), in the matter preceding clause
(i), by striking ``For each of fiscal years 2015 through
2024'' and inserting ``For each fiscal year''.
SEC. 2019. HARBOR MAINTENANCE TRUST FUND.
The Secretary shall allocate funding made available to the
Secretary from the Harbor Maintenance Trust Fund, established
under section 9505 of the Internal Revenue Code of 1986, in
accordance with section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238).
TITLE III--SAFETY IMPROVEMENTS
SEC. 3001. REHABILITATION ASSISTANCE FOR NON-FEDERAL FLOOD
CONTROL PROJECTS.
(a) In General.--Section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Definition of nonstructural alternatives.--In this
subsection, `nonstructural alternatives' includes efforts to
restore or protect natural resources including streams,
rivers, floodplains, wetlands, or coasts, if those efforts
will reduce flood risk.''; and
(2) by adding at the end the following:
``(d) Increased Level of Protection.--In conducting repair
or restoration work under subsection (a), at the request of
the non-Federal sponsor, the Secretary may increase the level
of protection above the level to which the system was
designed, or, if the repair and rehabilitation includes
repair or rehabilitation of a pumping station, will increase
the capacity of a pump, if--
``(1) the Chief of Engineers determines the improvements
are in the public interest, including consideration of
whether--
``(A) the authority under this section has been used more
than once at the same location;
``(B) there is an opportunity to decrease significantly the
risk of loss of life and property damage; or
``(C) there is an opportunity to decrease total life cycle
rehabilitation costs for the project; and
``(2) the non-Federal sponsor agrees to pay the difference
between the cost of repair, restoration, or rehabilitation to
the original design level or original capacity and the cost
of achieving the higher level of protection or capacity
sought by the non-Federal sponsor.
``(e) Notice.--The Secretary shall notify the non-Federal
sponsor of the opportunity to request implementation of
nonstructural alternatives to the repair or restoration of
the flood control work under subsection (a).''.
(b) Projects in Coordination With Certain Rehabilitation
Requirements.--
(1) In general.--In any case in which the Secretary has
completed a study determining a project for flood damage
reduction is feasible and such project is designed to protect
the same geographic area as work to be performed under
section 5(c) of the Act of August 18, 1941 (33 U.S.C.
701n(c)), the Secretary may, if the Secretary determines that
the action is in the public interest, carry out such project
with the work being performed under section 5(c) of that Act,
subject to the limitations in paragraph (2).
(2) Cost-sharing.--The cost to carry out a project under
paragraph (1) shall be shared in accordance with section 103
of the Water Resources Development Act of 1986 (33 U.S.C.
2213).
SEC. 3002. REHABILITATION OF EXISTING LEVEES.
Section 3017 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 3303a note; Public Law 113-121) is
amended--
(1) in subsection (a), by striking ``if the Secretary
determines the necessary work is technically feasible,
environmentally acceptable, and economically justified'';
(2) in subsection (b)--
(A) by striking ``This section'' and inserting the
following:
``(1) In general.--This section''; and
(B) by adding at the end the following:
``(2) Requirement.--A measure carried out under subsection
(a) shall be implemented in the same manner as the repair or
restoration of a flood control work pursuant to section 5 of
the Act of August 18, 1941 (33 U.S.C. 701n).'';
(3) in subsection (c)(1), by striking ``The non-Federal''
and inserting ``Notwithstanding subsection (b)(2), the non-
Federal''; and
(4) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$125,000,000.''.
SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD CONTROL PROJECTS.
In any case in which the Secretary has assumed, as of the
date of enactment of this Act, responsibility for the
maintenance of a project classified as class III under the
Dam Safety Action Classification of the Corps of Engineers,
the Secretary shall continue to be responsible for the
maintenance until the earlier of the date that--
(1) the project is modified to reduce that risk and the
Secretary determines that the project is no longer classified
as class III under the Dam Safety Action Classification of
the Corps of Engineers; or
(2) is 15 years after the date of enactment of this Act.
SEC. 3004. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.
(a) Definitions.--Section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (11), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Eligible high hazard potential dam.--
``(A) In general.--The term `eligible high hazard potential
dam' means a non-Federal dam that--
``(i) is located in a State with a State dam safety
program;
``(ii) is classified as `high hazard potential' by the
State dam safety agency in the State in which the dam is
located;
``(iii) has an emergency action plan approved by the
relevant State dam safety agency; and
``(iv) the State in which the dam is located determines--
``(I) fails to meet minimum dam safety standards of the
State; and
``(II) poses an unacceptable risk to the public.
``(B) Exclusion.--The term `eligible high hazard potential
dam' does not include--
``(i) a licensed hydroelectric dam; or
``(ii) a dam built under the authority of the Secretary of
Agriculture.'';
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1)) the following:
``(10) Non-federal sponsor.--The term `non-Federal
sponsor', in the case of a project receiving assistance under
section 8A, includes--
``(A) a governmental organization; and
``(B) a nonprofit organization.'' and
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and
security standards.''.
(b) Program for Rehabilitation of High Hazard Potential
Dams.--The National
[[Page S5755]]
Dam Safety Program Act is amended by inserting after section
8 (33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.
``(a) Establishment of Program.--The Administrator shall
establish, within FEMA, a program to provide technical,
planning, design, and construction assistance in the form of
grants to non-Federal sponsors for rehabilitation of eligible
high hazard potential dams.
``(b) Eligible Activities.--A grant awarded under this
section for a project may be used for--
``(1) repair;
``(2) removal; or
``(3) any other structural or nonstructural measures to
rehabilitate a high hazard potential dam.
``(c) Award of Grants.--
``(1) Application.--
``(A) In general.--A non-Federal sponsor interested in
receiving a grant under this section may submit to the
Administrator an application for the grant.
``(B) Requirements.--An application submitted to the
Administrator under this section shall be submitted at such
time, be in such form, and contain such information as the
Administrator may prescribe by regulation pursuant to section
3004(c) of the Water Resources Development Act of 2016.
``(2) Grant.--
``(A) In general.--The Administrator may make a grant in
accordance with this section for rehabilitation of a high
hazard potential dam to a non-Federal sponsor that submits an
application for the grant in accordance with the regulations
prescribed by the Administrator.
``(B) Project grant agreement.--The Administrator shall
enter into a project grant agreement with the non-Federal
sponsor to establish the terms of the grant and the project,
including the amount of the grant.
``(C) Grant assurance.--As part of a project grant
agreement under subparagraph (B), the Administrator shall
require the non-Federal sponsor to provide an assurance, with
respect to the dam to be rehabilitated under the project,
that the owner of the dam has developed and will carry out a
plan for maintenance of the dam during the expected life of
the dam.
``(D) Limitation.--A grant provided under this section
shall not exceed the lesser of--
``(i) 12.5 percent of the total amount of funds made
available to carry out this section; or
``(ii) $7,500,000.
``(d) Requirements.--
``(1) Approval.--A grant awarded under this section for a
project shall be approved by the relevant State dam safety
agency.
``(2) Non-federal sponsor requirements.--To receive a grant
under this section, the non-Federal sponsor shall--
``(A) participate in, and comply with, all applicable
Federal flood insurance programs;
``(B) have in place a hazard mitigation plan that--
``(i) includes all dam risks; and
``(ii) complies with the Disaster Mitigation Act of 2000
(Public Law 106-390; 114 Stat. 1552);
``(C) commit to provide operation and maintenance of the
project for the 50-year period following completion of
rehabilitation;
``(D) comply with such minimum eligibility requirements as
the Administrator may establish to ensure that each owner and
operator of a dam under a participating State dam safety
program--
``(i) acts in accordance with the State dam safety program;
and
``(ii) carries out activities relating to the public in the
area around the dam in accordance with the hazard mitigation
plan described in subparagraph (B); and
``(E) comply with section 611(j)(9) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(j)(9)) (as in effect on the date of enactment of
this section) with respect to projects receiving assistance
under this section in the same manner as recipients are
required to comply in order to receive financial
contributions from the Administrator for emergency
preparedness purposes.
``(e) Floodplain Management Plans.--
``(1) In general.--As a condition of receipt of assistance
under this section, the non-Federal entity shall demonstrate
that a floodplain management plan to reduce the impacts of
future flood events in the area protected by the project--
``(A) is in place; or
``(B) will be--
``(i) developed not later than 1 year after the date of
execution of a project agreement for assistance under this
section; and
``(ii) implemented not later than 1 year after the date of
completion of construction of the project.
``(2) Inclusions.--A plan under paragraph (1) shall
address--
``(A) potential measures, practices, and policies to reduce
loss of life, injuries, damage to property and facilities,
public expenditures, and other adverse impacts of flooding in
the area protected by the project;
``(B) plans for flood fighting and evacuation; and
``(C) public education and awareness of flood risks.
``(3) Technical support.--The Administrator may provide
technical support for the development and implementation of
floodplain management plans prepared under this subsection.
``(f) Priority System.--The Administrator, in consultation
with the Board, shall develop a risk-based priority system
for use in identifying high hazard potential dams for which
grants may be made under this section.
``(g) Funding.--
``(1) Cost sharing.--
``(A) In general.--Any assistance provided under this
section for a project shall be subject to a non-Federal cost-
sharing requirement of not less than 35 percent.
``(B) In-kind contributions.--The non-Federal share under
subparagraph (A) may be provided in the form of in-kind
contributions.
``(2) Allocation of funds.--The total amount of funds made
available to carry out this section for each fiscal year
shall be distributed as follows:
``(A) Equal distribution.--\1/3\ shall be distributed
equally among the States in which the projects for which
applications are submitted under subsection (c)(1) are
located.
``(B) Need-based.--\2/3\ shall be distributed among the
States in which the projects for which applications are
submitted under subsection (c)(1) are located based on the
proportion that--
``(i) the number of eligible high hazard potential dams in
the State; bears to
``(ii) the number of eligible high hazard potential dams in
all States in which projects for which applications are
submitted under subsection (c)(1).
``(h) Use of Funds.--None of the funds provided in the form
of a grant or otherwise made available under this section
shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(i) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section of an amount
greater than $1,000,000, a non-Federal sponsor that receives
the grant shall require that each contract and subcontract
for program management, construction management, planning
studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from
the grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code; or
``(B) an equivalent qualifications-based requirement
prescribed by the relevant State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to
confer a proprietary interest upon the United States.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $10,000,000 for fiscal years 2017 and 2018;
``(2) $25,000,000 for fiscal year 2019;
``(3) $40,000,000 for fiscal year 2020; and
``(4) $60,000,000 for each of fiscal years 2021 through
2026.''.
(c) Rulemaking.--
(1) Proposed rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall issue a notice of
proposed rulemaking regarding applications for grants of
assistance under the amendments made by subsection (b) to the
National Dam Safety Program Act (33 U.S.C. 467 et seq.).
(2) Final rule.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall promulgate a final rule
regarding the amendments described in paragraph (1).
SEC. 3005. EXPEDITED COMPLETION OF AUTHORIZED PROJECTS FOR
FLOOD DAMAGE REDUCTION.
The Secretary shall expedite the completion of the
following projects for flood damage reduction and flood risk
management:
(1) Chicagoland Underflow Plan, Illinois, phase 2, as
authorized by section 3(a)(5) of the Water Resources
Development Act of 1988 (Public Law 100-676; 102 Stat. 4013)
and modified by section 319 of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3715)
and section 501 of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 334).
(2) Cedar River, Cedar Rapids, Iowa, as authorized by
section 7002(2)(3) of the Water Resources Development Act of
2014 (Public Law 113-121; 128 Stat. 1366).
(3) Comite River, Louisiana, authorized as part of the
project for flood control, Amite River and Tributaries,
Louisiana, by section 101(11) of the Water Resources
Development Act of 1992 (Public Law 102-580; 106 Stat. 4802)
and modified by section 301(b)(5) of the Water Resources
Development Act of 1996 (Public Law 104-03; 110 Stat. 3709)
and section 371 of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 321).
(4) Amite River and Tributaries, Louisiana, East Baton
Rouge Parish Watershed, as authorized by section 101(a)(21)
of the Water Resources Development Act of 1999 (Public Law
106-53; 113 Stat. 277) and modified by section 116 of
division D of Public Law 108-7 (117 Stat. 140) and section
3074 of the Water
[[Page S5756]]
Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1124).
SEC. 3006. CUMBERLAND RIVER BASIN DAM REPAIRS.
(a) In General.--Costs incurred in carrying out any repair
to correct a seepage problem at any dam in the Cumberland
River Basin shall be--
(1) treated as costs for a dam safety project; and
(2) subject to cost-sharing requirements in accordance with
section 1203 of the Water Resources Development Act of 1986
(33 U.S.C. 467n).
(b) Application.--Subsection (a) shall apply only to
repairs for projects for which construction has not begun and
appropriations have not been made as of the date of enactment
of this Act.
SEC. 3007. INDIAN DAM SAFETY.
(a) Definitions.--In this section:
(1) Dam.--
(A) In general.--The term ``dam'' has the meaning given the
term in section 2 of the National Dam Safety Program Act (33
U.S.C. 467).
(B) Inclusions.--The term ``dam'' includes any structure,
facility, equipment, or vehicle used in connection with the
operation of a dam.
(2) Fund.--The term ``Fund'' means, as applicable--
(A) the High-Hazard Indian Dam Safety Deferred Maintenance
Fund established by subsection (b)(1)(A); or
(B) the Low-Hazard Indian Dam Safety Deferred Maintenance
Fund established by subsection (b)(2)(A).
(3) High hazard potential dam.--The term ``high hazard
potential dam'' means a dam assigned to the significant or
high hazard potential classification under the guidelines
published by the Federal Emergency Management Agency entitled
``Federal Guidelines for Dam Safety: Hazard Potential
Classification System for Dams'' (FEMA Publication Number
333).
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Low hazard potential dam.--The term ``low hazard
potential dam'' means a dam assigned to the low hazard
potential classification under the guidelines published by
the Federal Emergency Management Agency entitled ``Federal
Guidelines for Dam Safety: Hazard Potential Classification
System for Dams'' (FEMA Publication Number 333).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Assistant Secretary for
Indian Affairs, in consultation with the Secretary of the
Army.
(b) Indian Dam Safety Deferred Maintenance Funds.--
(1) High-hazard fund.--
(A) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``High-Hazard
Indian Dam Safety Deferred Maintenance Fund'', consisting
of--
(i) such amounts as are deposited in the Fund under
subparagraph (B); and
(ii) any interest earned on investment of amounts in the
Fund under subparagraph (D).
(B) Deposits to fund.--
(i) In general.--For each of fiscal years 2017 through
2037, the Secretary of the Treasury shall deposit in the Fund
$22,750,000 from the general fund of the Treasury.
(ii) Availability of amounts.--Amounts deposited in the
Fund under clause (i) shall be used, subject to
appropriation, to carry out this section.
(C) Expenditures from fund.--
(i) In general.--Subject to clause (ii), for each of fiscal
years 2017 through 2037, the Secretary may, to the extent
provided in advance in appropriations Acts, expend from the
Fund, in accordance with this section, not more than the sum
of--
(I) $22,750,000; and
(II) the amount of interest accrued in the Fund.
(ii) Additional expenditures.--The Secretary may expend
more than $22,750,000 for any fiscal year referred to in
clause (i) if the additional amounts are available in the
Fund as a result of a failure of the Secretary to expend all
of the amounts available under clause (i) in 1 or more prior
fiscal years.
(D) Investments of amounts.--
(i) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary, required to meet current withdrawals.
(ii) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(E) Transfers of amounts.--
(i) In general.--The amounts required to be transferred to
the Fund under this paragraph shall be transferred at least
monthly.
(ii) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates are in excess of or less than the amounts required
to be transferred.
(F) Termination.--On September 30, 2037--
(i) the Fund shall terminate; and
(ii) the unexpended and unobligated balance of the Fund
shall be transferred to the general fund of the Treasury.
(2) Low-hazard fund.--
(A) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Low-Hazard
Indian Dam Safety Deferred Maintenance Fund'', consisting
of--
(i) such amounts as are deposited in the Fund under
subparagraph (B); and
(ii) any interest earned on investment of amounts in the
Fund under subparagraph (D).
(B) Deposits to fund.--
(i) In general.--For each of fiscal years 2017 through
2037, the Secretary of the Treasury shall deposit in the Fund
$10,000,000 from the general fund of the Treasury.
(ii) Availability of amounts.--Amounts deposited in the
Fund under clause (i) shall be used, subject to
appropriation, to carry out this section.
(C) Expenditures from fund.--
(i) In general.--Subject to clause (ii), for each of fiscal
years 2017 through 2037, the Secretary may, to the extent
provided in advance in appropriations Acts, expend from the
Fund, in accordance with this section, not more than the sum
of--
(I) $10,000,000; and
(II) the amount of interest accrued in the Fund.
(ii) Additional expenditures.--The Secretary may expend
more than $10,000,000 for any fiscal year referred to in
clause (i) if the additional amounts are available in the
Fund as a result of a failure of the Secretary to expend all
of the amounts available under clause (i) in 1 or more prior
fiscal years.
(D) Investments of amounts.--
(i) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary, required to meet current withdrawals.
(ii) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(E) Transfers of amounts.--
(i) In general.--The amounts required to be transferred to
the Fund under this paragraph shall be transferred at least
monthly.
(ii) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates are in excess of or less than the amounts required
to be transferred.
(F) Termination.--On September 30, 2037--
(i) the Fund shall terminate; and
(ii) the unexpended and unobligated balance of the Fund
shall be transferred to the general fund of the Treasury.
(c) Repair, Replacement, and Maintenance of Certain Indian
Dams.--
(1) Program establishment.--
(A) In general.--The Secretary shall establish a program to
address the deferred maintenance needs of Indian dams that--
(i) create flood risks or other risks to public or employee
safety or natural or cultural resources; and
(ii) unduly impede the management and efficiency of Indian
dams.
(B) Funding.--
(i) High-hazard fund.--Consistent with subsection
(b)(1)(B), the Secretary shall use or transfer to the Bureau
of Indian Affairs not less than $22,750,000 of amounts in the
High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus
accrued interest, for each of fiscal years 2017 through 2037
to carry out maintenance, repair, and replacement activities
for 1 or more of the Indian dams described in paragraph
(2)(A).
(ii) Low-hazard fund.--Consistent with subsection
(b)(2)(B), the Secretary shall use or transfer to the Bureau
of Indian Affairs not less than $10,000,000 of amounts in the
Low-Hazard Indian Dam Safety Deferred Maintenance Fund, plus
accrued interest, for each of fiscal years 2017 through 2037
to carry out maintenance, repair, and replacement activities
for 1 or more of the Indian dams described in paragraph
(2)(B).
(C) Compliance with dam safety policies.--Maintenance,
repair, and replacement activities for Indian dams under this
section shall be carried out in accordance with the dam
safety policies of the Director of the Bureau of Indian
Affairs established to carry out the Indian Dams Safety Act
of 1994 (25 U.S.C. 3801 et seq.).
(2) Eligible dams.--
(A) High hazard potential dams.--The dams eligible for
funding under paragraph (1)(B)(i) are Indian high hazard
potential dams in the United States that--
(i) are included in the safety of dams program established
pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C.
3801 et seq.); and
(ii)(I)(aa) are owned by the Federal Government, as listed
in the Federal inventory required by Executive Order 13327
(40 U.S.C. 121 note; relating to Federal real property asset
management); and
(bb) are managed by the Bureau of Indian Affairs (including
dams managed under contracts or compacts pursuant to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.)); or
(II) have deferred maintenance documented by the Bureau of
Indian Affairs.
(B) Low hazard potential dams.--The dams eligible for
funding under paragraph (1)(B)(ii) are Indian low hazard
potential dams in the United States that, on the date of
enactment of this Act--
(i) are covered under the Indian Dams Safety Act of 1994
(25 U.S.C. 3801 et seq.); and
(ii)(I)(aa) are owned by the Federal Government, as listed
in the Federal inventory required by Executive Order 13327
(40 U.S.C. 121 note; relating to Federal real property asset
management); and
[[Page S5757]]
(bb) are managed by the Bureau of Indian Affairs (including
dams managed under contracts or compacts pursuant to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.)); or
(II) have deferred maintenance documented by the Bureau of
Indian Affairs.
(3) Requirements and conditions.--Not later than 120 days
after the date of enactment of this Act and as a precondition
to amounts being expended from the Fund to carry out this
subsection, the Secretary, in consultation with
representatives of affected Indian tribes, shall develop and
submit to Congress--
(A) programmatic goals to carry out this subsection that--
(i) would enable the completion of repairing, replacing,
improving, or performing maintenance on Indian dams as
expeditiously as practicable, subject to the dam safety
policies of the Director of the Bureau of Indian Affairs
established to carry out the Indian Dams Safety Act of 1994
(25 U.S.C. 3801 et seq.);
(ii) facilitate or improve the ability of the Bureau of
Indian Affairs to carry out the mission of the Bureau of
Indian Affairs in operating an Indian dam; and
(iii) ensure that the results of government-to-government
consultation required under paragraph (4) be addressed; and
(B) funding prioritization criteria to serve as a
methodology for distributing funds under this subsection that
take into account--
(i) the extent to which deferred maintenance of Indian dams
poses a threat to--
(I) public or employee safety or health;
(II) natural or cultural resources; or
(III) the ability of the Bureau of Indian Affairs to carry
out the mission of the Bureau of Indian Affairs in operating
an Indian dam;
(ii) the extent to which repairing, replacing, improving,
or performing maintenance on an Indian dam will--
(I) improve public or employee safety, health, or
accessibility;
(II) assist in compliance with codes, standards, laws, or
other requirements;
(III) address unmet needs; or
(IV) assist in protecting natural or cultural resources;
(iii) the methodology of the rehabilitation priority index
of the Secretary, as in effect on the date of enactment of
this Act;
(iv) the potential economic benefits of the expenditures on
job creation and general economic development in the affected
tribal communities;
(v) the ability of an Indian dam to address tribal,
regional, and watershed level flood prevention needs;
(vi) the need to comply with the dam safety policies of the
Director of the Bureau of Indian Affairs established to carry
out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et
seq.);
(vii) the ability of the water storage capacity of an
Indian dam to be increased to prevent flooding in downstream
tribal and nontribal communities; and
(viii) such other factors as the Secretary determines to be
appropriate to prioritize the use of available funds that
are, to the fullest extent practicable, consistent with
tribal and user recommendations received pursuant to the
consultation and input process under paragraph (4).
(4) Tribal consultation and user input.--
(A) In general.--Except as provided in subparagraph (B),
before expending funds on an Indian dam pursuant to paragraph
(1) and not later than 60 days after the date of enactment of
this Act, the Secretary shall--
(i) consult with the Director of the Bureau of Indian
Affairs on the expenditure of funds;
(ii) ensure that the Director of the Bureau of Indian
Affairs advises the Indian tribe that has jurisdiction over
the land on which a dam eligible to receive funding under
paragraph (2) is located on the expenditure of funds; and
(iii) solicit and consider the input, comments, and
recommendations of the landowners served by the Indian dam.
(B) Emergencies.--If the Secretary determines that an
emergency circumstance exists with respect to an Indian dam,
subparagraph (A) shall not apply with respect to that Indian
dam.
(5) Allocation among dams.--
(A) In general.--Subject to subparagraph (B), to the
maximum extent practicable, the Secretary shall ensure that,
for each of fiscal years 2017 through 2037, each Indian dam
eligible for funding under paragraph (2) that has critical
maintenance needs receives part of the funding under
paragraph (1) to address critical maintenance needs.
(B) Priority.--In allocating amounts under paragraph
(1)(B), in addition to considering the funding priorities
described in paragraph (3), the Secretary shall give priority
to Indian dams eligible for funding under paragraph (2) that
serve--
(i) more than 1 Indian tribe within an Indian reservation;
or
(ii) highly populated Indian communities, as determined by
the Secretary.
(C) Cap on funding.--
(i) In general.--Subject to clause (ii), in allocating
amounts under paragraph (1)(B), the Secretary shall allocate
not more than $10,000,000 to any individual dam described in
paragraph (2) during any consecutive 3-year period.
(ii) Exception.--Notwithstanding the cap described in
clause (i), if the full amount under paragraph (1)(B) cannot
be fully allocated to eligible Indian dams because the costs
of the remaining activities authorized in paragraph (1)(B) of
an Indian dam would exceed the cap described in clause (i),
the Secretary may allocate the remaining funds to eligible
Indian dams in accordance with this subsection.
(D) Basis of funding.--Any amounts made available under
this paragraph shall be nonreimbursable.
(E) Applicability of isdeaa.--The Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.) shall
apply to activities carried out under this paragraph.
(d) Tribal Safety of Dams Committee.--
(1) Establishment of committee.--
(A) Establishment.--The Secretary of the Interior shall
establish within the Bureau of Indian Affairs the Tribal
Safety of Dams Committee (referred to in this paragraph as
the ``Committee'').
(B) Membership.--
(i) Composition.--The Committee shall be composed of 15
members, of whom--
(I) 11 shall be appointed by the Secretary of the Interior
from among individuals who, to the maximum extent
practicable, have knowledge and expertise in dam safety
issues and flood prevention and mitigation, of whom not less
than 1 shall be a member of an Indian tribe in each of the
Bureau of Indian Affairs regions of--
(aa) the Northwest Region;
(bb) the Pacific Region;
(cc) the Western Region;
(dd) the Navajo Region;
(ee) the Southwest Region;
(ff) the Rocky Mountain Region;
(gg) the Great Plans Region; and
(hh) the Midwest Region;
(II) 2 shall be appointed by the Secretary of the Interior
from among employees of the Bureau of Indian Affairs who have
knowledge and expertise in dam safety issues and flood
prevention and mitigation;
(III) 1 shall be appointed by the Secretary of the Interior
from among employees of the Bureau of Reclamation who have
knowledge and expertise in dam safety issues and flood
prevention and mitigation; and
(IV) 1 shall be appointed by the Secretary of the Army from
among employees of the Corps of Engineers who have knowledge
and expertise in dam safety issues and flood prevention and
mitigation.
(ii) Nonvoting members.--The members of the Committee
appointed under subclauses (II) and (III) of clause (i) shall
be nonvoting members.
(iii) Date.--The appointments of the members of the
Committee shall be made as soon as practicable after the date
of enactment of this Act.
(C) Period of appointment.--Members shall be appointed for
the life of the Committee.
(D) Vacancies.--Any vacancy in the Committee shall not
affect the powers of the Committee, but shall be filled in
the same manner as the original appointment.
(E) Initial meeting.--Not later than 30 days after the date
on which all members of the Committee have been appointed,
the Committee shall hold the first meeting.
(F) Meetings.--The Committee shall meet at the call of the
Chairperson.
(G) Quorum.--A majority of the members of the Committee
shall constitute a quorum, but a lesser number of members may
hold hearings.
(H) Chairperson and vice chairperson.--The Committee shall
select a Chairperson and Vice Chairperson from among the
members.
(2) Duties of the committee.--
(A) Study.--The Committee shall conduct a thorough study of
all matters relating to the modernization of the Indian Dams
Safety Act of 1994 (25 U.S.C. 3801 et seq.).
(B) Recommendations.--The Committee shall develop
recommendations for legislation to improve the Indian Dams
Safety Act of 1994 (25 U.S.C. 3801 et seq.).
(C) Report.--Not later than 1 year after the date on which
the Committee holds the first meeting, the Committee shall
submit a report containing a detailed statement of the
findings and conclusions of the Committee, together with
recommendations for legislation that the Committee considers
appropriate, to--
(i) the Committee on Indian Affairs of the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(3) Powers of the committee.--
(A) Hearings.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers appropriate
to carry out this paragraph.
(B) Information from federal agencies.--
(i) In general.--The Committee may secure directly from any
Federal department or agency such information as the
Committee considers necessary to carry out this paragraph.
(ii) Request.--On request of the Chairperson of the
Committee, the head of any Federal department or agency shall
furnish information described in clause (i) to the Committee.
(C) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(D) Gifts.--The Committee may accept, use, and dispose of
gifts or donations of services or property.
(4) Committee personnel matters.--
(A) Compensation of members.--
[[Page S5758]]
(i) Non-federal members.--Each member of the Committee who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Committee.
(ii) Federal members.--Each member of the Committee who is
an officer or employee of the Federal Government shall serve
without compensation in addition to that received for
services as an officer or employee of the Federal Government.
(B) Travel expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(C) Staff.--
(i) In general.--
(I) Appointment.--The Chairperson of the Committee may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Committee to perform the duties of the Committee.
(II) Confirmation.--The employment of an executive director
shall be subject to confirmation by the Committee.
(ii) Compensation.--The Chairperson of the Committee may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of that title.
(D) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(E) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of that title.
(5) Termination of the committee.--The Committee shall
terminate 90 days after the date on which the Committee
submits the report under paragraph (2)(C).
(6) Funding.--Of the amounts authorized to be expended from
either Fund, $1,000,000 shall be made available from either
Fund during fiscal year 2017 to carry out this subsection, to
remain available until expended.
(e) Indian Dam Surveys.--
(1) Tribal reports.--The Secretary shall request that, not
less frequently than once every 180 days, each Indian tribe
submit to the Secretary a report providing an inventory of
the dams located on the land of the Indian tribe.
(2) BIA reports.--Not less frequently than once each year,
the Secretary shall submit to Congress a report describing
the condition of each dam under the partial or total
jurisdiction of the Secretary.
(f) Flood Plain Management Pilot Program.--
(1) Establishment.--The Secretary shall establish, within
the Bureau of Indian Affairs, a flood plain management pilot
program (referred to in this subsection as the ``program'')
to provide, at the request of an Indian tribe, guidance to
the Indian tribe relating to best practices for the
mitigation and prevention of floods, including consultation
with the Indian tribe on--
(A) flood plain mapping; or
(B) new construction planning.
(2) Termination.--The program shall terminate on the date
that is 4 years after the date of enactment of this Act.
(3) Funding.--Of the amounts authorized to be expended from
either Fund, $250,000 shall be made available from either
Fund during each of fiscal years 2017, 2018, and 2019 to
carry out this subsection, to remain available until
expended.
SEC. 3008. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
FLOOD CONTROL DAMS.
(a) In General.--If the Secretary determines that the
project is feasible, the Secretary may carry out a project
for the rehabilitation of a dam described in subsection (b).
(b) Eligible Dams.--A dam eligible for assistance under
this section is a dam--
(1) that has been constructed, in whole or in part, by the
Corps of Engineers for flood control purposes;
(2) for which construction was completed before 1940;
(3) that is classified as ``high hazard potential'' by the
State dam safety agency of the State in which the dam is
located; and
(4) that is operated by a non-Federal entity.
(c) Cost Sharing.--Non-Federal interests shall provide 35
percent of the cost of construction of any project carried
out under this section, including provision of all land,
easements, rights-of-way, and necessary relocations.
(d) Agreements.--Construction of a project under this
section shall be initiated only after a non-Federal interest
has entered into a binding agreement with the Secretary--
(1) to pay the non-Federal share of the costs of
construction under subsection (c); and
(2) to pay 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to the
project in accordance with regulations prescribed by the
Secretary.
(e) Cost Limitation.--The Secretary shall not expend more
than $10,000,000 for a project at any single dam under this
section.
(f) Funding.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2017 through 2026.
TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS
SEC. 4001. GULF COAST OYSTER BED RECOVERY PLAN.
(a) Definition of Gulf States.--In this section, the term
``Gulf States'' means each of the States of Alabama, Florida,
Louisiana, Mississippi, and Texas.
(b) Gulf Coast Oyster Bed Recovery Plan.--The Secretary, in
coordination with the Gulf States, shall develop and
implement a plan to assist in the recovery of oyster beds on
the coast of Gulf States that were damaged by events
including--
(1) Hurricane Katrina in 2005;
(2) the Deep Water Horizon oil spill in 2010; and
(3) floods in 2011 and 2016.
(c) Inclusion.--The plan developed under subsection (b)
shall address the beneficial use of dredged material in
providing substrate for oyster bed development.
(d) Submission.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee of Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives the plan developed under subsection
(b).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000, to remain available until expended.
SEC. 4002. COLUMBIA RIVER, PLATTE RIVER, AND ARKANSAS RIVER.
(a) Ecosystem Restoration.--Section 536(g) of the Water
Resources Development Act of 2000 (Public Law 106-541; 114
Stat. 2662; 128 Stat. 1314) is amended by striking
``$50,000,000'' and inserting ``$75,000,000''.
(b) Watercraft Inspection Stations.--Section 104 of the
River and Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary, but not more than $65,000,000, to
carry out this section for each fiscal year, of which--
``(A) $20,000,000 shall be made available to carry out
subsection (d)(1)(A)(i); and
``(B) $25,000,000 shall be made available to carry out
clauses (ii) and (iii) of subsection (d)(1)(A).
``(2) Allocation.--Any funds made available under paragraph
(1) that are employed for control operations shall be
allocated by the Chief of Engineers on a priority basis,
based on--
``(A) the urgency and need of each area; and
``(B) the availability of local funds.''; and
(2) in subsection (d)--
(A) by striking paragraph (1) and inserting the following:
``(1) Establishment, operation, and maintenance.--
``(A) In general.--In carrying out this section, the
Secretary may establish, operate, and maintain watercraft
inspection stations to protect--
``(i) the Columbia River Basin;
``(ii) the Platte River Basin located in the States of
Colorado, Nebraska, and Wyoming; and
``(iii) the Arkansas River Basin located in the States of
Arkansas, Colorado, Kansas, New Mexico, Oklahoma, and Texas.
``(B) Location.--The watercraft inspection stations under
subparagraph (A) shall be located in areas, as determined by
the Secretary, with the highest likelihood of preventing the
spread of aquatic invasive species at reservoirs operated and
maintained by the Secretary.''; and
(B) in paragraph (3), by striking subparagraph (A) and
inserting the following:
``(A) the Governor of each State in which a station is
established under paragraph (1);''.
(c) Tribal Housing.--
(1) Definition of report.--In this subsection, the term
``report'' means the final report for the Portland District,
Corps of Engineers, entitled ``Columbia River Treaty Fishing
Access Sites, Oregon and Washington: Fact-finding Review on
Tribal Housing'' and dated November 19, 2013.
(2) Assistance authorized.--As replacement housing for
Indian families displaced due to the construction of the
Bonneville Dam, on the request of the Secretary of the
Interior, the Secretary may provide assistance on land
transferred by the Department of the Army to the Department
of the Interior pursuant to title IV of Public Law 100-581
(102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; 114 Stat.
2679; 118 Stat. 544) for the number of
[[Page S5759]]
families estimated in the report as having received no
relocation assistance.
(3) Study.--The Secretary shall--
(A) conduct a study to determine the number of Indian
people displaced by the construction of the John Day Dam; and
(B) identify a plan for suitable housing to replace housing
lost to the construction of the John Day Dam.
(d) Columbia and Lower Willamette Rivers Below Vancouver,
Washington and Oregon.--The Secretary shall conduct a study
to determine the feasibility of modifying the project for
navigation, Columbia and Lower Willamette Rivers below
Vancouver, Washington and Portland, Oregon, authorized by
section 101 of the River and Harbor Act of 1962 (Public Law
87-874; 76 Stat. 1177) to address safety risks.
SEC. 4003. MISSOURI RIVER.
(a) Reservoir Sediment Management.--
(1) Definition of sediment management plan.--In this
subsection, the term ``sediment management plan'' means a
plan for preventing sediment from reducing water storage
capacity at a reservoir and increasing water storage capacity
through sediment removal at a reservoir.
(2) Upper missouri river basin pilot program.--The
Secretary shall carry out a pilot program for the development
and implementation of sediment management plans for
reservoirs owned and operated by the Secretary in the Upper
Missouri River Basin, on request by project beneficiaries.
(3) Plan elements.--A sediment management plan under
paragraph (2) shall--
(A) provide opportunities for project beneficiaries and
other stakeholders to participate in sediment management
decisions;
(B) evaluate the volume of sediment in a reservoir and
impacts on storage capacity;
(C) identify preliminary sediment management options,
including sediment dikes and dredging;
(D) identify constraints;
(E) assess technical feasibility, economic justification,
and environmental impacts;
(F) identify beneficial uses for sediment; and
(G) to the maximum extent practicable, use, develop, and
demonstrate innovative, cost-saving technologies, including
structural and nonstructural technologies and designs, to
manage sediment.
(4) Cost share.--The beneficiaries requesting the plan
shall share in the cost of development and implementation of
a sediment management plan allocated in accordance with the
benefits to be received.
(5) Contributed funds.--The Secretary may accept funds from
non-Federal interests and other Federal agencies to develop
and implement a sediment management plan under this
subsection.
(6) Guidance.--The Secretary shall use the knowledge gained
through the development and implementation of sediment
management plans under paragraph (2) to develop guidance for
sediment management at other reservoirs.
(7) Partnership with secretary of the interior.--
(A) In general.--The Secretary shall carry out the pilot
program established under this subsection in partnership with
the Secretary of the Interior, and the program may apply to
reservoirs managed or owned by the Bureau of Reclamation on
execution of a memorandum of agreement between the Secretary
and the Secretary of the Interior establishing the framework
for a partnership and the terms and conditions for sharing
expertise and resources.
(B) Lead agency.--The Secretary that has primary
jurisdiction over the reservoir shall take the lead in
developing and implementing a sediment management plan for
that reservoir.
(8) Other authorities not affected.--Nothing in this
subsection affects sediment management or the share of costs
paid by Federal and non-Federal interests relating to
sediment management under any other provision of law
(including regulations).
(b) Snowpack and Drought Monitoring.--Section 4003(a) of
the Water Resources Reform and Development Act of 2014
(Public Law 113-121; 128 Stat. 1311) is amended by adding at
the end the following:
``(5) Lead agency.--The Corps of Engineers shall be the
lead agency for carrying out and coordinating the activities
described in paragraph (1).''.
SEC. 4004. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION.
Section 544(f) of the Water Resources Development Act of
2000 (Public Law 106-541; 114 Stat. 2675) is amended by
striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 4005. ICE JAM PREVENTION AND MITIGATION.
(a) In General.--The Secretary may carry out projects under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), including planning, design, construction, and
monitoring of structural and nonstructural technologies and
measures for preventing and mitigating flood damages
associated with ice jams.
(b) Inclusion.--The projects described in subsection (a)
may include the development and demonstration of cost-
effective technologies and designs developed in consultation
with--
(1) the Cold Regions Research and Engineering Laboratory of
the Corps of Engineers;
(2) universities;
(3) Federal, State, and local agencies; and
(4) private organizations.
(c) Pilot Program.--
(1) Authorization.--In addition to the funding authorized
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), the Secretary is authorized to expend $30,000,000 to
carry out pilot projects to demonstrate technologies and
designs developed in accordance with this section.
(2) Priority.--In carrying out pilot projects under
paragraph (1), the Secretary shall give priority to projects
in the Upper Missouri River Basin.
(3) Sunset.--The pilot program under this subsection shall
terminate on December 31, 2026.
SEC. 4006. CHESAPEAKE BAY OYSTER RESTORATION.
Section 704(b)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2263(b)(1)) is amended by striking
``$60,000,000'' and inserting ``$100,000,000''.
SEC. 4007. NORTH ATLANTIC COASTAL REGION.
Section 4009 of the Water Resources Reform and Development
Act of 2014 (Public Law 113-121; 128 Stat. 1316) is amended--
(1) in subsection (a), by striking ``conduct a study to
determine the feasibility of carrying out projects'' and
inserting ``develop a comprehensive assessment and management
plan at Federal expense'';
(2) in subsection (b), by striking the subsection
designation and heading and all that follows through ``In
carrying out the study'' and inserting the following:
``(b) Assessment and Management Plan.--In developing the
comprehensive assessment and management plan''; and
(3) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``identified in the study
pursuant to subsection (a)'' and inserting ``identified in
the comprehensive assessment and management plan under this
section''.
SEC. 4008. RIO GRANDE.
Section 5056(f) of the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1214; 128 Stat. 1315) is
amended by striking ``2019'' and inserting ``2024''.
SEC. 4009. TEXAS COASTAL AREA.
In carrying out the Coastal Texas ecosystem protection and
restoration study authorized by section 4091 of the Water
Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1187), the Secretary shall consider studies, data, or
information developed by the Gulf Coast Community Protection
and Recovery District to expedite completion of the study.
SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIVERS FLOOD RISK
MANAGEMENT.
(a) In General.--The Secretary shall conduct a study at
Federal expense to determine the feasibility of carrying out
projects to address systemic flood damage reduction in the
upper Mississippi and Illinois River basins.
(b) Purpose.--The purposes of the study under subsection
(a) are--
(1) to develop an integrated, comprehensive, and systems-
based approach to minimize the threat to health and safety
resulting from flooding by using structural and nonstructural
flood risk management measures;
(2) to reduce damages and costs associated with flooding;
(3) to identify opportunities to support environmental
sustainability and restoration goals of the Upper Mississippi
River and Illinois River floodplain as part of any systemic
flood risk management plan; and
(4) to seek opportunities to address, in concert with flood
risk management measures, other floodplain specific problems,
needs, and opportunities.
(c) Study Components.--In carrying out the study under
subsection (a), the Secretary shall--
(1) as appropriate, coordinate with the heads of other
appropriate Federal agencies, the Governors of the States
within the Upper Mississippi and Illinois River basins, the
appropriate levee and drainage districts, nonprofit
organizations, and other interested parties;
(2) recommend projects for reconstruction of existing levee
systems so as to develop and maintain a comprehensive system
for flood risk reduction and floodplain management;
(3) perform a systemic analysis of critical transportation
systems to determine the feasibility of protecting river
approaches for land-based systems, highways, and railroads;
(4) develop a basin-wide hydrologic model for the Upper
Mississippi River System and update as changes occur and new
data is available; and
(5) use, to the maximum extent practicable, any existing
plans and data.
(d) Basis for Recommendations.--In recommending a project
under subsection (c)(2), the Secretary may justify the
project based on system-wide benefits.
SEC. 4011. SALTON SEA, CALIFORNIA.
Section 3032 of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1113) is amended--
(1) in the section heading, by inserting ``program'' after
``restoration'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Pilot
Projects'' and inserting ``Program'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B) (as redesignated)
the following:
``(A) Establishment.--The Secretary shall carry out a
program to implement projects
[[Page S5760]]
to restore the Salton Sea in accordance with this section.'';
(iii) in subparagraph (B) (as redesignated by clause (i)),
by striking ``the pilot''; and
(iv) in subparagraph (C) (as redesignated by clause (i))--
(I) in clause (i), in the matter preceding subclause (I),
by striking ``the pilot projects referred to in subparagraph
(A)'' and inserting ``the projects referred to in
subparagraph (B)'';
(II) in subclause (I), by inserting ``, Salton Sea
Authority, or other non-Federal interest'' before the
semicolon at the end; and
(III) in subclause (II), by striking ``pilot'';
(C) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``pilot''; and
(D) in paragraph (3)--
(i) by striking ``pilot'' each place it appears; and
(ii) by inserting ``, Salton Sea Authority, or other non-
Federal interest'' after ``State''; and
(3) in subsection (c), by striking ``pilot''.
SEC. 4012. ADJUSTMENT.
Section 219(f)(25) of the Water Resources Development Act
of 1992 (Public Law 102-580; 113 Stat. 336) is amended--
(1) by inserting ``Berkeley'' before ``Calhoun''; and
(2) by striking ``Orangeberg, and Sumter'' and inserting
``and Orangeberg''.
SEC. 4013. COASTAL RESILIENCY.
(a) In General.--Section 4014(b) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is
amended--
(1) in paragraph (1), by inserting ``Indian tribes,'' after
``nonprofit organizations,'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) give priority to projects in communities the
existence of which is threatened by rising sea level,
including projects relating to shoreline restoration, tidal
marsh restoration, dunal habitats to protect coastal
infrastructure, reduction of future and existing emergency
repair costs, and projects that use dredged materials;''.
(b) Interagency Coordination on Coastal Resilience.--
(1) In general.--The Secretary shall convene an interagency
working group on resilience to extreme weather, which will
coordinate research, data, and Federal investments related to
sea level rise, resiliency, and vulnerability to extreme
weather, including coastal resilience.
(2) Consultation.--The interagency working group convened
under paragraph (1) shall--
(A) participate in any activity carried out by an
organization authorized by a State to study and issue
recommendations on how to address the impacts on Federal
assets of recurrent flooding and sea level rise, including
providing consultation regarding policies, programs, studies,
plans, and best practices relating to recurrent flooding and
sea level rise in areas with significant Federal assets; and
(B) share physical, biological, and socioeconomic data
among such State organizations, as appropriate.
SEC. 4014. REGIONAL INTERGOVERNMENTAL COLLABORATION ON
COASTAL RESILIENCE.
(a) Regional Assessments.--
(1) In general.--The Secretary may conduct regional
assessments of coastal and back bay protection and of Federal
and State policies and programs related to coastal water
resources, including--
(A) an assessment of the probability and the extent of
coastal flooding and erosion, including back bay and
estuarine flooding;
(B) recommendations for policies and other measures related
to regional Federal, State, local, and private participation
in shoreline and back-bay protection projects;
(C) an evaluation of the performance of existing Federal
coastal storm damage reduction, ecosystem restoration, and
navigation projects, including recommendations for the
improvement of those projects;
(D) an assessment of the value and impacts of
implementation of regional, systems-based, watershed-based,
and interstate approaches if practicable;
(E) recommendations for the demonstration of methodologies
for resilience through the use of natural and nature-based
infrastructure approaches, as appropriate; and
(F) recommendations regarding alternative sources of
funding for new and existing projects.
(2) Cooperation.--In carrying out paragraph (1), the
Secretary shall cooperate with--
(A) heads of appropriate Federal agencies;
(B) States that have approved coastal management programs
and appropriate agencies of those States;
(C) local governments; and
(D) the private sector.
(b) Streamlining.--In carrying out this section, the
Secretary shall--
(1) to the maximum extent practicable, use existing
research done by Federal, State, regional, local, and private
entities to eliminate redundancies and related costs;
(2) receive from any of the entities described in
subsection (a)(2)--
(A) contributed funds; or
(B) research that may be eligible for credit as work-in-
kind under applicable Federal law; and
(3) enable each District or combination of Districts of the
Corps of Engineers that jointly participate in carrying out
an assessment under this section to consider regionally
appropriate engineering, biological, ecological, social,
economic, and other factors in carrying out the assessment.
(c) Reports.--The Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives all reports and recommendations prepared
under this section, together with any necessary supporting
documentation.
SEC. 4015. SOUTH ATLANTIC COASTAL STUDY.
(a) In General.--The Secretary shall conduct a study of the
coastal areas located within the geographical boundaries of
the South Atlantic Division of the Corps of Engineers to
identify the risks and vulnerabilities of those areas to
increased hurricane and storm damage as a result of sea level
rise.
(b) Requirements.--In carrying out the study under
subsection (a), the Secretary shall--
(1) conduct a comprehensive analysis of current hurricane
and storm damage reduction measures with an emphasis on
regional sediment management practices to sustainably
maintain or enhance current levels of storm protection;
(2) identify risks and coastal vulnerabilities in the areas
affected by sea level rise;
(3) recommend measures to address the vulnerabilities
described in paragraph (2); and
(4) develop a long-term strategy for--
(A) addressing increased hurricane and storm damages that
result from rising sea levels; and
(B) identifying opportunities to enhance resiliency,
increase sustainability, and lower risks in--
(i) populated areas;
(ii) areas of concentrated economic development; and
(iii) areas with vulnerable environmental resources.
(c) Consultation.--The Secretary shall coordinate, as
appropriate, with the heads of other Federal departments and
agencies, the Governors of the affected States, regional
governmental agencies, and units of local government to
address coastal impacts resulting from sea level rise.
(d) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report recommending specific and
detailed actions to address risks and vulnerabilities of the
areas described in subsection (a) to increased hurricane and
storm damage as a result of sea level rise.
SEC. 4016. KANAWHA RIVER BASIN.
The Secretary shall conduct studies to determine the
feasibility of implementing projects for flood risk
management, ecosystem restoration, navigation, water supply,
recreation, and other water resource related purposes within
the Kanawha River Basin, West Virginia, Virginia, and North
Carolina.
SEC. 4017. CONSIDERATION OF FULL ARRAY OF MEASURES FOR
COASTAL RISK REDUCTION.
(a) Definitions.--In this section:
(1) Natural feature.--The term ``natural feature'' means a
feature that is created through the action of physical,
geological, biological, and chemical processes over time.
(2) Nature-based feature.--The term ``nature-based
feature'' means a feature that is created by human design,
engineering, and construction to protect, and in concert
with, natural processes to provide risk reduction in coastal
areas.
(b) Requirement.--In developing projects for coastal risk
reduction, the Secretary shall consider, as appropriate--
(1) natural features;
(2) nature-based features;
(3) nonstructural measures; and
(4) structural measures.
(c) Report to Congress.--
(1) In general.--Not later than February 1, 2020, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the implementation of subsection
(b).
(2) Contents.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of guidance or instructions issued, and
other measures taken, by the Secretary and the Chief of
Engineers to implement subsection (b).
(B) An assessment of the costs, benefits, impacts, and
trade-offs associated with measures recommended by the
Secretary for coastal risk reduction and the effectiveness of
those measures.
(C) A description of any statutory, fiscal, or regulatory
barriers to the appropriate consideration and use of a full
array of measures for coastal risk reduction.
SEC. 4018. WATERFRONT COMMUNITY REVITALIZATION AND
RESILIENCY.
(a) Findings.--Congress finds that--
(1) many communities in the United States were developed
along waterfronts;
(2) water proximity and access is a recognized economic
driver;
(3) water shortages faced by parts of the United States
underscore the need to manage water sustainably and restore
water quality;
[[Page S5761]]
(4) interest in waterfront revitalization and development
has grown, while the circumstances driving waterfront
development have changed;
(5) waterfront communities face challenges to revitalizing
and leveraging water resources, such as outdated development
patterns, deteriorated water infrastructure, industrial
contamination of soil and sediment, and lack of public access
to the waterfront, which are often compounded by overarching
economic distress in the community;
(6) public investment in waterfront community development
and infrastructure should reflect changing ecosystem
conditions and extreme weather projections to ensure
strategic, resilient investments;
(7) individual communities have unique priorities,
concerns, and opportunities related to waterfront restoration
and community revitalization; and
(8) the Secretary of Commerce has unique expertise in Great
Lakes and ocean coastal resiliency and economic development.
(b) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(2) Resilient waterfront community.--The term ``resilient
waterfront community'' means a unit of local government or
Indian tribe that is--
(A)(i) bound in part by--
(I) a Great Lake; or
(II) an ocean; or
(ii) bordered or traversed by a riverfront or an inland
lake;
(B) self-nominated as a resilient waterfront community; and
(C) designated by the Secretary as a resilient waterfront
community on the basis of the development by the community of
an eligible resilient waterfront community plan, with
eligibility determined by the Secretary after considering the
requirements of paragraphs (2) and (3) of subsection (c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(c) Resilient Waterfront Communities Designation.--
(1) Designation.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall designate resilient waterfront communities based on the
extent to which a community meets the criteria described in
paragraph (2).
(B) Collaboration.--For inland lake and riverfront
communities, in making the designation described in
subparagraph (A), the Secretary shall work with the
Administrator of the Environmental Protection Agency and the
heads of other Federal agencies, as the Secretary determines
to be necessary.
(2) Resilient waterfront community plan.--A resilient
waterfront community plan is a community-driven vision and
plan that is developed--
(A) voluntarily at the discretion of the community--
(i) to respond to local needs; or
(ii) to take advantage of new water-oriented opportunities;
(B) with the leadership of the relevant governmental entity
or Indian tribe with the active participation of--
(i) community residents;
(ii) utilities; and
(iii) interested business and nongovernmental stakeholders;
(C) as a new document or by amending or compiling community
planning documents, as necessary, at the discretion of the
Secretary;
(D) in consideration of all applicable Federal and State
coastal zone management planning requirements;
(E) to address economic competitive strengths; and
(F) to complement and incorporate the objectives and
recommendations of applicable regional economic plans.
(3) Components of a resilient waterfront community plan.--A
resilient waterfront community plan shall--
(A) consider all, or a portion of, the waterfront area and
adjacent land and water to which the waterfront is connected
ecologically, economically, or through local governmental or
tribal boundaries;
(B) describe a vision and plan for the community to develop
as a vital and resilient waterfront community, integrating
consideration of--
(i) the economic opportunities resulting from water
proximity and access, including--
(I) water-dependent industries;
(II) water-oriented commerce; and
(III) recreation and tourism;
(ii) the community relationship to the water, including--
(I) quality of life;
(II) public health;
(III) community heritage; and
(IV) public access, particularly in areas in which publicly
funded ecosystem restoration is underway;
(iii) ecosystem challenges and projections, including
unresolved and emerging impacts to the health and safety of
the waterfront and projections for extreme weather and water
conditions;
(iv) infrastructure needs and opportunities, to facilitate
strategic and sustainable capital investments in--
(I) docks, piers, and harbor facilities;
(II) protection against storm surges, waves, and flooding;
(III) stormwater, sanitary sewer, and drinking water
systems, including green infrastructure and opportunities to
control nonpoint source runoff; and
(IV) other community facilities and private development;
and
(v) such other factors as are determined by the Secretary
to align with metrics or indicators for resiliency,
considering environmental and economic changes.
(4) Duration.--After the designation of a community as a
resilient waterfront community under paragraph (1), a
resilient waterfront community plan developed in accordance
with paragraphs (2) and (3) may be--
(A) effective for the 10-year period beginning on the date
on which the Secretary approves the resilient waterfront
community plan; and
(B) updated by the resilient waterfront community and
submitted to the Secretary for the approval of the Secretary
before the expiration of the 10-year period.
(d) Resilient Waterfront Communities Network.--
(1) In general.--The Secretary shall develop and maintain a
resilient waterfront communities network to facilitate the
sharing of best practices among waterfront communities.
(2) Public recognition.--In consultation with designated
resilient waterfront communities, the Secretary shall provide
formal public recognition of the designated resilient
waterfront communities to promote tourism, investment, or
other benefits.
(e) Waterfront Community Revitalization Activities.--
(1) In general.--To support a community in leveraging other
sources of public and private investment, the Secretary may
use existing authority to support--
(A) the development of a resilient waterfront community
plan, including planning and feasibility analysis; and
(B) the implementation of strategic components of a
resilient waterfront community plan after the resilient
waterfront community plan has been approved by the Secretary.
(2) Non-federal partners.--
(A) Lead non-federal partners.--A unit of local government
or an Indian tribe shall be eligible to be considered as a
lead non-Federal partner if the unit of local government or
Indian tribe is--
(i) bound in part by--
(I) a Great Lake; or
(II) an ocean; or
(ii) bordered or traversed by a riverfront or an inland
lake.
(B) Non-federal implementation partners.--Subject to
paragraph (4)(C), a lead non-Federal partner may contract
with an eligible non-Federal implementation partner for
implementation activities described in paragraph (4)(B).
(3) Planning activities.--
(A) In general.--Technical assistance may be provided for
the development of a resilient waterfront community plan.
(B) Eligible planning activities.--In developing a
resilient waterfront community plan, a resilient waterfront
community may--
(i) conduct community visioning and outreach;
(ii) identify challenges and opportunities;
(iii) develop strategies and solutions;
(iv) prepare plan materials, including text, maps, design,
and preliminary engineering;
(v) collaborate across local agencies and work with
regional, State, and Federal agencies to identify,
understand, and develop responses to changing ecosystem and
economic circumstances; and
(vi) conduct other planning activities that the Secretary
considers necessary for the development of a resilient
waterfront community plan that responds to revitalization and
resiliency issues confronted by the resilient waterfront
community.
(4) Implementation activities.--
(A) In general.--Implementation assistance may be
provided--
(i) to initiate implementation of a resilient waterfront
community plan and facilitate high-quality development,
including leveraging local and private sector investment; and
(ii) to address strategic community priorities that are
identified in the resilient waterfront community plan.
(B) Assistance.--Assistance may be provided to advance
implementation activities, such as--
(i) site preparation;
(ii) environmental review;
(iii) engineering and design;
(iv) acquiring easements or land for uses such as green
infrastructure, public amenities, or assembling development
sites;
(v) updates to zoning codes;
(vi) construction of--
(I) public waterfront or boating amenities; and
(II) public spaces;
(vii) infrastructure upgrades to improve coastal
resiliency;
(viii) economic and community development marketing and
outreach; and
(ix) other activities at the discretion of the Secretary.
(C) Implementation partners.--
(i) In general.--To assist in the completion of
implementation activities, a lead non-Federal partner may
contract or otherwise collaborate with a non-Federal
implementation partner, including--
(I) a nonprofit organization;
(II) a public utility;
(III) a private entity;
(IV) an institution of higher education;
(V) a State government; or
(VI) a regional organization.
[[Page S5762]]
(ii) Lead non-federal partner responsibility.--The lead
non-Federal partner shall ensure that assistance and
resources received by the lead non-Federal partner to advance
the resilient waterfront community plan of the lead non-
Federal partner and for related activities are used for the
purposes of, and in a manner consistent with, any initiative
advanced by the Secretary for the purpose of promoting
waterfront community revitalization and resiliency.
(5) Use of non-federal resources.--
(A) In general.--A resilient waterfront community receiving
assistance under this subsection shall provide non-Federal
funds toward completion of planning or implementation
activities.
(B) Non-federal resources.--Non-Federal funds may be
provided by--
(i) 1 or more units of local or tribal government;
(ii) a State government;
(iii) a nonprofit organization;
(iv) a private entity;
(v) a foundation;
(vi) a public utility; or
(vii) a regional organization.
(f) Interagency Awareness.--At regular intervals, the
Secretary shall provide a list of resilient waterfront
communities to the applicable States and the heads of
national and regional offices of interested Federal agencies,
including at a minimum--
(1) the Secretary of Transportation;
(2) the Secretary of Agriculture;
(3) the Administrator of the Environmental Protection
Agency;
(4) the Administrator of the Federal Emergency Management
Agency;
(5) the Assistant Secretary of the Army for Civil Works;
(6) the Secretary of the Interior; and
(7) the Secretary of Housing and Urban Development.
(g) No New Regulatory Authority.--Nothing in this section
may be construed as establishing new authority for any
Federal agency.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2017 through 2021.
(i) Funding.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section $800,000,
to remain available until expended.
SEC. 4019. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.
(a) In General.--Notwithstanding any other provision of
law, the Secretary--
(1) shall include a 60-day public comment period for the
Table Rock Lake Master Plan and Table Rock Lake Shoreline
Management Plan revision; and
(2) shall finalize the revision for the Table Rock Lake
Master Plan and Table Rock Lake Shoreline Management Plan
during the 2-year period beginning on the date of enactment
of this Act.
(b) Shoreline Use Permits.--During the period described in
subsection (a)(2), the Secretary shall lift or suspend the
moratorium on the issuance of new, and modifications to
existing, shoreline use permits based on the existing Table
Rock Lake Master Plan and Table Rock Lake Shoreline
Management Plan.
(c) Oversight Committee.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish an
oversight committee (referred to in this subsection as the
``Committee'').
(2) Purposes.--The purposes of the Committee shall be--
(A) to review any permit to be issued under the existing
Table Rock Lake Master Plan at the recommendation of the
District Engineer; and
(B) to advise the District Engineer on revisions to the new
Table Rock Lake Master Plan and Table Rock Lake Shoreline
Management Plan.
(3) Membership.--Membership in the Committee shall not
exceed 6 members and shall include--
(A) not more than 1 representative each from the State of
Missouri and the State of Arkansas;
(B) not more than 1 representative each from local economic
development organizations with jurisdiction over Table Rock
Lake; and
(C) not more than 1 representative each representing the
boating and conservation interests of Table Rock Lake.
(4) Study.--The Secretary shall--
(A) carry out a study on the need to revise permit fees
relating to Table Rock Lake to better reflect the cost of
issuing those fees and achieve cost savings;
(B) submit to Congress a report on the results of the study
described in subparagraph (A); and
(C) begin implementation of the new permit fee structure
based on the findings of the study described in subparagraph
(A).
SEC. 4020. PEARL RIVER BASIN, MISSISSIPPI.
The Secretary shall expedite review and decision on the
recommendation for the project for flood damage reduction
authorized by section 401(e)(3) of the Water Resources
Development Act of 1986 (100 Stat. 4132), as amended by
section 3104 of the Water Resources Development Act of 2007
(121 Stat. 1134), submitted to the Secretary under section
211 of the Water Resources Development Act of 1996 (33 U.S.C.
701b-13) (as in effect on the day before the date of
enactment of the Water Resources Reform and Development Act
of 2014).
TITLE V--DEAUTHORIZATIONS
SEC. 5001. DEAUTHORIZATIONS.
(a) Valdez, Alaska.--
(1) In general.--Subject to paragraph (2), the portions of
the project for navigation, Valdez, Alaska, identified as
Tract G, Harbor Subdivision, shall not be subject to
navigation servitude beginning on the date of enactment of
this Act.
(2) Entry by federal government.--The Federal Government
may enter on the property referred to in paragraph (1) to
carry out any required operation and maintenance of the
general navigation features of the project described in
paragraph (1).
(b) Red River Below Denison Dam, Arkansas, Louisiana, and
Texas.--The portion of the project for flood protection on
Red River Below Denison Dam, Arkansas, Louisiana and Texas,
authorized by section 10 of the Flood Control Act of 1946 (60
Stat. 647, chapter 596), consisting of the portion of the
West Agurs Levee that begins at lat. 3232'50.86'' N., by
long. 9346'16.82'' W., and ends at lat. 32 31'22.79'' N.,
by long. 93 45' 2.47'' W., is no longer authorized beginning
on the date of enactment of this Act.
(c) Sutter Basin, California.--
(1) In general.--The separable element constituting the
locally preferred plan increment reflected in the report of
the Chief of Engineers dated March 12, 2014, and authorized
for construction under section 7002(2)(8) of the Water
Resources Reform and Development Act of 2014 (Public Law 113-
121; 128 Stat. 1366) is no longer authorized beginning on the
date of enactment of this Act.
(2) Savings provisions.--The deauthorization under
paragraph (1) does not affect--
(A) the national economic development plan separable
element reflected in the report of the Chief of Engineers
dated March 12, 2014, and authorized for construction under
section 7002(2)(8) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1366);
or
(B) previous authorizations providing for the Sacramento
River and major and minor tributaries project, including--
(i) section 2 of the Act of March 1, 1917 (39 Stat. 949;
chapter 144);
(ii) section 12 of the Act of December 22, 1944 (58 Stat.
900; chapter 665);
(iii) section 204 of the Flood Control Act of 1950 (64
Stat. 177; chapter 188); and
(iv) any other Acts relating to the authorization for the
Sacramento River and major and minor tributaries project
along the Feather River right bank between levee stationing
1483+33 and levee stationing 2368+00.
(d) Stonington Harbor, Connecticut.--The portion of the
project for navigation, Stonington Harbor, Connecticut,
authorized by the Act of May 23, 1828 (4 Stat. 288; chapter
73) that consists of the inner stone breakwater that begins
at coordinates N. 682,146.42, E. 1231,378.69, running north
83.587 degrees west 166.79' to a point N. 682,165.05, E.
1,231,212.94, running north 69.209 degrees west 380.89' to a
point N. 682,300.25, E. 1,230,856.86, is no longer authorized
as a Federal project beginning on the date of enactment of
this Act.
(e) Green River and Barren River, Kentucky.--
(1) In general.--Beginning on the date of enactment of this
Act, commercial navigation at the locks and dams identified
in the report of the Chief of Engineers entitled ``Green
River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and
Dam 1, Kentucky'' and dated April 30, 2015, shall no longer
be authorized, and the land and improvements associated with
the locks and dams shall be--
(A) disposed of consistent with paragraph (2); and
(B) subject to such terms and conditions as the Secretary
determines to be necessary and appropriate in the public
interest.
(2) Disposition.--
(A) Green river lock and dam 3.--The Secretary shall convey
to the Rochester Dam Regional Water Commission all right,
title, and interest of the United States in and to Green
River Lock and Dam 3, located in Ohio County and Muhlenberg
County, Kentucky, together with any improvements on the land.
(B) Green river lock and dam 4.--The Secretary shall convey
to Butler County, Kentucky, all right, title, and interest of
the United States in and to Green River Lock and Dam 4,
located in Butler County, Kentucky, together with any
improvements on the land.
(C) Green river lock and dam 5.--The Secretary shall convey
to the State of Kentucky, a political subdivision of the
State of Kentucky, or a nonprofit, nongovernmental
organization all right, title, and interest of the United
States in and to Green River Lock and Dam 5 for the express
purposes of--
(i) removing the structure from the river at the earliest
feasible time; and
(ii) making the land available for conservation and public
recreation, including river access.
(D) Green river lock and dam 6.--
(i) In general.--The Secretary shall transfer to the
Secretary of the Interior administrative jurisdiction over
the portion of Green River Lock and Dam 6, Edmonson County,
Kentucky, that is located on the left descending bank of the
Green River, together with any improvements on the land, for
inclusion in Mammoth Cave National Park.
(ii) Transfer to the state of kentucky.--The Secretary
shall transfer to the State of Kentucky all right, title, and
interest of the United States in and to the portion of Green
[[Page S5763]]
River Lock and Dam 6, Edmonson County, Kentucky, that is
located on the right descending bank of the Green River,
together with any improvements on the land, for use by the
Department of Fish and Wildlife Resources of the State of
Kentucky for the purposes of--
(I) removing the structure from the river at the earliest
feasible time; and
(II) making the land available for conservation and public
recreation, including river access.
(E) Barren river lock and dam 1.--The Secretary shall
convey to the State of Kentucky, all right, title, and
interest of the United States in and to Barren River Lock and
Dam 1, located in Warren County, Kentucky, together with any
improvements on the land, for use by the Department of Fish
and Wildlife Resources of the State of Kentucky for the
purposes of--
(i) removing the structure from the river at the earliest
feasible time; and
(ii) making the land available for conservation and public
recreation, including river access.
(3) Conditions.--
(A) In general.--The exact acreage and legal description of
any land to be disposed of, transferred, or conveyed under
this subsection shall be determined by a survey satisfactory
to the Secretary.
(B) Quitclaim deed.--A conveyance under subparagraph (A),
(B), (D), or (E) of paragraph (2) shall be accomplished by
quitclaim deed and without consideration.
(C) Administrative costs.--The Secretary shall be
responsible for all administrative costs associated with a
transfer or conveyance under this subsection, including the
costs of a survey carried out under subparagraph (A).
(D) Reversion.--If the Secretary determines that the land
transferred or conveyed under this subsection is not used by
a non-Federal entity for a purpose that is consistent with
the purpose of the transfer or conveyance, all right, title,
and interest in and to the land, including any improvements
on the land, shall revert, at the discretion of the
Secretary, to the United States, and the United States shall
have the right of immediate entry onto the land.
(f) Essex River, Massachusetts.--
(1) In general.--The portions of the project for
navigation, Essex River, Massachusetts, authorized by the
first section of the Act of July 13, 1892 (27 Stat. 96,
chapter 158), and modified by the first section of the Act of
March 3, 1899 (30 Stat. 1133, chapter 425), and the first
section of the Act of March 2, 1907 (34 Stat. 1075, chapter
2509), that do not lie within the areas described in
paragraph (2) are no longer authorized beginning on the date
of enactment of this Act.
(2) Areas described.--The areas described in this paragraph
are--
(A) beginning at a point N. 3056139.82, E. 851780.21;
(B) running southwesterly about 156.88 feet to a point N.
3055997.75, E. 851713.67;
(C) running southwesterly about 64.59 feet to a point N.
3055959.37, E. 851661.72;
(D) running southwesterly about 145.14 feet to a point N.
3055887.10, E. 851535.85;
(E) running southwesterly about 204.91 feet to a point N.
3055855.12, E. 851333.45;
(F) running northwesterly about 423.50 feet to a point N.
3055976.70, E. 850927.78;
(G) running northwesterly about 58.77 feet to a point N.
3056002.99, E. 850875.21;
(H) running northwesterly about 240.57 feet to a point N.
3056232.82, E. 850804.14;
(I) running northwesterly about 203.60 feet to a point N.
3056435.41, E. 850783.93;
(J) running northwesterly about 78.63 feet to a point N.
3056499.63, E. 850738.56;
(K) running northwesterly about 60.00 feet to a point N.
3056526.30, E. 850684.81;
(L) running southwesterly about 85.56 feet to a point N.
3056523.33, E. 850599.31;
(M) running southwesterly about 36.20 feet to a point N.
3056512.37, E. 850564.81;
(N) running southwesterly about 80.10 feet to a point N.
3056467.08, E. 850498.74;
(O) running southwesterly about 169.05 feet to a point N.
3056334.36, E. 850394.03;
(P) running northwesterly about 48.52 feet to a point N.
3056354.38, E. 850349.83;
(Q) running northeasterly about 83.71 feet to a point N.
3056436.35, E. 850366.84;
(R) running northeasterly about 212.38 feet to a point N.
3056548.70, E. 850547.07;
(S) running northeasterly about 47.60 feet to a point N.
3056563.12, E. 850592.43;
(T) running northeasterly about 101.16 feet to a point N.
3056566.62, E. 850693.53;
(U) running southeasterly about 80.22 feet to a point N.
3056530.97, E. 850765.40;
(V) running southeasterly about 99.29 feet to a point N.
3056449.88, E. 850822.69;
(W) running southeasterly about 210.12 feet to a point N.
3056240.79, E. 850843.54;
(X) running southeasterly about 219.46 feet to a point N.
3056031.13, E. 850908.38;
(Y) running southeasterly about 38.23 feet to a point N.
3056014.02, E. 850942.57;
(Z) running southeasterly about 410.93 feet to a point N.
3055896.06, E. 851336.21;
(AA) running northeasterly about 188.43 feet to a point N.
3055925.46, E. 851522.33;
(BB) running northeasterly about 135.47 feet to a point N.
3055992.91, E. 851639.80;
(CC) running northeasterly about 52.15 feet to a point N.
3056023.90, E. 851681.75; and
(DD) running northeasterly about 91.57 feet to a point N.
3056106.82, E. 851720.59.
(g) Hannibal Small Boat Harbor, Hannibal, Missouri.--The
project for navigation at Hannibal Small Boat Harbor on the
Mississippi River, Hannibal, Missouri, authorized by section
101 of the River and Harbor Act of 1950 (Public Law 81-516;
64 Stat. 166, chapter 188), is no longer authorized beginning
on the date of enactment of this Act, and any maintenance
requirements associated with the project are terminated.
(h) Port of Cascade Locks, Oregon.--
(1) Termination of portions of existing flowage easement.--
(A) Definition of flowage easement.--In this paragraph, the
term ``flowage easement'' means the flowage easements
identified as tracts 302E-1 and 304E-1 on the easement deeds
recorded as instruments in Hood River County, Oregon, as
follows:
(i) A flowage easement dated October 3, 1936, recorded
December 1, 1936, book 25 at page 531 (records of Hood River
County, Oregon), in favor of United States (302E-1-Perpetual
Flowage Easement from October 5, 1937, October 5, 1936, and
October 3, 1936) (previously acquired as tracts OH-36 and OH-
41 and a portion of tract OH-47).
(ii) A flowage easement recorded October 17, 1936, book 25
at page 476 (records of Hood River County, Oregon), in favor
of the United States, that affects that portion below the 94-
foot contour line above main sea level (304 E-1-Perpetual
Flowage Easement from August 10, 1937 and October 3, 1936)
(previously acquired as tract OH-42 and a portion of tract
OH-47).
(B) Termination.--With respect to the properties described
in paragraph (2), beginning on the date of enactment of this
Act, the flowage easements are terminated above elevation
82.4 feet (NGVD29), the ordinary high water mark.
(2) Affected properties.--The properties described in this
paragraph, as recorded in Hood River, County, Oregon, are as
follows:
(A) Lots 3, 4, 5, and 7 of the ``Port of Cascade Locks
Business Park'' subdivision, instrument #2014-00436.
(B) Parcels 1, 2, and 3 of Hood River County Partition plat
No. 2008-25P.
(3) Federal liabilities; cultural, environmental, other
regulatory reviews.--
(A) Federal liability.--The United States shall not be
liable for any injury caused by the termination of the
easement under this subsection.
(B) Cultural and environmental regulatory actions.--Nothing
in this subsection establishes any cultural or environmental
regulation relating to the properties described in paragraph
(2).
(4) Effect on other rights.--Nothing in this subsection
affects any remaining right or interest of the Corps of
Engineers in the properties described in paragraph (2).
(i) Declarations of Non-navigability for Portions of the
Delaware River, Philadelphia, Pennsylvania.--
(1) In general.--Subject to paragraphs (2) and (3), unless
the Secretary determines, after consultation with local and
regional public officials (including local and regional
project planning organizations), that there are substantive
objections, the following portions of the Delaware River,
bounded by the former bulkhead and pierhead lines established
by the Secretary of War and successors, are declared to be
non-navigable waters of the United States:
(A) Piers 70 South through 38 South, encompassing an area
bounded by the southern line of Moore Street extended to the
northern line of Catherine Street extended, including the
following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 46,
48, 40, and 38.
(B) Piers 24 North through 72 North, encompassing an area
bounded by the southern line of Callowhill Street extended to
the northern line of East Fletcher Street extended, including
the following piers: 24, 25, 27-35, 35.5, 36, 37, 38, 39, 49,
51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter.
(2) Determination.--The Secretary shall make the
determination under paragraph (1) separately for each portion
of the Delaware River described in subparagraphs (A) and (B)
of paragraph (1), using reasonable discretion, by not later
than 150 days after the date of submission of appropriate
plans for that portion.
(3) Limits on applicability.--
(A) In general.--Paragraph (1) applies only to those parts
of the areas described in that paragraph that are or will be
bulkheaded and filled or otherwise occupied by permanent
structures, including marina and recreation facilities.
(B) Other federal laws.--Any work described in subparagraph
(A) shall be subject to all applicable Federal law (including
regulations), including--
(i) sections 9 and 10 of the Act of March 3, 1899 (commonly
known as the ``River and Harbors Appropriation Act of 1899'')
(33 U.S.C. 401, 403);
(ii) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); and
(iii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(j) Salt Creek, Graham, Texas.--
(1) In general.--The project for flood control,
environmental restoration, and recreation, Salt Creek,
Graham, Texas, authorized by section 101(a)(30) of the Water
Resources Development Act of 1999 (Public Law 106-53; 113
Stat. 278-279), is no longer authorized as a Federal project
beginning on the date of enactment of this Act.
(2) Certain project-related claims.--The non-Federal
sponsor for the project described in paragraph (1) shall hold
and save the United States harmless from any claim that has
arisen, or that may arise, in connection with the project.
(3) Transfer.--The Secretary is authorized to transfer any
land acquired by the Federal
[[Page S5764]]
Government for the project on behalf of the non-Federal
sponsor that remains in Federal ownership on or after the
date of enactment of this Act to the non-Federal sponsor.
(4) Reversion.--If the Secretary determines that the land
that is integral to the project described in paragraph (1)
ceases to be owned by the public, all right, title, and
interest in and to the land and improvements shall revert, at
the discretion of the Secretary, to the United States.
(k) New Savannah Bluff Lock and Dam, Georgia and South
Carolina.--
(1) Definitions.--In this subsection:
(A) New savannah bluff lock and dam.--The term ``New
Savannah Bluff Lock and Dam'' has the meaning given the term
in section 348(l)(1) of the Water Resources Development Act
of 2000 (114 Stat. 2630) (as in effect on the day before the
date of enactment of this Act).
(B) Project.--The term ``Project'' means the project for
navigation, Savannah Harbor expansion, Georgia, authorized by
section 7002(1) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1364).
(2) Deauthorization.--
(A) In general.--Effective beginning on the date of
enactment of this Act--
(i) the New Savannah Bluff Lock and Dam is deauthorized;
and
(ii) notwithstanding section 348(l)(2)(B) of the Water
Resources Development Act of 2000 (114 Stat. 2630; 114 Stat.
2763A-228) (as in effect on the day before the date of
enactment of this Act) or any other provision of law, the New
Savannah Bluff Lock and Dam shall not be conveyed to the city
of North Augusta and Aiken County, South Carolina, or any
other non-Federal entity.
(B) Repeal.--Section 348 of the Water Resources Development
Act of 2000 (114 Stat. 2630; 114 Stat. 2763A-228) is
amended--
(i) by striking subsection (l); and
(ii) by redesignating subsections (m) and (n) as
subsections (l) and (m), respectively.
(3) Project modifications.--
(A) In general.--Notwithstanding any other provision of
law, the Project is modified to include, as the Secretary
determines to be necessary--
(i)(I) repair of the lock wall of the New Savannah Bluff
Lock and Dam and modification of the structure such that the
structure is able--
(aa) to maintain the pool for navigation, water supply, and
recreational activities, as in existence on the date of
enactment of this Act; and
(bb) to allow safe passage via a rock ramp over the
structure to historic spawning grounds of Shortnose sturgeon,
Atlantic sturgeon, and other migratory fish; or
(II)(aa) construction at an appropriate location across the
Savannah River of a rock weir that is able to maintain the
pool for water supply and recreational activities, as in
existence on the date of enactment of this Act; and
(bb) removal of the New Savannah Bluff Lock and Dam on
completion of construction of the weir; and
(ii) conveyance by the Secretary to Augusta-Richmond
County, Georgia, of the park and recreation area adjacent to
the New Savannah Bluff Lock and Dam, without consideration.
(B) Operation and maintenance costs.--The Federal share of
the costs of operation and maintenance of any Project feature
constructed pursuant to subparagraph (A) shall be 100
percent.
SEC. 5002. CONVEYANCES.
(a) Pearl River, Mississippi and Louisiana.--
(1) In general.--The project for navigation, Pearl River,
Mississippi and Louisiana, authorized by the first section of
the Act of August 30, 1935 (49 Stat. 1033, chapter 831) and
section 101 of the River and Harbor Act of 1966 (Public Law
89-789; 80 Stat. 1405), is no longer authorized as a Federal
project beginning on the date of enactment of this Act.
(2) Transfer.--
(A) In general.--Subject to subparagraphs (B) and (C), the
Secretary is authorized to convey to a State or local
interest, without consideration, all right, title, and
interest of the United States in and to--
(i) any land in which the Federal Government has a property
interest for the project described in paragraph (1); and
(ii) improvements to the land described in clause (i).
(B) Responsibility for costs.--The transferee shall be
responsible for the payment of all costs and administrative
expenses associated with any transfer carried out pursuant to
subparagraph (A), including costs associated with any land
survey required to determine the exact acreage and legal
description of the land and improvements to be transferred.
(C) Other terms and conditions.--A transfer under
subparagraph (A) shall be subject to such other terms and
conditions as the Secretary determines to be necessary and
appropriate to protect the interests of the United States.
(3) Reversion.--If the Secretary determines that the land
and improvements conveyed under paragraph (2) ceases to be
owned by the public, all right, title, and interest in and to
the land and improvements shall revert, at the discretion of
the Secretary, to the United States.
(b) Sardis Lake, Mississippi.--
(1) In general.--The Secretary is authorized to convey to
the lessee, at full fair market value, all right, title and
interest of the United Sates in and to the property
identified in the leases numbered DACW38-1-15-7, DACW38-1-15-
33, DACW38-1-15-34, and DACW38-1-15-38, subject to such terms
and conditions as the Secretary determines to be necessary
and appropriate to protect the interests of the United
States.
(2) Easement and restrictive covenant.--The conveyance
under paragraph (1) shall include--
(A) a restrictive covenant to require the approval of the
Secretary for any substantial change in the use of the
property; and
(B) a flowage easement.
(c) Pensacola Dam and Reservoir, Grand River, Oklahoma.--
(1) In general.--Notwithstanding the Act of June 28, 1938
(52 Stat. 1215, chapter 795), as amended by section 3 of the
Act of August 18, 1941 (55 Stat. 645, chapter 377), and
notwithstanding section 3 of the Act of July 31, 1946 (60
Stat. 744, chapter 710), the Secretary shall convey, by
quitclaim deed and without consideration, to the Grand River
Dam Authority, an agency of the State of Oklahoma, for flood
control purposes, all right, title, and interest of the
United States in and to real property under the
administrative jurisdiction of the Secretary acquired in
connection with the Pensacola Dam project, together with any
improvements on the property.
(2) Flood control purposes.--If any interest in the real
property described in paragraph (1) ceases to be managed for
flood control or other public purposes and is conveyed to a
non-public entity, the transferee, as part of the conveyance,
shall pay to the United States the fair market value for the
interest.
(3) No effect.--Nothing in this subsection--
(A) amends, modifies, or repeals any existing authority
vested in the Federal Energy Regulatory Commission; or
(B) amends, modifies, or repeals any authority of the
Secretary or the Chief of Engineers pursuant to section 7 of
the Act of December 22, 1944 (33 U.S.C. 709).
(d) Joe Pool Lake, Texas.--The Secretary shall accept from
the Trinity River Authority of Texas, if received by December
31, 2016, $31,233,401 as payment in full of amounts owed to
the United States, including any accrued interest, for the
approximately 61,747.1 acre-feet of water supply storage
space in Joe Pool Lake, Texas (previously known as Lakeview
Lake), for which payment has not commenced under Article 5.a
(relating to project investment costs) of contract number
DACW63-76-C-0106 as of the date of enactment of this Act.
(e) Weber Basin Project, Utah.--
(1) In general.--The Secretary of the Interior shall allow
for the prepayment of repayment obligations under the
repayment contract numbered 14-06-400-33 between the United
States and the Weber Basin Water Conservancy District
(referred to in this subsection as the ``District''), dated
December 12, 1952, and supplemented and amended on June 30,
1961, on April 15, 1966, on September 20, 1968, and on May 9,
1985, including any other amendments and all related
applicable contracts to the repayment contract, providing for
repayment of Weber Basin Project construction costs allocated
to irrigation and municipal and industrial purposes for which
repayment is provided pursuant to the repayment contract
under terms and conditions similar to the terms and
conditions used in implementing the prepayment provisions in
section 210 of the Central Utah Project Completion Act
(Public Law 102-575; 106 Stat. 4624) for prepayment of
Central Utah Project, Bonneville Unit repayment obligations.
(2) Authorizations and requirements.--The prepayment
authorized under paragraph (1)--
(A) shall result in the United States recovering the net
present value of all repayment streams that would have been
payable to the United States if this section was not in
effect;
(B) may be provided in several installments;
(C) may not be adjusted on the basis of the type of
prepayment financing used by the District; and
(D) shall be made in a manner that provides that total
repayment is made not later than September 30, 2026.
TITLE VI--WATER RESOURCES INFRASTRUCTURE
SEC. 6001. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.
The following final feasibility studies for water resources
development and conservation and other purposes are
authorized to be carried out by the Secretary substantially
in accordance with the plan, and subject to the conditions,
described in the respective reports designated in this
section:
(1) Navigation.--
[[Page S5765]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Brazos Island November 3, Federal: $116,116,000
Harbor 2014 Non-Federal: $135,836,000
Total: $251,952,000
------------------------------------------------------------------------
2. LA Calcasieu Lock December 2, Federal: $16,700,000
2014 Non-Federal: $0
Total: $16,700,000
------------------------------------------------------------------------
3. NH, Portsmouth Harbor February 8, Federal: $15,580,000
ME and Piscataqua 2015 Non-Federal: $5,190,000
River Total: $20,770,000
------------------------------------------------------------------------
4. KY Green River Locks April 30, Federal: $0
and Dams 3, 4, 5, 2015 Non-Federal: $0
and 6 and Barren Total: $0
River Lock and
Dam 1 Disposition
------------------------------------------------------------------------
5. FL Port Everglades June 25, 2015 Federal: $220,200,000
Non-Federal: $102,500,000
Total: $322,700,000
------------------------------------------------------------------------
6. AK Little Diomede August 10, Federal: $26,015,000
2015 Non-Federal: $2,945,000
Total: $28,960,000
------------------------------------------------------------------------
7. SC Charleston Harbor September 8, Federal: $224,300,000
2015 Non-Federal: $269,000,000
Total: $493,300,000
------------------------------------------------------------------------
8. AK Craig Harbor March 16, Federal: $29,062,000
2016 Non-Federal: $3,255,000
Total: $32,317,000
------------------------------------------------------------------------
9. PA Upper Ohio River, September 12, Federal: $1,324,235,500
Allegheny and 2016 Non-Federal: $1,324,235,500
Beaver Counties Total: $2,648,471,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Leon Creek June 30, 2014 Federal: $18,314,000
Watershed, San Non-Federal: $9,861,000
Antonio Total: $28,175,000
------------------------------------------------------------------------
2. MO, Armourdale and January 27, Federal: $207,036,000
KS Central 2015 Non-Federal: $111,481,000
Industrial Total: $318,517,000
District Levee
Units, Missouri
River and
Tributaries at
Kansas City
------------------------------------------------------------------------
3. KS City of Manhattan April 30, Federal: $15,440,100
2015 Non-Federal: $8,313,900
Total: $23,754,000
------------------------------------------------------------------------
4. KS Upper Turkey Creek December 22, Federal: $24,584,000
Basin 2015 Non-Federal: $13,238,000
Total: $37,822,000
------------------------------------------------------------------------
5. NC Princeville February 23, Federal: $14,001,000
2016 Non-Federal: $7,539,000
Total: $21,540,000
------------------------------------------------------------------------
6. CA West Sacramento April 26, Federal: $776,517,000
2016 Non-Federal: $414,011,000
Total: $1,190,528,000
------------------------------------------------------------------------
7. CA American River April 26, Federal: $876,478,000
Watershed Common 2016 Non-Federal: $689,272,000
Features Total: $1,565,750,000
------------------------------------------------------------------------
[[Page S5766]]
8. TN Mill Creek, October 15, Federal: $17,759,000
Nashville 2015 Non-Federal: $10,745,000
Total: $28,504,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial Costs
A. State B. Name Chief of and Estimated Renourishment
Engineers Costs
------------------------------------------------------------------------
1. SC Edisto Beach, September 5, Initial Federal:
Colleton County 2014 $13,733,850
Initial Non-Federal:
$7,395,150
Initial Total: $21,129,000
Renourishment Federal:
$16,371,000
Renourishment Non-Federal:
$16,371,000
Renourishment Total:
$32,742,000
------------------------------------------------------------------------
2. FL Flagler County December 23, Initial Federal: $9,218,300
2014 Initial Non-Federal:
$4,963,700
Initial Total: $14,182,000
Renourishment Federal:
$15,390,000
Renourishment Non-Federal:
$15,390,000
Renourishment Total:
$30,780,000
------------------------------------------------------------------------
3. NC Bogue Banks, December 23, Initial Federal:
Carteret County 2014 $24,263,000
Initial Non-Federal:
$13,064,000
Initial Total: $37,327,000
Renourishment Federal:
$114,728,000
Renourishment Non-Federal:
$114,728,000
Renourishment Total:
$229,456,000
------------------------------------------------------------------------
4. NJ Hereford Inlet to January 23, Initial Federal:
Cape May Inlet, 2015 $14,040,000
New Jersey Initial Non-Federal:
Shoreline $7,560,000
Protection Initial Total: $21,600,000
Project, Cape May Renourishment Federal:
County $41,215,000
Renourishment Non-Federal:
$41,215,000
Renourishment Total:
$82,430,000
------------------------------------------------------------------------
5. LA West Shore Lake June 12, 2015 Federal: $466,760,000
Pontchartrain Non-Federal: $251,330,000
Total: $718,090,000
------------------------------------------------------------------------
6. CA Encinitas-Solana April 29, Initial Federal:
Beach Coastal 2016 $20,166,000
Storm Damage Initial Non-Federal:
Reduction $10,858,000
Initial Total: $31,024,000
Renourishment Federal:
$68,215,000
Renourishment Non-Federal:
$68,215,000
Renourishment Total:
$136,430,000
------------------------------------------------------------------------
7. LA Southwest Coastal July 29, 2016 Federal: $2,011,279,000
Louisiana Non-Federal:
$1,082,997,000
Total: $3,094,276,000
------------------------------------------------------------------------
(4) Flood risk management and environmental restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. IL, Upper Des Plaines June 8, 2015 Federal: $199,393,000
WI River and Non-Federal: $107,694,000
Tributaries Total: $307,087,000
------------------------------------------------------------------------
2. CA South San December 18, Federal: $69,521,000
Francisco Bay 2015 Non-Federal: $104,379,000
Shoreline Total: $173,900,000
------------------------------------------------------------------------
[[Page S5767]]
(5) Environmental restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Central Everglades December 23, Federal: $976,375,000
Planning Project, 2014 Non-Federal: $974,625,000
Comprehensive Total: $1,951,000,000
Everglades
Restoration Plan,
Central and
Southern Florida
Project
------------------------------------------------------------------------
2. OR Lower Willamette December 14, Federal: $19,143,000
River 2015 Non-Federal: $10,631,000
Environmental Total: $29,774,000
Dredging
------------------------------------------------------------------------
3. WA Skokomish River December 14, Federal: $12,782,000
2015 Non-Federal: $6,882,000
Total: $19,664,000
------------------------------------------------------------------------
4. CA LA River Ecosystem December 18, Federal: $375,773,000
Restoration 2015 Non-Federal: $980,835,000
Total: $1,356,608,000
------------------------------------------------------------------------
(6) Special rule.--The portion of the Mill Creek Flood Risk
Management project authorized by paragraph (2) that consists
of measures within the Mill Creek Basin shall be carried out
pursuant to section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s).
SEC. 6002. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED
BY THE SECRETARY.
The following project modifications for water resources
development and conservation and other purposes are
authorized to be carried out by the Secretary substantially
in accordance with the recommendations of the Director of
Civil Works, as specified in the reports referred to in this
section:
------------------------------------------------------------------------
C. Date of
A. B. Name Director's D. Updated Authorization
State Report Project Costs
------------------------------------------------------------------------
1. KS, Turkey Creek November 4, 2015 Estimated Federal:
MO Basin $97,067,750
Estimated Non-Federal:
$55,465,250
Total: $152,533,000
------------------------------------------------------------------------
2. MO Blue River Basin November 6, 2015 Estimated Federal:
$34,860,000
Estimated Non-Federal:
$11,620,000
Total: $46,480,000
------------------------------------------------------------------------
3. FL Picayune Strand March 9, 2016 Estimated Federal:
$308,983,000
Estimated Non-Federal:
$308,983,000
Total: $617,967,000
------------------------------------------------------------------------
4. KY Ohio River March 11, 2016 Estimated Federal:
Shoreline $20,309,900
Estimated Non-Federal:
$10,936,100
Total: $31,246,000
------------------------------------------------------------------------
5. TX Houston Ship May 13, 2016 Estimated Federal:
Channel $381,032,000
Estimated Non-Federal:
$127,178,000
Total: $508,210,000
------------------------------------------------------------------------
6. AZ Rio de Flag, June 22, 2016 Estimated Federal:
Flagstaff $65,514,650
Estimated Non-Federal:
$35,322,350
Total: $100,837,000
------------------------------------------------------------------------
7. MO Swope Park April 21, 2016 Estimated Federal:
Industrial Area, $20,205,250
Blue River Estimated Non-Federal:
$10,879,750
Total: $31,085,000
------------------------------------------------------------------------
SEC. 6003. AUTHORIZATION OF STUDY AND MODIFICATION PROPOSALS
SUBMITTED TO CONGRESS BY THE SECRETARY.
(a) Arctic Deep Draft Port Development Partnerships.--
Section 2105 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2243) is amended--
(1) by striking ``(25 U.S.C. 450b))'' each place it appears
and inserting ``(25 U.S.C. 5304)) and a Native village,
Regional Corporation, or Village Corporation (as those terms
are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)''; and
(2) by adding at the end the following:
``(e) Consideration of National Security Interests.--In
carrying out a study of the feasibility of an Arctic deep
draft port, the Secretary--
``(1) shall consult with the Secretary of Homeland Security
and the Secretary of Defense to identify national security
benefits associated with an Arctic deep draft port; and
``(2) if appropriate, as determined by the Secretary, may
determine a port described in paragraph (1) is feasible based
on the benefits described in that paragraph.''.
(b) Ouachita-Black Rivers, Arkansas and Louisiana.--The
Secretary shall conduct a study to determine the feasibility
of modifying the project for navigation, Ouachita-Black
Rivers, authorized by section 101 of the River and Harbor Act
of 1960 (Public Law 86-645; 74 Stat. 481) to include bank
stabilization and water supply as project purposes.
(c) Cache Creek Basin, California.--
(1) In general.--The Secretary shall prepare a general
reevaluation report on the project for flood control, Cache
Creek Basin, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (Public Law 99-662;
100 Stat. 4112).
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall
[[Page S5768]]
identify specific needed modifications to existing project
authorities--
(A) to increase basin capacity;
(B) to decrease the long-term maintenance; and
(C) to provide opportunities for ecosystem benefits for the
Sacramento River flood control project.
(d) Coyote Valley Dam, California.--The Secretary shall
conduct a study to determine the feasibility of carrying out
a project for flood damage reduction, environmental
restoration, and water supply by modifying the Coyote Valley
Dam, California.
(e) Del Rosa Drainage Area, California.--The Secretary
shall conduct a study to determine the feasibility of
carrying out projects for flood control and ecosystem
restoration in the cities of San Bernardino and Highland, San
Bernardino County, California.
(f) Merced County, California.--The Secretary shall prepare
a general reevaluation report on the project for flood
control, Merced County streams project, California,
authorized by section 10 of the Act of December 22, 1944 (58
Stat. 900; chapter 665), to investigate the flood risk
management opportunities and improve levee performance along
Black Rascal Creek and Bear Creek.
(g) Mission-Zanja Drainage Area, California.--The Secretary
shall conduct a study to determine the feasibility of
carrying out projects for flood control and ecosystem
restoration in the cities of Redlands, Loma Linda, and San
Bernardino, California, and unincorporated counties of San
Bernardino County, California.
(h) Santa Ana River Basin, California.--The Secretary shall
conduct a study to determine the feasibility of modifying the
project for flood damage reduction by modifying the San
Jacinto and Bautista Creek Improvement Project, part of the
Santa Ana River Basin Project in Riverside County,
California.
(i) Delaware Bay Coastline, Delaware and New Jersey-
Roosevelt Inlet-Lewes Beach, Delaware.--The Secretary shall
conduct a study to determine the feasibility of modifying the
project for shoreline protection and ecosystem restoration,
Delaware Bay Coastline, Delaware and New Jersey-Roosevelt
Inlet-Lewes Beach, Delaware, authorized by section 101(a)(13)
of the Water Resources Development Act of 1999 (Public Law
106-53; 113 Stat. 276), to extend the authorized project
limit from the current eastward terminus to a distance of
8,000 feet east of the Roosevelt Inlet east jetty.
(j) Mispillion Inlet, Conch Bar, Delaware.--The Secretary
shall conduct a study to determine the feasibility of
carrying out a project for navigation and shoreline
protection at Mispillion Inlet and Conch Bar, Sussex County,
Delaware.
(k) Daytona Beach Flood Protection, Florida.--The Secretary
shall conduct a study to determine the feasibility of
carrying out projects for flood control in the city of
Daytona Beach, Florida.
(l) Brunswick Harbor, Georgia.--The Secretary shall conduct
a study to determine the feasibility of modifying the project
for navigation, Brunswick Harbor, Georgia, authorized by
section 101(a)(19) of the Water Resources and Development Act
of 1999 (Public Law 106-53; 113 Stat. 277)--
(1) to widen the existing bend in the Federal navigation
channel at the intersection of Cedar Hammock and Brunswick
Point Cut Ranges; and
(2) to extend the northwest side of the existing South
Brunswick River Turning Basin.
(m) Savannah River Below Augusta, Georgia.--The Secretary
shall conduct a study to determine the feasibility of
modifying the project for navigation, Savannah River below
Augusta, Georgia, authorized by the first section of the Act
of July 3, 1930 (46 Stat. 924, chapter 847), to include
aquatic ecosystem restoration, water supply, recreation,
sediment management, and flood control as project purposes.
(n) Dubuque, Iowa.--The Secretary shall conduct a study to
determine the feasibility of modifying the project for flood
protection, Dubuque, Iowa, authorized by section 208 of the
Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1086),
to increase the level of flood protection and reduce flood
damages.
(o) Mississippi River Ship Channel, Gulf to Baton Rouge,
Louisiana.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for navigation,
Mississippi River Ship Channel, Gulf to Baton Rouge,
Louisiana, authorized by section 201(a) of the Harbor
Development and Navigation Improvement Act of 1986 (Public
Law 99-662; 100 Stat. 4090), to deepen the channel approaches
and the associated area on the left descending bank of the
Mississippi River between mile 98.3 and mile 100.6 Above Head
of Passes (AHP) to a depth equal to the Channel.
(p) St. Tammany Parish Government Comprehensive Coastal
Master Plan, Louisiana.--The Secretary shall conduct a study
to determine the feasibility of carrying out projects
described in the St. Tammany Parish Comprehensive Coastal
Master Plan for flood control, shoreline protection, and
ecosystem restoration in St. Tammany Parish, Louisiana.
(q) Cayuga Inlet, Ithaca, New York.--The Secretary shall
conduct a study to determine the feasibility of modifying the
project for flood protection, Great Lakes Basin, authorized
by section 203 of the Flood Control Act of 1960 (Public Law
86-645; 74 Stat. 488) to include sediment management as a
project purpose on the Cayuga Inlet, Ithaca, New York.
(r) Chautauqua County, New York.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of carrying out projects for flood
risk management, navigation, environmental dredging, and
ecosystem restoration on the Cattaraugus, Silver Creek, and
Chautauqua Lake tributaries in Chautauqua County, New York.
(2) Evaluation of potential solutions.--In conducting the
study under paragraph (1), the Secretary shall evaluate
potential solutions to flooding from all sources, including
flooding that results from ice jams.
(s) Delaware River Basin, New York, New Jersey,
Pennsylvania, Delaware.--The Secretary shall conduct a study
to determine the feasibility of modifying the operations of
the projects for flood control, Delaware River Basin, New
York, New Jersey, Pennsylvania, and Delaware, authorized by
section 10 of the Flood Control Act of 1946 (60 Stat. 644,
chapter 596), and section 203 of the Flood Control Act of
1962 (Public Law 87-874; 76 Stat. 1182), to enhance
opportunities for ecosystem restoration and water supply.
(t) Cincinnati, Ohio.--
(1) Review.--The Secretary shall review the Central
Riverfront Park Master Plan, dated December 1999, and the
Ohio Riverfront Study, Cincinnati, Ohio, dated August 2002,
to determine the feasibility of carrying out flood risk
reduction, ecosystem restoration, and recreation components
beyond the ecosystem restoration and recreation components
that were undertaken pursuant to section 5116 of the Water
Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1238) as a second phase of that project.
(2) Authorization.--The project authorized under section
5116 of the Water Resources Development Act of 2007 (Public
Law 110-114; 121 Stat. 1238) is modified to authorize the
Secretary to undertake the additional flood risk reduction
and ecosystem restoration components described in paragraph
(1), at a total cost of $30,000,000, if the Secretary
determines that the additional flood risk reduction,
ecosystem restoration, and recreation components, considered
together, are feasible.
(u) Tulsa and West Tulsa, Arkansas River, Oklahoma.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of modifying the projects for flood
risk management, Tulsa and West Tulsa, Oklahoma, authorized
by section 3 of the Act of August 18, 1941 (55 Stat. 645;
chapter 377).
(2) Requirements.--
(A) In general.--In carrying out the study under paragraph
(1), the Secretary shall address project deficiencies,
uncertainties, and significant data gaps, including material,
construction, and subsurface, which render the project at
risk of overtopping, breaching, or system failure.
(B) Addressing deficiencies.--In addressing deficiencies
under subparagraph (A), the Secretary shall incorporate
current design standards and efficiency improvements,
including the replacement of mechanical and electrical
components at pumping stations, if the incorporation does not
significantly change the scope, function, or purpose of the
project.
(3) Prioritization to address significant risks.--In any
case in which a levee or levee system (as defined in section
9002 of the Water Resources Reform and Development Act of
2007 (33 U.S.C. 3301)) is classified as a Class I or II under
the levee safety action classification tool developed by the
Corps of Engineers, the Secretary shall expedite the project
for budget consideration.
(v) Johnstown, Pennsylvania.--The Secretary shall conduct a
study to determine the feasibility of modifying the project
for flood control, Johnstown, Pennsylvania, authorized by the
Act of June 22, 1936 (49 Stat. 1570, chapter 688; 50 Stat.
880) (commonly known as the ``Flood Control Act of 1936''),
to include aquatic ecosystem restoration, recreation,
sediment management, and increase the level of flood control.
(w) Chacon Creek, Texas.--Notwithstanding any other
provision of law (including any resolution of a Committee of
Congress), the study conducted by the Secretary described in
the resolution adopted by the Committee on Transportation and
Infrastructure of the House of Representatives on May 21,
2003, relating to flood damage reduction, environmental
restoration and protection, water conservation and supply,
water quality, and related purposes in the Rio Grande
Watershed below Falcon Dam, shall include the area above
Falcon Dam.
(x) Corpus Christi Ship Channel, Texas.--The Secretary
shall conduct a study to determine the feasibility of
modifying the project for navigation and ecosystem
restoration, Corpus Christi Ship Channel, Texas, authorized
by section 1001(40) of the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1056), to develop and
evaluate alternatives that address navigation problems
directly affecting the Corpus Christi Ship Channel, La Quinta
Channel, and La Quinta Channel Extension, including deepening
the La Quinta Channel, 2 turning basins, and the wye at La
Quinta Junction.
(y) Trinity River and Tributaries, Texas.--
(1) Review.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review the
economic analysis of the Center for Economic Development and
Research of the University of North Texas
[[Page S5769]]
entitled ``Estimated Economic Benefits of the Modified
Central City Project (Trinity River Vision) in Fort Worth,
Texas'' and dated November 2014.
(2) Authorization.--The project for flood control and other
purposes on the Trinity River and tributaries, Texas,
authorized by the River and Harbor Act of 1965 (Public Law
89-298; 79 Stat. 1091), as modified by section 116 the Energy
and Water Development Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2944), is further modified to authorize
the Secretary to carry out projects described in the
recommended plan of the economic analysis described in
paragraph (1), if the Secretary determines, based on the
review referred to in paragraph (1), that--
(A) the economic analysis and the process by which the
economic analysis was developed complies with Federal law
(including regulations) applicable to economic analyses for
water resources development projects; and
(B) based on the economic analysis, the recommended plan in
the supplement to the final environmental impact statement
for the Central City Project, Upper Trinity River entitled
``Final Supplemental No. 1'' is economically justified.
(3) Limitation.--The Federal share of the cost of the
recommended plan described in paragraph (2) shall not exceed
$520,000,000, of which not more than $5,500,000 may be
expended to carry out recreation features of the project.
(z) Chincoteague Island, Virginia.--The Secretary shall
conduct a study to determine the feasibility of carrying out
projects for ecosystem restoration and flood control,
Chincoteague Island, Virginia, authorized by section 8 of
Public Law 89-195 (16 U.S.C. 459f-7) (commonly known as the
``Assateague Island National Seashore Act'') for--
(1) assessing the current and future function of the
barrier island, inlet, and coastal bay system surrounding
Chincoteague Island;
(2) developing an array of options for resource management;
and
(3) evaluating the feasibility and cost associated with
sustainable protection and restoration areas.
(aa) Burley Creek Watershed, Washington.--The Secretary
shall conduct a study to determine the feasibility of
carrying out projects for flood control and aquatic ecosystem
restoration in the Burley Creek Watershed, Washington.
SEC. 6004. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall expedite completion of the reports for
the following projects, in accordance with section 2045 of
the Water Resources Development Act of 2007 (33 U.S.C. 2348),
and, if the Secretary determines that a project is justified
in the completed report, proceed directly to project
preconstruction, engineering, and design in accordance with
section 910 of the Water Resources Development Act of 1986
(33 U.S.C. 2287):
(1) The project for navigation, St. George Harbor, Alaska.
(2) The project for flood risk management, Rahway River
Basin, New Jersey.
(3) The Hudson-Raritan Estuary Comprehensive Restoration
Project.
(4) The project for navigation, Mobile Harbor, Alabama.
SEC. 6005. EXTENSION OF EXPEDITED CONSIDERATION IN SENATE.
Section 7004(b)(4) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1374)
is amended by striking ``2018'' and inserting ``2020''.
SEC. 6006. GAO STUDY ON CORPS OF ENGINEERS METHODOLOGY AND
PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a study of the methodologies
and performance metrics used by the Corps of Engineers to
calculate benefit-to-cost ratios and evaluate construction
projects.
(b) Considerations.--The study under subsection (a) shall
address--
(1) whether and to what extent the current methodologies
and performance metrics place small and rural geographic
areas at a competitive disadvantage;
(2) whether the value of property for which damage would be
prevented as a result of a flood risk management project is
the best measurement for the primary input in benefit-to-cost
calculations for flood risk management projects;
(3) any recommendations for approaches to modify the
metrics used to improve benefit-to-cost ratio results for
small and rural geographic areas; and
(4) whether a reevaluation of existing approaches and the
primary criteria used to calculate the economic benefits of a
Corps of Engineers construction project could provide greater
construction project completion results for small and rural
geographic areas without putting a strain on the budget of
the Corps of Engineers.
SEC. 6007. INVENTORY ASSESSMENT.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete the assessment and
inventory required under section 6002(a) of the Water
Resources Reform and Development Act of 2014 (Public Law 113-
121; 128 Stat. 1349).
SEC. 6008. SAINT LAWRENCE SEAWAY MODERNIZATION.
(a) Definitions.--In this section:
(1) Great lakes region.--The term ``Great Lakes region''
means the region comprised of the Great Lakes States.
(2) Great lakes states.--The term ``Great Lakes States''
means each of the States of Illinois, Indiana, Michigan,
Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.
(3) Seaway.--The term ``Seaway'' means the Saint Lawrence
Seaway.
(b) Study.--
(1) In general.--The Comptroller General, in cooperation
with appropriate Federal, State, and local authorities, shall
conduct a study to--
(A) assess the condition of the Seaway; and
(B) evaluate options available in the 21st century for
modernizing the Seaway as a globally significant
transportation corridor.
(2) Scope of study.--In conducting the study under
paragraph (1), the Comptroller General shall--
(A) assess the condition of the Seaway and the capacity of
the Seaway to drive commerce and other economic activity in
the Great Lakes region;
(B) detail the importance of the Seaway to the functioning
of the United States economy, with an emphasis on the
domestic manufacturing sector, including the domestic steel
manufacturing industry;
(C) evaluate options--
(i) to modernize physical navigation infrastructure,
facilities, and related assets not operated or maintained by
the Secretary along the corridor of the Seaway, including an
assessment of alternative means for the Great Lakes region to
finance large-scale initiatives;
(ii) to increase exports of domestically produced goods and
study the trade balance and regional economic impact of the
possible increase in imports of agricultural products, steel,
aggregates, and other goods commonly transported through the
Seaway;
(iii) increase economic activity and development in the
Great Lakes region by advancing the multimodal transportation
and economic network in the region;
(iv) ensure the competitiveness of the Seaway as a
transportation corridor in an increasingly integrated global
transportation network; and
(v) attract tourists to the Great Lakes region by improving
attractions and removing barriers to tourism and travel
throughout the Seaway; and
(D) evaluate the existing and potential financing
authorities of the Seaway as compared to other Federal
agencies and instrumentalities with development
responsibilities.
(3) Deadline.--The Comptroller General shall complete the
study under paragraph (1) as soon as practicable and not
later than 2 years after the date of enactment of this Act.
(4) Coordination.--The Comptroller General shall conduct
the study under paragraph (1) with input from representatives
of the Saint Lawrence Seaway Development Corporation, the
Economic Development Administration, the Coast Guard, the
Corps of Engineers, the Department of Homeland Security, and
State and local entities (including port authorities
throughout the Seaway).
(5) Report.--The Comptroller General shall submit to
Congress a report on the results of the study under paragraph
(1) not later than the earlier of--
(A) the date that is 180 days after the date on which the
study is completed; or
(B) the date that is 30 months after the date of enactment
of this Act.
SEC. 6009. YAZOO BASIN, MISSISSIPPI.
The authority of the Secretary to carry out the project for
flood damage reduction, bank stabilization, and sediment and
erosion control known as the ``Yazoo Basin, Mississippi,
Mississippi Delta Headwater Project, MS'', authorized by
title I of Public Law 98-8 (97 Stat. 22), as amended, shall
not be limited to watersheds referenced in reports
accompanying appropriations bills for previous fiscal years.
TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE
SEC. 7001. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
SEC. 7002. SENSE OF THE SENATE ON APPROPRIATIONS LEVELS AND
FINDINGS ON ECONOMIC IMPACTS.
(a) Sense of the Senate.--It is the sense of the Senate
that Congress should provide robust funding for the State
drinking water treatment revolving loan funds established
under section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) and the State water pollution control revolving
funds established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.).
(b) Findings.--Congress finds, based on an analysis
sponsored by the Water Environment Federation and the
WateReuse Association of the nationwide impact of State
revolving loan fund spending using the IMPLAN economic model
developed by the Federal Government, that, in addition to the
public health and environmental benefits, the Federal
investment in safe drinking water and clean water provides
the following benefits:
(1) Generation of significant Federal tax revenue, as
evidenced by the following:
(A) Every dollar of a Federal capitalization grant returns
$0.21 to the general fund of the Treasury in the form of
Federal taxes and, when additional spending from the State
revolving loan funds is considered to be the result of
leveraging the Federal investment,
[[Page S5770]]
every dollar of a Federal capitalization grant returns $0.93
in Federal tax revenue.
(B) A combined $34,700,000,000 in capitalization grants for
the clean water and state drinking water state revolving loan
funds described in subsection (a) over a period of 5 years
would generate $7,430,000,000 in Federal tax revenue and,
when additional spending from the State revolving loan funds
is considered to be the result of leveraging the Federal
investment, the Federal investment will result in
$32,300,000,000 in Federal tax revenue during that 5-year
period.
(2) An increase in employment, as evidenced by the
following:
(A) Every $1,000,000 in State revolving loan fund spending
generates 16\1/2\ jobs.
(B) $34,700,000,000 in Federal capitalization grants for
State revolving loan funds over a period of 5 years would
result in 506,000 jobs.
(3) An increase in economic output:
(A) Every $1,000,000 in State revolving loan fund spending
results in $2,950,000 in output for the economy of the United
States.
(B) $34,700,000,000 in Federal capitalization grants for
State revolving loan funds over a period of 5 years will
generate $102,700,000,000 in total economic output.
Subtitle A--Drinking Water
SEC. 7101. PRECONSTRUCTION WORK.
Section 1452(a)(2) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(2)) is amended--
(1) by designating the first, second, third, fourth, and
fifth sentences as subparagraphs (A), (B), (D), (E), and (F),
respectively;
(2) in subparagraph (B) (as designated by paragraph (1)) by
striking ``(not'' and inserting ``(including expenditures for
planning, design, and associated preconstruction activities,
including activities relating to the siting of the facility,
but not''; and
(3) by inserting after subparagraph (B) (as designated by
paragraph (1)) the following:
``(C) Sale of bonds.--Funds may also be used by a public
water system as a source of revenue (restricted solely to
interest earnings of the applicable State loan fund) or
security for payment of the principal and interest on revenue
or general obligation bonds issued by the State to provide
matching funds under subsection (e), if the proceeds of the
sale of the bonds will be deposited in the State loan
fund.''.
SEC. 7102. PRIORITY SYSTEM REQUIREMENTS.
Section 1452(b)(3) of the Safe Drinking Water Act (42
U.S.C. 300j-12(b)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
(2) by striking subparagraph (A) and inserting the
following:
``(A) Definition of restructuring.--In this paragraph, the
term `restructuring' means changes in operations (including
ownership, cooperative partnerships, asset management,
consolidation, and alternative water supply).
``(B) Priority system.--An intended use plan shall provide,
to the maximum extent practicable, that priority for the use
of funds be given to projects that--
``(i) address the most serious risk to human health;
``(ii) are necessary to ensure compliance with this title
(including requirements for filtration);
``(iii) assist systems most in need on a per-household
basis according to State affordability criteria; and
``(iv) improve the sustainability of systems.
``(C) Weight given to applications.--After determining
project priorities under subparagraph (B), an intended use
plan shall provide that the State shall give greater weight
to an application for assistance by a community water system
if the application includes such information as the State
determines to be necessary and contains--
``(i) a description of utility management best practices
undertaken by a treatment works applying for assistance,
including--
``(I) an inventory of assets, including any lead service
lines, and a description of the condition of the assets;
``(II) a schedule for replacement of assets;
``(III) a financing plan that factors in all lifecycle
costs indicating sources of revenue from ratepayers, grants,
bonds, other loans, and other sources to meet the costs; and
``(IV) a review of options for restructuring the public
water system;
``(ii) demonstration of consistency with State, regional,
and municipal watershed plans;
``(iii) a water conservation plan consistent with
guidelines developed for those plans by the Administrator
under section 1455(a); and
``(iv) approaches to improve the sustainability of the
system, including--
``(I) water efficiency or conservation, including the
rehabilitation or replacement of existing leaking pipes;
``(II) use of reclaimed water;
``(III) actions to increase energy efficiency; and
``(IV) implementation of plans to protect source water
identified in a source water assessment under section
1453.''; and
(3) in subparagraph (D) (as redesignated by paragraph (1)),
by striking ``periodically'' and inserting ``at least
biennially''.
SEC. 7103. ADMINISTRATION OF STATE LOAN FUNDS.
Section 1452(g)(2) of the Safe Drinking Water Act (42
U.S.C. 300j-12(g)(2)) is amended--
(1) in the first sentence, by striking ``up to 4 percent of
the funds allotted to the State under this section'' and
inserting ``, for each fiscal year, an amount that does not
exceed the sum of the amount of any fees collected by the
State for use in covering reasonable costs of administration
of programs under this section, regardless of the source, and
an amount equal to the greatest of $400,000, \1/5\ percent of
the current valuation of the fund, or 4 percent of all grant
awards to the fund under this section for the fiscal year,'';
and
(2) by striking ``1419,'' and all that follows through
``1993.'' and inserting ``1419.''.
SEC. 7104. OTHER AUTHORIZED ACTIVITIES.
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C.
300j-12(k)) is amended--
(1) in paragraph (1)(D), by inserting before the period at
the end the following: ``and the implementation of plans to
protect source water identified in a source water assessment
under section 1453''; and
(2) in paragraph (2)(E), by inserting after ``wellhead
protection programs'' the following: ``and implement plans to
protect source water identified in a source water assessment
under section 1453''.
SEC. 7105. NEGOTIATION OF CONTRACTS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended by adding at the end the following:
``(s) Negotiation of Contracts.--For communities with
populations of more than 10,000 individuals, a contract to be
carried out using funds directly made available by a
capitalization grant under this section for program
management, construction management, feasibility studies,
preliminary engineering, design, engineering, surveying,
mapping, or architectural or related services shall be
negotiated in the same manner as--
``(1) a contract for architectural and engineering services
is negotiated under chapter 11 of title 40, United States
Code; or
``(2) an equivalent State qualifications-based requirement
(as determined by the Governor of the State).''.
SEC. 7106. ASSISTANCE FOR SMALL AND DISADVANTAGED
COMMUNITIES.
(a) In General.--Part E of the Safe Drinking Water Act (42
U.S.C. 300j et seq.) is amended by adding at the end the
following:
``SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED
COMMUNITIES.
``(a) Definition of Underserved Community.--In this
section:
``(1) In general.--The term `underserved community' means a
local political subdivision that, as determined by the
Administrator, has an inadequate drinking water or wastewater
system.
``(2) Inclusions.--The term `underserved community'
includes a local political subdivision that either, as
determined by the Administrator--
``(A) does not have household drinking water or wastewater
services; or
``(B) has a drinking water system that fails to meet
health-based standards under this Act, including--
``(i) a maximum contaminant level for a primary drinking
water contaminant;
``(ii) a treatment technique violation; and
``(iii) an action level exceedance.
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
program under which grants are provided to eligible entities
for use in carrying out projects and activities the primary
purposes of which are to assist public water systems in
meeting the requirements of this Act.
``(2) Inclusions.--Projects and activities under paragraph
(1) include--
``(A) infrastructure investments necessary to comply with
the requirements of this Act,
``(B) assistance that directly and primarily benefits the
disadvantaged community on a per-household basis, and
``(C) programs to provide household water quality testing,
including testing for unregulated contaminants.
``(c) Eligible Entities.--An entity eligible to receive a
grant under this section--
``(1) is--
``(A) a public water system as defined in section 1401;
``(B) a system that is located in an area governed by an
Indian Tribe (as defined in section 1401); or
``(C) a State, on behalf of an underserved community; and
``(2) serves a community that, under affordability criteria
established by the State under section 1452(d)(3), is
determined by the State--
``(A) to be a disadvantaged community;
``(B) to be a community that may become a disadvantaged
community as a result of carrying out an eligible activity;
or
``(C) to serve a community with a population of less than
10,000 individuals that the Administrator determines does not
have the capacity to incur debt sufficient to finance the
project under subsection (b).
``(d) Priority.--In prioritizing projects for
implementation under this section, the Administrator shall
give priority to systems that serve underserved communities.
``(e) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall
consult with, and consider the priorities of, affected
States, Indian Tribes, and local governments.
``(f) Technical, Managerial, and Financial Capability.--The
Administrator may provide assistance to increase the
technical, managerial, and financial capability of an
eligible entity receiving a grant under this section if the
Administrator determines that the eligible entity lacks
appropriate technical, managerial, and financial capability.
``(g) Cost Sharing.--Before carrying out any project under
this section, the Administrator shall enter into a binding
agreement
[[Page S5771]]
with 1 or more non-Federal interests that shall require the
non-Federal interests--
``(1) to pay not less than 45 percent of the total costs of
the project, which may include services, materials, supplies,
or other in-kind contributions;
``(2) to provide any land, easements, rights-of-way, and
relocations necessary to carry out the project; and
``(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
``(h) Waiver.--The Administrator may waive the requirement
to pay the non-Federal share of the cost of carrying out an
eligible activity using funds from a grant provided under
this section if the Administrator determines that an eligible
entity is unable to pay, or would experience significant
financial hardship if required to pay, the non-Federal share.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $230,000,000 for fiscal year 2017; and
``(2) $300,000,000 for each of fiscal years 2018 through
2021.''.
(b) Funding.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Administrator to provide grants to eligible
entities under section 1459A of the Safe Drinking Water Act
(as added by subsection (a)), $20,000,000, to remain
available until expended.
SEC. 7107. REDUCING LEAD IN DRINKING WATER.
(a) In General.--Part E of the Safe Drinking Water Act (42
U.S.C. 300j et seq.) (as amended by section 7106) is amended
by adding at the end the following:
``SEC. 1459B. REDUCING LEAD IN DRINKING WATER.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a community water system;
``(B) a system located in an area governed by an Indian
Tribe;
``(C) a nontransient noncommunity water system;
``(D) a qualified nonprofit organization, as determined by
the Administrator; and
``(E) a municipality or State, interstate, or
intermunicipal agency.
``(2) Lead reduction project.--
``(A) In general.--The term `lead reduction project' means
a project or activity the primary purpose of which is to
reduce the level of lead in water for human consumption by--
``(i) replacement of publicly owned lead service lines;
``(ii) testing, planning, or other relevant activities, as
determined by the Administrator, to identify and address
conditions (including corrosion control) that contribute to
increased lead levels in water for human consumption;
``(iii) assistance to low-income homeowners to replace
privately owned service lines, pipes, fittings, or fixtures
that contain lead; and
``(iv) education of consumers regarding measures to reduce
exposure to lead from drinking water or other sources.
``(B) Limitation.--The term `lead reduction project' does
not include a partial lead service line replacement if, at
the conclusion of the service line replacement, drinking
water is delivered to a household through a publicly or
privately owned portion of a lead service line.
``(3) Low-income.--The term `low-income', with respect to
an individual provided assistance under this section, has
such meaning as may be given the term by the head of the
municipality or State, interstate, or intermunicipal agency
with jurisdiction over the area to which assistance is
provided.
``(4) Municipality.--The term `municipality' means--
``(A) a city, town, borough, county, parish, district,
association, or other public entity established by, or
pursuant to, applicable State law; and
``(B) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
``(b) Grant Program.--
``(1) Establishment.--The Administrator shall establish a
grant program to provide assistance to eligible entities for
lead reduction projects in the United States.
``(2) Precondition.--As a condition of receipt of
assistance under this section, before receiving the
assistance the eligible entity shall take steps to identify--
``(A) the source of lead in water for human consumption;
and
``(B) the means by which the proposed lead reduction
project would reduce lead levels in the applicable water
system.
``(3) Priority application.--In providing grants under this
subsection, the Administrator shall give priority to an
eligible entity that--
``(A) the Administrator determines, based on affordability
criteria established by the State under section 1452(d)(3),
to be a disadvantaged community; and
``(B) proposes to--
``(i) carry out a lead reduction project at a public water
system or nontransient noncommunity water system that has
exceeded the lead action level established by the
Administrator at any time during the 3-year period preceding
the date of submission of the application of the eligible
entity;
``(ii) address lead levels in water for human consumption
at a school, daycare, or other facility that primarily serves
children or other vulnerable human subpopulation; or
``(iii) address such priority criteria as the Administrator
may establish, consistent with the goal of reducing lead
levels of concern.
``(4) Cost sharing.--
``(A) In general.--Subject to subparagraph (B), the non-
Federal share of the total cost of a project funded by a
grant under this subsection shall be not less than 20
percent.
``(B) Waiver.--The Administrator may reduce or eliminate
the non-Federal share under subparagraph (A) for reasons of
affordability, as the Administrator determines to be
appropriate.
``(5) Low-income assistance.--
``(A) In general.--Subject to subparagraph (B), an eligible
entity may use a grant provided under this subsection to
provide assistance to low-income homeowners to carry out lead
reduction projects.
``(B) Limitation.--The amount of a grant provided to a low-
income homeowner under this paragraph shall not exceed the
cost of replacement of the privately owned portion of the
service line.
``(6) Special consideration for lead service line
replacement.--In carrying out lead service line replacement
using a grant under this subsection, an eligible entity
shall--
``(A) notify customers of the replacement of any publicly
owned portion of the lead service line;
``(B) in the case of a homeowner who is not low-income,
offer to replace the privately owned portion of the lead
service line at the cost of replacement;
``(C) in the case of a low-income homeowner, offer to
replace the privately owned portion of the lead service line
and any pipes, fitting, and fixtures that contain lead at a
cost that is equal to the difference between--
``(i) the cost of replacement; and
``(ii) the amount of low-income assistance available to the
homeowner under paragraph (5);
``(D) notify each customer that a planned replacement of
any publicly owned portion of a lead service line that is
funded by a grant made under this subsection will not be
carried out unless the customer agrees to the simultaneous
replacement of the privately owned portion of the lead
service line; and
``(E) demonstrate that the eligible entity has considered
options for reducing lead in drinking water, including an
evaluation of options for corrosion control.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $60,000,000 for
each of fiscal years 2017 through 2021.''.
(b) Funding.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Administrator to provide grants to eligible
entities under this section under section 1459B of the Safe
Drinking Water Act (as added by subsection (a)), $20,000,000,
to remain available until expended.
SEC. 7108. REGIONAL LIAISONS FOR MINORITY, TRIBAL, AND LOW-
INCOME COMMUNITIES.
(a) In General.--The Administrator shall appoint not fewer
than 1 employee in each regional office of the Environmental
Protection Agency to serve as a liaison to minority, tribal,
and low-income communities in the relevant region.
(b) Public Identification.--The Administrator shall
identify each regional liaison selected under subsection (a)
on the website of--
(1) the relevant regional office of the Environmental
Protection Agency; and
(2) the Office of Environmental Justice of the
Environmental Protection Agency.
SEC. 7109. NOTICE TO PERSONS SERVED.
(a) Exceedance of Lead Action Level.--Section 1414(c) of
the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Notice of any exceedance of a lead action level or
any other prescribed level of lead in a regulation issued
under section 1412, including the concentrations of lead
found in a monitoring activity.'';
(2) in paragraph (2)--
(A) in subparagraph (C)--
(i) in clause (iii)--
(I) by striking ``Administrator or'' and inserting
``Administrator, the Director of the Centers for Disease
Control and Prevention, and, if applicable,''; and
(II) by inserting ``and the appropriate State and county
health agencies'' after ``1413'';
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(C) by inserting after subparagraph (C) the following:
``(D) Exceedance of lead action level.--Regulations issued
under subparagraph (A) shall specify notification procedures
for an exceedance of a lead action level or any other
prescribed level of lead in a regulation issued under section
1412.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) Notification of the public relating to lead.--
``(A) Exceedance of lead action level.--Not later than 15
days after the date of an exceedance of a lead action level
or any other prescribed level of lead in a regulation issued
under section 1412, the Administrator shall notify the public
of the concentrations
[[Page S5772]]
of lead found in the monitoring activity conducted by the
public water system if the public water system or the State
does not notify the public of the concentrations of lead
found in a monitoring activity.
``(B) Results of lead monitoring.--
``(i) In general.--The Administrator may provide notice of
any result of lead monitoring conducted by a public water
system to--
``(I) any person that is served by the public water system;
or
``(II) the local or State health department of a locality
or State in which the public water system is located.
``(ii) Form of notice.--The Administrator may provide the
notice described in clause (i) by--
``(I) press release; or
``(II) other form of communication, including local media.
``(C) Privacy.--Notice to the public shall protect the
privacy of individual customer information.''; and
(5) by adding at the end the following:
``(6) Strategic plan.--Not later than 120 days after the
date of enactment of this paragraph, the Administrator, in
collaboration with States and owners and operators of public
water systems, shall establish a strategic plan for how the
Administrator, a State with primary enforcement
responsibility, and the owners and operators of public water
systems shall conduct targeted outreach, education, technical
assistance, and risk communication to populations affected by
lead in a public water system.''.
(b) Conforming Amendments.--Section 1414(c) of the Safe
Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in paragraph (1)(C), by striking ``paragraph (2)(E)''
and inserting ``paragraph (2)(F)'';
(2) in paragraph (2)(B)(i)(II), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)''; and
(3) in paragraph (4)(B) (as redesignated by subsection
(a)(3)), in the first sentence, by striking ``(D)'' and
inserting ``(E)''.
SEC. 7110. ELECTRONIC REPORTING OF DRINKING WATER DATA.
Section 1414 of the Safe Drinking Water Act (42 U.S.C.
300g-3) is amended by adding at the end the following:
``(j) Electronic Reporting of Compliance Monitoring Data.--
``(1) In general.--The Administrator shall require
electronic submission of available compliance monitoring
data, if practicable--
``(A) by public water systems (or a certified laboratory on
behalf of a public water system)--
``(i) to the Administrator; or
``(ii) with respect to a public water system in a State
that has primary enforcement responsibility under section
1413, to that State; and
``(B) by each State that has primary enforcement
responsibility under section 1413 to the Administrator, as a
condition on the receipt of funds under this Act.
``(2) Considerations.--In determining whether the
requirement referred to in paragraph (1) is practicable, the
Administrator shall consider--
``(A) the ability of a public water system (or a certified
laboratory on behalf of a public water system) or a State to
meet the requirements of sections 3.1 through 3.2000 of title
40, Code of Federal Regulations (or successor regulations);
``(B) information system compatibility;
``(C) the size of the public water system; and
``(D) the size of the community served by the public water
system.''.
SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD CARE DRINKING
WATER.
(a) In General.--Section 1464 of the Safe Drinking Water
Act (42 U.S.C. 300j-24) is amended by striking subsection (d)
and inserting the following:
``(d) Voluntary School and Child Care Lead Testing Grant
Program.--
``(1) Definitions.--In this subsection:
``(A) Child care program.--The term `child care program'
has the meaning given the term `early childhood education
program' in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003).
``(B) Local educational agency.--The term `local
educational agency' means--
``(i) a local educational agency (as defined in section
8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801));
``(ii) a tribal education agency (as defined in section 3
of the National Environmental Education Act (20 U.S.C.
5502)); and
``(iii) an operator of a child care program facility
licensed under State law.
``(2) Establishment.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Water Resources Development Act of 2016,
the Administrator shall establish a voluntary school and
child care lead testing grant program to make grants
available to States to assist local educational agencies in
voluntary testing for lead contamination in drinking water at
schools and child care programs under the jurisdiction of the
local educational agencies.
``(B) Grants to local educational agencies.--The
Administrator may make grants directly available to local
educational agencies for the voluntary testing described in
subparagraph (A) in--
``(i) any State that does not participate in the voluntary
school and child care lead testing grant program established
under that subparagraph; and
``(ii) any direct implementation area.
``(3) Application.--To be eligible to receive a grant under
this subsection, a State or local educational agency shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require.
``(4) Limitation on use of funds.--Not more than 4 percent
of grant funds accepted under this subsection shall be used
to pay the administrative costs of carrying out this
subsection.
``(5) Guidance; public availability.--As a condition of
receiving a grant under this subsection, the State or local
educational agency shall ensure that each local educational
agency to which grant funds are distributed shall--
``(A) expend grant funds in accordance with--
``(i) the guidance of the Environmental Protection Agency
entitled `3Ts for Reducing Lead in Drinking Water in Schools:
Revised Technical Guidance' and dated October 2006 (or any
successor guidance); or
``(ii) applicable State regulations or guidance regarding
reducing lead in drinking water in schools and child care
programs that is not less stringent than the guidance
referred to in clause (i); and
``(B)(i) make available in the administrative offices, and
to the maximum extent practicable, on the Internet website,
of the local educational agency for inspection by the public
(including teachers, other school personnel, and parents) a
copy of the results of any voluntary testing for lead
contamination in school and child care program drinking water
that is carried out with grant funds under this subsection;
and
``(ii) notify parent, teacher, and employee organizations
of the availability of the results described in clause (i).
``(6) Maintenance of effort.--If resources are available to
a State or local educational agency from any other Federal
agency, a State, or a private foundation for testing for lead
contamination in drinking water, the State or local
educational agency shall demonstrate that the funds provided
under this subsection will not displace those resources.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000
for each of fiscal years 2017 through 2021.''.
(b) Repeal.--Section 1465 of the Safe Drinking Water Act
(42 U.S.C. 300j-25) is repealed.
SEC. 7112. WATERSENSE PROGRAM.
The Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding after Part F the following:
``PART G--ADDITIONAL PROVISIONS
``SEC. 1471. WATERSENSE PROGRAM.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the Agency a
voluntary WaterSense program to identify and promote water-
efficient products, buildings, landscapes, facilities,
processes, and services that, through voluntary labeling of,
or other forms of communications regarding, products,
buildings, landscapes, facilities, processes, and services
while meeting strict performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community water
systems and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations.
``(2) Inclusions.--The Administrator shall, consistent with
this section, identify water-efficient products, buildings,
landscapes, facilities, processes, and services, including
categories such as--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions that
reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator, coordinating as
appropriate with the Secretary of Energy, shall--
``(1) establish--
``(A) a WaterSense label to be used for items meeting the
certification criteria established in accordance with this
section; and
``(B) the procedure, including the methods and means, and
criteria by which an item may be certified to display the
WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services labeled with the WaterSense label
perform as well or better than less water-efficient
counterparts;
``(B) overseeing WaterSense certifications made by third
parties;
``(C) as determined appropriate by the Administrator, using
testing protocols, from
[[Page S5773]]
the appropriate, applicable, and relevant consensus
standards, for the purpose of determining standards
compliance; and
``(D) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse; and
``(4) not more than 6 years after adoption or major
revision of any WaterSense specification, review and, if
appropriate, revise the specification to achieve additional
water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested parties and
the public of any changes, including effective dates, and an
explanation of the changes;
``(B) solicit comments from interested parties and the
public prior to any changes;
``(C) as appropriate, respond to comments submitted by
interested parties and the public; and
``(D) provide an appropriate transition time prior to the
applicable effective date of any changes, taking into account
the timing necessary for the manufacture, marketing,
training, and distribution of the specific water-efficient
product, building, landscape, process, or service category
being addressed; and
``(6) not later than December 31, 2018, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the
maximum extent practicable and not less than annually,
regularly estimate and make available to the public the
production and relative market shares and savings of water,
energy, and capital costs of water, wastewater, and
stormwater attributable to the use of WaterSense-labeled
products, buildings, landscapes, facilities, processes, and
services.
``(d) Distinction of Authorities.--In setting or
maintaining specifications for Energy Star pursuant to
section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a), and WaterSense under this section, the
Secretary of Energy and Administrator shall coordinate to
prevent duplicative or conflicting requirements among the
respective programs.
``(e) No Warranty.--A WaterSense label shall not create an
express or implied warranty.''.
SEC. 7113. WATER SUPPLY COST SAVINGS.
(a) Findings.--Congress finds that--
(1) the United States is facing a drinking water
infrastructure funding crisis;
(2) the Environmental Protection Agency projects a
shortfall of approximately $384,000,000,000 in funding for
drinking water infrastructure from 2015 to 2035 and this
funding challenge is particularly acute in rural communities
in the United States;
(3) there are approximately 52,000 community water systems
in the United States, of which nearly 42,000 are small
community water systems;
(4) the Drinking Water Needs Survey conducted by the
Environmental Protection Agency in 2011 placed the shortfall
in drinking water infrastructure funding for small
communities, which consist of 3,300 or fewer persons, at
$64,500,000,000;
(5) small communities often cannot finance the construction
and maintenance of drinking water systems because the cost
per resident for the investment would be prohibitively
expensive;
(6) drought conditions have placed significant strains on
existing surface water supplies;
(7) many communities across the United States are
considering the use of groundwater and community well systems
to provide drinking water; and
(8) approximately 42,000,000 people in the United States
receive drinking water from individual wells and millions
more rely on community well systems for drinking water.
(b) Sense of the Senate.--It is the sense of the Senate
that providing rural communities with the knowledge and
resources necessary to fully use alternative drinking water
systems, including wells and community well systems, can
provide safe and affordable drinking water to millions of
people in the United States.
(c) Drinking Water Technology Clearinghouse.--The
Administrator and the Secretary of Agriculture shall--
(1) update existing programs of the Environmental
Protection Agency and the Department of Agriculture designed
to provide drinking water technical assistance to include
information on cost-effective, innovative, and alternative
drinking water delivery systems, including systems that are
supported by wells; and
(2) disseminate information on the cost effectiveness of
alternative drinking water delivery systems, including wells
and well systems, to communities and not-for-profit
organizations seeking Federal funding for drinking water
systems serving 500 or fewer persons.
(d) Water System Assessment.--Notwithstanding any other
provision of law, in any application for a grant or loan from
the Federal Government or a State that is using Federal
assistance for a drinking water system serving 500 or fewer
persons, a unit of local government or not-for-profit
organization shall self-certify that the unit of local
government or organization has considered, as an alternative
drinking water supply, drinking water delivery systems
sourced by publicly owned--
(1) individual wells;
(2) shared wells; and
(3) community wells.
(e) Report to Congress.--Not later than 3 years after the
date of enactment of this Act, the Administrator and the
Secretary of Agriculture shall submit to Congress a report
that describes--
(1) the use of innovative and alternative drinking water
systems described in this section;
(2) the range of cost savings for communities using
innovative and alternative drinking water systems described
in this section; and
(3) the use of drinking water technical assistance programs
operated by the Administrator and the Secretary of
Agriculture.
SEC. 7114. SMALL SYSTEM TECHNICAL ASSISTANCE.
Section 1452(q) of the Safe Drinking Water Act (42 U.S.C.
300j-12(q)) is amended by striking ``appropriated'' and all
that follows through ``2003'' and inserting ``made available
for each of fiscal years 2016 through 2021''.
SEC. 7115. DEFINITION OF INDIAN TRIBE.
Section 1401(14) of the Safe Drinking Water Act (42 U.S.C.
300(f)(14)) is amended by striking ``section 1452'' and
inserting ``sections 1452, 1459A, and 1459B''.
SEC. 7116. TECHNICAL ASSISTANCE FOR TRIBAL WATER SYSTEMS.
(a) Technical Assistance.--Section 1442(e)(7) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(e)(7)) is amended by
striking ``Tribes'' and inserting ``tribes, including grants
to provide training and operator certification services under
section 1452(i)(5)''.
(b) Indian Tribes.--Section 1452(i) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(i)) is amended--
(1) in paragraph (1), in the first sentence, by striking
``Tribes and Alaska Native villages'' and inserting ``tribes,
Alaska Native villages, and, for the purpose of carrying out
paragraph (5), intertribal consortia or tribal
organizations''; and
(2) by adding at the end the following:
``(5) Training and operator certification.--
``(A) In general.--The Administrator may use funds made
available under this subsection and section 1442(e)(7) to
make grants to intertribal consortia or tribal organizations
for the purpose of providing operations and maintenance
training and operator certification services to Indian
tribes.
``(B) Eligible tribal organizations.--An intertribal
consortium or tribal organization eligible for a grant under
subparagraph (A) is an intertribal consortium or tribal
organization that--
``(i) is the most qualified to provide training and
technical assistance to Indian tribes; and
``(ii) Indian tribes determine to be the most beneficial
and effective.''.
SEC. 7117. REQUIREMENT FOR THE USE OF AMERICAN MATERIALS.
Section 1452(a) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)) is amended by adding at the end the following:
``(4) Requirement for the use of american materials.--
``(A) Definition of iron and steel products.--In this
paragraph, the term `iron and steel products' means the
following products made, in part, of iron or steel:
``(i) Lined or unlined pipe and fittings.
``(ii) Manhole covers and other municipal castings.
``(iii) Hydrants.
``(iv) Tanks.
``(v) Flanges.
``(vi) Pipe clamps and restraints.
``(vii) Valves.
``(viii) Structural steel.
``(ix) Reinforced precast concrete.
``(x) Construction materials.
``(B) Requirement.--Except as provided in subparagraph (C),
funds made available by a State loan fund authorized under
this section may not be used for a project for the
construction, alteration, maintenance, or repair of a public
water system unless all the iron and steel products used in
the project are produced in the United States.
``(C) Exception.--Subparagraph (B) shall not apply in any
case or category of cases in which the Administrator finds
that--
``(i) applying subparagraph (B) would be inconsistent with
the public interest;
``(ii) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(iii) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
product by more than 25 percent.
``(D) Public notice; written justification.--
``(i) Public notice.--If the Administrator receives a
request for a waiver under this paragraph, the Administrator
shall--
``(I) make available to the public on an informal basis,
including on the public website of the Administrator--
``(aa) a copy of the request; and
``(bb) any information available to the Administrator
regarding the request; and
``(II) provide notice of, and opportunity for informal
public comment on, the request for a period of not less than
15 days before making a finding under subparagraph (C).
``(ii) Written justification.--If, after the period
provided under clause (i), the Administrator makes a finding
under subparagraph (C), the Administrator shall publish in
the Federal Register a written justification as to why
subparagraph (B) is being waived.
[[Page S5774]]
``(E) Application.--This paragraph shall be applied in a
manner consistent with United States obligations under
international agreements.
``(F) Management and oversight.--The Administrator may use
not more than 0.25 percent of any funds made available to
carry out this title for management and oversight of the
requirements of this paragraph.''.
Subtitle B--Clean Water
SEC. 7201. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) in subsection (a), by striking the subsection
designation and heading and all that follows through
``subject to subsection (g), the Administrator may'' in
paragraph (2) and inserting the following:
``(a) Authority.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to a municipality or municipal entity for planning,
designing, and constructing--
``(A) treatment works to intercept, transport, control, or
treat municipal combined sewer overflows and sanitary sewer
overflows; and
``(B) measures to manage, reduce, treat, or recapture
stormwater or subsurface drainage water; and
``(2) subject to subsection (g),'';
(2) in subsection (b)--
(A) in paragraph (1), by striking the semicolon at the end
and inserting ``; or'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraph (4) as paragraph (2);
(3) by striking subsections (e) through (g) and inserting
the following:
``(e) Administrative Requirements.--
``(1) In general.--Subject to paragraph (2), a project that
receives grant assistance under subsection (a) shall be
carried out subject to the same requirements as a project
that receives assistance from a State water pollution control
revolving fund established pursuant to title VI.
``(2) Determination of governor.--The requirement described
in paragraph (1) shall not apply to a project that receives
grant assistance under subsection (a) to the extent that the
Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, to
remain available until expended--
``(1) $250,000,000 for fiscal year 2017;
``(2) $300,000,000 for fiscal year 2018;
``(3) $350,000,000 for fiscal year 2019;
``(4) $400,000,000 for fiscal year 2020; and
``(5) $500,000,000 for fiscal year 2021.
``(g) Allocation of Funds.--
``(1) Fiscal year 2017 and 2018.--For each of fiscal years
2017 and 2018, subject to subsection (h), the Administrator
shall use the amounts made available to carry out this
section to provide grants to municipalities and municipal
entities under subsection (a)(2)--
``(A) in accordance with the priority criteria described in
subsection (b); and
``(B) with additional priority given to proposed projects
that involve the use of--
``(i) nonstructural, low-impact development;
``(ii) water conservation, efficiency, or reuse; or
``(iii) other decentralized stormwater or wastewater
approaches to minimize flows into the sewer systems.
``(2) Fiscal year 2019 and thereafter.--For fiscal year
2019 and each fiscal year thereafter, subject to subsection
(h), the Administrator shall use the amounts made available
to carry out this section to provide grants to States under
subsection (a)(1) in accordance with a formula that--
``(A) shall be established by the Administrator, after
providing notice and an opportunity for public comment; and
``(B) allocates to each State a proportional share of the
amounts based on the total needs of the State for municipal
combined sewer overflow controls and sanitary sewer overflow
controls, as identified in the most recent survey--
``(i) conducted under section 210; and
``(ii) included in a report required under section
516(b)(1)(B).''; and
(4) by striking subsection (i).
SEC. 7202. SMALL AND MEDIUM TREATMENT WORKS.
(a) In General.--Title II of the Federal Water Pollution
Control Act (33 U.S.C. 1281 et seq.) is amended by adding at
the end the following:
``SEC. 222. TECHNICAL ASSISTANCE FOR SMALL AND MEDIUM
TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Medium treatment works.--The term `medium treatment
works' means a publicly owned treatment works serving not
fewer than 10,001 and not more than 100,000 individuals.
``(2) Qualified nonprofit medium treatment works technical
assistance provider.--The term `qualified nonprofit medium
treatment works technical assistance provider' means a
qualified nonprofit technical assistance provider of water
and wastewater services to medium-sized communities that
provides technical assistance (including circuit rider
technical assistance programs, multi-State, regional
assistance programs, and training and preliminary engineering
evaluations) to owners and operators of medium treatment
works, which may include State agencies.
``(3) Qualified nonprofit small treatment works technical
assistance provider.--The term `qualified nonprofit small
treatment works technical assistance provider' means a
nonprofit organization that, as determined by the
Administrator--
``(A) is the most qualified and experienced in providing
training and technical assistance to small treatment works;
and
``(B) the small treatment works in the State finds to be
the most beneficial and effective.
``(4) Small treatment works.--The term `small treatment
works' means a publicly owned treatment works serving not
more than 10,000 individuals.
``(b) Technical Assistance.--The Administrator may use
amounts made available to carry out this section to provide
grants or cooperative agreements to qualified nonprofit small
treatment works technical assistance providers and grants or
cooperative agreements to qualified nonprofit medium
treatment works technical assistance providers to provide to
owners and operators of small and medium treatment works
onsite technical assistance, circuit-rider technical
assistance programs, multi-State, regional technical
assistance programs, and onsite and regional training, to
assist the treatment works in achieving compliance with this
Act or obtaining financing under this Act for eligible
projects.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) for grants for small treatment works technical
assistance, $15,000,000 for each of fiscal years 2017 through
2021; and
``(2) for grants for medium treatment works technical
assistance, $10,000,000 for each of fiscal years 2017 through
2021.''.
(b) Water Pollution Control Revolving Loan Funds.--
(1) In general.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by inserting
``and as provided in subsection (e)'' after ``State law'';
(ii) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(iii) by inserting after subsection (d) the following:
``(e) Additional Use of Funds.--A State may use an
additional 2 percent of the funds annually allotted to the
State under this section for qualified nonprofit small
treatment works technical assistance providers and qualified
nonprofit medium treatment works technical assistance
providers (as those terms are defined in section 222) to
provide technical assistance to small treatment works and
medium treatment works (as those terms are defined in section
222) in the State.''.
(2) Conforming amendment.--Section 221(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by
striking ``section 603(h)'' and inserting ``section 603(i)''.
SEC. 7203. INTEGRATED PLANS.
(a) Integrated Plans.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding
at the end the following:
``(s) Integrated Plan Permits.--
``(1) Definitions.--In this subsection:
``(A) Green infrastructure.--The term `green
infrastructure' means the range of measures that use plant or
soil systems, permeable pavement or other permeable surfaces
or substrates, stormwater harvest and reuse, or landscaping
to store, infiltrate, or evapotranspirate stormwater and
reduce flows to sewer systems or to surface waters.
``(B) Integrated plan.--The term `integrated plan' has the
meaning given in Part III of the Integrated Municipal
Stormwater and Wastewater Planning Approach Framework, issued
by the Environmental Protection Agency and dated June 5,
2012.
``(C) Municipal discharge.--
``(i) In general.--The term `municipal discharge' means a
discharge from a treatment works (as defined in section 212)
or a discharge from a municipal storm sewer under subsection
(p).
``(ii) Inclusion.--The term `municipal discharge' includes
a discharge of wastewater or storm water collected from
multiple municipalities if the discharge is covered by the
same permit issued under this section.
``(2) Integrated plan.--
``(A) In general.--The Administrator (or a State, in the
case of a permit program approved under subsection (b)) shall
inform a municipal permittee or multiple municipal permittees
of the opportunity to develop an integrated plan.
``(B) Scope of permit incorporating integrated plan.--A
permit issued under this subsection that incorporates an
integrated plan may integrate all requirements under this Act
addressed in the integrated plan, including requirements
relating to--
``(i) a combined sewer overflow;
``(ii) a capacity, management, operation, and maintenance
program for sanitary sewer collection systems;
``(iii) a municipal stormwater discharge;
``(iv) a municipal wastewater discharge; and
``(v) a water quality-based effluent limitation to
implement an applicable wasteload allocation in a total
maximum daily load.
``(3) Compliance schedules.--
[[Page S5775]]
``(A) In general.--A permit for a municipal discharge by a
municipality that incorporates an integrated plan may include
a schedule of compliance, under which actions taken to meet
any applicable water quality-based effluent limitation may be
implemented over more than 1 permit term if the compliance
schedules are authorized by State water quality standards.
``(B) Inclusion.--Actions subject to a compliance schedule
under subparagraph (A) may include green infrastructure if
implemented as part of a water quality-based effluent
limitation.
``(C) Review.--A schedule of compliance may be reviewed
each time the permit is renewed.
``(4) Existing authorities retained.--
``(A) Applicable standards.--Nothing in this subsection
modifies any obligation to comply with applicable technology
and water quality-based effluent limitations under this Act.
``(B) Flexibility.--Nothing in this subsection reduces or
eliminates any flexibility available under this Act,
including the authority of--
``(i) a State to revise a water quality standard after a
use attainability analysis under section 131.10(g) of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this subsection), subject to the approval of the
Administrator under section 303(c); and
``(ii) the Administrator or a State to authorize a schedule
of compliance that extends beyond the date of expiration of a
permit term if the schedule of compliance meets the
requirements of section 122.47 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
subsection).
``(5) Clarification of state authority.--
``(A) In general.--Nothing in section 301(b)(1)(C)
precludes a State from authorizing in the water quality
standards of the State the issuance of a schedule of
compliance to meet water quality-based effluent limitations
in permits that incorporate provisions of an integrated plan.
``(B) Transition rule.--In any case in which a discharge is
subject to a judicial order or consent decree as of the date
of enactment of the Water Resources Development Act of 2016
resolving an enforcement action under this Act, any schedule
of compliance issued pursuant to an authorization in a State
water quality standard shall not revise or otherwise affect a
schedule of compliance in that order or decree unless the
order or decree is modified by agreement of the parties and
the court.''.
(b) Municipal Ombudsman.--
(1) Establishment.--There is established within the Office
of the Administrator an Office of the Municipal Ombudsman.
(2) General duties.--The duties of the municipal ombudsman
shall include the provision of--
(A) technical assistance to municipalities seeking to
comply with the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) and the Safe Drinking Water Act (42
U.S.C. 300f et seq.); and
(B) information to the Administrator to help the
Administrator ensure that agency policies are implemented by
all offices of the Environmental Protection Agency, including
regional offices.
(3) Actions required.--The municipal ombudsman shall work
with appropriate offices at the headquarters and regional
offices of the Environmental Protection Agency to ensure that
the municipality seeking assistance is provided information--
(A) about available Federal financial assistance for which
the municipality is eligible;
(B) about flexibility available under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) and, if
applicable, the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(C) regarding the opportunity to develop an integrated
plan, as defined in section 402(s)(1)(B) of the Federal Water
Pollution Control Act (as added by subsection (a)).
(4) Priority.--In carrying out paragraph (3), the municipal
ombudsman shall give priority to any municipality that
demonstrates affordability concerns relating to compliance
with the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(5) Information sharing.--The municipal ombudsman shall
publish on the website of the Environmental Protection
Agency--
(A) general information relating to--
(i) the technical assistance referred to in paragraph
(2)(A);
(ii) the financial assistance referred to in paragraph
(3)(A);
(iii) the flexibility referred to in paragraph 3(B); and
(iv) any resources related to integrated plans developed by
the Administrator; and
(B) a copy of each permit, order, or judicial consent
decree that implements or incorporates an integrated plan.
(c) Municipal Enforcement.--Section 309 of the Federal
Water Pollution Control Act (33 U.S.C. 1319) is amended by
adding at the end the following:
``(h) Implementation of Integrated Plans Through
Enforcement Tools.--
``(1) In general.--In conjunction with an enforcement
action under subsection (a) or (b) relating to municipal
discharges, the Administrator shall inform a municipality of
the opportunity to develop an integrated plan, as defined in
section 402(s).
``(2) Modification.--Any municipality under an
administrative order under subsection (a) or settlement
agreement (including a judicial consent decree) under
subsection (b) that has developed an integrated plan
consistent with section 402(s) may request a modification of
the administrative order or settlement agreement based on
that integrated plan.''.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives and make publicly available a
report on each integrated plan developed and implemented
through a permit, order, or judicial consent decree since the
date of publication of the ``Integrated Municipal Stormwater
and Wastewater Planning Approach Framework'' issued by the
Environmental Protection Agency and dated June 5, 2012,
including a description of the control measures, levels of
control, estimated costs, and compliance schedules for the
requirements implemented through an integrated plan.
SEC. 7204. GREEN INFRASTRUCTURE PROMOTION.
Title V of the Federal Water Pollution Control Act (33
U.S.C. 1361 et seq.) is amended--
(1) by redesignating section 519 (33 U.S.C. 1251 note) as
section 520; and
(2) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN
INFRASTRUCTURE PROMOTION.
``(a) In General.--The Administrator shall ensure that the
Office of Water, the Office of Enforcement and Compliance
Assurance, the Office of Research and Development, and the
Office of Policy of the Environmental Protection Agency
promote the use of green infrastructure in and coordinate the
integration of green infrastructure into, permitting
programs, planning efforts, research, technical assistance,
and funding guidance.
``(b) Duties.--The Administrator shall ensure that the
Office of Water--
``(1) promotes the use of green infrastructure in the
programs of the Environmental Protection Agency; and
``(2) coordinates efforts to increase the use of green
infrastructure with--
``(A) other Federal departments and agencies;
``(B) State, tribal, and local governments; and
``(C) the private sector.
``(c) Regional Green Infrastructure Promotion.--The
Administrator shall direct each regional office of the
Environmental Protection Agency, as appropriate based on
local factors, and consistent with the requirements of this
Act, to promote and integrate the use of green infrastructure
within the region that includes--
``(1) outreach and training regarding green infrastructure
implementation for State, tribal, and local governments,
tribal communities, and the private sector; and
``(2) the incorporation of green infrastructure into
permitting and other regulatory programs, codes, and
ordinance development, including the requirements under
consent decrees and settlement agreements in enforcement
actions.
``(d) Green Infrastructure Information-sharing.--The
Administrator shall promote green infrastructure information-
sharing, including through an Internet website, to share
information with, and provide technical assistance to, State,
tribal, and local governments, tribal communities, the
private sector, and the public regarding green infrastructure
approaches for--
``(1) reducing water pollution;
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.''.
SEC. 7205. FINANCIAL CAPABILITY GUIDANCE.
(a) Definitions.--In this section:
(1) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without
undue hardship or unreasonable sacrifice in the essential
lifestyle or spending patterns of the individual or
household, as determined by the Administrator.
(2) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality or drinking
water improvements.
(3) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to the combined sewer overflows and sanitary sewer overflows
guidance published by the Administrator entitled ``Financial
Capability Assessment Framework'' and dated November 24,
2014.
(b) Use of Median Household Income.--The Administrator
shall not use median household income as the sole indicator
of affordability for a residential household.
(c) Revised Guidance.--
(1) In general.--Not later than 1 year after the date of
completion of the National Academy of Public Administration
study to establish a definition and framework for community
affordability required by Senate Report 114-70, accompanying
S. 1645 (114th Congress), the Administrator shall revise the
guidance described in subsection (a)(3).
[[Page S5776]]
(2) Use of guidance.--Beginning on the date on which the
revised guidance referred to in paragraph (1) is finalized,
the Administrator shall use the revised guidance in lieu of
the guidance described in subsection (a)(3).
(d) Consideration and Consultation.--
(1) Consideration.--In revising the guidance, the
Administrator shall consider--
(A) the recommendations of the study referred to in
subsection (c) and any other relevant study, as determined by
the Administrator;
(B) local economic conditions, including site-specific
local conditions that should be taken into consideration in
analyzing financial capability;
(C) other essential community investments;
(D) potential adverse impacts on distressed populations,
including the percentage of low-income ratepayers within the
service area of a utility and impacts in communities with
disparate economic conditions throughout the entire service
area of a utility;
(E) the degree to which rates of low-income consumers would
be affected by water infrastructure investments and the use
of rate structures to address the rates of low-income
consumers;
(F) an evaluation of an array of factors, the relative
importance of which may vary across regions and localities;
and
(G) the appropriate weight for economic, public health, and
environmental benefits associated with improved water
quality.
(2) Consultation.--Any revised guidance issued to replace
the guidance shall be developed in consultation with
stakeholders.
(e) Publication and Submission.--
(1) In general.--On completion of the revision of the
guidance, the Administrator shall publish in the Federal
Register and submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the revised guidance.
(2) Explanation.--If the Administrator makes a
determination not to follow 1 or more recommendations of the
study referred to in subsection (c)(1), the Administrator
shall include in the publication and submission under
paragraph (1) an explanation of that decision.
(f) Effect.--Nothing in this section preempts or interferes
with any obligation to comply with any Federal law, including
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
SEC. 7206. CHESAPEAKE BAY GRASS SURVEY.
Section 117(i) of the Federal Water Pollution Control Act
(33 U.S.C. 1267(i)) is amended by adding at the end the
following:
``(3) Annual survey.--The Administrator shall carry out an
annual survey of sea grasses in the Chesapeake Bay.''.
SEC. 7207. GREAT LAKES HARMFUL ALGAL BLOOM COORDINATOR.
The Administrator, acting as the chair of the Great Lakes
Interagency Task Force, shall appoint a coordinator to work
with appropriate Federal agencies and State, local, tribal,
and foreign governments to coordinate efforts to address the
issue of harmful algal blooms in the Great Lakes.
Subtitle C--Innovative Financing and Promotion of Innovative
Technologies
SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP
PILOT PROGRAM.
Section 5014(c) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121) is amended by striking ``Any activity undertaken under
this section is authorized only to the extent'' and inserting
``Nothing in this section obligates the Secretary to expend
funds unless''.
SEC. 7302. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
(a) Authority To Provide Assistance.--Section 5023(b)(2) of
the Water Infrastructure Finance and Innovation Act of 2014
(33 U.S.C. 3902(b)(2)) is amended by striking ``carry out''
and inserting ``provide financial assistance to carry out''.
(b) Projects Eligible for Assistance.--
(1) In general.--Section 5026 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3905) is
amended--
(A) in paragraph (6)--
(i) by striking ``desalination project'' and inserting
``desalination project, including chloride control''; and
(ii) by striking ``or a water recycling project'' and
inserting ``a water recycling project, or a project to
provide alternative water supplies to reduce aquifer
depletion'';
(B) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(C) by inserting after paragraph (6) the following:
``(7) A project to prevent, reduce, or mitigate the effects
of drought, including projects that enhance the resilience of
drought-stricken watersheds.''; and
(D) in paragraph (10) (as redesignated by subparagraph
(B)), by striking ``or (7)'' and inserting ``(7), or (8)''.
(2) Conforming amendments.--
(A) Section 5023(b) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3902(b)) is amended--
(i) in paragraph (2), by striking ``and (8)'' and inserting
``(7), and (9)''; and
(ii) in paragraph (3), by striking ``paragraph (7) or (9)''
and inserting ``paragraph (8) or (10)''.
(B) Section 5024(b) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3903(b)) is amended by
striking ``paragraph (8) or (9)'' and inserting ``paragraph
(9) or (10)''.
(C) Section 5027(3) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3906(3)) is amended by
striking ``section 5026(7)'' and inserting ``section
5026(8)''.
(D) Section 5028 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3907) is amended--
(i) in subsection (a)(1)(E)--
(I) by striking ``section 5026(9)'' and inserting ``section
5026(10)''; and
(II) by striking ``section 5026(8)'' and inserting
``section 5026(9)''; and
(ii) in subsection (b)(3), by striking ``section 5026(8)''
and inserting ``section 5026(9)''.
(c) Determination of Eligibility and Project Selection.--
Section 5028(b)(2)(F) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3907(b)(2)(F)) is amended--
(1) in clause (i), by striking ``or'' at the end; and
(2) by striking clause (ii) and inserting the following:
``(ii) helps maintain or protect the environment;
``(iii) resists hazards due to a natural disaster;
``(iv) continues to serve the primary function of the water
resources infrastructure project following a natural
disaster;
``(v) reduces the magnitude or duration of a disruptive
event to a water resources infrastructure project; or
``(vi) has the absorptive, adaptive, and recoverable
capacities to withstand a potentially disruptive event.''.
(d) Terms and Conditions.--Section 5029(b) of the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3908(b)) is amended--
(1) in paragraph (7)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the Secretary''; and
(B) by adding at the end the following:
``(B) Financing fees.--On request of an eligible entity,
the Secretary or the Administrator, as applicable, shall
allow the fees under subparagraph (A) to be financed as part
of the loan.''; and
(2) by adding at the end the following:
``(10) Credit.--Any eligible project costs incurred and the
value of any integral in-kind contributions made before
receipt of assistance under this subtitle shall be credited
toward the 51 percent of project costs to be provided by
sources of funding other than a secured loan under this
subtitle (as described in paragraph (2)(A).''.
(e) Removal of Pilot Designation.--
(1) Subtitle C of title V of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3901 et seq.) is amended
by striking the subtitle designation and heading and
inserting the following:
``Subtitle C--Innovative Financing Projects''.
(2) Section 5023 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3092) is amended by
striking ``pilot'' each place it appears.
(3) Section 5034 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3913) is amended by
striking the section designation and heading and inserting
the following:
``SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.''.
(4) The table of contents for the Water Resources Reform
and Development Act of 2014 (Public Law 113-121) is amended--
(A) by striking the item relating to subtitle C of title V
and inserting the following:
``Subtitle C--Innovative Financing Projects''.; and
(B) by striking the item relating to section 5034 and
inserting the following:
``Sec. 5034. Reports on program implementation.''.
(f) Sense of the Senate.--It is the sense of the Senate
that--
(1) appropriations made available to carry out the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3901 et seq.) should be in addition to robust funding for the
State water pollution control revolving funds established
under title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) and State drinking water treatment
revolving loan funds established under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12); and
(2) the appropriations made available for the funds
referred to in paragraph (1) should not decrease for any
fiscal year.
SEC. 7303. WATER INFRASTRUCTURE INVESTMENT TRUST FUND.
(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Water Infrastructure Investment Trust Fund'' (referred to
in this section as the ``Fund''), consisting of such amounts
as may be appropriated to or deposited in such fund as
provided in this section.
(b) Transfers to Trust Fund.--The Secretary of the Treasury
(referred to in this section as the ``Secretary'') shall
deposit in the Fund amounts equal to the fees received before
January 1, 2022, under subsection (f)(2).
(c) Expenditures.--Amounts in the Fund, including interest
earned and advances to the Fund and proceeds from investment
under subsection (d), shall be available for expenditure,
without further appropriation, as follows:
[[Page S5777]]
(1) 50 percent of the amounts shall be available to the
Administrator for making capitalization grants under section
601 of the Federal Water Pollution Control Act (33 U.S.C.
1381).
(2) 50 percent of the amounts shall be available to the
Administrator for making capitalization grants under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
(d) Investment.--Amounts in the Fund shall be invested in
accordance with section 9702 of title 31, United States Code,
and any interest on, and proceeds from, any such investment
shall be available for expenditure in accordance with this
section.
(e) Limitation on Expenditures.--Amounts in the Fund may
not be made available for a fiscal year under subsection (c)
unless the sum of the funds appropriated to the Clean Water
State Revolving Fund and the Safe Drinking Water State
Revolving Fund through annual capitalization grants is not
less than the average of the sum of the annual amounts
provided in capitalization grants under section 601 of the
Federal Water Pollution Control Act (33 U.S.C. 1381) and
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) for the 5-fiscal-year period immediately preceding such
fiscal year.
(f) Voluntary Labeling System.--
(1) In general.--The Administrator, in consultation with
the Administrator of the Food and Drug Administration,
manufacturers, producers, and importers, shall develop and
implement a program under which the Administrator provides a
label designed in consultation with manufacturers, producers,
and importers suitable for placement on products to inform
consumers that the manufacturer, producer, or importer of the
product, and other stakeholders, participates in the Fund.
(2) Fee.--The Administrator shall provide a label for a fee
of 3 cents per unit.
(g) EPA Study on Water Pricing.--
(1) Study.--The Administrator, with participation by the
States, shall conduct a study to--
(A) assess the affordability gap faced by low-income
populations located in urban and rural areas in obtaining
services from clean water and drinking water systems; and
(B) analyze options for programs to provide incentives for
rate adjustments at the local level to achieve ``full cost''
or ``true value'' pricing for such services, while protecting
low-income ratepayers from undue burden.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on the Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of
Representatives a report on the results of the study.
SEC. 7304. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM.
(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means--
(1) a public utility, including publicly owned treatment
works and clean water systems;
(2) a unit of local government, including a municipality or
a joint powers authority;
(3) a private entity, including a farmer or manufacturer;
(4) an institution of higher education;
(5) a research institution or foundation;
(6) a State;
(7) a regional organization; or
(8) a nonprofit organization.
(b) Grant Program Authorized.--The Administrator shall
carry out a grant program for purposes described in
subsection (c) to accelerate the development of innovative
water technologies that address pressing water challenges.
(c) Grants.--In carrying out the program under subsection
(b), the Administrator shall make to eligible entities grants
that--
(1) finance projects to develop, deploy, test, and improve
emerging water technologies;
(2) fund entities that provide technical assistance to
deploy innovative water technologies more broadly,
especially--
(A) to increase adoption of innovative water technologies
in--
(i) municipal drinking water and wastewater treatment
systems;
(ii) areas served by private wells; or
(iii) water supply systems in arid areas that are
experiencing, or have recently experienced, prolonged drought
conditions; and
(B) in a manner that reduces ratepayer or community costs
over time, including the cost of future capital investments;
or
(3) support technologies that, as determined by the
Administrator--
(A) improve water quality of a water source;
(B) improve the safety and security of a drinking water
delivery system;
(C) minimize contamination of drinking water and drinking
water sources, including contamination by lead, bacteria,
chlorides, and nitrates;
(D) improve the quality and timeliness and decrease the
cost of drinking water quality tests, especially technologies
that can be deployed within water systems and at individual
faucets to provide accurate real-time tests of water quality,
especially with respect to lead, bacteria, and nitrate
content;
(E) increase water supplies in arid areas that are
experiencing, or have recently experienced, prolonged drought
conditions;
(F) treat edge-of-field runoff to improve water quality;
(G) treat agricultural, municipal, and industrial
wastewater;
(H) recycle or reuse water;
(I) manage urban storm water runoff;
(J) reduce sewer or stormwater overflows;
(K) conserve water;
(L) improve water quality by reducing salinity;
(M) mitigate air quality impacts associated with declining
water resources;
(N) address treatment byproduct and brine disposal
alternatives; or
(O) address urgent water quality and human health needs.
(d) Priority Funding.--In making grants under this section,
the Administrator shall give priority to projects that have
the potential--
(1) to provide substantial cost savings across a sector;
(2) to significantly improve human health or the
environment; or
(3) to provide additional water supplies with minimal
environmental impact.
(e) Cost-sharing.--The Federal share of the cost of
activities carried out using a grant made under this section
shall be not more than 65 percent.
(f) Limitation.--The maximum amount of a grant provided to
a project under this section shall be $5,000,000.
(g) Report.--Each year, the Administrator shall submit to
Congress and make publicly available on the website of the
Administrator a report that describes any advancements during
the previous year in development of innovative water
technologies made as a result of funding provided under this
section.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each fiscal year.
(i) Funding.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Administrator to provide grants to eligible
entities under this section $10,000,000, to remain available
until expended.
SEC. 7305. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Congressional Findings and Declarations.--Section 102
of the Water Resources Research Act of 1984 (42 U.S.C. 10301)
is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(2) in paragraph (8) (as so redesignated), by striking
``and'' at the end; and
(3) by inserting after paragraph (6) the following:
``(7) additional research is required to increase the
effectiveness and efficiency of new and existing treatment
works through alternative approaches, including--
``(A) nonstructural alternatives;
``(B) decentralized approaches;
``(C) water use efficiency and conservation; and
``(D) actions to reduce energy consumption or extract
energy from wastewater;''.
(b) Water Resources Research and Technology Institutes.--
Section 104 of the Water Resources Research Act of 1984 (42
U.S.C. 10303) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B)(ii), by striking ``water-related
phenomena'' and inserting ``water resources''; and
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and'';
(2) in subsection (c)--
(A) by striking ``From the'' and inserting the following:
``(1) In general.--From the''; and
(B) by adding at the end the following:
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
the Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on the Budget of the House of Representatives a
report regarding the compliance of each funding recipient
with this subsection for the immediately preceding fiscal
year.'';
(3) by striking subsection (e) and inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every
3 years to determine--
``(A) the quality and relevance of the water resources
research of the institute;
``(B) the effectiveness of the institute at producing
measured results and applied water supply research; and
``(C) whether the effectiveness of the institute as an
institution for planning, conducting, and arranging for
research warrants continued support under this section.
``(2) Prohibition on further support.--If, as a result of
an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be
provided until the qualifications of the institute are
reestablished to the satisfaction of the Secretary.'';
(4) in subsection (f)(1), by striking ``$12,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$7,500,000 for each of fiscal years 2017 through 2021'';
and
(5) in subsection (g)(1), in the first sentence, by
striking ``$6,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$1,500,000 for each of fiscal years
2017 through 2021''.
[[Page S5778]]
SEC. 7306. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.
(a) Authorization of Research and Studies.--Section 3 of
the Water Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298) is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(8) development of metrics to analyze the costs and
benefits of desalination relative to other sources of water
(including costs and benefits related to associated
infrastructure, energy use, environmental impacts, and
diversification of water supplies); and
``(9) development of design and siting specifications that
avoid, minimize, or offset adverse social, economic, and
environmental impacts.''; and
(2) by adding at the end the following:
``(e) Prioritization.--In carrying out this section, the
Secretary shall prioritize funding for research--
``(1) to reduce energy consumption and lower the cost of
desalination, including chloride control;
``(2) to reduce the environmental impacts of seawater
desalination and develop technology and strategies to
minimize those impacts;
``(3) to improve existing reverse osmosis and membrane
technology;
``(4) to carry out basic and applied research on next
generation desalination technologies, including improved
energy recovery systems and renewable energy-powered
desalination systems that could significantly reduce
desalination costs;
``(5) to develop portable or modular desalination units
capable of providing temporary emergency water supplies for
domestic or military deployment purposes; and
``(6) to develop and promote innovative desalination
technologies, including chloride control, identified by the
Secretary.''.
(b) Desalination Demonstration and Development.--Section 4
of the Water Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298) is amended by adding at the end the
following:
``(c) Prioritization.--In carrying out demonstration and
development activities under this section, the Secretary
shall prioritize projects--
``(1) for the benefit of drought-stricken States and
communities;
``(2) for the benefit of States that have authorized
funding for research and development of desalination
technologies and projects;
``(3) that can reduce reliance on imported water supplies
that have an impact on species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
``(4) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel.''.
(c) Authorization of Appropriations.--Section 8 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``$5,000,000'' and inserting
``$8,000,000''; and
(B) by striking ``2013'' and inserting ``2021''; and
(2) in subsection (b), by striking ``for each of fiscal
years 2012 through 2013'' and inserting ``for each of fiscal
years 2017 through 2021''.
(d) Consultation.--Section 9 of the Water Desalination Act
of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) by striking the section designation and heading and all
that follows through ``In carrying out'' in the first
sentence and inserting the following:
``SEC. 9. CONSULTATION AND COORDINATION.
``(a) Consultation.--In carrying out'';
(2) in the second sentence, by striking ``The
authorization'' and inserting the following:
``(c) Other Desalination Programs.--The authorization'';
and
(3) by inserting after subsection (a) (as designated by
paragraph (1)) the following:
``(b) Coordination of Federal Desalination Research and
Development.--The White House Office of Science and
Technology Policy shall develop a coordinated strategic plan
that--
``(1) establishes priorities for future Federal investments
in desalination;
``(2) coordinates the activities of Federal agencies
involved in desalination, including the Bureau of
Reclamation, the Corps of Engineers, the United States Army
Tank Automotive Research, Development and Engineering Center,
the National Science Foundation, the Office of Naval Research
of the Department of Defense, the National Laboratories of
the Department of Energy, the United States Geological
Survey, the Environmental Protection Agency, and the National
Oceanic and Atmospheric Administration;
``(3) strengthens research and development cooperation with
international partners, such as the State of Israel, in the
area of desalination technology; and
``(4) promotes public-private partnerships to develop a
framework for assessing needs for, and to optimize siting and
design of, future ocean desalination projects.''.
SEC. 7307. NATIONAL DROUGHT RESILIENCE GUIDELINES.
(a) In General.--The Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Commerce, the
Administrator, and other appropriate Federal agency heads
along with State, local, and tribal governments, shall
jointly develop nonregulatory national drought resilience
guidelines relating to drought preparedness planning and
investments for communities, water utilities, and other water
users and providers, in a manner consistent with the
Presidential Memorandum entitled ``Building National
Capabilities for Long-Term Drought Resilience'' (81 Fed. Reg.
16053 (March 21, 2016)).
(b) Consultation.--In developing the national drought
resilience guidelines, the Administrator and other Federal
agency heads referred to in subsection (a) shall consult
with--
(1) State and local governments;
(2) water utilities;
(3) scientists;
(4) institutions of higher education;
(5) relevant private entities; and
(6) other stakeholders.
(c) Contents.--The national drought resilience guidelines
developed under this section shall, to the maximum extent
practicable, provide recommendations for a period of 10 years
that--
(1) address a broad range of potential actions, including--
(A) analysis of the impacts of the changing frequency and
duration of drought on the future effectiveness of water
management tools;
(B) the identification of drought-related water management
challenges in a broad range of fields, including--
(i) public health and safety;
(ii) municipal and industrial water supply;
(iii) agricultural water supply;
(iv) water quality;
(v) ecosystem health; and
(vi) water supply planning;
(C) water management tools to reduce drought-related
impacts, including--
(i) water use efficiency through gallons per capita
reduction goals, appliance efficiency standards, water
pricing incentives, and other measures;
(ii) water recycling;
(iii) groundwater clean-up and storage;
(iv) new technologies, such as behavioral water efficiency;
and
(v) stormwater capture and reuse;
(D) water-related energy and greenhouse gas reduction
strategies; and
(E) public education and engagement; and
(2) include recommendations relating to the processes that
Federal, State, and local governments and water utilities
should consider when developing drought resilience
preparedness and plans, including--
(A) the establishment of planning goals;
(B) the evaluation of institutional capacity;
(C) the assessment of drought-related risks and
vulnerabilities, including the integration of climate-related
impacts;
(D) the establishment of a development process, including
an evaluation of the cost-effectiveness of potential
strategies;
(E) the inclusion of private entities, technical advisors,
and other stakeholders in the development process;
(F) implementation and financing issues; and
(G) evaluation of the plan, including any updates to the
plan.
SEC. 7308. INNOVATION IN STATE WATER POLLUTION CONTROL
REVOLVING LOAN FUNDS.
(a) In General.--Subsection (j)(1)(B) (as redesignated by
section 7202(b)(1)(A)(ii)) of section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1383) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(v) to encourage the use of innovative water technologies
related to any of the issues identified in clauses (i)
through (iv) or, as determined by the State, any other
eligible project and activity eligible for assistance under
subsection (c)''.
(b) Innovative Water Technologies.--Section 603 of the
Federal Water Pollution Control Act (33 U.S.C. 1383) (as
amended by section 7202(b)(1)) is amended by adding at the
end the following:
``(k) Technical Assistance.--The Administrator may provide
technical assistance to facilitate and encourage the
provision of financial assistance for innovative water
technologies.
``(l) Report.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2016, and
not less frequently than every 5 years thereafter, the
Administrator shall submit to Congress a report that
describes--
``(1) the amount of financial assistance provided by State
water pollution control revolving funds to deploy innovative
water technologies;
``(2) the barriers impacting greater use of innovative
water technologies; and
``(3) the cost-saving potential to cities and future
infrastructure investments from emerging technologies.''.
SEC. 7309. INNOVATION IN DRINKING WATER STATE REVOLVING LOAN
FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) (as amended by section 7105) is amended--
(1) in subsection (d)--
(A) by striking the heading and inserting ``Additional
Assistance.--'';
(B) in paragraph (1)--
(i) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding''; and
[[Page S5779]]
(ii) by adding at the end the following:
``(B) Innovative water technology.--Notwithstanding any
other provision of this section, in the case of a State that
makes a loan under subsection (a)(2) to carry out an eligible
activity through the use of an innovative water technology
(including technologies to improve water treatment to ensure
compliance with this title and technologies to identify and
mitigate sources of drinking water contamination, including
lead contamination), the State may provide additional
subsidization, including forgiveness of principal that is not
more than 50 percent of the cost of the portion of the
project associated with the innovative technology.'';
(C) in paragraph (2)--
(i) by striking ``For each fiscal year'' and inserting the
following:
``(A) In general.--For each fiscal year''; and
(ii) by adding at the end the following:
``(B) Innovative water technology.--For each fiscal year,
not more than 20 percent of the loan subsidies that may be
made by a State under paragraph (1) may be used to provide
additional subsidization under subparagraph (B) of that
paragraph.''; and
(D) in paragraph (3), in the first sentence, by inserting
``, or portion of a service area,'' after ``service area'';
and
(2) by adding at the end the following:
``(t) Technical Assistance.--The Administrator may provide
technical assistance to facilitate and encourage the
provision of financial assistance for the deployment of
innovative water technologies.
``(u) Report.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2016, and
not less frequently than every 5 years thereafter, the
Administrator shall submit to Congress a report that
describes--
``(1) the amount of financial assistance provided by State
loan funds to deploy innovative water technologies;
``(2) the barriers impacting greater use of innovative
water technologies; and
``(3) the cost-saving potential to cities and future
infrastructure investments from emerging technologies.''.
Subtitle D--Drinking Water Disaster Relief and Infrastructure
Investments
SEC. 7401. DRINKING WATER INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State for which the President has declared an emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) relating to the
public health threats associated with the presence of lead or
other contaminants in a public drinking water supply system.
(2) Eligible system.--The term ``eligible system'' means a
public drinking water supply system that has been the subject
of an emergency declaration referred to in paragraph (1).
(b) State Revolving Loan Fund Assistance.--
(1) In general.--An eligible system shall be--
(A) considered to be a disadvantaged community under
section 1452(d) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)); and
(B) eligible to receive loans with additional subsidization
under that Act (42 U.S.C. 300f et seq.), including
forgiveness of principal under section 1452(d)(1) of that Act
(42 U.S.C. 300j-12(d)(1)).
(2) Authorization.--
(A) In general.--Using funds provided under subsection
(e)(1)(A), an eligible State may provide assistance to an
eligible system within the eligible State, for the purpose of
addressing lead or other contaminants in drinking water,
including repair and replacement of public and private
drinking water infrastructure.
(B) Inclusion.--Assistance provided under subparagraph (A)
may include additional subsidization under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), as described in paragraph
(1)(B).
(C) Exclusion.--Assistance provided under subparagraph (A)
shall not include assistance for a project that is financed
(directly or indirectly), in whole or in part, with proceeds
of any obligation issued after the date of enactment of this
Act--
(i) the interest of which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(ii) with respect to which credit is allowable under
subpart I or J of part IV of subchapter A of chapter 1 of
such Code.
(3) Limitation.--Section 1452(d)(2) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
(A) any funds provided under subsection (e)(1)(A); or
(B) any other loan provided to an eligible system.
(c) Water Infrastructure Financing.--
(1) Secured loans.--
(A) In general.--Using funds provided under subsection
(e)(2)(A), the Administrator may make a secured loan under
the Water Infrastructure Finance and Innovation Act of 2014
(33 U.S.C. 3901 et seq.) to--
(i) an eligible State to carry out a project eligible under
paragraphs (2) through (9) of section 5026 of that Act (33
U.S.C. 3905) to address lead or other contaminants in
drinking water in an eligible system, including repair and
replacement of public and private drinking water
infrastructure; and
(ii) any eligible entity under section 5025 of that Act (33
U.S.C. 3904) for a project eligible under paragraphs (2)
through (9) of section 5026 of that Act (33 U.S.C. 3905).
(B) Amount.--Notwithstanding section 5029(b)(2) of the
Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3908(b)(2)), the amount of a secured loan provided
under subparagraph (A)(i) may be equal to not more than 80
percent of the reasonably anticipated costs of the projects.
(2) Federal involvement.--Notwithstanding section
5029(b)(9) of the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project
to address lead or other contaminants in drinking water in an
eligible system that are not covered by a secured loan under
paragraph (1) may be covered using amounts in the State
revolving loan fund under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12).
(d) Nonduplication of Work.--An activity carried out
pursuant to this section shall not duplicate the work or
activity of any other Federal or State department or agency.
(e) Funding.--
(1) Additional drinking water state revolving fund
capitalization grants.--
(A) In general.--The Secretary of the Treasury shall make
available to the Administrator a total of $100,000,000 to
provide additional grants to eligible States pursuant to
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12), to be available for a period of 18 months beginning on
the date on which the funds are made available, for the
purposes described in subsection (b)(2), and after the end of
the 18-month period, until expended for the purposes
described in subparagraph (C).
(B) Supplemented intended use plans.--From funds made
available under subparagraph (A), the Administrator shall
obligate to an eligible State such amounts as are necessary
to meet the needs identified in a supplemented intended use
plan by not later than 30 days after the date on which the
eligible State submits to the Administrator a supplemented
intended use plan under section 1452(b) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(b)) that includes preapplication
information regarding projects to be funded using the
additional assistance, including, with respect to each such
project--
(i) a description of the project;
(ii) an explanation of the means by which the project will
address a situation causing a declared emergency in the
eligible State;
(iii) the estimated cost of the project; and
(iv) the projected start date for construction of the
project.
(C) Unobligated amounts.--Of any amounts made available to
the Administrator under subparagraph (A) that are unobligated
on the date that is 18 months after the date on which the
amounts are made available--
(i) 50 percent shall be available to provide additional
grants under section 1459A of the Safe Drinking Water Act (as
added by section 7106); and
(ii) 50 percent shall be available to provide additional
grants under section 1459B of the Safe Drinking Water Act (as
added by section 7107).
(D) Applicability.--Section 1452(b)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a
supplement to an intended use plan under subparagraph (B).
(2) WIFIA funding.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Treasury shall
make available to the Administrator $70,000,000 to provide
credit subsidies, in consultation with the Director of the
Office of Management and Budget, for secured loans under
subsection (c)(1)(A) with a goal of providing secured loans
totaling at least $700,000,000.
(B) Use.--Secured loans provided pursuant to subparagraph
(A) shall be available to carry out activities described in
subsection (c)(1)(A).
(C) Exclusion.--Of the amounts made available under
subparagraph (A), $20,000,000 shall not be used to provide
assistance for a project that is financed (directly or
indirectly), in whole or in part, with proceeds of any
obligation issued after the date of enactment of this Act--
(i) the interest of which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(ii) with respect to which credit is allowable under
subpart I or J of part IV of subchapter A of chapter 1 of
such Code.
(3) Applicability.--Unless explicitly waived, all
requirements under the Safe Drinking Water Act (42 U.S.C.
300f et seq.) and the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall apply
to funding provided under this subsection.
(f) Health Effects Evaluation.--
(1) In general.--Pursuant to section 104(i)(1)(E) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a
request of an appropriate State or local health official of
an eligible State, the Director of the Agency for Toxic
Substances and Disease Registry of the National Center for
Environmental Health shall in coordination with other
agencies, as appropriate, conduct voluntary surveillance
activities to evaluate any adverse health effects on
individuals exposed to lead from drinking water in the
affected communities.
(2) Consultations.--Pursuant to section 104(i)(4) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a
request of an appropriate State or local
[[Page S5780]]
health official of an eligible State, the Director of the
Agency for Toxic Substances and Disease Registry of the
National Center for Environmental Health shall provide
consultations regarding health issues described in paragraph
(1).
SEC. 7402. LOAN FORGIVENESS.
The matter under the heading ``State and Tribal Assistance
Grants'' under the heading ``ENVIRONMENTAL PROTECTION
AGENCY'' in title II of division G of the Consolidated
Appropriations Act, 2016 (Public Law 114-113), is amended in
paragraph (1), by striking the semicolon at the end and
inserting the following: ``or, if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply, before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;''.
SEC. 7403. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means a city exposed to lead
contamination in the local drinking water system.
(2) Committee.--The term ``Committee'' means the Advisory
Committee established under subsection (c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Lead Exposure Registry.--The Secretary shall establish
within the Agency for Toxic Substances and Disease Registry
or another relevant agency at the discretion of the
Secretary, or establish through a grant award or contract, a
lead exposure registry to collect data on the lead exposure
of residents of a City on a voluntary basis.
(c) Advisory Committee.--
(1) Membership.--
(A) In general.--The Secretary shall establish an Advisory
Committee in coordination with the Director of the Centers
for Disease Control and Prevention and other relevant
agencies as determined by the Secretary consisting of Federal
members and non-Federal members, and which shall include--
(i) an epidemiologist;
(ii) a toxicologist;
(iii) a mental health professional;
(iv) a pediatrician;
(v) an early childhood education expert;
(vi) a special education expert;
(vii) a dietician; and
(viii) an environmental health expert.
(B) Requirements.--Membership in the Committee shall not
exceed 15 members and not less than \1/2\ of the members
shall be Federal members.
(2) Chair.--The Secretary shall designate a chair from
among the Federal members appointed to the Committee.
(3) Terms.--Members of the Committee shall serve for a term
of not more than 3 years and the Secretary may reappoint
members for consecutive terms.
(4) Application of faca.--The Committee shall be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(5) Responsibilities.--The Committee shall, at a minimum--
(A) review the Federal programs and services available to
individuals and communities exposed to lead;
(B) review current research on lead poisoning to identify
additional research needs;
(C) review and identify best practices, or the need for
best practices, regarding lead screening and the prevention
of lead poisoning;
(D) identify effective services, including services
relating to healthcare, education, and nutrition for
individuals and communities affected by lead exposure and
lead poisoning, including in consultation with, as
appropriate, the lead exposure registry as established in
subsection (b); and
(E) undertake any other review or activities that the
Secretary determines to be appropriate.
(6) Report.--Annually for 5 years and thereafter as
determined necessary by the Secretary or as required by
Congress, the Committee shall submit to the Secretary, the
Committees on Finance, Health, Education, Labor, and
Pensions, and Agriculture, Nutrition, and Forestry of the
Senate and the Committees on Education and the Workforce,
Energy and Commerce, and Agriculture of the House of
Representatives a report that includes--
(A) an evaluation of the effectiveness of the Federal
programs and services available to individuals and
communities exposed to lead;
(B) an evaluation of additional lead poisoning research
needs;
(C) an assessment of any effective screening methods or
best practices used or developed to prevent or screen for
lead poisoning;
(D) input and recommendations for improved access to
effective services relating to healthcare, education, or
nutrition for individuals and communities impacted by lead
exposure; and
(E) any other recommendations for communities affected by
lead exposure, as appropriate.
(d) Mandatory Funding.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary, to
be available during the period of fiscal years 2016 through
2020--
(A) $17,500,000 to carry out subsection (b); and
(B) $2,500,000 to carry out subsection (c).
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
subsections (b) and (c) the funds transferred under
subparagraphs (A) and (B) of paragraph (1), respectively,
without further appropriation.
SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH
PROGRAMS.
(a) Childhood Lead Poisoning Prevention Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Director of
the Centers for Disease Control and Prevention, to be
available during the period of fiscal years 2017 and 2018,
$10,000,000 for the childhood lead poisoning prevention
program authorized under section 317A of the Public Health
Service Act (42 U.S.C. 247b-1).
(2) Receipt and acceptance.--The Director of the Centers
for Disease Control and Prevention shall be entitled to
receive, shall accept, and shall use to carry out the
childhood lead poisoning prevention program authorized under
section 317A of the Public Health Service Act (42 U.S.C.
247b-1) the funds transferred under paragraph (1), without
further appropriation.
(b) Healthy Homes Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
Housing and Urban Development, to be available during the
period of fiscal years 2017 and 2018, $10,000,000 to carry
out the Healthy Homes Initiative of the Department of Housing
and Urban Development.
(2) Receipt and acceptance.--The Secretary of Housing and
Urban Development shall be entitled to receive, shall accept,
and shall use to carry out the Healthy Homes Initiative of
the Department of Housing and Urban Development the funds
transferred under paragraph (1), without further
appropriation.
(c) Healthy Start Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Administrator
of the Health Resources and Services Administration, to be
available during the period of fiscal years 2017 and 2018,
$10,000,000 to carry out the Healthy Start Initiative under
section 330H of the Public Health Service Act (42 U.S.C.
254c-8).
(2) Receipt and acceptance.--The Administrator of the
Health Resources and Services Administration shall be
entitled to receive, shall accept, and shall use to carry out
the Healthy Start Initiative under section 330H of the Public
Health Service Act (42 U.S.C. 254c-8) the funds transferred
under paragraph (1), without further appropriation.
SEC. 7405. REVIEW AND REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Inspector
General of the Environmental Protection Agency shall submit
to the Committees on Appropriations, Environment and Public
Works, and Homeland Security and Governmental Affairs of the
Senate and the Committees on Appropriations, Energy and
Commerce, Transportation and Infrastructure, and Oversight
and Government Reform of the House of Representatives a
report on the status of any ongoing investigations into the
Federal and State response to the contamination of the
drinking water supply of the City of Flint, Michigan.
(b) Review.--Not later than 30 days after the completion of
the investigations described in subsection (a), the
Comptroller General of the United States shall commence a
review of issues that are not addressed by the investigations
and relating to--
(1) the adequacy of the response by the State of Michigan
and the City of Flint to the drinking water crisis in Flint,
Michigan, including the timeliness and transparency of the
response, as well as the capacity of the State and City to
manage the drinking water system; and
(2) the adequacy of the response by Region 5 of the
Environmental Protection Agency to the drinking water crisis
in Flint, Michigan, including the timeliness and transparency
of the response.
(c) Contents of Report.--Not later than 1 year after
commencing each review under subsection (b), the Comptroller
General of the United States shall submit to Congress a
report that includes--
(1) a statement of the principal findings of the review;
and
(2) recommendations for Congress and the President to take
any actions to prevent a similar situation in the future and
to protect public health.
Subtitle E--Report on Groundwater Contamination
SEC. 7501. DEFINITIONS.
In this subtitle:
(1) Comprehensive strategy.--The term ``comprehensive
strategy'' means a plan for--
(A) the remediation of the plume under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); or
(B) corrective action under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).
[[Page S5781]]
(2) Groundwater.--The term ``groundwater'' means water in a
saturated zone or stratum beneath the surface of land or
water.
(3) Plume.--The term ``plume'' means any hazardous waste
(as defined in section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903)) or hazardous substance (as defined in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601))
found in the groundwater supply.
(4) Site.--The term ``site'' means the site located at 830
South Oyster Bay Road, Bethpage, New York, 11714
(Environmental Protection Agency identification number
NYD002047967).
SEC. 7502. REPORT ON GROUNDWATER CONTAMINATION.
Not later than 180 days after the date of enactment of this
Act and annually thereafter, the Secretary of the Navy shall
submit to Congress a report on the groundwater contamination
from the site that includes--
(1) a description of the status of the groundwater
contaminants that are leaving the site and migrating to a
location within a 10-mile radius of the site, including--
(A) detailed mapping of the movement of the plume over
time; and
(B) projected migration rates of the plume;
(2) an analysis of the current and future impact of the
movement of the plume on drinking water facilities; and
(3) a comprehensive strategy to prevent the groundwater
contaminants from the site from contaminating drinking water
wells that, as of the date of the submission of the report,
have not been affected by the migration of the plume.
Subtitle F--Restoration
PART I--GREAT LAKES RESTORATION
SEC. 7611. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c) of the Federal Water Pollution Control Act
(33 U.S.C. 1268(c)) is amended by striking paragraph (7) and
inserting the following:
``(7) Great lakes restoration initiative.--
``(A) Establishment.--There is established in the Agency a
Great Lakes Restoration Initiative (referred to in this
paragraph as the `Initiative') to carry out programs and
projects for Great Lakes protection and restoration.
``(B) Focus areas.--Each fiscal year under a 5-year
Initiative Action Plan, the Initiative shall prioritize
programs and projects, carried out in coordination with non-
Federal partners, that address priority areas, such as--
``(i) the remediation of toxic substances and areas of
concern;
``(ii) the prevention and control of invasive species and
the impacts of invasive species;
``(iii) the protection and restoration of nearshore health
and the prevention and mitigation of nonpoint source
pollution;
``(iv) habitat and wildlife protection and restoration,
including wetlands restoration and preservation; and
``(v) accountability, monitoring, evaluation,
communication, and partnership activities.
``(C) Projects.--Under the Initiative, the Agency shall
collaborate with Federal partners, including the Great Lakes
Interagency Task Force, to select the best combination of
programs and projects for Great Lakes protection and
restoration using appropriate principles and criteria,
including whether a program or project provides--
``(i) the ability to achieve strategic and measurable
environmental outcomes that implement the Great Lakes Action
Plan and the Great Lakes Water Quality Agreement;
``(ii) the feasibility of--
``(I) prompt implementation;
``(II) timely achievement of results; and
``(III) resource leveraging; and
``(iii) the opportunity to improve interagency and inter-
organizational coordination and collaboration to reduce
duplication and streamline efforts.
``(D) Implementation of projects.--
``(i) In general.--Subject to subparagraph (G)(ii), funds
made available to carry out the Initiative shall be used to
strategically implement--
``(I) Federal projects; and
``(II) projects carried out in coordination with States,
Indian tribes, municipalities, institutions of higher
education, and other organizations.
``(ii) Transfer of funds.--With amounts made available for
the Initiative each fiscal year, the Administrator may--
``(I) transfer not more than $300,000,000 to the head of
any Federal department or agency, with the concurrence of the
department or agency head, to carry out activities to support
the Initiative and the Great Lakes Water Quality Agreement;
``(II) enter into an interagency agreement with the head of
any Federal department or agency to carry out activities
described in subclause (I); and
``(III) make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation of
projects in furtherance of the Initiative and the Great Lakes
Water Quality Agreement.
``(E) Scope.--
``(i) In general.--Projects shall be carried out under the
Initiative on multiple levels, including--
``(I) Great Lakes-wide; and
``(II) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available to carry out
the Initiative may be used for any water infrastructure
activity (other than a green infrastructure project that
improves habitat and other ecosystem functions in the Great
Lakes) for which amounts are made available from--
``(I) a State water pollution control revolving fund
established under title VI; or
``(II) a State drinking water revolving loan fund
established under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12).
``(F) Activities by other federal agencies.--Each relevant
Federal department or agency shall, to the maximum extent
practicable--
``(i) maintain the base level of funding for the Great
Lakes activities of that department or agency without regard
to funding under the Initiative; and
``(ii) identify new activities and projects to support the
environmental goals of the Initiative and the Great Lakes
Water Quality Agreement.
``(G) Funding.--
``(i) In general.--There is authorized to be appropriated
to carry out this paragraph $300,000,000 for each of fiscal
years 2017 through 2021.
``(ii) Limitation.--Nothing in this paragraph creates,
expands, or amends the authority of the Administrator to
implement programs or projects under--
``(I) this section;
``(II) the Initiative Action Plan; or
``(III) the Great Lakes Water Quality Agreement.''.
SEC. 7612. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE
RESTORATION ACT OF 1990.
(a) References.--Except as otherwise expressly provided,
wherever in this section an amendment is expressed in terms
of an amendment to a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941 et seq.).
(b) Findings.--The Act is amended by striking section 1002
and inserting the following:
``SEC. 1002. FINDINGS.
``Congress finds that--
``(1) the Great Lakes have fish and wildlife communities
that are structurally and functionally changing;
``(2) successful fish and wildlife management focuses on
the lakes as ecosystems, and effective management requires
the coordination and integration of efforts of many partners;
``(3) it is in the national interest to undertake
activities in the Great Lakes Basin that support sustainable
fish and wildlife resources of common concern provided under
the Great Lakes Restoration Initiative Action Plan based on
the recommendations of the Great Lakes Regional Collaboration
authorized under Executive Order 13340 (69 Fed. Reg. 29043;
relating to the Great Lakes Interagency Task Force);
``(4) additional actions and better coordination are needed
to protect and effectively manage the fish and wildlife
resources, and the habitats on which the resources depend, in
the Great Lakes Basin;
``(5) as of the date of enactment of this Act, actions are
not funded that are considered essential to meet the goals
and objectives in managing the fish and wildlife resources,
and the habitats on which the resources depend, in the Great
Lakes Basin; and
``(6) this Act allows Federal agencies, States, and Indian
tribes to work in an effective partnership by providing the
funding for restoration work.''.
(c) Identification, Review, and Implementation of Proposals
and Regional Projects.--
(1) Requirements for proposals and regional projects.--
Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(vii) the strategic action plan of the Great Lakes
Restoration Initiative; and
``(viii) each applicable State wildlife action plan.''.
(2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C.
941c(c)(2)(C)) is amended by striking ``Great Lakes
Coordinator of the''.
(3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is
amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal'' and inserting the following:
``(A) Non-federal share.--Except as provided in paragraphs
(3) and (5) and subject to paragraph (2), not less than 25
percent of the cost of implementing a proposal or regional
project''; and
(ii) by adding at the end the following:
``(B) Time period for providing match.--The non-Federal
share of the cost of implementing a proposal or regional
project required under subparagraph (A) may be provided at
any time during the 2-year period preceding January 1 of the
year in which the Director receives the application for the
proposal or regional project.'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(C) by inserting before paragraph (3) (as so redesignated)
the following:
[[Page S5782]]
``(2) Authorized sources of non-federal share.--
``(A) In general.--The Director may determine the non-
Federal share under paragraph (1) by taking into account--
``(i) the appraised value of land or a conservation
easement as described in subparagraph (B); or
``(ii) as described in subparagraph (C), the costs
associated with--
``(I) land acquisition or securing a conservation easement;
and
``(II) restoration or enhancement of that land or
conservation easement.
``(B) Appraisal of land or conservation easement.--
``(i) In general.--The value of land or a conservation
easement may be used to satisfy the non-Federal share of the
cost of implementing a proposal or regional project required
under paragraph (1)(A) if the Director determines that the
land or conservation easement--
``(I) meets the requirements of subsection (b)(2);
``(II) is acquired before the end of the grant period of
the proposal or regional project;
``(III) is held in perpetuity for the conservation purposes
of the programs of the United States Fish and Wildlife
Service related to the Great Lakes Basin, as described in
section 1006, by an accredited land trust or conservancy or a
Federal, State, or tribal agency;
``(IV) is connected either physically or through a
conservation planning process to the proposal or regional
project; and
``(V) is appraised in accordance with clause (ii).
``(ii) Appraisal.--With respect to the appraisal of land or
a conservation easement described in clause (i)--
``(I) the appraisal valuation date shall be not later than
1 year after the price of the land or conservation easement
was set under a contract; and
``(II) the appraisal shall--
``(aa) conform to the Uniform Standards of Professional
Appraisal Practice (USPAP); and
``(bb) be completed by a Federal- or State-certified
appraiser.
``(C) Costs of land acquisition or securing conservation
easement.--
``(i) In general.--All costs associated with land
acquisition or securing a conservation easement and
restoration or enhancement of that land or conservation
easement may be used to satisfy the non-Federal share of the
cost of implementing a proposal or regional project required
under paragraph (1)(A) if the activities and expenses
associated with the land acquisition or securing the
conservation easement and restoration or enhancement of that
land or conservation easement meet the requirements of
subparagraph (B)(i).
``(ii) Inclusion.--The costs referred to in clause (i) may
include cash, in-kind contributions, and indirect costs.
``(iii) Exclusion.--The costs referred to in clause (i) may
not be costs associated with mitigation or litigation (other
than costs associated with the Natural Resource Damage
Assessment program).''.
(d) Establishment of Offices.--Section 1007 (16 U.S.C.
941e) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``Fishery
Resources'' and inserting ``Fish and Wildlife Conservation'';
and
(B) by striking ``Fishery Resources'' each place it appears
and inserting ``Fish and Wildlife Conservation'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Fishery
Resources'' and inserting ``Fish and Wildlife Conservation'';
and
(B) by striking ``Fishery Resources'' each place it appears
and inserting ``Fish and Wildlife Conservation'';
(3) by striking subsection (a); and
(4) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(e) Reports.--Section 1008 (16 U.S.C. 941f) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2011'' and inserting ``2021'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2020'';
and
(B) in paragraph (5), by inserting ``the Great Lakes
Restoration Initiative Action Plan based on'' after ``in
support of''; and
(3) by striking subsection (c) and inserting the following:
``(c) Continued Monitoring and Assessment of Study Findings
and Recommendations.--The Director--
``(1) shall continue to monitor the status, and the
assessment, management, and restoration needs, of the fish
and wildlife resources of the Great Lakes Basin; and
``(2) may reassess and update, as necessary, the findings
and recommendations of the Report.''.
(f) Authorization of Appropriations.--Section 1009 (16
U.S.C. 941g) is amended--
(1) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2021'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``$14,000,000'' and inserting ``$6,000,000'';
(B) in subparagraph (A), by striking ``$4,600,000'' and
inserting ``$2,000,000''; and
(C) in subparagraph (B), by striking ``$700,000'' and
inserting ``$300,000''; and
(3) in paragraph (2), by striking ``the activities of'' and
all that follows through ``section 1007'' and inserting ``the
activities of the Upper Great Lakes Fish and Wildlife
Conservation Offices and the Lower Great Lakes Fish and
Wildlife Conservation Office under section 1007''.
(g) Conforming Amendment.--Section 8 of the Great Lakes
Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941
note; Public Law 109-326) is repealed.
PART II--LAKE TAHOE RESTORATION
SEC. 7621. FINDINGS AND PURPOSES.
The Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2351) is amended by striking section 2 and inserting
the following:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) Lake Tahoe--
``(A) is one of the largest, deepest, and clearest lakes in
the world;
``(B) has a cobalt blue color, a biologically diverse
alpine setting, and remarkable water clarity; and
``(C) is recognized nationally and worldwide as a natural
resource of special significance;
``(2) in addition to being a scenic and ecological
treasure, the Lake Tahoe Basin is one of the outstanding
recreational resources of the United States, which--
``(A) offers skiing, water sports, biking, camping, and
hiking to millions of visitors each year; and
``(B) contributes significantly to the economies of
California, Nevada, and the United States;
``(3) the economy in the Lake Tahoe Basin is dependent on
the conservation and restoration of the natural beauty and
recreation opportunities in the area;
``(4) the ecological health of the Lake Tahoe Basin
continues to be challenged by the impacts of land use and
transportation patterns developed in the last century;
``(5) the alteration of wetland, wet meadows, and stream
zone habitat have compromised the capacity of the watershed
to filter sediment, nutrients, and pollutants before reaching
Lake Tahoe;
``(6) forests in the Lake Tahoe Basin suffer from over a
century of fire damage and periodic drought, which have
resulted in--
``(A) high tree density and mortality;
``(B) the loss of biological diversity; and
``(C) a large quantity of combustible forest fuels, which
significantly increases the threat of catastrophic fire and
insect infestation;
``(7) the establishment of several aquatic and terrestrial
invasive species (including perennial pepperweed, milfoil,
and Asian clam) threatens the ecosystem of the Lake Tahoe
Basin;
``(8) there is an ongoing threat to the economy and
ecosystem of the Lake Tahoe Basin of the introduction and
establishment of other invasive species (such as yellow
starthistle, New Zealand mud snail, Zebra mussel, and quagga
mussel);
``(9) 78 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it a
Federal responsibility to restore ecological health to the
Lake Tahoe Basin;
``(10) the Federal Government has a long history of
environmental stewardship at Lake Tahoe, including--
``(A) congressional consent to the establishment of the
Planning Agency with--
``(i) the enactment in 1969 of Public Law 91-148 (83 Stat.
360); and
``(ii) the enactment in 1980 of Public Law 96-551 (94 Stat.
3233);
``(B) the establishment of the Lake Tahoe Basin Management
Unit in 1973;
``(C) the enactment of Public Law 96-586 (94 Stat. 3381) in
1980 to provide for the acquisition of environmentally
sensitive land and erosion control grants in the Lake Tahoe
Basin;
``(D) the enactment of sections 341 and 342 of the
Department of the Interior and Related Agencies
Appropriations Act, 2004 (Public Law 108-108; 117 Stat.
1317), which amended the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat. 2346)
to provide payments for the environmental restoration
programs under this Act; and
``(E) the enactment of section 382 of the Tax Relief and
Health Care Act of 2006 (Public Law 109-432; 120 Stat. 3045),
which amended the Southern Nevada Public Land Management Act
of 1998 (Public Law 105-263; 112 Stat. 2346) to authorize
development and implementation of a comprehensive 10-year
hazardous fuels and fire prevention plan for the Lake Tahoe
Basin;
``(11) the Assistant Secretary was an original signatory in
1997 to the Agreement of Federal Departments on Protection of
the Environment and Economic Health of the Lake Tahoe Basin;
``(12) the Chief of Engineers, under direction from the
Assistant Secretary, has continued to be a significant
contributor to Lake Tahoe Basin restoration, including--
``(A) stream and wetland restoration; and
``(B) programmatic technical assistance;
``(13) at the Lake Tahoe Presidential Forum in 1997, the
President renewed the commitment of the Federal Government to
Lake Tahoe by--
``(A) committing to increased Federal resources for
ecological restoration at Lake Tahoe; and
``(B) establishing the Federal Interagency Partnership and
Federal Advisory Committee to consult on natural resources
issues concerning the Lake Tahoe Basin;
[[Page S5783]]
``(14) at the 2011 and 2012 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Heller, Senator Ensign,
Governor Gibbons, Governor Sandoval, and Governor Brown--
``(A) renewed their commitment to Lake Tahoe; and
``(B) expressed their desire to fund the Federal and State
shares of the Environmental Improvement Program through 2022;
``(15) since 1997, the Federal Government, the States of
California and Nevada, units of local government, and the
private sector have contributed more than $1,955,500,000 to
the Lake Tahoe Basin, including--
``(A) $635,400,000 from the Federal Government;
``(B) $758,600,000 from the State of California;
``(C) $123,700,000 from the State of Nevada;
``(D) $98,900,000 from units of local government; and
``(E) $338,900,000 from private interests;
``(16) significant additional investment from Federal,
State, local, and private sources is necessary--
``(A) to restore and sustain the ecological health of the
Lake Tahoe Basin;
``(B) to adapt to the impacts of fluctuating water
temperature and precipitation; and
``(C) to prevent the introduction and establishment of
invasive species in the Lake Tahoe Basin; and
``(17) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least
$10,000,000 annually for the Fire Risk Reduction and Forest
Management Program.
``(b) Purposes.--The purposes of this Act are--
``(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife Service, and
the Administrator, in cooperation with the Planning Agency
and the States of California and Nevada, to fund, plan, and
implement significant new environmental restoration
activities and forest management activities in the Lake Tahoe
Basin;
``(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together to
manage land in the Lake Tahoe Basin;
``(3) to support local governments in efforts related to
environmental restoration, stormwater pollution control, fire
risk reduction, and forest management activities; and
``(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
``(A) to develop and implement a plan for integrated
monitoring, assessment, and applied research to evaluate the
effectiveness of the Environmental Improvement Program; and
``(B) to provide objective information as a basis for
ongoing decisionmaking, with an emphasis on decisionmaking
relating to resource management in the Lake Tahoe Basin.''.
SEC. 7622. DEFINITIONS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2351) is amended by striking section 3 and inserting
the following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(3) Chair.--The term `Chair' means the Chair of the
Federal Partnership.
``(4) Compact.--The term `Compact' means the Tahoe Regional
Planning Compact included in the first section of Public Law
96-551 (94 Stat. 3233).
``(5) Directors.--The term `Directors' means--
``(A) the Director of the United States Fish and Wildlife
Service; and
``(B) the Director of the United States Geological Survey.
``(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
``(A) the Environmental Improvement Program adopted by the
Planning Agency; and
``(B) any amendments to the Program.
``(7) Environmental threshold carrying capacity.--The term
`environmental threshold carrying capacity' has the meaning
given the term in Article II of the Compact.
``(8) Federal partnership.--The term `Federal Partnership'
means the Lake Tahoe Federal Interagency Partnership
established by Executive Order 13057 (62 Fed. Reg. 41249) (or
a successor Executive order).
``(9) Forest management activity.--The term `forest
management activity' includes--
``(A) prescribed burning for ecosystem health and hazardous
fuels reduction;
``(B) mechanical and minimum tool treatment;
``(C) stream environment zone restoration and other
watershed and wildlife habitat enhancements;
``(D) nonnative invasive species management; and
``(E) other activities consistent with Forest Service
practices, as the Secretary determines to be appropriate.
``(10) Maps.--The term `Maps' means the maps--
``(A) entitled--
``(i) `LTRA USFS-CA Land Exchange/North Shore';
``(ii) `LTRA USFS-CA Land Exchange/West Shore'; and
``(iii) `LTRA USFS-CA Land Exchange/South Shore'; and
``(B) dated January 4, 2016, and on file and available for
public inspection in the appropriate offices of--
``(i) the Forest Service;
``(ii) the California Tahoe Conservancy; and
``(iii) the California Department of Parks and Recreation.
``(11) National wildland fire code.--The term `national
wildland fire code' means--
``(A) the most recent publication of the National Fire
Protection Association codes numbered 1141, 1142, 1143, and
1144;
``(B) the most recent publication of the International
Wildland-Urban Interface Code of the International Code
Council; or
``(C) any other code that the Secretary determines provides
the same, or better, standards for protection against
wildland fire as a code described in subparagraph (A) or (B).
``(12) Planning agency.--The term `Planning Agency' means
the Tahoe Regional Planning Agency established under Public
Law 91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat.
3233).
``(13) Priority list.--The term `Priority List' means the
environmental restoration priority list developed under
section 5(b).
``(14) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
``(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to the
presence of surface water or groundwater.
``(16) Total maximum daily load.--The term `total maximum
daily load' means the total maximum daily load allocations
adopted under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)).
``(17) Watercraft.--The term `watercraft' means motorized
and non-motorized watercraft, including boats, seaplanes,
personal watercraft, kayaks, and canoes.''.
SEC. 7623. IMPROVED ADMINISTRATION OF THE LAKE TAHOE BASIN
MANAGEMENT UNIT.
Section 4 of the Lake Tahoe Restoration Act (Public Law
106-506; 114 Stat. 2353) is amended--
(1) in subsection (b)(3), by striking ``basin'' and
inserting ``Basin''; and
(2) by adding at the end the following:
``(c) Forest Management Activities.--
``(1) Coordination.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall, as appropriate, coordinate with the
Administrator and State and local agencies and organizations,
including local fire departments and volunteer groups.
``(B) Goals.--The coordination of activities under
subparagraph (A) should aim to increase efficiencies and
maximize the compatibility of management practices across
public property boundaries.
``(2) Multiple benefits.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall conduct the activities in a manner that--
``(i) except as provided in subparagraph (B), attains
multiple ecosystem benefits, including--
``(I) reducing forest fuels;
``(II) maintaining biological diversity;
``(III) improving wetland and water quality, including in
Stream Environment Zones; and
``(IV) increasing resilience to changing water temperature
and precipitation; and
``(ii) helps achieve and maintain the environmental
threshold carrying capacities established by the Planning
Agency.
``(B) Exception.--Notwithstanding subparagraph (A)(i), the
attainment of multiple ecosystem benefits shall not be
required if the Secretary determines that management for
multiple ecosystem benefits would excessively increase the
cost of a program in relation to the additional ecosystem
benefits gained from the management activity.
``(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land and
resource management plan direction, the Secretary shall--
``(A) establish post-program ground condition criteria for
ground disturbance caused by forest management activities;
and
``(B) provide for monitoring to ascertain the attainment of
the post-program conditions.
``(d) Withdrawal of Federal Land.--
``(1) In general.--Subject to valid existing rights and
paragraph (2), the Federal land located in the Lake Tahoe
Basin Management Unit is withdrawn from--
``(A) all forms of entry, appropriation, or disposal under
the public land laws;
``(B) location, entry, and patent under the mining laws;
and
``(C) disposition under all laws relating to mineral and
geothermal leasing.
``(2) Exceptions.--A conveyance of land shall be exempt
from withdrawal under this subsection if carried out under--
``(A) this Act; or
``(B) Public Law 96-586 (94 Stat. 3381) (commonly known as
the `Santini-Burton Act').
``(e) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of
the environmental threshold carrying capacities.
[[Page S5784]]
``(f) Cooperative Authorities.--During the 4 fiscal years
following the date of enactment of the Water Resources
Development Act of 2016, the Secretary, in conjunction with
land adjustment programs, may enter into contracts and
cooperative agreements with States, units of local
government, and other public and private entities to provide
for fuel reduction, erosion control, reforestation, Stream
Environment Zone restoration, and similar management
activities on Federal land and non-Federal land within the
programs.''.
SEC. 7624. AUTHORIZED PROGRAMS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2351) is amended by striking section 5 and inserting
the following:
``SEC. 5. AUTHORIZED PROGRAMS.
``(a) In General.--The Secretary, the Assistant Secretary,
the Directors, and the Administrator, in coordination with
the Planning Agency and the States of California and Nevada,
may carry out or provide financial assistance to any program
that--
``(1) is described in subsection (d);
``(2) is included in the Priority List under subsection
(b); and
``(3) furthers the purposes of the Environmental
Improvement Program if the program has been subject to
environmental review and approval, respectively, as required
under Federal law, Article VII of the Compact, and State law,
as applicable.
``(b) Priority List.--
``(1) Deadline.--Not later than March 15 of the year after
the date of enactment of the Water Resources Development Act
of 2016, the Chair, in consultation with the Secretary, the
Administrator, the Directors, the Planning Agency, the States
of California and Nevada, the Federal Partnership, the Washoe
Tribe, the Lake Tahoe Federal Advisory Committee, and the
Tahoe Science Consortium (or a successor organization) shall
submit to Congress a prioritized Environmental Improvement
Program list for the Lake Tahoe Basin for the program
categories described in subsection (d).
``(2) Criteria.--The ranking of the Priority List shall be
based on the best available science and the following
criteria:
``(A) The 4-year threshold carrying capacity evaluation.
``(B) The ability to measure progress or success of the
program.
``(C) The potential to significantly contribute to the
achievement and maintenance of the environmental threshold
carrying capacities identified in Article II of the Compact.
``(D) The ability of a program to provide multiple
benefits.
``(E) The ability of a program to leverage non-Federal
contributions.
``(F) Stakeholder support for the program.
``(G) The justification of Federal interest.
``(H) Agency priority.
``(I) Agency capacity.
``(J) Cost-effectiveness.
``(K) Federal funding history.
``(3) Revisions.--The Priority List submitted under
paragraph (1) shall be revised every 2 years.
``(4) Funding.--Of the amounts made available under section
10(a), $80,000,000 shall be made available to the Secretary
to carry out projects listed on the Priority List.
``(c) Restriction.--The Administrator shall use not more
than 3 percent of the funds provided under subsection (a) for
administering the programs described in paragraphs (1) and
(2) of subsection (d).
``(d) Description of Activities.--
``(1) Fire risk reduction and forest management.--
``(A) In general.--Of the amounts made available under
section 10(a), $150,000,000 shall be made available to the
Secretary to carry out, including by making grants, the
following programs:
``(i) Programs identified as part of the Lake Tahoe Basin
Multi-Jurisdictional Fuel Reduction and Wildfire Prevention
Strategy 10-Year Plan.
``(ii) Competitive grants for fuels work to be awarded by
the Secretary to communities that have adopted national
wildland fire codes to implement the applicable portion of
the 10-year plan described in clause (i).
``(iii) Biomass programs, including feasibility
assessments.
``(iv) Angora Fire Restoration under the jurisdiction of
the Secretary.
``(v) Washoe Tribe programs on tribal lands within the Lake
Tahoe Basin.
``(vi) Development of an updated Lake Tahoe Basin
multijurisdictional fuel reduction and wildfire prevention
strategy, consistent with section 4(c).
``(vii) Development of updated community wildfire
protection plans by local fire districts.
``(viii) Municipal water infrastructure that significantly
improves the firefighting capability of local government
within the Lake Tahoe Basin.
``(ix) Stewardship end result contracting projects carried
out under section 604 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c).
``(B) Minimum allocation.--Of the amounts made available to
the Secretary to carry out subparagraph (A), at least
$100,000,000 shall be used by the Secretary for programs
under subparagraph (A)(i).
``(C) Priority.--Units of local government that have
dedicated funding for inspections and enforcement of
defensible space regulations shall be given priority for
amounts provided under this paragraph.
``(D) Cost-sharing requirements.--
``(i) In general.--As a condition on the receipt of funds,
communities or local fire districts that receive funds under
this paragraph shall provide a 25-percent match.
``(ii) Form of non-federal share.--
``(I) In general.--The non-Federal share required under
clause (i) may be in the form of cash contributions or in-
kind contributions, including providing labor, equipment,
supplies, space, and other operational needs.
``(II) Credit for certain dedicated funding.--There shall
be credited toward the non-Federal share required under
clause (i) any dedicated funding of the communities or local
fire districts for a fuels reduction management program,
defensible space inspections, or dooryard chipping.
``(III) Documentation.--Communities and local fire
districts shall--
``(aa) maintain a record of in-kind contributions that
describes--
``(AA) the monetary value of the in-kind contributions; and
``(BB) the manner in which the in-kind contributions assist
in accomplishing program goals and objectives; and
``(bb) document in all requests for Federal funding, and
include in the total program budget, evidence of the
commitment to provide the non-Federal share through in-kind
contributions.
``(2) Invasive species management.--
``(A) In general.--Of the amounts made available under
section 10(a), $45,000,000 shall be made available to the
Director of the United States Fish and Wildlife Service for
the Aquatic Invasive Species Program and the watercraft
inspections described in subparagraph (B).
``(B) Description of activities.--The Director of the
United States Fish and Wildlife Service, in coordination with
the Assistant Secretary, the Planning Agency, the California
Department of Fish and Wildlife, and the Nevada Department of
Wildlife, shall deploy strategies consistent with the Lake
Tahoe Aquatic Invasive Species Management Plan to prevent the
introduction or spread of aquatic invasive species in the
Lake Tahoe region.
``(C) Criteria.--The strategies referred to in subparagraph
(B) shall provide that--
``(i) combined inspection and decontamination stations be
established and operated at not less than 2 locations in the
Lake Tahoe region; and
``(ii) watercraft not be allowed to launch in waters of the
Lake Tahoe region if the watercraft has not been inspected in
accordance with the Lake Tahoe Aquatic Invasive Species
Management Plan.
``(D) Certification.--The Planning Agency may certify State
and local agencies to perform the decontamination activities
described in subparagraph (C)(i) at locations outside the
Lake Tahoe Basin if standards at the sites meet or exceed
standards for similar sites in the Lake Tahoe Basin
established under this paragraph.
``(E) Applicability.--The strategies and criteria developed
under this paragraph shall apply to all watercraft to be
launched on water within the Lake Tahoe region.
``(F) Fees.--The Director of the United States Fish and
Wildlife Service may collect and spend fees for
decontamination only at a level sufficient to cover the costs
of operation of inspection and decontamination stations under
this paragraph.
``(G) Civil penalties.--
``(i) In general.--Any person that launches, attempts to
launch, or facilitates launching of watercraft not in
compliance with strategies deployed under this paragraph
shall be liable for a civil penalty in an amount not to
exceed $1,000 per violation.
``(ii) Other authorities.--Any penalties assessed under
this subparagraph shall be separate from penalties assessed
under any other authority.
``(H) Limitation.--The strategies and criteria under
subparagraphs (B) and (C), respectively, may be modified if
the Secretary of the Interior, in a nondelegable capacity and
in consultation with the Planning Agency and State
governments, issues a determination that alternative measures
will be no less effective at preventing introduction of
aquatic invasive species into Lake Tahoe than the strategies
and criteria developed under subparagraphs (B) and (C),
respectively.
``(I) Supplemental authority.--The authority under this
paragraph is supplemental to all actions taken by non-Federal
regulatory authorities.
``(J) Savings clause.--Nothing in this title restricts,
affects, or amends any other law or the authority of any
department, instrumentality, or agency of the United States,
or any State or political subdivision thereof, respecting the
control of invasive species.
``(3) Stormwater management, erosion control, and total
watershed restoration.--Of the amounts made available under
section 10(a), $113,000,000 shall be made available--
``(A) to the Secretary, the Secretary of the Interior, the
Assistant Secretary, or the Administrator for the Federal
share of stormwater management and related programs
consistent with the adopted Total Maximum Daily Load and
near-shore water quality goals;
``(B) for grants by the Secretary and the Administrator to
carry out the programs described in subparagraph (A);
``(C) to the Secretary or the Assistant Secretary for the
Federal share of the Upper Truckee River restoration programs
and
[[Page S5785]]
other watershed restoration programs identified in the
Priority List established under section 5(b); and
``(D) for grants by the Administrator to carry out the
programs described in subparagraph (C).
``(4) Special status species management.--Of the amounts
made available under section 10(a), $20,000,000 shall be made
available to the Director of the United States Fish and
Wildlife Service for the Lahontan Cutthroat Trout Recovery
Program.''.
SEC. 7625. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
The Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2351) is amended by striking section 6 and inserting
the following:
``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
``(a) Program Performance and Accountability.--
``(1) In general.--Of the amounts made available under
section 10(a), not less than $5,000,000 shall be made
available to the Secretary to carry out this section.
``(2) Planning agency.--Of the amounts described in
paragraph (1), not less than 50 percent shall be made
available to the Planning Agency to carry out the program
oversight and coordination activities established under
subsection (d).
``(b) Consultation.--In carrying out this Act, the
Secretary, the Administrator, and the Directors shall, as
appropriate and in a timely manner, consult with the heads of
the Washoe Tribe, applicable Federal, State, regional, and
local governmental agencies, and the Lake Tahoe Federal
Advisory Committee.
``(c) Corps of Engineers; Interagency Agreements.--
``(1) In general.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous
General Investigations funds to provide programmatic
technical assistance for the Environmental Improvement
Program.
``(2) Local cooperation agreements.--
``(A) In general.--Before providing technical assistance
under this section, the Assistant Secretary shall enter into
a local cooperation agreement with a non-Federal interest to
provide for the technical assistance.
``(B) Components.--The agreement entered into under
subparagraph (A) shall--
``(i) describe the nature of the technical assistance;
``(ii) describe any legal and institutional structures
necessary to ensure the effective long-term viability of the
end products by the non-Federal interest; and
``(iii) include cost-sharing provisions in accordance with
subparagraph (C).
``(C) Federal share.--
``(i) In general.--The Federal share of program costs under
each local cooperation agreement under this paragraph shall
be 65 percent.
``(ii) Form.--The Federal share may be in the form of
reimbursements of program costs.
``(iii) Credit.--The non-Federal interest may receive
credit toward the non-Federal share for the reasonable costs
of related technical activities completed by the non-Federal
interest before entering into a local cooperation agreement
with the Assistant Secretary under this paragraph.
``(d) Effectiveness Evaluation and Monitoring.--In carrying
out this Act, the Secretary, the Administrator, and the
Directors, in coordination with the Planning Agency and the
States of California and Nevada, shall--
``(1) develop and implement a plan for integrated
monitoring, assessment, and applied research to evaluate the
effectiveness of the Environmental Improvement Program;
``(2) include funds in each program funded under this
section for monitoring and assessment of results at the
program level; and
``(3) use the integrated multiagency performance measures
established under this section.
``(e) Reporting Requirements.--Not later than March 15 of
each year, the Secretary, in cooperation with the Chair, the
Administrator, the Directors, the Planning Agency, and the
States of California and Nevada, consistent with subsection
(a), shall submit to Congress a report that describes--
``(1) the status of all Federal, State, local, and private
programs authorized under this Act, including to the maximum
extent practicable, for programs that will receive Federal
funds under this Act during the current or subsequent fiscal
year--
``(A) the program scope;
``(B) the budget for the program; and
``(C) the justification for the program, consistent with
the criteria established in section 5(b)(2);
``(2) Federal, State, local, and private expenditures in
the preceding fiscal year to implement the Environmental
Improvement Program;
``(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the performance
measures and other monitoring and assessment activities; and
``(4) public education and outreach efforts undertaken to
implement programs authorized under this Act.
``(f) Annual Budget Plan.--As part of the annual budget of
the President, the President shall submit information
regarding each Federal agency involved in the Environmental
Improvement Program (including the Forest Service, the
Environmental Protection Agency, the United States Fish and
Wildlife Service, the United States Geological Survey, and
the Corps of Engineers), including--
``(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in carrying
out restoration activities relating to the Environmental
Improvement Program for the following fiscal year;
``(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of the
Environmental Improvement Program during the preceding fiscal
year; and
``(3) a description of the Federal role in the
Environmental Improvement Program, including the specific
role of each agency involved in the restoration of the Lake
Tahoe Basin.''.
SEC. 7626. CONFORMING AMENDMENTS; UPDATES TO RELATED LAWS.
(a) Lake Tahoe Restoration Act.--The Lake Tahoe Restoration
Act (Public Law 106-506; 114 Stat. 2351) is amended--
(1) by striking sections 8 and 9;
(2) by redesignating sections 10, 11, and 12 as sections 8,
9, and 10, respectively; and
(3) in section 9 (as redesignated by paragraph (2)) by
inserting ``, Director, or Administrator'' after
``Secretary''.
(b) Tahoe Regional Planning Compact.--Subsection (c) of
Article V of the Tahoe Regional Planning Compact (Public Law
96-551; 94 Stat. 3240) is amended in the third sentence by
inserting ``and, in so doing, shall ensure that the regional
plan reflects changing economic conditions and the economic
effect of regulation on commerce'' after ``maintain the
regional plan''.
(c) Treatment Under Title 49, United States Code.--Section
5303(r)(2)(C) of title 49, United States Code, is amended--
(1) by inserting ``and 25 square miles of land area'' after
``145,000''; and
(2) by inserting ``and 12 square miles of land area'' after
``65,000''.
SEC. 7627. AUTHORIZATION OF APPROPRIATIONS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2351) is amended by striking section 10 (as
redesignated by section 7626(a)(2)) and inserting the
following:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this Act $415,000,000 for a
period of 10 fiscal years beginning the first fiscal year
after the date of enactment of the Water Resources
Development Act of 2016.
``(b) Effect on Other Funds.--Amounts authorized under this
section and any amendments made by this Act--
``(1) shall be in addition to any other amounts made
available to the Secretary, the Administrator, or the
Directors for expenditure in the Lake Tahoe Basin; and
``(2) shall not reduce allocations for other Regions of the
Forest Service, the Environmental Protection Agency, or the
United States Fish and Wildlife Service.
``(c) Cost-Sharing Requirement.--Except as provided in
subsection (d) and section 5(d)(1)(D), funds for activities
carried out under section 5 shall be available for obligation
on a 1-to-1 basis with funding of restoration activities in
the Lake Tahoe Basin by the States of California and Nevada.
``(d) Relocation Costs.--Notwithstanding subsection (c),
the Secretary shall provide to local utility districts \2/3\
of the costs of relocating facilities in connection with--
``(1) environmental restoration programs under sections 5
and 6; and
``(2) erosion control programs under section 2 of Public
Law 96-586 (94 Stat. 3381).
``(e) Signage.--To the maximum extent practicable, a
program provided assistance under this Act shall include
appropriate signage at the program site that--
``(1) provides information to the public on--
``(A) the amount of Federal funds being provided to the
program; and
``(B) this Act; and
``(2) displays the visual identity mark of the
Environmental Improvement Program.''.
SEC. 7628. LAND TRANSFERS TO IMPROVE MANAGEMENT EFFICIENCIES
OF FEDERAL AND STATE LAND.
Section 3(b) of Public Law 96-586 (94 Stat. 3384) (commonly
known as the ``Santini-Burton Act'') is amended--
(1) by striking ``(b) Lands'' and inserting the following:
``(b) Administration of Acquired Land.--
``(1) In general.--Land''; and
(2) by adding at the end the following:
``(2) California conveyances.--
``(A) In general.--If the State of California (acting
through the California Tahoe Conservancy and the California
Department of Parks and Recreation) offers to donate to the
United States the non-Federal land described in subparagraph
(B)(i), the Secretary--
``(i) may accept the offer; and
``(ii) convey to the State of California, subject to valid
existing rights and for no consideration, all right, title,
and interest of the United States in and to the Federal land.
``(B) Description of land.--
``(i) Non-federal land.--The non-Federal land referred to
in subparagraph (A) includes--
``(I) the approximately 1,936 acres of land administered by
the California Tahoe Conservancy and identified on the Maps
as `Tahoe Conservancy to the USFS'; and
``(II) the approximately 183 acres of land administered by
California State Parks and
[[Page S5786]]
identified on the Maps as `Total USFS to California'.
``(ii) Federal land.--The Federal land referred to in
subparagraph (A) includes the approximately 1,995 acres of
Forest Service land identified on the Maps as `U.S. Forest
Service to Conservancy and State Parks'.
``(C) Conditions.--Any land conveyed under this paragraph
shall--
``(i) be for the purpose of consolidating Federal and State
ownerships and improving management efficiencies;
``(ii) not result in any significant changes in the uses of
the land; and
``(iii) be subject to the condition that the applicable
deed include such terms, restrictions, covenants, conditions,
and reservations as the Secretary determines necessary--
``(I) to ensure compliance with this Act; and
``(II) to ensure that the transfer of development rights
associated with the conveyed parcels shall not be recognized
or available for transfer under chapter 51 of the Code of
Ordinances for the Tahoe Regional Planning Agency.
``(D) Continuation of special use permits.--The land
conveyance under this paragraph shall be subject to the
condition that the State of California accept all special use
permits applicable, as of the date of enactment of the Water
Resources Development Act of 2016, to the land described in
subparagraph (B)(ii) for the duration of the special use
permits, and subject to the terms and conditions of the
special use permits.
``(3) Nevada conveyances.--
``(A) In general.--In accordance with this section and on
request by the Governor of Nevada, the Secretary may transfer
the land or interests in land described in subparagraph (B)
to the State of Nevada without consideration, subject to
appropriate deed restrictions to protect the environmental
quality and public recreational use of the land transferred.
``(B) Description of land.--The land referred to in
subparagraph (A) includes--
``(i) the approximately 38.68 acres of Forest Service land
identified on the map entitled `State of Nevada Conveyances'
as `Van Sickle Unit USFS Inholding'; and
``(ii) the approximately 92.28 acres of Forest Service land
identified on the map entitled `State of Nevada Conveyances'
as `Lake Tahoe Nevada State Park USFS Inholding'.
``(C) Conditions.--Any land conveyed under this paragraph
shall--
``(i) be for the purpose of consolidating Federal and State
ownerships and improving management efficiencies;
``(ii) not result in any significant changes in the uses of
the land; and
``(iii) be subject to the condition that the applicable
deed include such terms, restrictions, covenants, conditions,
and reservations as the Secretary determines necessary--
``(I) to ensure compliance with this Act; and
``(II) to ensure that the development rights associated
with the conveyed parcels shall not be recognized or
available for transfer under section 90.2 of the Code of
Ordinances for the Tahoe Regional Planning Agency.
``(D) Continuation of special use permits.--The land
conveyance under this paragraph shall be subject to the
condition that the State of Nevada accept all special use
permits applicable, as of the date of enactment of the Water
Resources Development Act of 2016, to the land described in
subparagraph (B)(ii) for the duration of the special use
permits, and subject to the terms and conditions of the
special use permits.
``(4) Authorization for conveyance of forest service urban
lots.--
``(A) Conveyance authority.--Except in the case of land
described in paragraphs (2) and (3), the Secretary of
Agriculture may convey any urban lot within the Lake Tahoe
Basin under the administrative jurisdiction of the Forest
Service.
``(B) Consideration.--A conveyance under subparagraph (A)
shall require consideration in an amount equal to the fair
market value of the conveyed lot.
``(C) Availability and use.--The proceeds from a conveyance
under subparagraph (A) shall be retained by the Secretary of
Agriculture and used for--
``(i) purchasing inholdings throughout the Lake Tahoe
Basin; or
``(ii) providing additional funds to carry out the Lake
Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) in
excess of amounts made available under section 10 of that
Act.
``(D) Obligation limit.--The obligation and expenditure of
proceeds retained under this paragraph shall be subject to
such fiscal year limitation as may be specified in an Act
making appropriations for the Forest Service for a fiscal
year.
``(5) Reversion.--If a parcel of land transferred under
paragraph (2) or (3) is used in a manner that is inconsistent
with the use described for the parcel of land in paragraph
(2) or (3), respectively, the parcel of land, shall, at the
discretion of the Secretary, revert to the United States.
``(6) Funding.--
``(A) In general.--Of the amounts made available under
section 10(a) of the Lake Tahoe Restoration Act (Public Law
106-506; 114 Stat. 2351), $2,000,000 shall be made available
to the Secretary to carry out the activities under paragraphs
(2), (3), and (4).
``(B) Other funds.--Of the amounts available to the
Secretary under paragraph (1), not less than 50 percent shall
be provided to the California Tahoe Conservancy to facilitate
the conveyance of land described in paragraphs (2) and
(3).''.
PART III--LONG ISLAND SOUND RESTORATION
SEC. 7631. RESTORATION AND STEWARDSHIP PROGRAMS.
(a) Long Island Sound Restoration Program.--Section 119 of
the Federal Water Pollution Control Act (33 U.S.C. 1269) is
amended--
(1) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Office shall'' and inserting the following:
``(b) Office.--
``(1) Establishment.--The Administrator shall--
``(A) continue to carry out the conference study; and
``(B) establish an office, to be located on or near Long
Island Sound.
``(2) Administration and staffing.--The Office shall'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``Management Conference of the Long Island Sound Study'' and
inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through (G), by striking
the commas at the end of the subparagraphs and inserting
semicolons;
(ii) in subparagraph (H), by striking ``, and'' and
inserting a semicolon;
(iii) in subparagraph (I), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(J) environmental impacts on the Long Island Sound
watershed, including--
``(i) the identification and assessment of vulnerabilities
in the watershed;
``(ii) the development and implementation of adaptation
strategies to reduce those vulnerabilities; and
``(iii) the identification and assessment of the impacts of
sea level rise on water quality, habitat, and infrastructure;
and
``(K) planning initiatives for Long Island Sound that
identify the areas that are most suitable for various types
or classes of activities in order to reduce conflicts among
uses, reduce adverse environmental impacts, facilitate
compatible uses, or preserve critical ecosystem services to
meet economic, environmental, security, or social
objectives;'';
(C) by striking paragraph (4) and inserting the following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on the Internet)'' after
``the public''; and
(ii) by inserting ``study'' after ``conference''; and
(F) by striking paragraph (7) and inserting the following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(3) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(4) by redesignating subsection (f) as subsection (i); and
(5) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Water Resources Development Act of 2016, and
biennially thereafter, the Director of the Office, in
consultation with the Governor of each Long Island Sound
State, shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by the
Office and the Long Island Sound States in implementing the
Long Island Sound Comprehensive Conservation and Management
Plan, including an assessment of the progress made toward
meeting the performance goals and milestones contained in the
Plan;
``(B) assesses the key ecological attributes that reflect
the health of the ecosystem of the Long Island Sound
watershed;
``(C) describes any substantive modifications to the Long
Island Sound Comprehensive Conservation and Management Plan
made during the 2-year period preceding the date of
submission of the report;
``(D) provides specific recommendations to improve progress
in restoring and protecting the Long Island Sound watershed,
including, as appropriate, proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan;
``(E) identifies priority actions for implementation of the
Long Island Sound Comprehensive Conservation and Management
Plan for the 2-year period following the date of submission
of the report; and
``(F) describes the means by which Federal funding and
actions will be coordinated with the actions of the Long
Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in
[[Page S5787]]
paragraph (1) available to the public, including on the
Internet.
``(g) Annual Budget Plan.--The President shall submit,
together with the annual budget of the United States
Government submitted under section 1105(a) of title 31,
United States Code, information regarding each Federal
department and agency involved in the protection and
restoration of the Long Island Sound watershed, including--
``(1) an interagency crosscut budget that displays for each
department and agency--
``(A) the amount obligated during the preceding fiscal year
for protection and restoration projects and studies relating
to the watershed;
``(B) the estimated budget for the current fiscal year for
protection and restoration projects and studies relating to
the watershed; and
``(C) the proposed budget for succeeding fiscal years for
protection and restoration projects and studies relating to
the watershed; and
``(2) a summary of any proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan
for the following fiscal year.
``(h) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that impact
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office,
may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel appointments.
``(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall participate in regional and
subwatershed planning, protection, and restoration activities
with respect to the watershed.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department and agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--
(1) Long island sound stewardship advisory committee.--
Section 8 of the Long Island Sound Stewardship Act of 2006
(33 U.S.C. 1269 note; Public Law 109-359) is amended--
(A) in subsection (g), by striking ``2011'' and inserting
``2021''; and
(B) by adding at the end the following:
``(h) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to--
``(1) the Advisory Committee; or
``(2) any board, committee, or other group established
under this Act.''.
(2) Reports.--Section 9(b)(1) of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2021''.
(3) Authorization.--Section 11 of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (a) (as so redesignated), by striking
``under this section each'' and inserting ``to carry out this
Act for a''.
(4) Effective date.--The amendments made by this subsection
take effect on October 1, 2011.
SEC. 7632. REAUTHORIZATION.
(a) In General.--There are authorized to be appropriated to
the Administrator such sums as are necessary for each of
fiscal years 2017 through 2021 for the implementation of--
(1) section 119 of the Federal Water Pollution Control Act
(33 U.S.C. 1269), other than subsection (d) of that section;
and
(2) the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359).
(b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator to carry out section 119(d)
of the Federal Water Pollution Control Act (33 U.S.C.
1269(d)) $40,000,000 for each of fiscal years 2017 through
2021.
(c) Long Island Sound Stewardship Grants.--There is
authorized to be appropriated to the Administrator to carry
out the Long Island Sound Stewardship Act of 2006 (33 U.S.C.
1269 note; Public Law 109-359) $25,000,000 for each of fiscal
years 2017 through 2021.
PART IV--DELAWARE RIVER BASIN CONSERVATION
SEC. 7641. FINDINGS.
Congress finds that--
(1) the Delaware River Basin is a national treasure of
great cultural, environmental, ecological, and economic
importance;
(2) the Basin contains over 12,500 square miles of land in
the States of Delaware, New Jersey, New York, and
Pennsylvania, including nearly 800 square miles of bay and
more than 2,000 tributary rivers and streams;
(3) the Basin is home to more than 8,000,000 people who
depend on the Delaware River and the Delaware Bay as an
economic engine, a place of recreation, and a vital habitat
for fish and wildlife;
(4) the Basin provides clean drinking water to more than
15,000,000 people, including New York City, which relies on
the Basin for approximately half of the drinking water supply
of the city, and Philadelphia, whose most significant threat
to the drinking water supply of the city is loss of forests
and other natural cover in the Upper Basin, according to a
study conducted by the Philadelphia Water Department;
(5) the Basin contributes $25,000,000,000 annually in
economic activity, provides $21,000,000,000 in ecosystem
goods and services per year, and is directly or indirectly
responsible for 600,000 jobs with $10,000,000,000 in annual
wages;
(6) almost 180 species of fish and wildlife are considered
special status species in the Basin due to habitat loss and
degradation, particularly sturgeon, eastern oyster, horseshoe
crabs, and red knots, which have been identified as unique
species in need of habitat improvement;
(7) the Basin provides habitat for over 200 resident and
migrant fish species, includes significant recreational
fisheries, and is an important source of eastern oyster, blue
crab, and the largest population of the American horseshoe
crab;
(8) the annual dockside value of commercial eastern oyster
fishery landings for the Delaware Estuary is nearly
$4,000,000, making it the fourth most lucrative fishery in
the Delaware River Basin watershed, and proven management
strategies are available to increase oyster habitat,
abundance, and harvest;
(9) the Delaware Bay has the second largest concentration
of shorebirds in North America and is designated as one of
the 4 most important shorebird migration sites in the world;
(10) the Basin, 50 percent of which is forested, also has
over 700,000 acres of wetland, more than 126,000 acres of
which are recognized as internationally important, resulting
in a landscape that provides essential ecosystem services,
including recreation, commercial, and water quality benefits;
(11) much of the remaining exemplary natural landscape in
the Basin is vulnerable to further degradation, as the Basin
gains approximately 10 square miles of developed land
annually, and with new development, urban watersheds are
increasingly covered by impervious surfaces, amplifying the
quantity of polluted runoff into rivers and streams;
(12) the Delaware River is the longest undammed river east
of the Mississippi; a critical component of the National Wild
and Scenic Rivers System in the Northeast, with more than 400
miles designated; home to one of the most heavily visited
National Park units in the United States, the Delaware Water
Gap National Recreation Area; and the location of 6 National
Wildlife Refuges;
(13) the Delaware River supports an internationally
renowned cold water fishery in more than 80 miles of its
northern headwaters that attracts tens of thousands of
visitors each year and generates over $21,000,000 in annual
revenue through tourism and recreational activities;
(14) management of water volume in the Basin is critical to
flood mitigation and habitat for fish and wildlife, and
following 3 major floods along the Delaware River since 2004,
the Governors of the States of Delaware, New Jersey, New
York, and Pennsylvania have called for natural flood damage
reduction measures to combat the problem, including restoring
the function of riparian corridors;
(15) the Delaware River Port Complex (including docking
facilities in the States of Delaware, New Jersey, and
Pennsylvania) is one of the largest freshwater ports in the
world, the Port of Philadelphia handles the largest volume of
international tonnage and 70 percent of the oil shipped to
the East Coast, and the Port of Wilmington, a full-service
deepwater port and marine terminal supporting more than
12,000 jobs, is the busiest terminal on the Delaware River,
handling more than 400 vessels per year with an annual
import/export cargo tonnage of more than 4,000,000 tons;
(16) the Delaware Estuary, where freshwater from the
Delaware River mixes with saltwater from the Atlantic Ocean,
is one of the largest and most complex of the 28 estuaries in
the National Estuary Program, and the Partnership for the
Delaware Estuary works to improve the environmental health of
the Delaware Estuary;
(17) the Delaware River Basin Commission is a Federal-
interstate compact government agency charged with overseeing
a unified approach to managing the river system and
implementing important water resources management projects
and activities throughout the Basin that are in the national
interest;
(18) restoration activities in the Basin are supported
through several Federal and State agency programs, and
funding for those important programs should continue and
complement the establishment of the Delaware River Basin
Restoration Program, which is intended to build on and help
coordinate restoration and protection funding mechanisms at
the Federal, State, regional, and local levels; and
(19) the existing and ongoing voluntary conservation
efforts in the Delaware River
[[Page S5788]]
Basin necessitate improved efficiency and cost effectiveness,
as well as increased private-sector investments and
coordination of Federal and non-Federal resources.
SEC. 7642. DEFINITIONS.
In this part:
(1) Basin.--The term ``Basin'' means the 4-State Delaware
Basin region, including all of Delaware Bay and portions of
the States of Delaware, New Jersey, New York, and
Pennsylvania located in the Delaware River watershed.
(2) Basin state.--The term ``Basin State'' means each of
the States of Delaware, New Jersey, New York, and
Pennsylvania.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation, a congressionally chartered
foundation established by section 2 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701).
(5) Grant program.--The term ``grant program'' means the
voluntary Delaware River Basin Restoration Grant Program
established under section 7644.
(6) Program.--The term ``program'' means the nonregulatory
Delaware River Basin restoration program established under
section 7643.
(7) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend, and for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
SEC. 7643. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
nonregulatory program to be known as the ``Delaware River
Basin restoration program''.
(b) Duties.--In carrying out the program, the Secretary
shall--
(1) draw on existing and new management plans for the
Basin, or portions of the Basin, and work in consultation
with applicable management entities, including
representatives of the Partnership for the Delaware Estuary,
the Delaware River Basin Commission, the Federal Government,
and other State and local governments, and regional and
nonprofit organizations, as appropriate, to identify,
prioritize, and implement restoration and protection
activities within the Basin;
(2) adopt a Basinwide strategy that--
(A) supports the implementation of a shared set of science-
based restoration and protection activities developed in
accordance with paragraph (1);
(B) targets cost-effective projects with measurable
results; and
(C) maximizes conservation outcomes with no net gain of
Federal full-time equivalent employees; and
(3) establish the voluntary grant and technical assistance
programs in accordance with section 7644.
(c) Coordination.--In establishing the program, the
Secretary shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator;
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Chief of the Natural Resources Conservation
Service;
(D) the Chief of Engineers; and
(E) the head of any other applicable agency;
(2) the Governors of the Basin States;
(3) the Partnership for the Delaware Estuary;
(4) the Delaware River Basin Commission;
(5) fish and wildlife joint venture partnerships; and
(6) other public agencies and organizations with authority
for the planning and implementation of conservation
strategies in the Basin.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Basin; and
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance throughout
the Basin and Basin States--
(A) to sustain and enhance fish and wildlife habitat
restoration and protection activities;
(B) to improve and maintain water quality to support fish
and wildlife, as well as the habitats of fish and wildlife,
and drinking water for people;
(C) to sustain and enhance water management for volume and
flood damage mitigation improvements to benefit fish and
wildlife habitat;
(D) to improve opportunities for public access and
recreation in the Basin consistent with the ecological needs
of fish and wildlife habitat;
(E) to facilitate strategic planning to maximize the
resilience of natural systems and habitats under changing
watershed conditions;
(F) to engage the public through outreach, education, and
citizen involvement, to increase capacity and support for
coordinated restoration and protection activities in the
Basin;
(G) to increase scientific capacity to support the
planning, monitoring, and research activities necessary to
carry out coordinated restoration and protection activities;
and
(H) to provide technical assistance to carry out
restoration and protection activities in the Basin.
SEC. 7644. GRANTS AND ASSISTANCE.
(a) Delaware River Basin Restoration Grant Program.--To the
extent that funds are available to carry out this section,
the Secretary shall establish a voluntary grant and technical
assistance program to be known as the ``Delaware River Basin
Restoration Grant Program'' to provide competitive matching
grants of varying amounts to State and local governments,
nonprofit organizations, institutions of higher education,
and other eligible entities to carry out activities described
in section 7643(d).
(b) Criteria.--The Secretary, in consultation with the
organizations described in section 7643(c), shall develop
criteria for the grant program to help ensure that activities
funded under this section accomplish one or more of the
purposes identified in section 7643(d)(2) and advance the
implementation of priority actions or needs identified in the
Basinwide strategy adopted under section 7643(b)(2).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the grant program shall not exceed 50
percent of the total cost of the activity, as determined by
the Secretary.
(2) Non-federal share.--The non-Federal share of the cost
of a project funded under the grant program may be provided
in cash or in the form of an in-kind contribution of services
or materials.
(d) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and
Wildlife Foundation or a similar organization that offers
grant management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the organization selected shall--
(A) for each fiscal year, receive amounts to carry out this
section in an advance payment of the entire amount on October
1, or as soon as practicable thereafter, of that fiscal year;
(B) invest and reinvest those amounts for the benefit of
the grant program; and
(C) otherwise administer the grant program to support
partnerships between the public and private sectors in
accordance with this part.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any
amounts received by the Foundation under this section shall
be subject to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.), excluding section
10(a) of that Act (16 U.S.C. 3709(a)).
SEC. 7645. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this
Act and annually thereafter, the Secretary shall submit to
Congress a report on the implementation of this part,
including a description of each project that has received
funding under this part.
SEC. 7646. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Secretary to carry out this part $5,000,000 for each of
fiscal years 2017 through 2022.
(b) Use.--Of any amount made available under this section
for each fiscal year, the Secretary shall use at least 75
percent to carry out the grant program under section 7644 and
to provide, or provide for, technical assistance under that
program.
PART V--COLUMBIA RIVER BASIN RESTORATION
SEC. 7651. COLUMBIA RIVER BASIN RESTORATION.
Title I of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) is amended by adding at the end the
following:
``SEC. 123. COLUMBIA RIVER BASIN RESTORATION.
``(a) Definitions.--
``(1) Columbia river basin.--The term `Columbia River
Basin' means the entire United States portion of the Columbia
River watershed.
``(2) Estuary partnership.--The term `Estuary Partnership'
means the Lower Columbia Estuary Partnership, an entity
created by the States of Oregon and Washington and the
Environmental Protection Agency under section 320.
``(3) Estuary plan.--
``(A) In general.--The term `Estuary Plan' means the
Estuary Partnership Comprehensive Conservation and Management
Plan adopted by the Environmental Protection Agency and the
Governors of Oregon and Washington on October 20, 1999, under
section 320.
``(B) Inclusion.--The term `Estuary Plan' includes any
amendments to the plan.
``(4) Lower columbia river estuary.--The term `Lower
Columbia River Estuary' means the mainstem Columbia River
from the Bonneville Dam to the Pacific Ocean and tidally
influenced portions of tributaries to the Columbia River in
that region.
``(5) Middle and upper columbia river basin.--The term
`Middle and Upper Columbia River Basin' means the region
consisting of the United States portion of the Columbia River
Basin above Bonneville Dam.
[[Page S5789]]
``(6) Program.--The term `Program' means the Columbia River
Basin Restoration Program established under subsection
(b)(1)(A).
``(b) Columbia River Basin Restoration Program.--
``(1) Establishment.--
``(A) In general.--The Administrator shall establish within
the Environmental Protection Agency a Columbia River Basin
Restoration Program.
``(B) Effect.--
``(i) The establishment of the Program does not modify any
legal or regulatory authority or program in effect as of the
date of enactment of this section, including the roles of
Federal agencies in the Columbia River Basin.
``(ii) This section does not create any new regulatory
authority.
``(2) Scope of program.--The Program shall consist of a
collaborative stakeholder-based program for environmental
protection and restoration activities throughout the Columbia
River Basin.
``(3) Duties.--The Administrator shall--
``(A) assess trends in water quality, including trends that
affect uses of the water of the Columbia River Basin;
``(B) collect, characterize, and assess data on water
quality to identify possible causes of environmental
problems; and
``(C) provide grants in accordance with subsection (d) for
projects that assist in--
``(i) eliminating or reducing pollution;
``(ii) cleaning up contaminated sites;
``(iii) improving water quality;
``(iv) monitoring to evaluate trends;
``(v) reducing runoff;
``(vi) protecting habitat; or
``(vii) promoting citizen engagement or knowledge.
``(c) Stakeholder Working Group.--
``(1) Establishment.--The Administrator shall establish a
Columbia River Basin Restoration Working Group (referred to
in this subsection as the `Working Group').
``(2) Membership.--
``(A) In general.--Membership in the Working Group shall be
on a voluntary basis and any person invited by the
Administrator under this subsection may decline membership.
``(B) Invited representatives.--The Administrator shall
invite, at a minimum, representatives of--
``(i) each State located in whole or in part within the
Columbia River Basin;
``(ii) the Governors of each State located in whole or in
part with the Columbia River Basin;
``(iii) each federally recognized Indian tribe in the
Columbia River Basin;
``(iv) local governments located in the Columbia River
Basin;
``(v) industries operating in the Columbia River Basin that
affect or could affect water quality;
``(vi) electric, water, and wastewater utilities operating
in the Columba River Basin;
``(vii) private landowners in the Columbia River Basin;
``(viii) soil and water conservation districts in the
Columbia River Basin;
``(ix) nongovernmental organizations that have a presence
in the Columbia River Basin;
``(x) the general public in the Columbia River Basin; and
``(xi) the Estuary Partnership.
``(3) Geographic representation.--The Working Group shall
include representatives from--
``(A) each State; and
``(B) each of the Lower, Middle, and Upper Basins of the
Columbia River.
``(4) Duties and responsibilities.--The Working Group
shall--
``(A) recommend and prioritize projects and actions; and
``(B) review the progress and effectiveness of projects and
actions implemented.
``(5) Lower columbia river estuary.--
``(A) Estuary partnership.--The Estuary Partnership shall
perform the duties and fulfill the responsibilities of the
Working Group described in paragraph (4) as those duties and
responsibilities relate to the Lower Columbia River Estuary
for such time as the Estuary Partnership is the management
conference for the Lower Columbia River National Estuary
Program under section 320.
``(B) Designation.--If the Estuary Partnership ceases to be
the management conference for the Lower Columbia River
National Estuary Program under section 320, the Administrator
may designate the new management conference to assume the
duties and responsibilities of the Working Group described in
paragraph (4) as those duties and responsibilities relate to
the Lower Columbia River Estuary.
``(C) Incorporation.--If the Estuary Partnership is removed
from the National Estuary Program, the duties and
responsibilities for the lower 146 miles of the Columbia
River pursuant to this Act shall be incorporated into the
duties of the Working Group.
``(d) Grants.--
``(1) In general.--The Administrator shall establish a
voluntary, competitive Columbia River Basin program to
provide grants to State governments, tribal governments,
regional water pollution control agencies and entities, local
government entities, nongovernmental entities, or soil and
water conservation districts to develop or implement projects
authorized under this section for the purpose of
environmental protection and restoration activities
throughout the Columbia River Basin.
``(2) Federal share.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of any project or activity
carried out using funds from a grant provided to any person
(including a State, tribal, or local government or interstate
or regional agency) under this subsection for a fiscal year--
``(i) shall not exceed 75 percent of the total cost of the
project or activity; and
``(ii) shall be made on condition that the non-Federal
share of that total cost shall be provided from non-Federal
sources.
``(B) Exceptions.--With respect to cost-sharing for a grant
provided under this subsection--
``(i) a tribal government may use Federal funds for the
non-Federal share; and
``(ii) the Administrator may increase the Federal share
under such circumstances as the Administrator determines to
be appropriate.
``(3) Allocation.--In making grants using funds
appropriated to carry out this section, the Administrator
shall--
``(A) provide not less than 25 percent of the funds to make
grants for projects, programs, and studies in the Lower
Columbia River Estuary;
``(B) provide not less than 25 percent of the funds to make
grants for projects, programs, and studies in the Middle and
Upper Columbia River Basin, which includes the Snake River
Basin; and
``(C) retain for Environmental Protection Agency not more
than 5 percent of the funds for purposes of implementing this
section.
``(4) Reporting.--
``(A) In general.--Each grant recipient under this
subsection shall submit to the Administrator reports on
progress being made in achieving the purposes of this
section.
``(B) Requirements.--The Administrator shall establish
requirements and timelines for recipients of grants under
this subsection to report on progress made in achieving the
purposes of this section.
``(5) Relationship to other funding.--
``(A) In general.--Nothing in this subsection limits the
eligibility of the Estuary Partnership to receive funding
under section 320(g).
``(B) Limitation.--None of the funds made available under
this subsection may be used for the administration of a
management conference under section 320.
``(e) Annual Budget Plan.--The President, as part of the
annual budget submission of the President to Congress under
section 1105(a) of title 31, United States Code, shall submit
information regarding each Federal agency involved in
protection and restoration of the Columbia River Basin,
including an interagency crosscut budget that displays for
each Federal agency--
``(1) the amounts obligated for the preceding fiscal year
for protection and restoration projects, programs, and
studies relating to the Columbia River Basin;
``(2) the estimated budget for the current fiscal year for
protection and restoration projects, programs, and studies
relating to the Columbia River Basin; and
``(3) the proposed budget for protection and restoration
projects, programs, and studies relating to the Columbia
River Basin.''.
Subtitle G--Innovative Water Infrastructure Workforce Development
SEC. 7701. INNOVATIVE WATER INFRASTRUCTURE WORKFORCE
DEVELOPMENT PROGRAM.
(a) Grants Authorized.--The Administrator shall establish a
competitive grant program to assist the development of
innovative activities relating to workforce development in
the water utility sector.
(b) Selection of Grant Recipients.--In awarding grants
under subsection (a), the Administrator shall, to the maximum
extent practicable, select water utilities that--
(1) are geographically diverse;
(2) address the workforce and human resources needs of
large and small public water and wastewater utilities;
(3) address the workforce and human resources needs of
urban and rural public water and wastewater utilities;
(4) advance training relating to construction, utility
operations, treatment and distribution, green infrastructure,
customer service, maintenance, and engineering; and
(5)(A) have a high retiring workforce rate; or
(B) are located in areas with a high unemployment rate.
(c) Use of Funds.--Grants awarded under subsection (a) may
be used for activities such as--
(1) targeted internship, apprenticeship, preapprenticeship,
and post-secondary bridge programs for mission-critical
skilled trades, in collaboration with labor organizations,
community colleges, and other training and education
institutions that provide--
(A) on-the-job training;
(B) soft and hard skills development;
(C) test preparation for skilled trade apprenticeships; or
(D) other support services to facilitate post-secondary
success;
(2) kindergarten through 12th grade and young adult
education programs that--
(A) educate young people about the role of water and
wastewater utilities in the communities of the young people;
(B) increase the career awareness and exposure of the young
people to water utility careers through various work-based
learning opportunities inside and outside the classroom; and
(C) connect young people to post-secondary career pathways
related to water utilities;
(3) regional industry and workforce development
collaborations to identify water utility employment needs,
map existing career
[[Page S5790]]
pathways, support the development of curricula, facilitate
the sharing of resources, and coordinate candidate
development, staff preparedness efforts, and activities that
engage and support--
(A) water utilities employers;
(B) educational and training institutions;
(C) local community-based organizations;
(D) public workforce agencies; and
(E) other related stakeholders;
(4) integrated learning laboratories embedded in high
schools or other secondary educational institutions that
provide students with--
(A) hands-on, contextualized learning opportunities;
(B) dual enrollment credit for post-secondary education and
training programs; and
(C) direct connection to industry employers; and
(5) leadership development, occupational training,
mentoring, or cross-training programs that ensure that
incumbent water and wastewater utilities workers are prepared
for higher-level supervisory or management-level positions.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $1,000,000 for each of fiscal years 2017 through
2021.
Subtitle H--Offset
SEC. 7801. OFFSET.
None of the funds available to the Secretary of Energy to
provide any credit subsidy under subsection (d) of section
136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013) as of the date of enactment of this Act shall
be obligated for new loan commitments under that subsection
on or after October 1, 2020.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 8001. APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL
COMBUSTION RESIDUALS.
Section 4005 of the Solid Waste Disposal Act (42 U.S.C.
6945) is amended by adding at the end the following:
``(d) State Programs for Control of Coal Combustion
Residuals.--
``(1) Approval by administrator.--
``(A) In general.--Each State may submit to the
Administrator, in such form as the Administrator may
establish, evidence of a permit program or other system of
prior approval and conditions under State law for regulation
by the State of coal combustion residual units that are
located in the State in lieu of a Federal program under this
subsection.
``(B) Requirement.--Not later than 90 days after the date
on which a State submits the evidence described in
subparagraph (A), the Administrator shall approve, in whole
or in part, a permit program or other system of prior
approval and conditions submitted under subparagraph (A) if
the Administrator determines that the program or other system
requires each coal combustion residual unit located in the
State to achieve compliance with--
``(i) the applicable criteria for coal combustion residual
units under part 257 of title 40, Code of Federal Regulations
(or successor regulations), promulgated pursuant to sections
1008(a)(3) and 4004(a); or
``(ii) such other State criteria that the Administrator,
after consultation with the State, determines to be at least
as protective as the criteria described in clause (i).
``(C) Permit requirements.--The Administrator may approve
under subparagraph (B)(ii) a State permit program or other
system of prior approval and conditions that allows a State
to include technical standards for individual permits or
conditions of approval that differ from the technical
standards under part 257 of title 40, Code of Federal
Regulations (or successor regulations), if, based on site-
specific conditions, the technical standards established
pursuant to an approved State program or other system are at
least as protective as the technical standards under that
part.
``(D) Withdrawal of approval.--
``(i) Program review.--The Administrator shall review
programs or other systems approved under subparagraph (B)--
``(I) from time to time, but not less frequently than once
every 5 years; or
``(II) on request of any State.
``(ii) Notification and opportunity for a public hearing.--
The Administrator shall provide to the relevant State notice
and an opportunity for a public hearing if the Administrator
determines that--
``(I) a revision or correction to the permit program or
other system of prior approval and conditions of the State is
required for the State to achieve compliance with the
requirements of subparagraph (B);
``(II) the State has not adopted and implemented an
adequate permit program or other system of prior approval and
conditions for each coal combustion residual unit located in
the State to ensure compliance with the requirements of
subparagraph (B); or
``(III) the State has, at any time, approved or failed to
revoke a permit under this subsection that would lead to the
violation of a law to protect human health or the environment
of any other State.
``(iii) Withdrawal.--
``(I) In general.--The Administrator shall withdraw
approval of a State permit program or other system of prior
approval and conditions if, after the Administrator provides
notice and an opportunity for a public hearing to the
relevant State under clause (ii), the Administrator
determines that the State has not corrected the deficiency.
``(II) Reinstatement of state approval.--Any withdrawal of
approval under subclause (I) shall cease to be effective on
the date on which the Administrator makes a determination
that the State permit program or other system of prior
approval and conditions complies with the requirements of
subparagraph (B).
``(2) Nonparticipating states.--
``(A) Definition of nonparticipating state.--In this
paragraph, the term `nonparticipating State' means a State--
``(i) for which the Administrator has not approved a State
permit program or other system of prior approval and
conditions under paragraph (1)(B);
``(ii) the Governor of which has not submitted to the
Administrator for approval evidence to operate a State permit
program or other system of prior approval and conditions
under paragraph (1)(A);
``(iii) the Governor of which has provided notice to the
Administrator that, not fewer than 90 days after the date on
which the Governor provides notice to the Administrator, the
State relinquishes an approval under paragraph (1)(B) to
operate a permit program or other system of prior approval
and conditions; or
``(iv) for which the Administrator has withdrawn approval
for a permit program or other system of prior approval and
conditions under paragraph (1)(D)(iii).
``(B) Permit program.--In the case of a nonparticipating
State for which the Administrator makes a determination that
the nonparticipating State lacks the capacity to implement a
permit program or other system of prior approval and
conditions and subject to the availability of appropriations,
the Administrator may implement a permit program to require
each coal combustion residual unit located in the
nonparticipating State to achieve compliance with applicable
criteria established by the Administrator under part 257 of
title 40, Code of Federal Regulations (or successor
regulations).
``(3) Applicability of criteria.--The applicable criteria
for coal combustion residual units under part 257 of title
40, Code of Federal Regulations (or successor regulations),
promulgated pursuant to sections 1008(a)(3) and 4004(a),
shall apply to each coal combustion residual unit in a State
unless--
``(A) a permit under a State permit program or other system
of prior approval and conditions approved by the
Administrator under paragraph (1)(B) is in effect; or
``(B) a permit issued by the Administrator in a State in
which the Administrator is implementing a permit program
under paragraph (2)(B) is in effect.
``(4) Prohibition on open dumping.--
``(A) In general.--Except as provided in subparagraph
(B)(i) and subject to subparagraph (B)(ii), the Administrator
may use the authority provided by sections 3007 and 3008 to
enforce the prohibition against open dumping contained in
subsection (a) with respect to a coal combustion residual
unit.
``(B) Federal enforcement in approved state.--
``(i) In general.--In the case of a coal combustion
residual unit located in a State that is approved to operate
a permit program or other system of prior approval and
conditions under paragraph (1)(B), the Administrator may
commence an administrative or judicial enforcement action
under section 3008 if--
``(I) the State requests that the Administrator provide
assistance in the performance of the enforcement action; or
``(II) after consideration of any other administrative or
judicial enforcement action involving the coal combustion
residual unit, the Administrator determines that an
enforcement action is likely to be necessary to ensure that
the coal combustion residual unit is operating in accordance
with the criteria established under the permit program or
other system of prior approval and conditions.
``(ii) Notification.--In the case of an enforcement action
by the Administrator under clause (i)(II), before issuing an
order or commencing a civil action, the Administrator shall
notify the State in which the coal combustion residual unit
is located.
``(iii) Annual report to congress.--Not later than December
31, 2017, and December 31 of each year thereafter, the
Administrator shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
describes any enforcement action commenced under clause
(i)(II), including a description of the basis for the
enforcement action.
``(5) Indian country.--The Administrator may establish and
carry out a permit program, in accordance with this
subsection, for coal combustion residual units in Indian
country (as defined in section 1151 of title 18, United
States Code) to require each coal combustion residual unit
located in Indian country to achieve compliance with the
applicable criteria established by the Administrator under
part 257 of title 40, Code of Federal Regulations (or
successor regulations).
``(6) Treatment of coal combustion residual units.--A coal
combustion residual unit shall be considered to be a sanitary
landfill for purposes of subsection (a) only if the coal
combustion residual unit is operating in accordance with--
``(A) the requirements established pursuant to a program
for which an approval is provided by--
[[Page S5791]]
``(i) the State in accordance with a program or system
approved under paragraph (1)(B); or
``(ii) the Administrator pursuant to paragraph (2)(B) or
paragraph (5); or
``(B) the applicable criteria for coal combustion residual
units under part 257 of title 40, Code of Federal Regulations
(or successor regulations), promulgated pursuant to sections
1008(a)(3) and 4004(a).
``(7) Effect of subsection.--Nothing in this subsection
affects any authority, regulatory determination, other law,
or legal obligation in effect on the day before the date of
enactment of the Water Resources Development Act of 2016.''.
SEC. 8002. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW
NATION WATER SETTLEMENT.
(a) Purposes.--The purposes of this section are--
(1) to permanently resolve and settle those claims to
Settlement Area Waters of the Choctaw Nation of Oklahoma and
the Chickasaw Nation as set forth in the Settlement Agreement
and this section, including all claims or defenses in and to
Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927
(W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D.
Ok.), or any future stream adjudication;
(2) to approve, ratify, and confirm the Settlement
Agreement;
(3) to authorize and direct the Secretary of the Interior
to execute the Settlement Agreement and to perform all
obligations of the Secretary of the Interior under the
Settlement Agreement and this section;
(4) to approve, ratify, and confirm the amended storage
contract among the State, the City and the Trust;
(5) to authorize and direct the Secretary to approve the
amended storage contract for the Corps of Engineers to
perform all obligations under the 1974 storage contract, the
amended storage contract, and this section; and
(6) to authorize all actions necessary for the United
States to meet its obligations under the Settlement
Agreement, the amended storage contract, and this section.
(b) Definitions.--In this section:
(1) 1974 storage contract.--The term ``1974 storage
contract'' means the contract approved by the Secretary on
April 9, 1974, between the Secretary and the Water
Conservation Storage Commission of the State of Oklahoma
pursuant to section 301 of the Water Supply Act of 1958 (43
U.S.C. 390b), and other applicable Federal law.
(2) 2010 agreement.--The term ``2010 agreement'' means the
agreement entered into among the OWRB and the Trust, dated
June 15, 2010, relating to the assignment by the State of the
1974 storage contract and transfer of rights, title,
interests, and obligations under that contract to the Trust,
including the interests of the State in the conservation
storage capacity and associated repayment obligations to the
United States.
(3) Administrative set-aside subcontracts.--The term
``administrative set-aside subcontracts'' means the
subcontracts the City shall issue for the use of Conservation
Storage Capacity in Sardis Lake as provided by section 4 of
the amended storage contract.
(4) Allotment.--The term ``allotment'' means the land
within the Settlement Area held by an allottee subject to a
statutory restriction on alienation or held by the United
States in trust for the benefit of an allottee.
(5) Allottee.--The term ``allottee'' means an enrolled
member of the Choctaw Nation or citizen of the Chickasaw
Nation who, or whose estate, holds an interest in an
allotment.
(6) Amended permit application.--The term ``amended permit
application'' means the permit application of the City to the
OWRB, No. 2007-17, as amended as provided by the Settlement
Agreement.
(7) Amended storage contract transfer agreement; amended
storage contract.--The terms ``amended storage contract
transfer agreement'' and ``amended storage contract'' mean
the 2010 Agreement between the City, the Trust, and the OWRB,
as amended, as provided by the Settlement Agreement and this
section.
(8) Atoka and sardis conservation projects fund.--The term
``Atoka and Sardis Conservation Projects Fund'' means the
Atoka and Sardis Conservation Projects Fund established,
funded, and managed in accordance with the Settlement
Agreement.
(9) City.--The term ``City'' means the City of Oklahoma
City, or the City and the Trust acting jointly, as
applicable.
(10) City permit.--The term ``City permit'' means any
permit issued to the City by the OWRB pursuant to the amended
permit application and consistent with the Settlement
Agreement.
(11) Conservation storage capacity.--The term
``conservation storage capacity'' means the total storage
space as stated in the 1974 storage contract in Sardis Lake
between elevations 599.0 feet above mean sea level and 542.0
feet above mean sea level, which is estimated to contain
297,200 acre-feet of water after adjustment for sediment
deposits, and which may be used for municipal and industrial
water supply, fish and wildlife, and recreation.
(12) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary of the Interior
publishes in the Federal Register a notice certifying that
the conditions of subsection (i) have been satisfied.
(13) Future use storage.--The term ``future use storage''
means that portion of the conservation storage capacity that
was designated by the 1974 Contract to be utilized for future
water use storage and was estimated to contain 155,500 acre
feet of water after adjustment for sediment deposits, or
52.322 percent of the conservation storage capacity.
(14) Nations.--The term ``Nations'' means, collectively,
the Choctaw Nation of Oklahoma (``Choctaw Nation'') and the
Chickasaw Nation.
(15) OWRB.--The term ``OWRB'' means the Oklahoma Water
Resources Board.
(16) Sardis lake.--The term ``Sardis Lake'' means the
reservoir, formerly known as Clayton Lake, whose dam is
located in Section 19, Township 2 North, Range 19 East of the
Indian Meridian, Pushmataha County, Oklahoma, the
construction, operation, and maintenance of which was
authorized by section 203 of the Flood Control Act of 1962
(Public Law 87-874; 76 Stat. 1187).
(17) Settlement agreement.--The term ``Settlement
Agreement'' means the settlement agreement as approved by the
Nations, the State, the City, and the Trust effective August
22, 2016, as revised to conform with this section, as
applicable.
(18) Settlement area.--The term ``settlement area'' means--
(A) the area lying between--
(i) the South Canadian River and Arkansas River to the
north;
(ii) the Oklahoma-Texas State line to the south;
(iii) the Oklahoma-Arkansas State line to the east; and
(iv) the 98th Meridian to the west; and
(B) the area depicted in Exhibit 1 to the Settlement
Agreement and generally including the following counties, or
portions of, in the State:
(i) Atoka.
(ii) Bryan.
(iii) Carter.
(iv) Choctaw.
(v) Coal.
(vi) Garvin.
(vii) Grady.
(viii) McClain.
(ix) Murray.
(x) Haskell.
(xi) Hughes.
(xii) Jefferson.
(xiii) Johnston.
(xiv) Latimer.
(xv) LeFlore.
(xvi) Love.
(xvii) Marshall.
(xviii) McCurtain.
(xix) Pittsburgh.
(xx) Pontotoc.
(xxi) Pushmataha.
(xxii) Stephens.
(19) Settlement area waters.--The term ``settlement area
waters'' means the waters located--
(A) within the settlement area; and
(B) within a basin depicted in Exhibit 10 to the Settlement
Agreement, including any of the following basins as
denominated in the 2012 Update of the Oklahoma Comprehensive
Water Plan:
(i) Beaver Creek (24, 25, and 26).
(ii) Blue (11 and 12).
(iii) Clear Boggy (9).
(iv) Kiamichi (5 and 6).
(v) Lower Arkansas (46 and 47).
(vi) Lower Canadian (48, 56, 57, and 58).
(vii) Lower Little (2).
(viii) Lower Washita (14).
(ix) Mountain Fork (4).
(x) Middle Washita (15 and 16).
(xi) Mud Creek (23).
(xii) Muddy Boggy (7 and 8).
(xiii) Poteau (44 and 45).
(xiv) Red River Mainstem (1, 10, 13, and 21).
(xv) Upper Little (3).
(xvi) Walnut Bayou (22).
(20) State.--The term ``State'' means the State of
Oklahoma.
(21) Trust.--
(A) In general.--The term ``Trust'' means the Oklahoma City
Water Utilities Trust, formerly known as the Oklahoma City
Municipal Improvement Authority, a public trust established
pursuant to State law with the City as the beneficiary.
(B) References.--A reference in this section to ``Trust''
shall refer to the Oklahoma City Water Utilities Trust,
acting severally.
(c) Approval of the Settlement Agreement.--
(1) Ratification.--
(A) In general.--Except as modified by this section, and to
the extent the Settlement Agreement does not conflict with
this section, the Settlement Agreement is authorized,
ratified, and confirmed.
(B) Amendments.--If an amendment is executed to make the
Settlement Agreement consistent with this section, the
amendment is also authorized, ratified and confirmed to the
extent the amendment is consistent with this section.
(2) Execution of settlement agreement.--
(A) In general.--To the extent the Settlement Agreement
does not conflict with this section, the Secretary of the
Interior shall promptly execute the Settlement Agreement,
including all exhibits to or parts of the Settlement
Agreement requiring the signature of the Secretary of the
Interior and any amendments necessary to make the Settlement
Agreement consistent with this section.
(B) Not a major federal action.--Execution of the
Settlement Agreement by the
[[Page S5792]]
Secretary of the Interior under this subsection shall not
constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Approval of the Amended Storage Contract and 1974
Storage Contract.--
(1) Ratification.--
(A) In general.--Except to the extent any provision of the
amended storage contract conflicts with any provision of this
section, the amended storage contract is authorized,
ratified, and confirmed.
(B) 1974 storage contract.--To the extent the amended
storage contract, as authorized, ratified, and confirmed,
modifies or amends the 1974 storage contract, the
modification or amendment to the 1974 storage contract is
authorized, ratified, and confirmed.
(C) Amendments.--To the extent an amendment is executed to
make the amended storage contract consistent with this
section, the amendment is authorized, ratified, and
confirmed.
(2) Approval by the secretary.--After the State and the
City execute the amended storage contract, the Secretary
shall approve the amended storage contract.
(3) Modification of september 11, 2009, order in united
states v. oklahoma water resources board, civ 98-00521 (n.d.
ok).--The Secretary, through counsel, shall cooperate and
work with the State to file any motion and proposed order to
modify or amend the order of the United States District Court
for the Northern District of Oklahoma dated September 11,
2009, necessary to conform the order to the amended storage
contract transfer agreement, the Settlement Agreement, and
this section.
(4) Conservation storage capacity.--The allocation of the
use of the conservation storage capacity in Sardis Lake for
administrative set-aside subcontracts, City water supply, and
fish and wildlife and recreation as provided by the amended
storage contract is authorized, ratified and approved.
(5) Activation; waiver.--
(A) Findings.--Congress finds that--
(i) the earliest possible activation of any increment of
future use storage in Sardis Lake will not occur until after
2050; and
(ii) the obligation to make annual payments for the Sardis
future use storage operation, maintenance and replacement
costs, capital costs, or interest attributable to Sardis
future use storage only arises if, and only to the extent,
that an increment of Sardis future use storage is activated
by withdrawal or release of water from the future use storage
that is authorized by the user for a consumptive use of
water.
(B) Waiver of obligations for storage that is not
activated.--Notwithstanding section 301 of the Water Supply
Act of 1958 (43 U.S.C. 390b), section 203 of the Flood
Control Act of 1962 (Public Law 87-874; 76 Stat. 1187), the
1974 storage contract, or any other provision of law,
effective as of January 1, 2050--
(i) the entirety of any repayment obligations (including
interest), relating to that portion of conservation storage
capacity allocated by the 1974 storage contract to future use
storage in Sardis Lake is waived and shall be considered
nonreimbursable; and
(ii) any obligation of the State and, on execution and
approval of the amended storage contract, of the City and the
Trust, under the 1974 storage contract regarding capital
costs and any operation, maintenance, and replacement costs
and interest otherwise attributable to future use storage in
Sardis Lake is waived and shall be nonreimbursable, if by
January 1, 2050, the right to future use storage is not
activated by the withdrawal or release of water from future
use storage for an authorized consumptive use of water.
(6) Consistent with authorized purposes; no major
operational change.--
(A) Consistent with authorized purpose.--The amended
storage contract, the approval of the Secretary of the
amended storage contract, and the waiver of future use
storage under paragraph (5)--
(i) are deemed consistent with the authorized purposes for
Sardis Lake as described in section 203 of the Flood Control
Act of 1962 (Public Law 87-874; 76 Stat. 1187) and do not
affect the authorized purposes for which the project was
authorized, surveyed, planned, and constructed; and
(ii) shall not constitute a reallocation of storage.
(B) No major operational change.--The amended storage
contract, the approval of the Secretary of the amended
storage contract, and the waiver of future use storage under
paragraph (5) shall not constitute a major operational change
under section 301(e) of the Water Supply Act of 1958 (43
U.S.C. 390b(e)).
(7) No further authorization required.--This section shall
be considered sufficient and complete authorization, without
further study or analysis, for--
(A) the Secretary to approve the amended storage contract;
and
(B) after approval under subparagraph (A), the Corps of
Engineers to manage storage in Sardis Lake pursuant to and in
accordance with the 1974 storage contract, the amended
storage contract, and the Settlement Agreement.
(e) Settlement Area Waters.--
(1) Findings.--Congress finds that--
(A) pursuant to the Atoka Agreement as ratified by section
29 of the Act of June 28, 1898 (30 Stat. 505, chapter 517)
(as modified by the Act of July 1, 1902 (32 Stat. 641,
chapter 1362)), the Nations issued patents to their
respective tribal members and citizens and thereby conveyed
to individual Choctaws and Chickasaws, all right, title, and
interest in and to land that was possessed by the Nations,
other than certain mineral rights; and
(B) when title passed from the Nations to their respective
tribal members and citizens, the Nations did not convey and
those individuals did not receive any right of regulatory or
sovereign authority, including with respect to water.
(2) Permitting, allocation, and administration of
settlement area waters pursuant to the settlement
agreement.--Beginning on the enforceability date, settlement
area waters shall be permitted, allocated, and administered
by the OWRB in accordance with the Settlement Agreement and
this section.
(3) Choctaw nation and chickasaw nation.--Beginning on the
enforceability date, the Nations shall have the right to use
and to develop the right to use settlement area waters only
in accordance with the Settlement Agreement and this section.
(4) Waiver and delegation by nations.--In addition to the
waivers under subsection (h), the Nations, on their own
behalf, shall permanently delegate to the State any
regulatory authority each Nation may possess over water
rights on allotments, which the State shall exercise in
accordance with the Settlement Agreement and this subsection.
(5) Right to use water.--
(A) In general.--An allottee may use water on an allotment
in accordance with the Settlement Agreement and this
subsection.
(B) Surface water use.--
(i) In general.--An allottee may divert and use, on the
allotment of the allottee, 6 acre-feet per year of surface
water per 160 acres, to be used solely for domestic uses on
an allotment that constitutes riparian land under applicable
State law as of the date of enactment of this Act.
(ii) Effect of state law.--The use of surface water
described in clause (i) shall be subject to all rights and
protections of State law, as of the date of enactment of this
Act, including all protections against loss for nonuse.
(iii) No permit required.--An allottee may divert water
under this subsection without a permit or any other
authorization from the OWRB.
(C) Groundwater use.--
(i) In general.--An allottee may drill wells on the
allotment of the allottee to take and use for domestic uses
the greater of--
(I) 5 acre-feet per year; or
(II) any greater quantity allowed under State law.
(ii) Effect of state law.--The groundwater use described in
clause (i) shall be subject to all rights and protections of
State law, as of the date of enactment of this Act, including
all protections against loss for nonuse.
(iii) No permit required.--An allottee may drill wells and
use water under this subsection without a permit or any other
authorization from the OWRB.
(D) Future changes in state law.--
(i) In general.--If State law changes to limit use of water
to a quantity that is less than the applicable quantity
specified in subparagraph (B) or (C), as applicable, an
allottee shall retain the right to use water in accord with
those subparagraphs, subject to paragraphs (6)(B)(iv) and
(7).
(ii) Opportunity to be heard.--Prior to taking any action
to limit the use of water by an individual, the OWRB shall
provide to the individual an opportunity to demonstrate that
the individual is--
(I) an allottee; and
(II) using water on the allotment pursuant to and in
accordance with the Settlement Agreement and this section.
(6) Allottee options for additional water.--
(A) In general.--To use a quantity of water in excess of
the quantities provided under paragraph (5), an allottee
shall--
(i) file an action under subparagraph (B); or
(ii) apply to the OWRB for a permit pursuant to, and in
accordance with, State law.
(B) Determination in federal district court.--
(i) In general.--In lieu of applying to the OWRB for a
permit to use more water than is allowed under paragraph (5),
an allottee may, after written notice to the OWRB, file an
action in the United States District Court for the Western
District of Oklahoma for determination of the right to water
of the allottee.
(ii) Jurisdiction.--For purposes of this subsection--
(I) the United States District Court for the Western
District of Oklahoma shall have jurisdiction; and
(II) the waivers of immunity under subparagraphs (A) and
(B) of subsection (j)(2) shall apply.
(iii) Requirements.--An allottee filing an action pursuant
to this subparagraph shall--
(I) join the OWRB as a party; and
(II) publish notice in a newspaper of general circulation
within the Settlement Area Hydrologic Basin for 2 consecutive
weeks, with the first publication appearing not later than 30
days after the date on which the action is filed.
(iv) Determination final.--
(I) In general.--Subject to subclause (II), if an allottee
elects to have the rights of the allottee determined pursuant
to this subparagraph, the determination shall be final as to
any rights under Federal law and in
[[Page S5793]]
lieu of any rights to use water on an allotment as provided
in paragraph (5).
(II) Reservation of rights.--Subclause (I) shall not
preclude an allottee from--
(aa) applying to the OWRB for water rights pursuant to
State law; or
(bb) using any rights allowed by State law that do not
require a permit from the OWRB.
(7) OWRB administration and enforcement.--
(A) In general.--If an allottee exercises any right under
paragraph (5) or has rights determined under paragraph
(6)(B), the OWRB shall have jurisdiction to administer those
rights.
(B) Challenges.--An allottee may challenge OWRB
administration of rights determined under this paragraph, in
the United States District Court for the Western District of
Oklahoma.
(8) Prior existing state law rights.--Water rights held by
an allottee as of the enforceability date pursuant to a
permit issued by the OWRB shall be governed by the terms of
that permit and applicable State law (including regulations).
(f) City Permit for Appropriation of Stream Water From the
Kiamichi River.--The City permit shall be processed,
evaluated, issued, and administered consistent with and in
accordance with the Settlement Agreement and this section.
(g) Settlement Commission.--
(1) Establishment.--There is established a Settlement
Commission.
(2) Members.--
(A) In general.--The Settlement Commission shall be
comprised of 5 members, appointed as follows:
(i) 1 by the Governor of the State.
(ii) 1 by the Attorney General of the State.
(iii) 1 by the Chief of the Choctaw Nation.
(iv) 1 by the Governor of the Chickasaw Nation.
(v) 1 by agreement of the members described in clauses (i)
through (iv).
(B) Jointly appointed member.--If the members described in
clauses (i) through (iv) of subparagraph (A) do not agree on
a member appointed pursuant to subparagraph (A)(v)--
(i) the members shall submit to the Chief Judge for the
United States District Court for the Eastern District of
Oklahoma, a list of not less than 3 persons; and
(ii) from the list under clause (i), the Chief Judge shall
make the appointment.
(C) Initial appointments.--The initial appointments to the
Settlement Commission shall be made not later than 90 days
after the enforceability date.
(3) Member terms.--
(A) In general.--Each Settlement Commission member shall
serve at the pleasure of appointing authority.
(B) Compensation.--A member of the Settlement Commission
shall serve without compensation, but an appointing authority
may reimburse the member appointed by the entity for costs
associated with service on the Settlement Commission.
(C) Vacancies.--If a member of the Settlement Commission is
removed or resigns, the appointing authority shall appoint
the replacement member.
(D) Jointly appointed member.--The member of the Settlement
Commission described in paragraph (2)(A)(v) may be removed or
replaced by a majority vote of the Settlement Commission
based on a failure of the member to carry out the duties of
the member.
(4) Duties.--The duties and authority of the Settlement
Commission shall be set forth in the Settlement Agreement,
and the Settlement Commission shall not possess or exercise
any duty or authority not stated in the Settlement Agreement.
(h) Waivers and Releases of Claims.--
(1) Claims by the nations and the united states as trustee
for the nations.--Subject to the retention of rights and
claims provided in paragraph (3) and except to the extent
that rights are recognized in the Settlement Agreement or
this section, the Nations and the United States, acting as a
trustee for the Nations, shall execute a waiver and release
of--
(A) all of the following claims asserted or which could
have been asserted in any proceeding filed or that could have
been filed during the period ending on the enforceability
date, including Chickasaw Nation, Choctaw Nation v. Fallin et
al., CIV 11-927 (W.D. Ok.), OWRB v. United States, et al. CIV
12-275 (W.D. Ok.), or any general stream adjudication,
relating to--
(i) claims to the ownership of water in the State;
(ii) claims to water rights and rights to use water
diverted or taken from a location within the State;
(iii) claims to authority over the allocation and
management of water and administration of water rights,
including authority over third-party ownership of or rights
to use water diverted or taken from a location within the
State and ownership or use of water on allotments by
allottees or any other person using water on an allotment
with the permission of an allottee;
(iv) claims that the State lacks authority over the
allocation and management of water and administration of
water rights, including authority over the ownership of or
rights to use water diverted or taken from a location within
the State;
(v) any other claim relating to the ownership of water,
regulation of water, or authorized diversion, storage, or use
of water diverted or taken from a location within the State,
which claim is based on the status of the Chickasaw Nation or
the Choctaw Nation as a federally recognized Indian tribe;
and
(vi) claims or defenses asserted or which could have been
asserted in Chickasaw Nation, Choctaw Nation v. Fallin et
al., CIV 11-927 (W.D. Ok.), OWRB v. United States, et al. CIV
12-275 (W.D. Ok.), or any general stream adjudication;
(B) all claims for damages, losses or injuries to water
rights or water, or claims of interference with, diversion,
storage, taking, or use of water (including claims for injury
to land resulting from the damages, losses, injuries,
interference with, diversion, storage, taking, or use of
water) attributable to any action by the State, the OWRB, or
any water user authorized pursuant to State law to take or
use water in the State, including the City, that accrued
during the period ending on the enforceability date;
(C) all claims and objections relating to the amended
permit application, and the City permit, including--
(i) all claims regarding regulatory control over or OWRB
jurisdiction relating to the permit application and permit;
and
(ii) all claims for damages, losses or injuries to water
rights or rights to use water, or claims of interference
with, diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages, losses,
injuries, interference with, diversion, storage, taking, or
use of water) attributable to the issuance and lawful
exercise of the City permit;
(D) all claims to regulatory control over the Permit
Numbers P80-48 and 54-613 of the City for water rights from
the Muddy Boggy River for Atoka Reservoir and P73-282D for
water rights from the Muddy Boggy River, including McGee
Creek, for the McGee Creek Reservoir;
(E) all claims that the State lacks regulatory authority
over or OWRB jurisdiction relating to Permit Numbers P80-48
and 54-613 for water rights from the Muddy Boggy River for
Atoka Reservoir and P73-282D for water rights from the Muddy
Boggy River, including McGee Creek, for the McGee Creek
Reservoir;
(F) all claims to damages, losses or injuries to water
rights or water, or claims of interference with, diversion,
storage, taking, or use of water (including claims for injury
to land resulting from such damages, losses, injuries,
interference with, diversion, storage, taking, or use of
water) attributable to the lawful exercise of Permit Numbers
P80-48 and 54-613 for water rights from the Muddy Boggy River
for Atoka Reservoir and P73-282D for water rights from the
Muddy Boggy River, including McGee Creek, for the McGee Creek
Reservoir, that accrued during the period ending on the
enforceability date;
(G) all claims and objections relating to the approval by
the Secretary of the assignment of the 1974 storage contract
pursuant to the amended storage contract; and
(H) all claims for damages, losses, or injuries to water
rights or water, or claims of interference with, diversion,
storage, taking, or use of water (including claims for injury
to land resulting from such damages, losses, injuries,
interference with, diversion, storage, taking, or use of
water) attributable to the lawful exercise of rights pursuant
to the amended storage contract.
(2) Waivers and releases of claims by the nations against
the united states.--Subject to the retention of rights and
claims provided in paragraph (3) and except to the extent
that rights are recognized in the Settlement Agreement or
this section, the Nations are authorized to execute a waiver
and release of all claims against the United States
(including any agency or employee of the United States)
relating to--
(A) all of the following claims asserted or which could
have been asserted in any proceeding filed or that could have
been filed by the United States as a trustee during the
period ending on the enforceability date, including Chickasaw
Nation, Choctaw Nation v. Fallin et al., CIV 11-9272 (W.D.
Ok.) or OWRB v. United States, et al. CIV 12-275 (W.D. Ok.),
or any general stream adjudication, relating to--
(i) claims to the ownership of water in the State;
(ii) claims to water rights and rights to use water
diverted or taken from a location within the State;
(iii) claims to authority over the allocation and
management of water and administration of water rights,
including authority over third-party ownership of or rights
to use water diverted or taken from a location within the
State and ownership or use of water on allotments by
allottees or any other person using water on an allotment
with the permission of an allottee;
(iv) claims that the State lacks authority over the
allocation and management of water and administration of
water rights, including authority over the ownership of or
rights to use water diverted or taken from a location within
the State;
(v) any other claim relating to the ownership of water,
regulation of water, or authorized diversion, storage, or use
of water diverted or taken from a location within the State,
which claim is based on the status of the Chickasaw Nation or
the Choctaw Nation as a federally recognized Indian tribe;
and
(vi) claims or defenses asserted or which could have been
asserted in Chickasaw Nation, Choctaw Nation v. Fallin et
al., CIV 11-927 (W.D. Ok.), OWRB v. United States, et al. CIV
12-275 (W.D. Ok.), or any general stream adjudication;
[[Page S5794]]
(B) all claims for damages, losses or injuries to water
rights or water, or claims of interference with, diversion,
storage, taking, or use of water (including claims for injury
to land resulting from the damages, losses, injuries,
interference with, diversion, storage, taking, or use of
water) attributable to any action by the State, the OWRB, or
any water user authorized pursuant to State law to take or
use water in the State, including the City, that accrued
during the period ending on the enforceability date;
(C) all claims and objections relating to the amended
permit application, and the City permit, including--
(i) all claims regarding regulatory control over or OWRB
jurisdiction relating to the permit application and permit;
and
(ii) all claims for damages, losses or injuries to water
rights or rights to use water, or claims of interference
with, diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages, losses,
injuries, interference with, diversion, storage, taking, or
use of water) attributable to the issuance and lawful
exercise of the City permit;
(D) all claims to regulatory control over the Permit
Numbers P80-48 and 54-613 for water rights from the Muddy
Boggy River for Atoka Reservoir and P73-282D for water rights
from the Muddy Boggy River, including McGee Creek, for the
McGee Creek Reservoir;
(E) all claims that the State lacks regulatory authority
over or OWRB jurisdiction relating to Permit Numbers P80-48
and 54-613 for water rights from the Muddy Boggy River for
Atoka Reservoir and P73-282D for water rights from the Muddy
Boggy River, including McGee Creek, for the McGee Creek
Reservoir;
(F) all claims to damages, losses or injuries to water
rights or water, or claims of interference with, diversion,
storage, taking, or use of water (including claims for injury
to land resulting from the damages, losses, injuries,
interference with, diversion, storage, taking, or use of
water) attributable to the lawful exercise of Permit Numbers
P80-48 and 54-613 for water rights from the Muddy Boggy River
for Atoka Reservoir and P73-282D for water rights from the
Muddy Boggy River, including McGee Creek, for the McGee Creek
Reservoir, that accrued during the period ending on the
enforceability date;
(G) all claims and objections relating to the approval by
the Secretary of the assignment of the 1974 storage contract
pursuant to the amended storage contract;
(H) all claims relating to litigation brought by the United
States prior to the enforceability date of the water rights
of the Nations in the State; and
(I) all claims relating to the negotiation, execution, or
adoption of the Settlement Agreement (including exhibits) or
this section.
(3) Retention and reservation of claims by nations and the
united states.--
(A) In general.--Notwithstanding the waiver and releases of
claims authorized under paragraphs (1) and (2), the Nations
and the United States, acting as trustee, shall retain--
(i) all claims for enforcement of the Settlement Agreement
and this section;
(ii) all rights to use and protect any water right of the
Nations recognized by or established pursuant to the
Settlement Agreement, including the right to assert claims
for injuries relating to the rights and the right to
participate in any general stream adjudication, including any
inter se proceeding;
(iii) all claims relating to activities affecting the
quality of water that are not waived under paragraph
(1)(A)(v) or paragraph (2)(A)(v), including any claims the
Nations may have under--
(I) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
for damages to natural resources;
(II) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(III) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(IV) any regulations implementing the Acts described in
items (aa) through (cc);
(iv) all claims relating to damage, loss, or injury
resulting from an unauthorized diversion, use, or storage of
water, including damages, losses, or injuries to land or
nonwater natural resources associated with any hunting,
fishing, gathering, or cultural right; and
(v) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
section or the Settlement Agreement.
(B) Agreement.--
(i) In general.--As provided in the Settlement Agreement,
the Chickasaw Nation shall convey an easement to the City,
which easement shall be as described and depicted in Exhibit
15 to the Settlement Agreement.
(ii) Application.--The Chickasaw Nation and the City shall
cooperate and coordinate on the submission of an application
for approval by the Secretary of the Interior of the
conveyance under clause (i), in accordance with applicable
Federal law.
(iii) Recording.--On approval by the Secretary of the
Interior of the conveyance of the easement under this clause,
the City shall record the easement.
(iv) Consideration.--In exchange for conveyance of the
easement under clause (i), the City shall pay to the
Chickasaw Nation the value of past unauthorized use and
consideration for future use of the land burdened by the
easement, based on an appraisal secured by the City and
Nations and approved by the Secretary of the Interior.
(4) Effective date of waiver and releases.--The waivers and
releases under this subsection take effect on the
enforceability date.
(5) Tolling of claims.--Each applicable period of
limitation and time-based equitable defense relating to a
claim described in this subsection shall be tolled during the
period beginning on the date of enactment of this Act and
ending on the earlier of the enforceability date or the
expiration date under subsection (i)(2).
(i) Enforceability Date.--
(1) In general.--The Settlement Agreement shall take effect
and be enforceable on the date on which the Secretary of the
Interior publishes in the Federal Register a certification
that--
(A) to the extent the Settlement Agreement conflicts with
this section, the Settlement Agreement has been amended to
conform with this section;
(B) the Settlement Agreement, as amended, has been executed
by the Secretary of the Interior, the Nations, the Governor
of the State, the OWRB, the City, and the Trust;
(C) to the extent the amended storage contract conflicts
with this section, the amended storage contract has been
amended to conform with this section;
(D) the amended storage contract, as amended to conform
with this section, has been--
(i) executed by the State, the City, and the Trust; and
(ii) approved by the Secretary;
(E) an order has been entered in United States v. Oklahoma
Water Resources Board, Civ. 98-C-521-E with any modifications
to the order dated September 11, 2009, as provided in the
Settlement Agreement;
(F) orders of dismissal have been entered in Chickasaw
Nation, Choctaw Nation v. Fallin et al., Civ 11-297 (W.D.
Ok.) and OWRB v. United States, et al. Civ 12-275 (W.D. Ok.)
as provided in the Settlement Agreement;
(G) the OWRB has issued the City Permit;
(H) the final documentation of the Kiamichi Basin
hydrologic model is on file at the Oklahoma City offices of
the OWRB; and
(I) the Atoka and Sardis Conservation Projects Fund has
been funded as provided in the Settlement Agreement.
(2) Expiration date.--If the Secretary of the Interior
fails to publish a statement of findings under paragraph (1)
by not later than September 30, 2020, or such alternative
later date as is agreed to by the Secretary of the Interior,
the Nations, the State, the City, and the Trust under
paragraph (4), the following shall apply:
(A) This section, except for this subsection and any
provisions of this section that are necessary to carry out
this subsection (but only for purposes of carrying out this
subsection) are not effective beginning on September 30,
2020, or the alternative date.
(B) The waivers and release of claims, and the limited
waivers of sovereign immunity, shall not become effective.
(C) The Settlement Agreement shall be null and void, except
for this paragraph and any provisions of the Settlement
Agreement that are necessary to carry out this paragraph.
(D) Except with respect to this paragraph, the State, the
Nations, the City, the Trust, and the United States shall not
be bound by any obligations or benefit from any rights
recognized under the Settlement Agreement.
(E) If the City permit has been issued, the permit shall be
null and void, except that the City may resubmit to the OWRB,
and the OWRB shall be considered to have accepted, OWRB
permit application No. 2007-017 without having waived the
original application priority date and appropriative
quantities.
(F) If the amended storage contract has been executed or
approved, the contract shall be null and void, and the 2010
agreement shall be considered to be in force and effect as
between the State and the Trust.
(G) If the Atoka and Sardis Conservation Projects Fund has
been established and funded, the funds shall be returned to
the respective funding parties with any accrued interest.
(3) No prejudice.--The occurrence of the expiration date
under paragraph (2) shall not in any way prejudice--
(A) any argument or suit that the Nations may bring to
contest--
(i) the pursuit by the City of OWRB permit application No.
2007-017, or a modified version; or
(ii) the 2010 agreement;
(B) any argument, defense, or suit the State may bring or
assert with regard to the claims of the Nations to water or
over water in the settlement area; or
(C) any argument, defense or suit the City may bring or
assert--
(i) with regard to the claims of the Nations to water or
over water in the settlement area relating to OWRB permit
application No. 2007-017, or a modified version; or
(ii) to contest the 2010 agreement.
(4) Extension.--The expiration date under paragraph (2) may
be extended in writing if the Nations, the State, the OWRB,
the United States, and the City agree that an extension is
warranted.
(j) Jurisdiction, Waivers of Immunity for Interpretation
and Enforcement.--
(1) Jurisdiction.--
(A) In general.--
[[Page S5795]]
(i) Exclusive jurisdiction.--The United States District
Court for the Western District of Oklahoma shall have
exclusive jurisdiction for all purposes and for all causes of
action relating to the interpretation and enforcement of the
Settlement Agreement, the amended storage contract, or
interpretation or enforcement of this section, including all
actions filed by an allottee pursuant to subsection
(e)(4)(B).
(ii) Right to bring action.--The Choctaw Nation, the
Chickasaw Nation, the State, the City, the Trust, and the
United States shall each have the right to bring an action
pursuant to this section.
(iii) No action in other courts.--No action may be brought
in any other Federal, Tribal, or State court or
administrative forum for any purpose relating to the
Settlement Agreement, amended storage contract, or this
section.
(iv) No monetary judgment.--Nothing in this section
authorizes any money judgment or otherwise allows the payment
of funds by the United States, the Nations, the State
(including the OWRB), the City, or the Trust.
(B) Notice and conference.--An entity seeking to interpret
or enforce the Settlement Agreement shall comply with the
following:
(i) Any party asserting noncompliance or seeking
interpretation of the Settlement Agreement or this section
shall first serve written notice on the party alleged to be
in breach of the Settlement Agreement or violation of this
section.
(ii) The notice under clause (i) shall identify the
specific provision of the Settlement Agreement or this
section alleged to have been violated or in dispute and shall
specify in detail the contention of the party asserting the
claim and any factual basis for the claim.
(iii) Representatives of the party alleging a breach or
violation and the party alleged to be in breach or violation
shall meet not later than 30 days after receipt of notice
under clause (i) in an effort to resolve the dispute.
(iv) If the matter is not resolved to the satisfaction of
the party alleging breach not later than 90 days after the
original notice under clause (i), the party may take any
appropriate enforcement action consistent with the Settlement
Agreement and this subsection.
(2) Limited waivers of sovereign immunity.--
(A) In general.--The United States and the Nations may be
joined in an action filed in the United States District Court
for the Western District of Oklahoma.
(B) United states immunity.--Any claim by the United States
to sovereign immunity from suit is irrevocably waived for any
action brought by the State, the Chickasaw Nation, the
Choctaw Nation, the City, the Trust, or (solely for purposes
of actions brought pursuant to subsection (e)) an allottee in
the Western District of Oklahoma relating to interpretation
or enforcement of the Settlement Agreement or this section,
including of the appellate jurisdiction of the United States
Court of Appeals for the Tenth Circuit and the Supreme Court
of the United States.
(C) Chickasaw nation immunity.--For the exclusive benefit
of the State (including the OWRB), the City, the Trust, the
Choctaw Nation, and the United States, the sovereign immunity
of the Chickasaw Nation from suit is waived solely for any
action brought in the Western District of Oklahoma relating
to interpretation or enforcement of the Settlement Agreement
or this section, if the action is brought by the State or the
OWRB, the City, the Trust, the Choctaw Nation, or the United
States, including the appellate jurisdiction of the United
States Court of Appeals for the Tenth Circuit and the Supreme
Court of the United States.
(D) Choctaw nation immunity.--For the exclusive benefit of
the State (including of the OWRB), the City, the Trust, the
Chickasaw Nation, and the United States, the Choctaw Nation
shall expressly and irrevocably consent to a suit and waive
sovereign immunity from a suit solely for any action brought
in the Western District of Oklahoma relating to
interpretation or enforcement of the Settlement Agreement or
this section, if the action is brought by the State, the
OWRB, the City, the Trust, the Chickasaw Nation, or the
United States, including the appellate jurisdiction of the
United States Court of Appeals for the Tenth Circuit and the
Supreme Court of the United States.
(k) Disclaimer.--
(1) In general.--The Settlement Agreement applies only to
the claims and rights of the Nations.
(2) No precedent.--Nothing in this section or the
Settlement Agreement shall be construed in any way to
quantify, establish, or serve as precedent regarding the land
and water rights, claims, or entitlements to water of any
American Indian Tribe other than the Nations, including any
other American Indian Tribe in the State.
SEC. 8003. LAND TRANSFER AND TRUST LAND FOR THE MUSCOGEE
(CREEK) NATION.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the Secretary
shall transfer to the Secretary of the Interior the land
described in subsection (b) to be held in trust for the
benefit of the Muscogee (Creek) Nation.
(2) Conditions.--The land transfer under this subsection
shall be subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the Corps of Engineers
operation of the Eufaula Lake Project or any other authorized
civil works projects; and
(ii) shall be subject to such other terms and conditions as
the Secretary determines to be necessary and appropriate to
ensure the continued operation of the Eufaula Lake Project or
any other authorized civil works project.
(B) The Secretary shall retain the right to inundate with
water the land transferred to the Secretary of the Interior
under this subsection, as necessary to carry out an
authorized purpose of the Eufaula Lake Project or any other
civil works project.
(C) No gaming activities may be conducted on the land
transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred pursuant to
subsection (a) is the approximately 18.38 acres of land
located in the Northwest Quarter (NW 1/4) of sec. 3, T. 10
N., R. 16 E., McIntosh County, Oklahoma, generally depicted
as ``USACE'' on the map entitled ``Muscogee (Creek) Nation
Proposed Land Acquisition'' and dated October 16, 2014.
(2) Survey.--The exact acreage and legal description of the
land to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary and the
Secretary of the Interior.
(c) Consideration.--The Muscogee (Creek) Nation shall pay--
(1) to the Secretary an amount that is equal to the fair
market value of the land transferred under subsection (a), as
determined by the Secretary, which funds may be accepted and
expended by the Secretary; and
(2) all costs and administrative expenses associated with
the transfer of land under subsection (a), including the
costs of--
(A) the survey under subsection (b)(2);
(B) compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(C) any coordination necessary with respect to requirements
related to endangered species, cultural resources, clean
water, and clean air.
SEC. 8004. REAUTHORIZATION OF DENALI COMMISSION.
(a) Administration.--Section 303 of the Denali Commission
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is
amended--
(1) in subsection (c)--
(A) in the first sentence, by striking ``The Federal
Cochairperson'' and inserting the following:
``(1) Term of federal cochairperson.--The Federal
Cochairperson'';
(B) in the second sentence, by striking ``All other
members'' and inserting the following:
``(3) Term of all other members.--All other members'';
(C) in the third sentence, by striking ``Any vacancy'' and
inserting the following:
``(4) Vacancies.--Except as provided in paragraph (2), any
vacancy''; and
(D) by inserting before paragraph (3) (as designated by
subparagraph (B)) the following:
``(2) Interim federal cochairperson.--In the event of a
vacancy for any reason in the position of Federal
Cochairperson, the Secretary may appoint an Interim Federal
Cochairperson, who shall have all the authority of the
Federal Cochairperson, to serve until such time as the
vacancy in the position of Federal Cochairperson is filled in
accordance with subsection (b)(2)).''; and
(2) by adding at the end the following:
``(f) No Federal Employee Status.--No member of the
Commission, other than the Federal Cochairperson, shall be
considered to be a Federal employee for any purpose.
``(g) Conflicts of Interest.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), no member of the Commission (referred to in this
subsection as a `member') shall participate personally or
substantially, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise, in any proceeding, application, request for a
ruling or other determination, contract claim, controversy,
or other matter in which, to the knowledge of the member, 1
or more of the following has a direct financial interest:
``(A) The member.
``(B) The spouse, minor child, or partner of the member.
``(C) An organization described in subparagraph (B), (C),
(D), (E), or (F) of subsection (b)(1) for which the member is
serving as officer, director, trustee, partner, or employee.
``(D) Any individual, person, or organization with which
the member is negotiating or has any arrangement concerning
prospective employment.
``(2) Disclosure.--Paragraph (1) shall not apply if the
member--
``(A) immediately advises the designated agency ethics
official for the Commission of the nature and circumstances
of the matter presenting a potential conflict of interest;
``(B) makes full disclosure of the financial interest; and
``(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the designated agency ethics official for
the Commission that the interest is not so substantial as to
be likely to affect the integrity of the services that the
Commission may expect from the member.
[[Page S5796]]
``(3) Annual disclosures.--Once per calendar year, each
member shall make full disclosure of financial interests, in
a manner to be determined by the designated agency ethics
official for the Commission.
``(4) Training.--Once per calendar year, each member shall
undergo disclosure of financial interests training, as
prescribed by the designated agency ethics official for the
Commission.
``(5) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned for not more
than 2 years, or both.''.
(b) Authorization of Appropriations.--
(1) In general.--Section 310 of the Denali Commission Act
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (as
redesignated by section 1960(1) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1516)) is amended, in subsection (a), by
striking ``under section 4 under this Act'' and all that
follows through ``2008'' and inserting ``under section 304,
$20,000,000 for fiscal year 2017, and such sums as are
necessary for each of fiscal years 2018 through 2021.''.
(2) Clerical amendment.--Section 310 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-
277) (as redesignated by section 1960(1) of SAFETEA-LU
(Public Law 109-59; 119 Stat. 1516)) is redesignated as
section 312.
SEC. 8005. RECREATIONAL ACCESS OF FLOATING CABINS.
The Tennessee Valley Authority Act of 1933 is amended by
inserting after section 9a (16 U.S.C. 831h-1) the following:
``SEC. 9B. RECREATIONAL ACCESS.
``(a) Definition of Floating Cabin.--In this section, the
term `floating cabin' means a watercraft or other floating
structure--
``(1) primarily designed and used for human habitation or
occupation; and
``(2) not primarily designed or used for navigation or
transportation on water.
``(b) Recreational Access.--The Board may allow the use of
a floating cabin if--
``(1) the floating cabin is maintained by the owner to
reasonable health, safety, and environmental standards, as
required by the Board;
``(2) the Corporation has authorized the use of
recreational vessels on the waters; and
``(3) the floating cabin was located on waters under the
jurisdiction of the Corporation as of the date of enactment
of this section.
``(c) Fees.--The Board may assess fees on the owner of a
floating cabin on waters under the jurisdiction of the
Corporation for the purpose of ensuring compliance with
subsection (b) if the fees are necessary and reasonable for
those purposes.
``(d) Continued Recreational Use.--
``(1) In general.--With respect to a floating cabin located
on waters under the jurisdiction of the Corporation on the
date of enactment of this section, the Board--
``(A) may not require the removal of the floating cabin--
``(i) in the case of a floating cabin that was granted a
permit by the Corporation before the date of enactment of
this section, for a period of 15 years beginning on that date
of enactment; and
``(ii) in the case of a floating cabin not granted a permit
by the Corporation before the date of enactment of this
section, for a period of 5 years beginning on that date of
enactment; and
``(B) shall approve and allow the use of the floating cabin
on waters under the jurisdiction of the Corporation at such
time and for such duration as--
``(i) the floating cabin meets the requirements of
subsection (b); and
``(ii) the owner of the floating cabin has paid any fee
assessed pursuant to subsection (c).
``(2) Savings provisions.--
``(A) Nothing in this subsection restricts the ability of
the Corporation to enforce health, safety, or environmental
standards.
``(B) This section applies only to floating cabins located
on waters under the jurisdiction of the Corporation.
``(e) New Construction.--The Corporation may establish
regulations to prevent the construction of new floating
cabins.''.
SEC. 8006. REGULATION OF ABOVEGROUND STORAGE AT FARMS.
Section 1049(c) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 1361 note; Public Law 113-
121) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking the subsection designation and heading and
all that follows through ``subsection (b),'' and inserting
the following:
``(c) Regulation of Aboveground Storage at Farms.--
``(1) Calculation of aggregate aboveground storage
capacity.--For purposes of subsection (b),''; and
(3) by adding at the end the following:
``(2) Certain farm containers.--Part 112 of title 40, Code
of Federal Regulations (or successor regulations), shall not
apply to the following containers located at a farm:
``(A) Containers on a separate parcel that have--
``(i) an individual capacity of not greater than 1,000
gallons; and
``(ii) an aggregate capacity of not greater than 2,000
gallons.
``(B) A container holding animal feed ingredients approved
for use in livestock feed by the Commissioner of Food and
Drugs.''.
SEC. 8007. SALT CEDAR REMOVAL PERMIT REVIEWS.
(a) In General.--In the case of an application for a permit
for the mechanized removal of salt cedar from an area that
consists of not more than 500 acres--
(1) any review by the Secretary under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) or
section 10 of the Act of March 3, 1899 (commonly known as the
``Rivers and Harbors Appropriation Act of 1899'') (33 U.S.C.
403), and any review by the Director of the United States
Fish and Wildlife Service (referred to in this section as the
``Director'') under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536), shall, to the maximum extent
practicable, occur concurrently;
(2) all participating and cooperating agencies shall, to
the maximum extent practicable, adopt and use any
environmental document prepared by the lead agency under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) to the same extent that a Federal agency could adopt or
use a document prepared by another Federal agency under--
(A) that Act; and
(B) parts 1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations); and
(3) the review of the application shall, to the maximum
extent practicable, be completed not later than the date on
which the Secretary, in consultation with, and with the
concurrence of, the Director, establishes.
(b) Contributed Funds.--The Secretary may accept and expend
funds received from non-Federal public or private entities to
conduct a review referred to in subsection (a).
(c) Limitations.--Nothing in this section preempts or
interferes with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in
a court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental
agency, Indian tribe, or project sponsor has with respect to
carrying out a project or any other provision of law
applicable to projects.
SEC. 8008. INTERNATIONAL OUTFALL INTERCEPTOR REPAIR,
OPERATIONS, AND MAINTENANCE.
(a) Sense of Congress.--It is the sense of Congress that,
pursuant to the Act of July 27, 1953 (22 U.S.C. 277d-10 et
seq.), and notwithstanding the memorandum of agreement
between the United States Section of the International
Boundary and Water Commission and the City of Nogales,
Arizona, dated January 20, 2006 (referred to in this section
as the ``Agreement''), an equitable proportion of the costs
of operation and maintenance of the Nogales sanitation
project to be contributed by the City of Nogales, Arizona
(referred to in this section as the ``City''), should be
based on the average daily volume of wastewater originating
from the City.
(b) Capital Costs Excluded.--Pursuant to the Agreement and
the Act of July 27, 1953 (22 U.S.C. 277d-10 et seq.), the
City shall have no obligation to contribute to any capital
costs of repairing or upgrading the Nogales sanitation
project.
(c) Overcharges.--Notwithstanding the Agreement and subject
to subsection (d), the United States Section of the
International Boundary and Water Commission shall reimburse
the City for, and shall not charge the City after the date of
enactment of this Act for, operations and maintenance costs
in excess of an equitable proportion of the costs, as
described in subsection (a).
(d) Limitation.--Costs reimbursed or a reduction in costs
charged under subsection (c) shall not exceed $4,000,000.
SEC. 8009. PECHANGA BAND OF LUISENO MISSION INDIANS WATER
RIGHTS SETTLEMENT.
(a) Purposes.--The purposes of this section are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights and certain claims for injuries to
water rights in the Santa Margarita River Watershed for--
(A) the Band; and
(B) the United States, acting in its capacity as trustee
for the Band and Allottees;
(2) to achieve a fair, equitable, and final settlement of
certain claims by the Band and Allottees against the United
States;
(3) to authorize, ratify, and confirm the Pechanga
Settlement Agreement to be entered into by the Band, RCWD,
and the United States;
(4) to authorize and direct the Secretary--
(A) to execute the Pechanga Settlement Agreement; and
(B) to take any other action necessary to carry out the
Pechanga Settlement Agreement in accordance with this
section; and
(5) to authorize the appropriation of amounts necessary for
the implementation of the Pechanga Settlement Agreement and
this section.
(b) Definitions.--In this section:
(1) Adjudication court.--The term ``Adjudication Court''
means the United States District Court for the Southern
District of California, which exercises continuing
jurisdiction over the Adjudication Proceeding.
(2) Adjudication proceeding.--The term ``Adjudication
Proceeding'' means litigation initiated by the United States
regarding relative water rights in the Santa Margarita
[[Page S5797]]
River Watershed in United States v. Fallbrook Public Utility
District et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including
any litigation initiated to interpret or enforce the relative
water rights in the Santa Margarita River Watershed pursuant
to the continuing jurisdiction of the Adjudication Court over
the Fallbrook Decree.
(3) Allottee.--The term ``Allottee'' means an individual
who holds a beneficial real property interest in an Indian
allotment that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(4) Band.--The term ``Band'' means Pechanga Band of Luiseno
Mission Indians, a federally recognized sovereign Indian
tribe that functions as a custom and tradition Indian tribe,
acting on behalf of itself and its members, but not acting on
behalf of members in their capacities as Allottees.
(5) Claims.--The term ``claims'' means rights, claims,
demands, actions, compensation, or causes of action, whether
known or unknown.
(6) EMWD.--The term ``EMWD'' means Eastern Municipal Water
District, a municipal water district organized and existing
in accordance with the Municipal Water District Law of 1911,
Division 20 of the Water Code of the State of California, as
amended.
(7) EMWD connection fee.--The term ``EMWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(8) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the
Federal Register the statement of findings described in
subsection (f)(5).
(9) ESAA capacity agreement.--The term ``ESAA Capacity
Agreement'' means the ``Agreement to Provide Capacity for
Delivery of ESAA Water'', among the Band, RCWD and the United
States.
(10) ESAA water.--The term ``ESAA Water'' means imported
potable water that the Band receives from EMWD and MWD
pursuant to the Extension of Service Area Agreement and
delivered by RCWD pursuant to the ESAA Water Delivery
Agreement.
(11) ESAA water delivery agreement.--The term ``ESAA Water
Delivery Agreement'' means the agreement among EMWD, RCWD,
and the Band, establishing the terms and conditions of water
service to the Band.
(12) Extension of service area agreement.--The term
``Extension of Service Area Agreement'' means the ``Agreement
for Extension of Existing Service Area'', among the Band,
EMWD, and MWD, for the provision of water service by EMWD to
a designated portion of the Reservation using water supplied
by MWD.
(13) Fallbrook decree.--
(A) In general.--The term ``Fallbrook Decree'' means the
``Modified Final Judgment And Decree'', entered in the
Adjudication Proceeding on April 6, 1966.
(B) Inclusions.--The term ``Fallbrook Decree'' includes all
court orders, interlocutory judgments, and decisions
supplemental to the ``Modified Final Judgment And Decree'',
including Interlocutory Judgment No. 30, Interlocutory
Judgment No. 35, and Interlocutory Judgment No. 41.
(14) Fund.--The term ``Fund'' means the Pechanga Settlement
Fund established by subsection (h).
(15) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(16) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of water rights under Federal or State law.
(17) Interim capacity.--The term ``Interim Capacity'' has
the meaning set forth in the ESAA Capacity Agreement.
(18) Interim capacity notice.--The term ``Interim Capacity
Notice'' has the meaning set forth in the ESAA Capacity
Agreement.
(19) Interlocutory judgment no. 41.--The term
``Interlocutory Judgment No. 41'' means Interlocutory
Judgment No. 41 issued in the Adjudication Proceeding on
November 8, 1962, including all court orders, judgments and
decisions supplemental to that interlocutory judgment.
(20) MWD.--The term ``MWD'' means the Metropolitan Water
District of Southern California, a metropolitan water
district organized and incorporated under the Metropolitan
Water District Act of the State of California (Stats. 1969,
Chapter 209, as amended).
(21) MWD connection fee.--The term ``MWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(22) Pechanga esaa delivery capacity account.--The term
``Pechanga ESAA Delivery Capacity account'' means the account
established by subsection (h)(3)(B).
(23) Pechanga recycled water infrastructure account.--The
term ``Pechanga Recycled Water Infrastructure account'' means
the account established by subsection (h)(3)(A).
(24) Pechanga settlement agreement.--The term ``Pechanga
Settlement Agreement'' means the Pechanga Settlement
Agreement, dated June 17, 2014, together with the exhibits to
that agreement, entered into by the Band, the United States
on behalf of the Band, its members and Allottees, MWD, EMWD,
and RCWD, including--
(A) the Extension of Service Area Agreement;
(B) the ESAA Capacity Agreement; and
(C) the ESAA Water Delivery Agreement.
(25) Pechanga water code.--The term ``Pechanga Water Code''
means a water code to be adopted by the Band in accordance
with subsection (d)(6).
(26) Pechanga water fund account.--The term ``Pechanga
Water Fund account'' means the account established by
subsection (h)(3)(C).
(27) Pechanga water quality account.--The term ``Pechanga
Water Quality account'' means the account established by
subsection (h)(3)(D).
(28) Permanent capacity.--The term ``Permanent Capacity''
has the meaning set forth in the ESAA Capacity Agreement.
(29) Permanent capacity notice.--The term ``Permanent
Capacity Notice'' has the meaning set forth in the ESAA
Capacity Agreement.
(30) RCWD.--
(A) In general.--The term ``RCWD'' means the Rancho
California Water District organized pursuant to section 34000
et seq. of the California Water Code.
(B) Inclusions.--The term ``RCWD'' includes all real
property owners for whom RCWD acts as an agent pursuant to an
agency agreement.
(31) Recycled water infrastructure agreement.--The term
``Recycled Water Infrastructure Agreement'' means the
``Agreement for Recycled Water Infrastructure'' among the
Band, RCWD, and the United States.
(32) Recycled water transfer agreement.--The term
``Recycled Water Transfer Agreement'' means the ``Recycled
Water Transfer Agreement'' between the Band and RCWD.
(33) Reservation.--
(A) In general.--The term ``Reservation'' means the land
depicted on the map attached to the Pechanga Settlement
Agreement as Exhibit I.
(B) Applicability of term.--The term ``Reservation'' shall
be used solely for the purposes of the Pechanga Settlement
Agreement, this section, and any judgment or decree issued by
the Adjudication Court approving the Pechanga Settlement
Agreement.
(34) Santa margarita river watershed.--The term ``Santa
Margarita River Watershed'' means the watershed that is the
subject of the Adjudication Proceeding and the Fallbrook
Decree.
(35) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(36) State.--The term ``State'' means the State of
California.
(37) Storage pond.--The term ``Storage Pond'' has the
meaning set forth in the Recycled Water Infrastructure
Agreement.
(38) Tribal water right.--The term ``Tribal Water Right''
means the water rights ratified, confirmed, and declared to
be valid for the benefit of the Band and Allottees, as set
forth and described in subsection (d).
(c) Approval of the Pechanga Settlement Agreement.--
(1) Ratification of pechanga settlement agreement.--
(A) In general.--Except as modified by this section, and to
the extent that the Pechanga Settlement Agreement does not
conflict with this section, the Pechanga Settlement Agreement
is authorized, ratified, and confirmed.
(B) Amendments.--Any amendment to the Pechanga Settlement
Agreement is authorized, ratified, and confirmed, to the
extent that the amendment is executed to make the Pechanga
Settlement Agreement consistent with this section.
(2) Execution of pechanga settlement agreement.--
(A) In general.--To the extent that the Pechanga Settlement
Agreement does not conflict with this section, the Secretary
is directed to and promptly shall execute--
(i) the Pechanga Settlement Agreement (including any
exhibit to the Pechanga Settlement Agreement requiring the
signature of the Secretary); and
(ii) any amendment to the Pechanga Settlement Agreement
necessary to make the Pechanga Settlement Agreement
consistent with this section.
(B) Modifications.--Nothing in this section precludes the
Secretary from approving modifications to exhibits to the
Pechanga Settlement Agreement not inconsistent with this
section, to the extent those modifications do not otherwise
require congressional approval pursuant to section 2116 of
the Revised Statutes (25 U.S.C. 177) or other applicable
Federal law.
(3) Environmental compliance.--
(A) In general.--In implementing the Pechanga Settlement
Agreement, the Secretary shall promptly comply with all
applicable requirements of--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(iii) all other applicable Federal environmental laws; and
(iv) all regulations promulgated under the laws described
in clauses (i) through (iii).
(B) Execution of the pechanga settlement agreement.--
(i) In general.--Execution of the Pechanga Settlement
Agreement by the Secretary under this subsection shall not
constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[[Page S5798]]
(ii) Compliance.--The Secretary is directed to carry out
all Federal compliance necessary to implement the Pechanga
Settlement Agreement.
(C) Lead agency.--The Bureau of Reclamation shall be
designated as the lead agency with respect to environmental
compliance.
(d) Tribal Water Right.--
(1) Intent of congress.--It is the intent of Congress to
provide to each Allottee benefits that are equal to or exceed
the benefits Allottees possess as of the date of enactment of
this section, taking into consideration--
(A) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Pechanga
Settlement Agreement and this section;
(B) the availability of funding under this section;
(C) the availability of water from the Tribal Water Right
and other water sources as set forth in the Pechanga
Settlement Agreement; and
(D) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381), and this section to protect the
interests of Allottees.
(2) Confirmation of tribal water right.--
(A) In general.--A Tribal Water Right of up to 4,994 acre-
feet of water per year that, under natural conditions, is
physically available on the Reservation is confirmed in
accordance with the Findings of Fact and Conclusions of Law
set forth in Interlocutory Judgment No. 41, as affirmed by
the Fallbrook Decree.
(B) Use.--Subject to the terms of the Pechanga Settlement
Agreement, this section, the Fallbrook Decree and applicable
Federal law, the Band may use the Tribal Water Right for any
purpose on the Reservation.
(3) Holding in trust.--The Tribal Water Right, as set forth
in paragraph (2), shall--
(A) be held in trust by the United States on behalf of the
Band and the Allottees in accordance with this subsection;
(B) include the priority dates described in Interlocutory
Judgment No. 41, as affirmed by the Fallbrook Decree; and
(C) not be subject to forfeiture or abandonment.
(4) Allottees.--
(A) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal Water Right.
(B) Entitlement to water.--Any entitlement to water of
allotted land located within the exterior boundaries of the
Reservation under Federal law shall be satisfied from the
Tribal Water Right.
(C) Allocations.--Allotted land located within the exterior
boundaries of the Reservation shall be entitled to a just and
equitable allocation of water for irrigation and domestic
purposes from the Tribal Water Right.
(D) Exhaustion of remedies.--Before asserting any claim
against the United States under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or any other applicable
law, an Allottee shall exhaust remedies available under the
Pechanga Water Code or other applicable tribal law.
(E) Claims.--Following exhaustion of remedies available
under the Pechanga Water Code or other applicable tribal law,
an Allottee may seek relief under section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), or other applicable law.
(F) Authority.--The Secretary shall have the authority to
protect the rights of Allottees as specified in this
subsection.
(5) Authority of band.--
(A) In general.--Except as provided in subparagraph (B),
the Band shall have authority to use, allocate, distribute,
and lease the Tribal Water Right on the Reservation in
accordance with--
(i) the Pechanga Settlement Agreement; and
(ii) applicable Federal law.
(B) Leases by allottees.--
(i) In general.--An Allottee may lease any interest in land
held by the Allottee, together with any water right
determined to be appurtenant to that interest in land.
(ii) Water right appurtenant.--Any water right determined
to be appurtenant to an interest in land leased by an
Allottee shall be used on the Reservation.
(6) Pechanga water code.--
(A) In general.--Not later than 18 months after the
enforceability date, the Band shall enact a Pechanga Water
Code, that provides for--
(i) the management, regulation, and governance of all uses
of the Tribal Water Right in accordance with the Pechanga
Settlement Agreement; and
(ii) establishment by the Band of conditions, permit
requirements, and other limitations relating to the storage,
recovery, and use of the Tribal Water Right in accordance
with the Pechanga Settlement Agreement.
(B) Inclusions.--The Pechanga Water Code shall provide--
(i) that allocations of water to Allottees shall be
satisfied with water from the Tribal Water Right;
(ii) that charges for delivery of water for irrigation
purposes for Allottees shall be assessed in accordance with
section 7 of the Act of February 8, 1887 (25 U.S.C. 381);
(iii) a process by which an Allottee (or any successor in
interest to an Allottee) may request that the Band provide
water for irrigation or domestic purposes in accordance with
this section;
(iv) a due process system for the consideration and
determination by the Band of any request by an Allottee (or
any successor in interest to an Allottee) for an allocation
of such water for irrigation or domestic purposes on allotted
land, including a process for--
(I) appeal and adjudication of any denied or disputed
distribution of water; and
(II) resolution of any contested administrative decision;
and
(v) a requirement that any Allottee (or any successor in
interest to an Allottee) with a claim relating to the
enforcement of rights of the Allottee (or any successor in
interest to an Allottee) under the Pechanga Water Code or
relating to the amount of water allocated to land of the
Allottee must first exhaust remedies available to the
Allottee under tribal law and the Pechanga Water Code before
initiating an action against the United States or petitioning
the Secretary pursuant to paragraph (4)(D).
(C) Action by secretary.--
(i) In general.--The Secretary shall administer the Tribal
Water Right until the Pechanga Water Code is enacted and
approved under this subsection.
(ii) Approval.--Any provision of the Pechanga Water Code
and any amendment to the Pechanga Water Code that affects the
rights of Allottees--
(I) shall be subject to the approval of the Secretary; and
(II) shall not be valid until approved by the Secretary.
(iii) Approval period.--The Secretary shall approve or
disapprove the Pechanga Water Code within a reasonable period
of time after the date on which the Band submits the Pechanga
Water Code to the Secretary for approval.
(7) Effect.--Except as otherwise specifically provided in
this section, nothing in this section--
(A) authorizes any action by an Allottee (or any successor
in interest to an Allottee) against any individual or entity,
or against the Band, under Federal, State, tribal, or local
law; or
(B) alters or affects the status of any action pursuant to
section 1491(a) of title 28, United States Code.
(e) Satisfaction of Claims.--
(1) In general.--The benefits provided to the Band under
the Pechanga Settlement Agreement and this Act shall be in
complete replacement of, complete substitution for, and full
satisfaction of all claims of the Band against the United
States that are waived and released pursuant to subsection
(f).
(2) Allottee claims.--The benefits realized by the
Allottees under this section shall be in complete replacement
of, complete substitution for, and full satisfaction of--
(A) all claims that are waived and released pursuant to
subsection (f); and
(B) any claims of the Allottees against the United States
that the Allottees have or could have asserted that are
similar in nature to any claim described in subsection (f).
(3) No recognition of water rights.--Except as provided in
subsection (d)(4), nothing in this section recognizes or
establishes any right of a member of the Band or an Allottee
to water within the Reservation.
(4) Claims relating to development of water for
reservation.--
(A) In general.--The amounts authorized to be appropriated
pursuant to subsection (j) shall be used to satisfy any claim
of the Allottees against the United States with respect to
the development or protection of water resources for the
Reservation.
(B) Satisfaction of claims.--Upon the complete
appropriation of amounts authorized pursuant to subsection
(j), any claim of the Allottees against the United States
with respect to the development or protection of water
resources for the Reservation shall be deemed to have been
satisfied.
(f) Waiver of Claims.--
(1) In general.--
(A) Waiver of claims by the band and the united states
acting in its capacity as trustee for the band.--
(i) In general.--Subject to the retention of rights set
forth in paragraph (3), in return for recognition of the
Tribal Water Right and other benefits as set forth in the
Pechanga Settlement Agreement and this section, the Band, on
behalf of itself and the members of the Band (but not on
behalf of a tribal member in the capacity of Allottee), and
the United States, acting as trustee for the Band, are
authorized and directed to execute a waiver and release of
all claims for water rights within the Santa Margarita River
Watershed that the Band, or the United States acting as
trustee for the Band, asserted or could have asserted in any
proceeding, including the Adjudication Proceeding, except to
the extent that such rights are recognized in the Pechanga
Settlement Agreement and this section.
(ii) Claims against rcwd.--Subject to the retention of
rights set forth in paragraph (3) and notwithstanding any
provisions to the contrary in the Pechanga Settlement
Agreement, the Band and the United States, on behalf of the
Band and Allottees, fully release, acquit, and discharge RCWD
from--
(I) claims for injuries to water rights in the Santa
Margarita River Watershed for land located within the
Reservation arising or occurring at any time up to and
including June 30, 2009;
(II) claims for injuries to water rights in the Santa
Margarita River Watershed for land located within the
Reservation arising or occurring at any time after June 30,
2009, resulting from the diversion or use of water
[[Page S5799]]
in a manner not in violation of the Pechanga Settlement
Agreement or this section;
(III) claims for subsidence damage to land located within
the Reservation arising or occurring at any time up to and
including June 30, 2009;
(IV) claims for subsidence damage arising or occurring
after June 30, 2009, to land located within the Reservation
resulting from the diversion of underground water in a manner
consistent with the Pechanga Settlement Agreement or this
section; and
(V) claims arising out of, or relating in any manner to,
the negotiation or execution of the Pechanga Settlement
Agreement or the negotiation or execution of this section.
(B) Claims by the united states acting in its capacity as
trustee for allottees.--Subject to the retention of claims
set forth in paragraph (3), in return for recognition of the
water rights of the Band and other benefits as set forth in
the Pechanga Settlement Agreement and this section, the
United States, acting as trustee for Allottees, is authorized
and directed to execute a waiver and release of all claims
for water rights within the Santa Margarita River Watershed
that the United States, acting as trustee for the Allottees,
asserted or could have asserted in any proceeding, including
the Adjudication Proceeding.
(C) Claims by the band against the united states.--Subject
to the retention of rights set forth in paragraph (3), the
Band, on behalf of itself and the members of the Band (but
not on behalf of a tribal member in the capacity of
Allottee), is authorized to execute a waiver and release of--
(i) all claims against the United States (including the
agencies and employees of the United States) relating to
claims for water rights in, or water of, the Santa Margarita
River Watershed that the United States, acting in its
capacity as trustee for the Band, asserted, or could have
asserted, in any proceeding, including the Adjudication
Proceeding, except to the extent that those rights are
recognized in the Pechanga Settlement Agreement and this
section;
(ii) all claims against the United States (including the
agencies and employees of the United States) relating to
damages, losses, or injuries to water, water rights, land, or
natural resources due to loss of water or water rights
(including damages, losses or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion, or
taking of water or water rights, or claims relating to
failure to protect, acquire, replace, or develop water, water
rights, or water infrastructure) in the Santa Margarita River
Watershed that first accrued at any time up to and including
the enforceability date;
(iii) all claims against the United States (including the
agencies and employees of the United States) relating to the
pending litigation of claims relating to the water rights of
the Band in the Adjudication Proceeding; and
(iv) all claims against the United States (including the
agencies and employees of the United States) relating to the
negotiation or execution of the Pechanga Settlement Agreement
or the negotiation or execution of this section.
(2) Effectiveness of waivers and releases.--The waivers
under paragraph (1) shall take effect on the enforceability
date.
(3) Reservation of rights and retention of claims.--
Notwithstanding the waivers and releases authorized in this
section, the Band, on behalf of itself and the members of the
Band, and the United States, acting in its capacity as
trustee for the Band and Allottees, retain--
(A) all claims for enforcement of the Pechanga Settlement
Agreement and this section;
(B) all claims against any person or entity other than the
United States and RCWD, including claims for monetary
damages;
(C) all claims for water rights that are outside the
jurisdiction of the Adjudication Court;
(D) all rights to use and protect water rights acquired on
or after the enforceability date; and
(E) all remedies, privileges, immunities, powers, and
claims, including claims for water rights, not specifically
waived and released pursuant to this section and the Pechanga
Settlement Agreement.
(4) Effect of pechanga settlement agreement and act.--
Nothing in the Pechanga Settlement Agreement or this
section--
(A) affects the ability of the United States, acting as
sovereign, to take actions authorized by law, including any
laws relating to health, safety, or the environment,
including--
(i) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(iv) any regulations implementing the Acts described in
clauses (i) through (iii);
(B) affects the ability of the United States to take
actions acting as trustee for any other Indian tribe or an
Allottee of any other Indian tribe;
(C) confers jurisdiction on any State court--
(i) to interpret Federal law regarding health, safety, or
the environment;
(ii) to determine the duties of the United States or other
parties pursuant to Federal law regarding health, safety, or
the environment; or
(iii) to conduct judicial review of Federal agency action;
(D) waives any claim of a member of the Band in an
individual capacity that does not derive from a right of the
Band;
(E) limits any funding that RCWD would otherwise be
authorized to receive under any Federal law, including, the
Reclamation Wastewater and Groundwater Study and Facilities
Act (43 U.S.C. 390h et seq.) as that Act applies to permanent
facilities for water recycling, demineralization, and
desalination, and distribution of nonpotable water supplies
in Southern Riverside County, California;
(F) characterizes any amounts received by RCWD under the
Pechanga Settlement Agreement or this section as Federal for
purposes of section 1649 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h-32); or
(G) affects the requirement of any party to the Pechanga
Settlement Agreement or any of the exhibits to the Pechanga
Settlement Agreement to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
the California Environmental Quality Act (Cal. Pub. Res. Code
21000 et seq.) prior to performing the respective obligations
of that party under the Pechanga Settlement Agreement or any
of the exhibits to the Pechanga Settlement Agreement.
(5) Enforceability date.--The enforceability date shall be
the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(A) the Adjudication Court has approved and entered a
judgment and decree approving the Pechanga Settlement
Agreement in substantially the same form as Appendix 2 to the
Pechanga Settlement Agreement;
(B) all amounts authorized by this section have been
deposited in the Fund;
(C) the waivers and releases authorized in paragraph (1)
have been executed by the Band and the Secretary;
(D) the Extension of Service Area Agreement--
(i) has been approved and executed by all the parties to
the Extension of Service Area Agreement; and
(ii) is effective and enforceable in accordance with the
terms of the Extension of Service Area Agreement; and
(E) the ESAA Water Delivery Agreement--
(i) has been approved and executed by all the parties to
the ESAA Water Delivery Agreement; and
(ii) is effective and enforceable in accordance with the
terms of the ESAA Water Delivery Agreement.
(6) Tolling of claims.--
(A) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this subsection shall be tolled for the period beginning on
the date of enactment of this Act and ending on the earlier
of--
(i) April 30, 2030, or such alternate date after April 30,
2030, as is agreed to by the Band and the Secretary; or
(ii) the enforceability date.
(B) Effects of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(C) Limitation.--Nothing in this subsection precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(7) Termination.--
(A) In general.--If all of the amounts authorized to be
appropriated to the Secretary pursuant to this section have
not been made available to the Secretary by April 30, 2030--
(i) the waivers authorized by this subsection shall expire
and have no force or effect; and
(ii) all statutes of limitations applicable to any claim
otherwise waived under this subsection shall be tolled until
April 30, 2030.
(B) Voiding of waivers.--If a waiver authorized by this
subsection is void under subparagraph (A)--
(i) the approval of the United States of the Pechanga
Settlement Agreement under subsection (c) shall be void and
have no further force or effect;
(ii) any unexpended Federal amounts appropriated or made
available to carry out this section, together with any
interest earned on those amounts, and any water rights or
contracts to use water and title to other property acquired
or constructed with Federal amounts appropriated or made
available to carry out this section shall be returned to the
Federal Government, unless otherwise agreed to by the Band
and the United States and approved by Congress; and
(iii) except for Federal amounts used to acquire or develop
property that is returned to the Federal Government under
clause (ii), the United States shall be entitled to set off
any Federal amounts appropriated or made available to carry
out this section that were expended or withdrawn, together
with any interest accrued, against any claims against the
United States relating to water rights asserted by the Band
or Allottees in any future settlement of the water rights of
the Band or Allottees.
(g) Water Facilities.--
(1) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the
designated accounts of the Fund, provide the amounts
necessary to fulfill the obligations of the Band under
[[Page S5800]]
the Recycled Water Infrastructure Agreement and the ESAA
Capacity Agreement, in an amount not to exceed the amounts
deposited in the designated accounts for such purposes plus
any interest accrued on such amounts from the date of deposit
in the Fund to the date of disbursement from the Fund, in
accordance with this section and the terms and conditions of
those agreements.
(2) Nonreimbursability of costs.--All costs incurred by the
Secretary in carrying out this subsection shall be
nonreimbursable.
(3) Recycled water infrastructure.--
(A) In general.--The Secretary shall, using amounts from
the Pechanga Recycled Water Infrastructure account, provide
amounts for the Storage Pond in accordance with this
paragraph.
(B) Storage pond.--
(i) In general.--The Secretary shall, subject to the
availability of appropriations, provide the amounts necessary
to fulfill the obligations of the Band under the Recycled
Water Infrastructure Agreement for the design and
construction of the Storage Pond, in an amount not to exceed
$2,656,374.
(ii) Procedure.--The procedure for the Secretary to provide
amounts pursuant to this paragraph shall be as set forth in
the Recycled Water Infrastructure Agreement.
(iii) Lead agency.--The Bureau of Reclamation shall be the
lead agency for purposes of the implementation of this
paragraph.
(iv) Liability.--The United States shall have no
responsibility or liability for the Storage Pond.
(4) ESAA delivery capacity.--
(A) In general.--The Secretary shall, using amounts from
the Pechanga ESAA Delivery Capacity account, provide amounts
for Interim Capacity and Permanent Capacity in accordance
with this paragraph.
(B) Interim capacity.--
(i) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the ESAA
Delivery Capacity account, provide amounts necessary to
fulfill the obligations of the Band under the ESAA Capacity
Agreement for the provision by RCWD of Interim Capacity to
the Band in an amount not to exceed $1,000,000.
(ii) Procedure.--The procedure for the Secretary to provide
amounts pursuant to this subparagraph shall be as set forth
in the ESAA Capacity Agreement.
(iii) Lead agency.--The Bureau of Reclamation shall be the
lead agency for purposes of the implementation of this
subparagraph.
(iv) Liability.--The United States shall have no
responsibility or liability for the Interim Capacity to be
provided by RCWD.
(v) Transfer to band.--If RCWD does not provide the Interim
Capacity Notice required pursuant to the ESAA Capacity
Agreement by the date that is 60 days after the date required
under the ESAA Capacity Agreement, the amounts in the
Pechanga ESAA Delivery Capacity account for purposes of the
provision of Interim Capacity and Permanent Capacity,
including any interest that has accrued on those amounts,
shall be available for use by the Band to provide alternative
interim capacity in a manner that is similar to the Interim
Capacity and Permanent Capacity that the Band would have
received had RCWD provided such Interim Capacity and
Permanent Capacity.
(C) Permanent capacity.--
(i) In general.--On receipt of the Permanent Capacity
Notice pursuant to section 5(b) of the ESAA Capacity
Agreement, the Secretary, acting through the Bureau of
Reclamation, shall enter into negotiations with RCWD and the
Band to establish an agreement that will allow for the
disbursement of amounts from the Pechanga ESAA Delivery
Capacity account in accordance with clause (ii).
(ii) Schedule of disbursement.--Subject to the availability
of amounts under subsection (h)(5), on execution of the ESAA
Capacity Agreement, the Secretary shall, subject to the
availability of appropriations and using amounts from the
ESAA Delivery Capacity account, provide amounts necessary to
fulfill the obligations of the Band under the ESAA Capacity
Agreement for the provision by RCWD of Permanent Capacity to
the Band in an amount not to exceed the amount available in
the ESAA Delivery Capacity account as of the date on which
the ESAA Capacity Agreement is executed.
(iii) Procedure.--The procedure for the Secretary to
provide funds pursuant to this subparagraph shall be as set
forth in the ESAA Capacity Agreement.
(iv) Lead agency.--The Bureau of Reclamation shall be the
lead agency for purposes of the implementation of this
subparagraph.
(v) Liability.--The United States shall have no
responsibility or liability for the Permanent Capacity to be
provided by RCWD.
(vi) Transfer to band.--If RCWD does not provide the
Permanent Capacity Notice required pursuant to the ESAA
Capacity Agreement by the date that is 5 years after the
enforceability date, the amounts in the Pechanga ESAA
Delivery Capacity account for purposes of the provision of
Permanent Capacity, including any interest that has accrued
on those amounts, shall be available for use by the Band to
provide alternative permanent capacity in a manner that is
similar to the Permanent Capacity that the Band would have
received had RCWD provided such Permanent Capacity.
(h) Pechanga Settlement Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Pechanga
Settlement Fund'', to be managed, invested, and distributed
by the Secretary and to be available until expended, and,
together with any interest earned on those amounts, to be
used solely for the purpose of carrying out this section.
(2) Transfers to fund.--The Fund shall consist of such
amounts as are deposited in the Fund under subsection (j),
together with any interest earned on those amounts, which
shall be available in accordance with paragraph (5).
(3) Accounts of pechanga settlement fund.--The Secretary
shall establish in the Fund the following accounts:
(A) Pechanga Recycled Water Infrastructure account,
consisting of amounts authorized pursuant to subsection
(j)(1).
(B) Pechanga ESAA Delivery Capacity account, consisting of
amounts authorized pursuant to subsection (j)(2).
(C) Pechanga Water Fund account, consisting of amounts
authorized pursuant to subsection (j)(3).
(D) Pechanga Water Quality account, consisting of amounts
authorized pursuant to subsection (j)(4).
(4) Management of fund.--The Secretary shall manage,
invest, and distribute all amounts in the Fund in a manner
that is consistent with the investment authority of the
Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(5) Availability of amounts.--Amounts appropriated to, and
deposited in, the Fund, including any investment earnings
accrued from the date of deposit in the Fund through the date
of disbursement from the Fund, shall be made available to the
Band by the Secretary beginning on the enforceability date.
(6) Withdrawals by band pursuant to the american indian
trust fund management reform act.--
(A) In general.--The Band may withdraw all or part of the
amounts in the Fund on approval by the Secretary of a tribal
management plan submitted by the Band in accordance with the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) Requirements.--
(i) In general.--In addition to the requirements under the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.), the tribal management plan under
subparagraph (A) shall require that the Band shall spend all
amounts withdrawn from the Fund in accordance with this
section.
(ii) Enforcement.--The Secretary may carry out such
judicial or administrative actions as the Secretary
determines to be necessary to enforce the tribal management
plan to ensure that amounts withdrawn by the Band from the
Fund under this paragraph are used in accordance with this
section.
(7) Withdrawals by band pursuant to an expenditure plan.--
(A) In general.--The Band may submit an expenditure plan
for approval by the Secretary requesting that all or part of
the amounts in the Fund be disbursed in accordance with the
plan.
(B) Requirements.--The expenditure plan under subparagraph
(A) shall include a description of the manner and purpose for
which the amounts proposed to be disbursed from the Fund will
be used, in accordance with paragraph (8).
(C) Approval.--If the Secretary determines that an
expenditure plan submitted under this subsection is
consistent with the purposes of this section, the Secretary
shall approve the plan.
(D) Enforcement.--The Secretary may carry out such judicial
or administrative actions as the Secretary determines
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this paragraph are used in accordance
with this section.
(8) Uses.--Amounts from the Fund shall be used by the Band
for the following purposes:
(A) Pechanga recycled water infrastructure account.--The
Pechanga Recycled Water Infrastructure account shall be used
for expenditures by the Band in accordance with subsection
(g)(3).
(B) Pechanga esaa delivery capacity account.--The Pechanga
ESAA Delivery Capacity account shall be used for expenditures
by the Band in accordance with subsection (g)(4).
(C) Pechanga water fund account.--The Pechanga Water Fund
account shall be used for--
(i) payment of the EMWD Connection Fee;
(ii) payment of the MWD Connection Fee; and
(iii) any expenses, charges, or fees incurred by the Band
in connection with the delivery or use of water pursuant to
the Pechanga Settlement Agreement.
(D) Pechanga water quality account.--The Pechanga Water
Quality account shall be used by the Band to fund groundwater
desalination activities within the Wolf Valley Basin.
(9) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure of, or the
investment of any
[[Page S5801]]
amounts withdrawn from, the Fund by the Band under paragraph
(6) or (7).
(10) No per capita distributions.--No portion of the Fund
shall be distributed on a per capita basis to any member of
the Band.
(i) Miscellaneous Provisions.--
(1) Waiver of sovereign immunity by the united states.--
Except as provided in subsections (a) through (c) of section
208 of the Department of Justice Appropriation Act, 1953 (43
U.S.C. 666), nothing in this section waives the sovereign
immunity of the United States.
(2) Other tribes not adversely affected.--Nothing in this
section quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
tribe, band, or community other than the Band.
(3) Limitation on claims for reimbursement.--With respect
to Indian land within the Reservation--
(A) the United States shall not submit against any Indian-
owned land located within the Reservation any claim for
reimbursement of the cost to the United States of carrying
out this section and the Pechanga Settlement Agreement; and
(B) no assessment of any Indian-owned land located within
the Reservation shall be made regarding that cost.
(4) Effect on current law.--Nothing in this subsection
affects any provision of law (including regulations) in
effect on the day before the date of enactment of this Act
with respect to preenforcement review of any Federal
environmental enforcement action.
(j) Authorization of Appropriations.--
(1) Pechanga recycled water infrastructure account.--There
is authorized to be appropriated $2,656,374, for deposit in
the Pechanga Recycled Water Infrastructure account, to carry
out the activities described in subsection (g)(3).
(2) Pechanga esaa delivery capacity account.--There is
authorized to be appropriated $17,900,000, for deposit in the
Pechanga ESAA Delivery Capacity account, which amount shall
be adjusted for changes in construction costs since June 30,
2009, as is indicated by ENR Construction Cost Index, 20-City
Average, as applicable to the types of construction required
for the Band to provide the infrastructure necessary for the
Band to provide the Interim Capacity and Permanent Capacity
in the event that RCWD elects not to provide the Interim
Capacity or Permanent Capacity as set forth in the ESAA
Capacity Agreement and contemplated in subparagraphs (B)(v)
and (C)(vi) of subsection (g)(4), with such adjustment ending
on the date on which funds authorized to be appropriated
under this subsection have been deposited in the Fund.
(3) Pechanga water fund account.--There is authorized to be
appropriated $5,483,653, for deposit in the Pechanga Water
Fund account, which amount shall be adjusted for changes in
appropriate cost indices since June 30, 2009, with such
adjustment ending on the date of deposit in the Fund, for the
purposes set forth in subsection (h)(8)(C).
(4) Pechanga water quality account.--There is authorized to
be appropriated $2,460,000, for deposit in the Pechanga Water
Quality account, which amount shall be adjusted for changes
in appropriate cost indices since June 30, 2009, with such
adjustment ending on the date of deposit in the Fund, for the
purposes set forth in subsection (h)(8)(D).
(k) Repeal on Failure of Enforceability Date.--If the
Secretary does not publish a statement of findings under
subsection (f)(5) by April 30, 2021, or such alternative
later date as is agreed to by the Band and the Secretary, as
applicable--
(1) this section is repealed effective on the later of May
1, 2021, or the day after the alternative date agreed to by
the Band and the Secretary;
(2) any action taken by the Secretary and any contract or
agreement pursuant to the authority provided under any
provision of this section shall be void;
(3) any amounts appropriated under subsection (j), together
with any interest on those amounts, shall immediately revert
to the general fund of the Treasury; and
(4) any amounts made available under subsection (j) that
remain unexpended shall immediately revert to the general
fund of the Treasury.
(l) Antideficiency.--
(1) In general.--Notwithstanding any authorization of
appropriations to carry out this section, the expenditure or
advance of any funds, and the performance of any obligation
by the Department in any capacity, pursuant to this section
shall be contingent on the appropriation of funds for that
expenditure, advance, or performance.
(2) Liability.--The Department of the Interior shall not be
liable for the failure to carry out any obligation or
activity authorized by this section if adequate
appropriations are not provided to carry out this section.
SEC. 8010. GOLD KING MINE SPILL RECOVERY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Claimant.--The term ``claimant'' means a State, Indian
tribe, or local government that submits a claim under
subsection (c).
(3) Gold king mine release.--The term ``Gold King Mine
release'' means the discharge on August 5, 2015, of
approximately 3,000,000 gallons of contaminated water from
the Gold King Mine north of Silverton, Colorado, into Cement
Creek that occurred while contractors of the Environmental
Protection Agency were conducting an investigation of the
Gold King Mine to assess mine conditions.
(4) National contingency plan.--The term ``National
Contingency Plan'' means the National Contingency Plan
prepared and published under part 300 of title 40, Code of
Federal Regulations (or successor regulations).
(5) Response.--The term ``response'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(b) Sense of Congress.--It is the sense of Congress that
the Administrator should receive and process, as
expeditiously as possible, claims under chapter 171 of title
28, United States Code (commonly known as the ``Federal Tort
Claims Act'') for any injury arising out of the Gold King
Mine release.
(c) Gold King Mine Release Claims Pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act.--
(1) In general.--The Administrator shall, consistent with
the National Contingency Plan, receive and process under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and pay from
appropriations made available to the Administrator to carry
out that Act, any claim made by a State, Indian tribe, or
local government for eligible response costs relating to the
Gold King Mine release.
(2) Eligible response costs.--
(A) In general.--Response costs incurred between August 5,
2015, and September 9, 2016, are eligible for payment by the
Administrator under this subsection, without prior approval
by the Administrator, if the response costs are not
inconsistent with the National Contingency Plan.
(B) Prior approval required.--Response costs incurred after
September 9, 2016, are eligible for payment by the
Administrator under this subsection if--
(i) the Administrator approves the response costs under
section 111(a)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9611(a)(2)); and
(ii) the response costs are not inconsistent with the
National Contingency Plan.
(3) Presumption.--
(A) In general.--The Administrator shall consider response
costs claimed under paragraph (1) to be eligible response
costs if a reasonable basis exists to establish that the
response costs are not inconsistent with the National
Contingency Plan.
(B) Applicable standard.--In determining whether a response
cost is not inconsistent with the National Contingency Plan,
the Administrator shall apply the same standard that the
United States applies in seeking recovery of the response
costs of the United States from responsible parties under
section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
(4) Timing.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall make a
decision on, and pay, any eligible response costs submitted
to the Administrator before that date of enactment.
(B) Subsequently filed claims.--Not later than 90 days
after the date on which a claim is submitted to the
Administrator, the Administrator shall make a decision on,
and pay, any eligible response costs.
(C) Deadline.--All claims under this subsection shall be
submitted to the Administrator not later than 180 days after
the date of enactment of this Act.
(D) Notification.--Not later than 30 days after the date on
which the Administrator makes a decision under subparagraph
(A) or (B), the Administrator shall notify the claimant of
the decision.
(d) Water Quality Program.--
(1) In general.--In response to the Gold King Mine release,
the Administrator, in conjunction with affected States,
Indian tribes, and local governments, shall, subject to the
availability of appropriations, develop and implement a
program for long-term water quality monitoring of rivers
contaminated by the Gold King Mine release.
(2) Requirements.--In carrying out the program described in
paragraph (1), the Administrator, in conjunction with
affected States, Indian tribes, and local governments,
shall--
(A) collect water quality samples and sediment data;
(B) provide the public with a means of viewing the water
quality sample results and sediment data referred to in
subparagraph (A) by, at a minimum, posting the information on
the website of the Administrator;
(C) take any other reasonable measure necessary to assist
affected States, Indian tribes, and local governments with
long-term water monitoring; and
(D) carry out additional program activities related to
long-term water quality monitoring that the Administrator
determines to be necessary.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator such sums as may be
necessary to carry out this subsection, including the
reimbursement of affected States, Indian tribes, and local
governments for the costs of long-term water quality
monitoring of any river contaminated by the Administrator.
[[Page S5802]]
(e) Existing State and Tribal Law.--Nothing in this section
affects the jurisdiction or authority of any department,
agency, or officer of any State government or any Indian
tribe.
(f) Savings Clause.--Nothing in this section affects any
right of any State, Indian tribe, or other person to bring a
claim against the United States for response costs or natural
resources damages pursuant to section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607).
SEC. 8011. REPORTS BY THE COMPTROLLER GENERAL.
Not later than 5 years after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct the following reviews and submit to Congress reports
describing the results of the reviews:
(1) A review of the implementation and effectiveness of the
Columbia River Basin restoration program authorized under
part V of subtitle F of title VII.
(2) A review of the implementation and effectiveness of
watercraft inspection stations established by the Secretary
under section 104 of the River and Harbor Act of 1958 (33
U.S.C. 610) in preventing the spread of aquatic invasive
species at reservoirs operated and maintained by the
Secretary.
SEC. 8012. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) State water quality standards that impact the disposal
of dredged material should be developed collaboratively, with
input from all relevant stakeholders;
(2) Open-water disposal of dredged material should be
reduced to the maximum extent practicable;
(3) Where practicable, the preference is for disputes
between states related to the disposal of dredged material
and the protection of water quality to be resolved between
the states in accordance with regional plans and involving
regional bodies.
SEC. 8013. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT
FEES FOR CABINS AND TRAILERS.
During the period ending 5 years after the date of
enactment of this Act, the Secretary of the Interior shall
not increase the permit fee for a cabin or trailer on land in
the State of North Dakota administered by the Dakotas Area
Office of the Bureau of Reclamation by more than 33 percent
of the permit fee that was in effect on January 1, 2016.
SEC. 8014. USE OF TRAILER HOMES AT HEART BUTTE DAM AND
RESERVOIR (LAKE TSCHIDA).
(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed
structure added onto the structure of a trailer home that
increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or
recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper hitch
camper, fifth wheel camper, or equivalent mobile shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means
a spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by
the Secretary authorizing the use of a lot in a trailer area.
(5) Permit year.--The term ``permit year'' means the period
beginning on April 1 of a calendar year and ending on March
31 of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person
holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of
the following areas at Heart Butte Dam and Reservoir (Lake
Tschida) (as described in the document of the Bureau of
Reclamation entitled ``Heart Butte Reservoir Resource
Management Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management Unit
034.
(B) Southside Trailer Area, also known as Management Unit
014.
(9) Trailer home.--The term ``trailer home'' means a
dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made mobile, by
an axle and wheels.
(b) Permit Renewal and Permitted Use.--
(1) In general.--The Secretary shall use the same permit
renewal process for trailer area permits as the Secretary
uses for other permit renewals in other reservoirs in the
State of North Dakota administered by the Dakotas Area Office
of the Bureau of Reclamation.
(2) Trailer homes.--With respect to a trailer home, a
permit for each permit year shall authorize the permittee--
(A) to park the trailer home on the lot;
(B) to use the trailer home on the lot;
(C) to physically move the trailer home on and off the lot;
and
(D) to leave on the lot any addition, deck, porch,
entryway, step to the trailer home, propane tank, or storage
shed.
(3) Campers or recreational vehicles.--With respect to a
camper or recreational vehicle, a permit shall, for each
permit year--
(A) from April 1 to October 31, authorize the permittee--
(i) to park the camper or recreational vehicle on the lot;
(ii) to use the camper or recreational vehicle on the lot;
and
(iii) to move the camper or recreational vehicle on and off
the lot; and
(B) from November 1 to March 31, require a permittee to
remove the camper or recreational vehicle from the lot.
(c) Removal.--
(1) In general.--The Secretary may require removal of a
trailer home from a lot in a trailer area if the trailer home
is flooded after the date of enactment of this Act.
(2) Removal and new use.--If the Secretary requires removal
of a trailer home under paragraph (1), on request by the
permittee, the Secretary shall authorize the permittee--
(A) to replace the trailer home on the lot with a camper or
recreational vehicle in accordance with this section; or
(B) to place a trailer home on the lot from April 1 to
October 31.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee
transfers title to a trailer home permitted on a lot in a
trailer area, the Secretary shall issue a permit to the
transferee, under the same terms as the permit applicable on
the date of transfer, subject to the conditions described in
paragraph (3).
(2) Transfer of camper or recreational vehicle title.--If a
permittee who has a permit to use a camper or recreational
vehicle on a lot in a trailer area transfers title to the
interests of the permittee on or to the lot, the Secretary
shall issue a permit to the transferee, subject to the
conditions described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under
paragraph (1) or (2) shall be subject to the following
conditions:
(A) A permit may not be held in the name of a corporation.
(B) A permittee may not have an interest in, or control of,
more than 1 seasonal trailer home site in the Great Plains
Region of the Bureau of Reclamation, inclusive of sites
located on tracts permitted to organized groups on
Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under 1
permit, unless--
(i) approved by the Secretary; or
(ii) the additional persons are immediate family members of
the permittees.
(e) Anchoring Requirements for Trailer Homes.--The
Secretary shall require compliance with appropriate anchoring
requirements for each trailer home (including additions to
the trailer home) and other objects on a lot in a trailer
area, as determined by the Secretary, after consulting with
permittees.
(f) Replacement, Removal, and Return.--
(1) Replacement.--Permittees may replace their trailer home
with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home under
subparagraph (A), return the trailer home to the lot of the
permittee.
(g) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee or for
damages arising out of any act, omission, or occurrence
relating to a lot to which a permit applies, other than for
damages caused by an act or omission of the United States or
an employee, agent, or contractor of the United States before
the date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be a taking by the
United States.
TITLE IX--BLACKFEET WATER RIGHTS SETTLEMENT ACT
SEC. 9001. SHORT TITLE.
This title may be cited as the ``Blackfeet Water Rights
Settlement Act''.
SEC. 9002. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Blackfeet Tribe of the Blackfeet Indian
Reservation; and
(B) the United States, for the benefit of the Tribe and
allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Tribe and the State, to the
extent that the Compact is consistent with this title;
(3) to authorize and direct the Secretary of the Interior--
(A) to execute the Compact; and
(B) to take any other action necessary to carry out the
Compact in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Compact and this title.
SEC. 9003. DEFINITIONS.
In this title:
(1) Allottee.--The term ``allottee'' means any individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Birch creek agreement.--The term ``Birch Creek
Agreement'' means--
(A) the agreement between the Tribe and the State regarding
Birch Creek water use dated January 31, 2008 (as amended on
February 13, 2009); and
(B) any amendment or exhibit (including exhibit amendments)
to that agreement that is executed in accordance with this
title.
(3) Blackfeet irrigation project.--The term ``Blackfeet
Irrigation Project'' means the irrigation project authorized
by the matter under the heading ``MONTANA'' of title
[[Page S5803]]
II of the Act of March 1, 1907 (34 Stat. 1035, chapter 2285),
and administered by the Bureau of Indian Affairs.
(4) Compact.--The term ``Compact'' means--
(A) the Blackfeet-Montana water rights compact dated April
15, 2009, as contained in section 85-20-1501 of the Montana
Code Annotated (2015); and
(B) any amendment or exhibit (including exhibit amendments)
to the Compact that is executed to make the Compact
consistent with this title.
(5) Enforceability date.--The term ``enforceability date''
means the date described in section 9020(f).
(6) Lake elwell.--The term ``Lake Elwell'' means the water
impounded on the Marias River in the State by Tiber Dam, a
feature of the Lower Marias Unit of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 891, chapter 665).
(7) Milk river basin.--The term ``Milk River Basin'' means
the North Fork, Middle Fork, South Fork, and main stem of the
Milk River and tributaries, from the headwaters to the
confluence with the Missouri River.
(8) Milk river project.--
(A) In general.--The term ``Milk River Project'' means the
Bureau of Reclamation project conditionally approved by the
Secretary on March 14, 1903, pursuant to the Act of June 17,
1902 (32 Stat. 388, chapter 1093), commencing at Lake
Sherburne Reservoir and providing water to a point
approximately 6 miles east of Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project'' includes--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(9) Milk river project water rights.--The term ``Milk River
Project water rights'' means the water rights held by the
Bureau of Reclamation on behalf of the Milk River Project, as
finally adjudicated by the Montana Water Court.
(10) Milk river water right.--The term ``Milk River water
right'' means the portion of the Tribal water rights
described in article III.F of the Compact and this title.
(11) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River
(including tributaries).
(12) MR&I system.--The term ``MR&I System'' means the
intake, treatment, pumping, storage, pipelines, appurtenant
items, and any other feature of the system, as generally
described in the document entitled ``Blackfeet Regional Water
System'', prepared by DOWL HKM, and dated June 2010, and
modified by DOWL HKM, as set out in the addendum to the
report dated March 2013.
(13) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity associated with the
day-to-day operation of a project;
(B) any activity relating to scheduled or unscheduled
maintenance of a project; and
(C) any activity relating to replacing a feature of a
project.
(14) Reservation.--The term ``Reservation'' means the
Blackfeet Indian Reservation of Montana, as--
(A) established by the Treaty of October 17, 1855 (11 Stat.
657); and
(B) modified by--
(i) the Executive Order of July 5, 1873 (relating to the
Blackfeet Reserve);
(ii) the Act of April 15, 1874 (18 Stat. 28, chapter 96);
(iii) the Executive order of August 19, 1874 (relating to
the Blackfeet Reserve);
(iv) the Executive order of April 13, 1875 (relating to the
Blackfeet Reserve);
(v) the Executive order of July 13, 1880 (relating to the
Blackfeet Reserve);
(vi) the Agreement with the Blackfeet, ratified by the Act
of May 1, 1888 (25 Stat. 113, chapter 213); and
(vii) the Agreement with the Blackfeet, ratified by the Act
of June 10, 1896 (29 Stat. 353, chapter 398).
(15) St. mary river water right.--The term ``St. Mary River
water right'' means that portion of the Tribal water rights
described in article III.G.1.a.i. of the Compact and this
title.
(16) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means the St.
Mary Storage Unit of the Milk River Project authorized by
Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit'' includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(18) State.--The term ``State'' means the State of Montana.
(19) Swiftcurrent creek bank stabilization project.--The
term ``Swiftcurrent Creek Bank Stabilization Project'' means
the project to mitigate the physical and environmental
problems associated with the St. Mary Unit from Sherburne Dam
to the St. Mary River, as described in the report entitled
``Boulder/Swiftcurrent Creek Stabilization Project, Phase II
Investigations Report'', prepared by DOWL HKM, and dated
March 2012.
(20) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Tribe described in article III
of the Compact and this title, including--
(A) the Lake Elwell allocation provided to the Tribe under
section 9009; and
(B) the instream flow water rights described in section
9019.
(21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe
of the Blackfeet Indian Reservation of Montana.
SEC. 9004. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--As modified by this title, the Compact is
authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is
authorized, ratified, and confirmed, to the extent that such
amendment is executed to make the Compact consistent with
this title.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this title, the Secretary shall execute the
Compact, including all exhibits to, or parts of, the Compact
requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title precludes the
Secretary from approving any modification to an appendix or
exhibit to the Compact that is consistent with this title, to
the extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this
title, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(C) all other applicable environmental laws and
regulations.
(2) Effect of execution.--
(A) In general.--The execution of the Compact by the
Secretary under this section shall not constitute a major
Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Compliance.--The Secretary shall carry out all Federal
compliance activities necessary to implement the Compact and
this title.
SEC. 9005. MILK RIVER WATER RIGHT.
(a) In General.--With respect to the Milk River water
right, the Tribe--
(1) may continue the historical uses and the uses in
existence on the date of enactment of this title; and
(2) except as provided in article III.F.1.d of the Compact,
shall not develop new uses until the date on which--
(A) the Tribe has entered into the agreement described in
subsection (c); or
(B) the Secretary has established the terms and conditions
described in subsection (e).
(b) Water Rights Arising Under State Law.--With respect to
any water rights arising under State law in the Milk River
Basin owned or acquired by the Tribe, the Tribe--
(1) may continue any use in existence on the date of
enactment of this title; and
(2) shall not change any use until the date on which--
(A) the Tribe has entered into the agreement described in
subsection (c); or
(B) the Secretary has established the terms and conditions
described in subsection (e).
(c) Tribal Agreement.--
(1) In general.--In consultation with the Commissioner of
Reclamation and the Director of the Bureau of Indian Affairs,
the Tribe and the Fort Belknap Indian Community shall enter
into an agreement to provide for the exercise of their
respective water rights on the respective reservations of the
Tribe and the Fort Belknap Indian Community in the Milk
River.
(2) Considerations.--The agreement entered into under
paragraph (1) shall take into consideration--
(A) the equal priority dates of the 2 Indian tribes;
(B) the water supplies of the Milk River; and
(C) historical, current, and future uses identified by each
Indian tribe.
(d) Secretarial Determination.--
(1) In general.--Not later than 120 days after the date on
which the agreement described in subsection (c) is submitted
to the Secretary, the Secretary shall review and approve or
disapprove the agreement.
(2) Approval.--The Secretary shall approve the agreement if
the Secretary finds that the agreement--
(A) equitably accommodates the interests of each Indian
tribe in the Milk River;
(B) adequately considers the factors described in
subsection (c)(2); and
(C) is otherwise in accordance with applicable law.
(3) Deadline extension.--The deadline to review the
agreement described in paragraph (1) may be extended by the
Secretary after consultation with the Tribe and the Fort
Belknap Indian Community.
(e) Secretarial Decision.--
(1) In general.--If the Tribe and the Fort Belknap Indian
Community do not, by 3 years after the Secretary certifies
under section 9020(f)(5) that the Tribal membership has
approved the Compact and this title, enter into an agreement
approved under subsection (d)(2), the Secretary, in the
Secretary's sole discretion, shall establish, after
consultation with the Tribe and the Fort Belknap Indian
Community, terms and conditions that reflect the
considerations described in subsection (c)(2) by which the
respective water rights of the Tribe and the
[[Page S5804]]
Fort Belknap Indian Community in the Milk River may be
exercised.
(2) Consideration as final agency action.--The
establishment by the Secretary of terms and conditions under
paragraph (1) shall be considered to be a final agency action
for purposes of review under chapter 7 of title 5, United
States Code.
(3) Judicial review.--An action for judicial review
pursuant to this section shall be brought by not later than
the date that is 1 year after the date of notification of the
establishment of the terms and conditions under this
subsection.
(4) Incorporation into decrees.--The agreement under
subsection (c), or the decision of the Secretary under this
subsection, shall be filed with the Montana Water Court, or
the district court with jurisdiction, for incorporation into
the final decrees of the Tribe and the Fort Belknap Indian
Community.
(5) Effective date.--The agreement under subsection (c) and
a decision of the Secretary under this subsection--
(A) shall be effective immediately; and
(B) may not be modified absent--
(i) the approval of the Secretary; and
(ii) the consent of the Tribe and the Fort Belknap Indian
Community.
(f) Use of Funds.--The Secretary shall distribute equally
the funds made available under section 9018(a)(2)(C)(ii) to
the Tribe and the Fort Belknap Indian Community to use to
reach an agreement under this section, including for
technical analyses and legal and other related efforts.
SEC. 9006. WATER DELIVERY THROUGH MILK RIVER PROJECT.
(a) In General.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner of Reclamation, shall carry out the activities
authorized under this section with respect to the St. Mary
River water right.
(b) Treatment.--Notwithstanding article IV.D.4 of the
Compact, any responsibility of the United States with respect
to the St. Mary River water right shall be limited to, and
fulfilled pursuant to--
(1) subsection (c) of this section; and
(2) subsection (b)(3) of section 9016 and subsection
(a)(1)(C) of section 9018.
(c) Water Delivery Contract.--
(1) In general.--Not later than 180 days after the
enforceability date, the Secretary shall enter into a water
delivery contract with the Tribe for the delivery of not
greater than 5,000 acre-feet per year of the St. Mary River
water right through Milk River Project facilities to the
Tribe or another entity specified by the Tribe.
(2) Terms and conditions.--The contract under paragraph (1)
shall establish the terms and conditions for the water
deliveries described in paragraph (1) in accordance with the
Compact and this title.
(3) Requirements.--The water delivery contract under
paragraph (1) shall include provisions requiring that--
(A) the contract shall be without limit as to term;
(B) the Tribe, and not the United States, shall collect,
and shall be entitled to, all consideration due to the Tribe
under any lease, contract, or agreement entered into by the
Tribe pursuant to subsection (f);
(C) the United States shall have no obligation to monitor,
administer, or account for--
(i) any funds received by the Tribe as consideration under
any lease, contract, or agreement entered into by the Tribe
pursuant to subsection (f); or
(ii) the expenditure of such funds;
(D) if water deliveries under the contract are interrupted
for an extended period of time because of damage to, or a
reduction in the capacity of, St. Mary Unit facilities, the
rights of the Tribe shall be treated in the same manner as
the rights of other contractors receiving water deliveries
through the Milk River Project with respect to the water
delivered under this section;
(E) deliveries of water under this section shall be--
(i) limited to not greater than 5,000 acre-feet of water in
any 1 year;
(ii) consistent with operations of the Milk River Project
and without additional costs to the Bureau of Reclamation,
including operation, maintenance, and replacement costs; and
(iii) without additional cost to the Milk River Project
water users; and
(F) the Tribe shall be required to pay OM&R for water
delivered under this section.
(d) Shortage Sharing or Reduction.--
(1) In general.--The 5,000 acre-feet per year of water
delivered under paragraph (3)(E)(i) of subsection (c) shall
not be subject to shortage sharing or reduction, except as
provided in paragraph (3)(D) of that subsection.
(2) No injury to milk river project water users.--
Notwithstanding article IV.D.4 of the Compact, any reduction
in the Milk River Project water supply caused by the delivery
of water under subsection (c) shall not constitute injury to
Milk River Project water users.
(e) Subsequent Contracts.--
(1) In general.--As part of the studies authorized by
section 9007(c)(1), the Secretary, acting through the
Commissioner of Reclamation, and in cooperation with the
Tribe, shall identify alternatives to provide to the Tribe
water from the St. Mary River water right in quantities
greater than the 5,000 acre-feet per year of water described
in subsection (c)(3)(E)(i).
(2) Contract for water delivery.--If the Secretary
determines under paragraph (1) that more than 5,000 acre-feet
per year of the St. Mary River water right can be delivered
to the Tribe, the Secretary shall offer to enter into 1 or
more contracts with the Tribe for the delivery of that water,
subject to the requirements of subsection (c)(3), except
subsection (c)(3)(E)(i), and this subsection.
(3) Treatment.--Any delivery of water under this subsection
shall be subject to reduction in the same manner as for Milk
River Project contract holders.
(f) Subcontracts.--
(1) In general.--The Tribe may enter into any subcontract
for the delivery of water under this section to a third
party, in accordance with section 9015(e).
(2) Compliance with other law.--All subcontracts described
in paragraph (1) shall comply with--
(A) this title;
(B) the Compact;
(C) the tribal water code; and
(D) other applicable law.
(3) No liability.--The Secretary shall not be liable to any
party, including the Tribe, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(g) Effect of Provisions.--Nothing in this section--
(1) precludes the Tribe from taking the water described in
subsection (c)(3)(E)(i), or any additional water provided
under subsection (e), from the direct flow of the St. Mary
River; or
(2) modifies the quantity of the Tribal water rights
described in article III.G.1 of the Compact.
(h) Other Rights.--Notwithstanding the requirements of
article III.G.1.d of the Compact, after satisfaction of all
water rights under State law for use of St. Mary River water,
including the Milk River Project water rights, the Tribe
shall have the right to the remaining portion of the share of
the United States in the St. Mary River under the
International Boundary Waters Treaty of 1909 (36 Stat. 2448)
for any tribally authorized use or need consistent with this
title.
SEC. 9007. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER
MANAGEMENT.
(a) Milk River Project Purposes.--The purposes of the Milk
River Project shall include--
(1) irrigation;
(2) flood control;
(3) the protection of fish and wildlife;
(4) recreation;
(5) the provision of municipal, rural, and industrial water
supply; and
(6) hydroelectric power generation.
(b) Use of Milk River Project Facilities for the Benefit of
Tribe.--The use of Milk River Project facilities to transport
water for the Tribe pursuant to subsections (c) and (e) of
section 9006, together with any use by the Tribe of that
water in accordance with this title--
(1) shall be considered to be an authorized purpose of the
Milk River Project; and
(2) shall not change the priority date of any Tribal water
rights.
(c) St. Mary River Studies.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, in cooperation with the Tribe
and the State, shall conduct--
(A) an appraisal study--
(i) to develop a plan for the management and development of
water supplies in the St. Mary River Basin and Milk River
Basin, including the St. Mary River and Milk River water
supplies for the Tribe and the Milk River water supplies for
the Fort Belknap Indian Community; and
(ii) to identify alternatives to develop additional water
of the St. Mary River for the Tribe; and
(B) a feasibility study--
(i) using the information resulting from the appraisal
study conducted under paragraph (1) and such other
information as is relevant, to evaluate the feasibility of--
(I) alternatives for the rehabilitation of the St. Mary
Diversion Dam and Canal; and
(II) increased storage in Fresno Dam and Reservoir; and
(ii) to create a cost allocation study that is based on the
authorized purposes described in subsections (a) and (b).
(2) Cooperative agreement.--On request of the Tribe, the
Secretary shall enter into a cooperative agreement with the
Tribe with respect to the portion of the appraisal study
described in paragraph (1)(A).
(3) Costs nonreimbursable.--The cost of the studies under
this subsection shall not be--
(A) considered to be a cost of the Milk River Project; or
(B) reimbursable in accordance with the reclamation laws.
(d) Swiftcurrent Creek Bank Stabilization.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner of Reclamation, shall carry out appropriate
activities concerning the Swiftcurrent Creek Bank
Stabilization Project, including--
(A) a review of the final project design; and
(B) value engineering analyses.
(2) Modification of final design.--Prior to beginning
construction activities for the Swiftcurrent Creek Bank
Stabilization Project, on the basis of the review conducted
under paragraph (1), the Secretary shall negotiate with the
Tribe appropriate changes, if any, to the final design--
(A) to ensure compliance with applicable industry
standards;
[[Page S5805]]
(B) to improve the cost-effectiveness of the Swiftcurrent
Creek Bank Stabilization Project; and
(C) to ensure that the Swiftcurrent Creek Bank
Stabilization Project may be constructed using only the
amounts made available under section 9018.
(3) Applicability of isdeaa.--At the request of the Tribe,
and in accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), the
Secretary shall enter into 1 or more agreements with the
Tribe to carry out the Swiftcurrent Bank Stabilization
Project.
(e) Administration.--The Commissioner of Reclamation and
the Tribe shall negotiate the cost of any oversight activity
carried out by the Bureau of Reclamation under any agreement
entered into under this section, subject to the condition
that the total cost for the oversight shall not exceed 4
percent of the total costs incurred under this section.
(f) Milk River Project Rights-of-Way and Easements.--
(1) In general.--Subject to paragraphs (2) and (3), the
Tribe shall grant the United States a right-of-way on
Reservation land owned by the Tribe for all uses by the Milk
River Project (permissive or otherwise) in existence as of
December 31, 2015, including all facilities, flowage
easements, and access easements necessary for the operation
and maintenance of the Milk River Project.
(2) Agreement regarding existing uses.--The Tribe and the
Secretary shall enter into an agreement for a process to
determine the location, nature, and extent of the existing
uses referenced in this subsection. The agreement shall
require that--
(A) a panel of 3 individuals determine the location,
nature, and extent of existing uses necessary for the
operation and maintenance of the Milk River Project (the
``Panel Determination''), with the Tribe appointing 1
representative of the Tribe, the Secretary appointing 1
representative of the Secretary, and those 2 representatives
jointly appointing a third individual;
(B) if the Panel Determination is unanimous, the Tribe
grant a right-of-way to the United States for the existing
uses identified in the Panel Determination in accordance with
applicable law without additional compensation;
(C) if the Panel Determination is not unanimous--
(i) the Secretary adopt the Panel Determination with any
amendments the Secretary reasonably determines necessary to
correct any clear error (the ``Interior Determination''),
provided that if any portion of the Panel Determination is
unanimous, the Secretary will not amend that portion; and
(ii) the Tribe grant a right-of-way to the United States
for the existing uses identified in the Interior
Determination in accordance with applicable law without
additional compensation, with the agreement providing for the
timing of the grant to take into consideration the
possibility of review under paragraph (5).
(3) Effect.--Determinations made under this subsection--
(A) do not address title as between the United States and
the Tribe; and
(B) do not apply to any new use of Reservation land by the
United States for the Milk River Project after December 31,
2015.
(4) Interior determination as final agency action.--Any
determination by the Secretary under paragraph (2)(C) shall
be considered to be a final agency action for purposes of
review under chapter 7 of title 5, United States Code.
(5) Judicial review.--An action for judicial review
pursuant to this section shall be brought by not later than
the date that is 1 year after the date of notification of the
Interior Determination.
(g) Funding.--The total amount of obligations incurred by
the Secretary shall not exceed--
(1) $3,800,000 to carry out subsection (c);
(2) $20,700,000 to carry out subsection (d); and
(3) $3,100,000 to carry out subsection (f).
SEC. 9008. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.
(a) Bureau of Reclamation Jurisdiction.--Effective
beginning on the date of enactment of this title, the
Commissioner of Reclamation shall have exclusive jurisdiction
to authorize the development of hydropower on the St. Mary
Unit.
(b) Rights of Tribe.--
(1) Exclusive right of tribe.--Subject to paragraph (2) and
notwithstanding any other provision of law, the Tribe shall
have the exclusive right to develop and market hydroelectric
power of the St. Mary Unit.
(2) Limitations.--The exclusive right described in
paragraph (1)--
(A) shall expire on the date that is 15 years after the
date of enactment of an Act appropriating funds for
rehabilitation of the St. Mary Unit; but
(B) may be extended by the Secretary at the request of the
Tribe.
(3) OM&R costs.--Effective beginning on the date that is 10
years after the date on which the Tribe begins marketing
hydroelectric power generated from the St. Mary Unit to any
third party, the Tribe shall make annual payments for
operation, maintenance, and replacement costs attributable to
the direct use of any facilities by the Tribe for
hydroelectric power generation, in amounts determined in
accordance with the guidelines and methods of the Bureau of
Reclamation for assessing operation, maintenance, and
replacement charges.
(c) Bureau of Reclamation Cooperation.--The Commissioner of
Reclamation shall cooperate with the Tribe in the development
of any hydroelectric power generation project under this
section.
(d) Agreement.--Before construction of a hydroelectric
power generation project under this section, the Tribe shall
enter into an agreement with the Commissioner of Reclamation
that includes provisions--
(1) requiring that--
(A) the design, construction, and operation of the project
shall be consistent with the Bureau of Reclamation guidelines
and methods for hydroelectric power development at Bureau
facilities, as appropriate; and
(B) the hydroelectric power generation project will not
impair the efficiencies of the Milk River Project for
authorized purposes;
(2) regarding construction and operating criteria and
emergency procedures; and
(3) under which any modification proposed by the Tribe to a
facility owned by the Bureau of Reclamation shall be subject
to review and approval by the Secretary, acting through the
Commissioner of Reclamation.
(e) Use of Hydroelectric Power by Tribe.--Any hydroelectric
power generated in accordance with this section shall be used
or marketed by the Tribe.
(f) Revenues.--The Tribe shall collect and retain any
revenues from the sale of hydroelectric power generated by a
project under this section.
(g) Liability of United States.--The United States shall
have no obligation to monitor, administer, or account for--
(1) any revenues received by the Tribe under this section;
or
(2) the expenditure of those revenues.
(h) Preference.--During any period for which the exclusive
right of the Tribe described in subsection (b)(1) is not in
effect, the Tribe shall have a preference to develop
hydropower on the St. Mary Unit facilities, in accordance
with Bureau of Reclamation guidelines and methods for
hydroelectric power development at Bureau facilities.
SEC. 9009. STORAGE ALLOCATION FROM LAKE ELWELL.
(a)(1) Storage Allocation to Tribe.--The Secretary shall
allocate to the Tribe 45,000 acre-feet per year of water
stored in Lake Elwell for use by the Tribe for any beneficial
purpose on or off the Reservation, under a water right held
by the United States and managed by the Bureau of
Reclamation, as measured at the outlet works of Tiber Dam or
through direct pumping from Lake Elwell.
(2) Reduction.--Up to 10,000 acre-feet per year of water
allocated to the Tribe pursuant to paragraph (1) will be
subject to an acre-foot for acre-foot reduction if depletions
from the Tribal water rights above Lake Elwell exceed 88,000
acre-feet per year of water because of New Development (as
defined in article II.37 of the Compact).
(b) Treatment.--
(1) In general.--The allocation to the Tribe under
subsection (a) shall be considered to be part of the Tribal
water rights.
(2) Priority date.--The priority date of the allocation to
the Tribe under subsection (a) shall be the priority date of
the Lake Elwell water right held by the Bureau of
Reclamation.
(3) Administration.--The Tribe shall administer the water
allocated under subsection (a) in accordance with the Compact
and this title.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving an allocation
under this section, the Tribe shall enter into an agreement
with the Secretary to establish the terms and conditions of
the allocation, in accordance with the Compact and this
title.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without limit as to term;
(B) the Tribe, and not the United States, shall be entitled
to all consideration due to the Tribe under any lease,
contract, or agreement entered into by the Tribe pursuant to
subsection (d);
(C) the United States shall have no obligation to monitor,
administer, or account for--
(i) any funds received by the Tribe as consideration under
any lease, contract, or agreement entered into by the Tribe
pursuant to subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of Lake Elwell facilities
are significantly reduced, or are anticipated to be
significantly reduced, for an extended period of time, the
Tribe shall have the same rights as other storage contractors
with respect to the allocation under this section;
(E) the costs associated with the construction of the
storage facilities at Tiber Dam allocable to the Tribe shall
be nonreimbursable;
(F) no water service capital charge shall be due or payable
for any water allocated to the Tribe pursuant to this section
or the allocation agreement, regardless of whether that water
is delivered for use by the Tribe or under a lease, contract,
or by agreement entered into by the Tribe pursuant to
subsection (d);
(G) the Tribe shall not be required to make payments to the
United States for any water allocated to the Tribe under this
title or the allocation agreement, except for each acre-foot
of stored water leased or transferred for industrial purposes
as described in subparagraph (H);
[[Page S5806]]
(H) for each acre-foot of stored water leased or
transferred by the Tribe for industrial purposes--
(i) the Tribe shall pay annually to the United States an
amount necessary to cover the proportional share of the
annual operation, maintenance, and replacement costs
allocable to the quantity of water leased or transferred by
the Tribe for industrial purposes; and
(ii) the annual payments of the Tribe shall be reviewed and
adjusted, as appropriate, to reflect the actual operation,
maintenance, and replacement costs for Tiber Dam; and
(I) the adjustment process identified in subsection (a)(2)
will be based on specific enumerated provisions.
(d) Agreements by Tribe.--The Tribe may use, lease,
contract, exchange, or enter into other agreements for use of
the water allocated to the Tribe under subsection (a), if--
(1) the use of water that is the subject of such an
agreement occurs within the Missouri River Basin; and
(2) the agreement does not permanently alienate any portion
of the water allocated to the Tribe under subsection (a).
(e) Effective Date.--The allocation under subsection (a)
takes effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection
(a) shall not be increased by any year-to-year carryover
storage.
(g) Development and Delivery Costs.--The United States
shall not be required to pay the cost of developing or
delivering any water allocated under this section.
SEC. 9010. IRRIGATION ACTIVITIES.
(a) In General.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner of Reclamation and in accordance with subsection
(c), shall carry out the following actions relating to the
Blackfeet Irrigation Project:
(1) Deferred maintenance.
(2) Dam safety improvements for Four Horns Dam.
(3) Rehabilitation and enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir.
(b) Lead Agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activities carried out
under this section.
(c) Scope of Deferred Maintenance Activities and Four Horns
Dam Safety Improvements.--
(1) In general.--Subject to the conditions described in
paragraph (2), the scope of the deferred maintenance
activities and Four Horns Dam safety improvements shall be as
generally described in--
(A) the document entitled ``Engineering Evaluation and
Condition Assessment, Blackfeet Irrigation Project'',
prepared by DOWL HKM, and dated August 2007; and
(B) the provisions relating to Four Horns Rehabilitated Dam
of the document entitled ``Four Horns Dam Enlarged Appraisal
Evaluation Design Report'', prepared by DOWL HKM, and dated
April 2007.
(2) Conditions.--The conditions referred to in paragraph
(1) are that, before commencing construction activities, the
Secretary shall--
(A) review the design of the proposed rehabilitation or
improvement;
(B) perform value engineering analyses;
(C) perform appropriate Federal environmental compliance
activities; and
(D) ensure that the deferred maintenance activities and dam
safety improvements may be constructed using only the amounts
made available under section 9018.
(d) Scope of Rehabilitation and Enhancement of Four Horns
Feeder Canal, Dam, and Reservoir.--
(1) In general.--The scope of the rehabilitation and
improvements shall be as generally described in the document
entitled ``Four Horns Feeder Canal Rehabilitation with
Export'', prepared by DOWL HKM, and dated April 2013, subject
to the condition that, before commencing construction
activities, the Secretary shall--
(A) review the design of the proposed rehabilitation or
improvement;
(B) perform value engineering analyses;
(C) perform appropriate Federal environmental compliance
activities; and
(D) ensure that the rehabilitation and improvements may be
constructed using only the amounts made available under
section 9018.
(2) Inclusions.--The activities carried out by the
Secretary under this subsection shall include--
(A) the rehabilitation or improvement of the Four Horns
feeder canal system to a capacity of not fewer than 360 cubic
feet per second;
(B) the rehabilitation or improvement of the outlet works
of Four Horns Dam and Reservoir to deliver not less than
15,000 acre-feet of water per year, in accordance with
subparagraph (C); and
(C) construction of facilities to deliver not less than
15,000 acre-feet of water per year from Four Horns Dam and
Reservoir, to a point on or near Birch Creek to be designated
by the Tribe and the State for delivery of water to the water
delivery system of the Pondera County Canal and Reservoir
Company on Birch Creek, in accordance with the Birch Creek
Agreement.
(3) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes to the final design of any
activity under this subsection to ensure that the final
design meets applicable industry standards.
(e) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section shall not exceed
$54,900,000, of which--
(1) $40,900,000 shall be allocated to carry out the
activities described in subsection (c); and
(2) $14,000,000 shall be allocated to carry out the
activities described in subsection (d)(2).
(f) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(g) Non-Federal Contribution.--No part of the project under
subsection (d) shall be commenced until the State has made
available $20,000,000 to carry out the activities described
in subsection (d)(2).
(h) Administration.--The Commissioner of Reclamation and
the Tribe shall negotiate the cost of any oversight activity
carried out by the Bureau of Reclamation under any agreement
entered into under subsection (m), subject to the condition
that the total cost for the oversight shall not exceed 4
percent of the total project costs for each project.
(i) Project Efficiencies.--If the total cost of planning,
design, and construction activities relating to the projects
described in this section results in cost savings and is less
than the amounts authorized to be obligated, the Secretary,
at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 9007(d), 9011, 9012, or 9013; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(j) Ownership by Tribe of Birch Creek Delivery
Facilities.--Notwithstanding any other provision of law, the
Secretary shall transfer to the Tribe, at no cost, title in
and to the facilities constructed under subsection (d)(2)(C).
(k) Ownership, Operation, and Maintenance.--On transfer to
the Tribe of title under subsection (j), the Tribe shall--
(1) be responsible for OM&R in accordance with the Birch
Creek Agreement; and
(2) enter into an agreement with the Bureau of Indian
Affairs regarding the operation of the facilities described
in that subsection.
(l) Liability of United States.--The United States shall
have no obligation or responsibility with respect the
facilities described in subsection (d)(2)(C).
(m) Applicability of ISDEAA.--At the request of the Tribe,
and in accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), the
Secretary shall enter into 1 or more agreements with the
Tribe to carry out this section.
(n) Effect.--Nothing in this section--
(1) alters any applicable law (including regulations) under
which the Bureau of Indian Affairs collects assessments or
carries out Blackfeet Irrigation Project OM&R; or
(2) impacts the availability of amounts made available
under subsection (a)(1)(B) of section 9018.
SEC. 9011. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.
(a) In General.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct the water diversion and delivery features of the
MR&I System in accordance with 1 or more agreements between
the Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activity to design and
construct the water diversion and delivery features of the
MR&I System.
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Regional Water System'',
prepared by DOWL HKM, dated June 2010, and modified by DOWL
HKM in the addendum to the report dated March 2013, subject
to the condition that, before commencing final design and
construction activities, the Secretary shall--
(A) review the design of the proposed rehabilitation and
construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance activities.
(2) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets applicable
industry standards;
(B) to improve the cost-effectiveness of the delivery of
MR&I System water; and
(C) to ensure that the MR&I System may be constructed using
only the amounts made available under section 9018.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(e) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section shall not exceed
$76,200,000.
(f) Non-Federal Contribution.--
(1) Consultation.--Before completion of the final design of
the MR&I System required by subsection (c), the Secretary
shall consult with the Tribe, the State, and other affected
non-Federal parties to discuss the possibility of receiving
non-Federal contributions for the cost of the MR&I System.
[[Page S5807]]
(2) Negotiations.--If, based on the extent to which non-
Federal parties are expected to use the MR&I System, a non-
Federal contribution to the MR&I System is determined by the
parties described in paragraph (1) to be appropriate, the
Secretary shall initiate negotiations for an agreement
regarding the means by which the contributions shall be
provided.
(g) Ownership by Tribe.--Title to the MR&I System and all
facilities rehabilitated or constructed under this section
shall be held by the Tribe.
(h) Administration.--The Commissioner of Reclamation and
the Tribe shall negotiate the cost of any oversight activity
carried out by the Bureau of Reclamation under any agreement
entered into under this section, subject to the condition
that the total cost for the oversight shall not exceed 4
percent of the total costs incurred under this section.
(i) OM&R Costs.--The Federal Government shall have no
obligation to pay for the operation, maintenance, or
replacement costs for any facility rehabilitated or
constructed under this section.
(j) Project Efficiencies.--If the total cost of planning,
design, and construction activities relating to the projects
described in this section results in cost savings and is less
than the amounts authorized to be obligated, the Secretary,
at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 9007(d), 9010, 9011(a), 9012, or 9013; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(k) Applicability of ISDEAA.--At the request of the Tribe,
and in accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), the
Secretary shall enter into 1 or more agreements with the
Tribe to carry out this section.
SEC. 9012. DESIGN AND CONSTRUCTION OF WATER STORAGE AND
IRRIGATION FACILITIES.
(a) In General.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct 1 or more facilities to store water and support
irrigation on the Reservation in accordance with 1 or more
agreements between the Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activity to design and
construct the irrigation development and water storage
facilities described in subsection (c).
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Water Storage, Development, and
Project Report'', prepared by DOWL HKM, and dated March 13,
2013, as modified and agreed to by the Secretary and the
Tribe, subject to the condition that, before commencing final
design and construction activities, the Secretary shall--
(A) review the design of the proposed construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance activities.
(2) Modification.--The Secretary may modify the scope of
construction for the projects described in the document
referred to in paragraph (1), if--
(A) the modified project is--
(i) similar in purpose to the proposed projects; and
(ii) consistent with the purposes of this title; and
(B) the Secretary has consulted with the Tribe regarding
any modification.
(3) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets applicable
industry standards;
(B) to improve the cost-effectiveness of any construction;
and
(C) to ensure that the projects may be constructed using
only the amounts made available under section 9018.
(d) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(e) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section shall not exceed
$87,300,000.
(f) Ownership by Tribe.--Title to all facilities
rehabilitated or constructed under this section shall be held
by the Tribe, except that title to the Birch Creek Unit of
the Blackfeet Indian Irrigation Project shall remain with the
Bureau of Indian Affairs.
(g) Administration.--The Commissioner of Reclamation and
the Tribe shall negotiate the cost of any oversight activity
carried out by the Bureau of Reclamation under any agreement
entered into under this section, subject to the condition
that the total cost for the oversight shall not exceed 4
percent of the total costs incurred under this section.
(h) OM&R Costs.--The Federal Government shall have no
obligation to pay for the operation, maintenance, or
replacement costs for the facilities rehabilitated or
constructed under this section.
(i) Project Efficiencies.--If the total cost of planning,
design, and construction activities relating to the projects
described in this section results in cost savings and is less
than the amounts authorized to be obligated, the Secretary,
at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 9007(d), 9010, 9011, or 9013; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(j) Applicability of ISDEAA.--At the request of the Tribe,
and in accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), the
Secretary shall enter into 1 or more agreements with the
Tribe to carry out this section.
SEC. 9013. BLACKFEET WATER, STORAGE, AND DEVELOPMENT
PROJECTS.
(a) In General.--
(1) Scope.--The scope of the construction under this
section shall be as generally described in the document
entitled ``Blackfeet Water Storage, Development, and Project
Report'', prepared by DOWL HKM, and dated March 13, 2013, as
modified and agreed to by the Secretary and the Tribe.
(2) Modification.--The Tribe may modify the scope of the
projects described in the document referred to in paragraph
(1) if--
(A) the modified project is--
(i) similar to the proposed project; and
(ii) consistent with the purposes of this title; and
(B) the modification is approved by the Secretary.
(b) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(c) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section shall not exceed
$91,000,000.
(d) OM&R Costs.--The Federal Government shall have no
obligation to pay for the operation, maintenance, or
replacement costs for the facilities rehabilitated or
constructed under this section.
(e) Ownership by Tribe.--Title to any facility constructed
under this section shall be held by the Tribe.
SEC. 9014. EASEMENTS AND RIGHTS-OF-WAY.
(a) Tribal Easements and Rights-of-Way.--
(1) In general.--On request of the Secretary, the Tribe
shall grant, at no cost to the United States, such easements
and rights-of-way over tribal land as are necessary for the
construction of the projects authorized by sections 9010 and
9011.
(2) Jurisdiction.--An easement or right-of-way granted by
the Tribe pursuant to paragraph (1) shall not affect in any
respect the civil or criminal jurisdiction of the Tribe over
the easement or right-of-way.
(b) Landowner Easements and Rights-of-Way.--In partial
consideration for the construction activities authorized by
section 9011, and as a condition of receiving service from
the MR&I System, a landowner shall grant, at no cost to the
United States or the Tribe, such easements and rights-of-way
over the land of the landowner as may be necessary for the
construction of the MR&I System.
(c) Land Acquired by United States or Tribe.--Any land
acquired within the boundaries of the Reservation by the
United States on behalf of the Tribe, or by the Tribe on
behalf of the Tribe, in connection with achieving the
purposes of this title shall be held in trust by the United
States for the benefit of the Tribe.
SEC. 9015. TRIBAL WATER RIGHTS.
(a) Confirmation of Tribal Water Rights.--
(1) In general.--The Tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal water rights shall be
subject to the terms and conditions of the Compact and this
title.
(3) Conflict.--In the event of a conflict between the
Compact and this title, the provisions of this title shall
control.
(b) Intent of Congress.--It is the intent of Congress to
provide to each allottee benefits that are equivalent to, or
exceed, the benefits the allottees possess on the day before
the date of enactment of this title, taking into
consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and
this title;
(2) the availability of funding under this title and from
other sources;
(3) the availability of water from the Tribal water rights;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381), and this title to protect the
interests of allottees.
(c) Trust Status of Tribal Water Rights.--The Tribal water
rights--
(1) shall be held in trust by the United States for the use
and benefit of the Tribe and the allottees in accordance with
this title; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any claim
against the United States
[[Page S5808]]
under section 7 of the Act of February 8, 1887 (25 U.S.C.
381), or any other applicable law, an allottee shall exhaust
remedies available under the tribal water code or other
applicable tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the tribal water code or other
applicable tribal law, an allottee may seek relief under
section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or
other applicable law.
(5) Authority of secretary.--The Secretary shall have the
authority to protect the rights of allottees in accordance
with this section.
(e) Authority of Tribe.--
(1) In general.--The Tribe shall have the authority to
allocate, distribute, and lease the Tribal water rights for
any use on the Reservation in accordance with the Compact,
this title, and applicable Federal law.
(2) Off-reservation use.--The Tribe may allocate,
distribute, and lease the Tribal water rights for off-
Reservation use in accordance with the Compact, subject to
the approval of the Secretary.
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the
tribal water code.
(f) Tribal Water Code.--
(1) In general.--Notwithstanding article IV.C.1 of the
Compact, not later than 4 years after the date on which the
Tribe ratifies the Compact in accordance with this title, the
Tribe shall enact a tribal water code that provides for--
(A) the management, regulation, and governance of all uses
of the Tribal water rights in accordance with the Compact and
this title; and
(B) establishment by the Tribe of conditions, permit
requirements, and other requirements for the allocation,
distribution, or use of the Tribal water rights in accordance
with the Compact and this title.
(2) Inclusions.--Subject to the approval of the Secretary,
the tribal water code shall provide--
(A) that use of water by allottees shall be satisfied with
water from the Tribal water rights;
(B) a process by which an allottee may request that the
Tribe provide water for irrigation use in accordance with
this title, including the provision of water under any
allottee lease under section 4 of the Act of June 25, 1910
(25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Tribe of any request by an allottee (or
a successor in interest to an allottee) for an allocation of
water for irrigation purposes on allotted land, including a
process for--
(i) appeal and adjudication of any denied or disputed
distribution of water; and
(ii) resolution of any contested administrative decision;
and
(D) a requirement that any allottee asserting a claim
relating to the enforcement of rights of the allottee under
the tribal water code, or to the quantity of water allocated
to land of the allottee, shall exhaust all remedies available
to the allottee under tribal law before initiating an action
against the United States or petitioning the Secretary
pursuant to subsection (d)(4)(B).
(3) Action by secretary.--
(A) In general.--During the period beginning on the date of
enactment of this title and ending on the date on which a
tribal water code described in paragraphs (1) and (2) is
enacted, the Secretary shall administer, with respect to the
rights of allottees, the Tribal water rights in accordance
with this title.
(B) Approval.--The tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the tribal water code required by
paragraph (2) are approved by the Secretary; and
(ii) each amendment to the tribal water code that affects a
right of an allottee is approved by the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall approve or disapprove
the tribal water code or an amendment to the tribal water
code not later than 180 days after the date on which the
tribal water code or amendment is submitted to the Secretary.
(ii) Extension.--The deadline described in clause (i) may
be extended by the Secretary after consultation with the
Tribe.
(g) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal water rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action by treaty or
convention imposed by section 2116 of the Revised Statutes
(25 U.S.C. 177).
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by a lessee or contractor
shall not result in the forfeiture, abandonment,
relinquishment, or other loss of all or any portion of the
Tribal water rights.
(h) Effect.--Except as otherwise expressly provided in this
section, nothing in this title--
(1) authorizes any action by an allottee against any
individual or entity, or against the Tribe, under Federal,
State, tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
SEC. 9016. BLACKFEET SETTLEMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of
the United States a trust fund, to be known as the
``Blackfeet Settlement Trust Fund'' (referred to in this
section as the ``Trust Fund''), to be managed, invested, and
distributed by the Secretary and to remain available until
expended.
(b) Accounts.--The Secretary shall establish in the Trust
Fund the following accounts:
(1) The Administration and Energy Account.
(2) The OM&R Account.
(3) The St. Mary Account.
(4) The Blackfeet Water, Storage, and Development Projects
Account.
(c) Deposits.--The Secretary shall deposit in the Trust
Fund--
(1) in the Administration and Energy Account, the amount
made available pursuant to section 9018(a)(1)(A);
(2) in the OM&R Account, the amount made available pursuant
to section 9018(a)(1)(B);
(3) in the St. Mary Account, the amount made available
pursuant to section 9018(a)(1)(C); and
(4) in the Blackfeet Water, Storage, and Development
Projects Account, the amount made available pursuant to
section 9018(a)(1)(D).
(d) Interest.--In addition to the deposits under subsection
(c), any interest credited to amounts unexpended in the Trust
Fund are authorized to be appropriated to be used in
accordance with the uses described in subsection (i).
(e) Management.--The Secretary shall manage, invest, and
distribute all amounts in the Trust Fund in a manner that is
consistent with the investment authority of the Secretary
under--
(1) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(2) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(3) this section.
(f) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, shall be
made available to the Tribe by the Secretary beginning on the
enforceability date.
(2) Funding for tribal implementation activities.--
Notwithstanding paragraph (1), on approval pursuant to this
title and the Compact by a referendum vote of a majority of
votes cast by members of the Tribe on the day of the vote, as
certified by the Secretary and the Tribe and subject to the
availability of appropriations, of the amounts in the
Administration and Energy Account, $4,800,000 shall be made
available to the Tribe for the implementation of this title.
(g) Withdrawals Under AIFRMRA.--
(1) In general.--The Tribe may withdraw any portion of the
funds in the Trust Fund on approval by the Secretary of a
tribal management plan submitted by the Tribe in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(2) Requirements.--
(A) In general.--In addition to the requirements under the
American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.), the tribal management plan under
paragraph (1) shall require that the Tribe shall spend all
amounts withdrawn from the Trust Fund in accordance with this
title.
(B) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the tribal management plan to ensure
that amounts withdrawn by the Tribe from the Trust Fund under
this subsection are used in accordance with this title.
(h) Withdrawals Under Expenditure Plan.--
(1) In general.--The Tribe may submit to the Secretary a
request to withdraw funds from the Trust Fund pursuant to an
approved expenditure plan.
(2) Requirements.--To be eligible to withdraw funds under
an expenditure plan under paragraph (1), the Tribe shall
submit to the Secretary for approval an expenditure plan for
any portion of the Trust Fund that the Tribe elects to
withdraw pursuant to this subsection, subject to the
condition that the funds shall be used for the purposes
described in this title.
(3) Inclusions.--An expenditure plan under this subsection
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Trust
Fund will be used by the Tribe, in accordance with subsection
(h).
(4) Approval.--On receipt of an expenditure plan under this
subsection, the Secretary shall approve the plan, if the
Secretary determines that the plan--
(A) is reasonable; and
(B) is consistent with, and will be used for, the purposes
of this title.
(5) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this subsection are used in
accordance with this title.
[[Page S5809]]
(i) Uses.--Amounts from the Trust Fund shall be used by the
Tribe for the following purposes:
(1) The Administration and Energy Account shall be used for
administration of the Tribal water rights and energy
development projects under this title and the Compact.
(2) The OM&R Account shall be used to assist the Tribe in
paying OM&R costs.
(3) The St. Mary Account shall be distributed pursuant to
an expenditure plan approved under subsection (g), subject to
the conditions that--
(A) during the period for which the amount is available and
held by the Secretary, $500,000 shall be distributed to the
Tribe annually as compensation for the deferral of the St.
Mary water right; and
(B) any additional amounts deposited in the account may be
withdrawn and used by the Tribe to pay OM&R costs or other
expenses for 1 or more projects to benefit the Tribe, as
approved by the Secretary, subject to the requirement that
the Secretary shall not approve an expenditure plan under
this paragraph unless the Tribe provides a resolution of the
tribal council--
(i) approving the withdrawal of the funds from the account;
and
(ii) acknowledging that the Secretary will not be able to
distribute funds under subparagraph (A) indefinitely if the
principal funds in the account are reduced.
(4) The Blackfeet Water, Storage, and Development Projects
Account shall be used to carry out section 9013.
(j) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by
the Tribe under subsection (f) or (g).
(k) No Per Capita Distributions.--No portion of the Trust
Fund shall be distributed on a per capita basis to any member
of the Tribe.
(l) Deposit of Funds.--On request by the Tribe, the
Secretary may deposit amounts from an account described in
paragraph (1), (2), or (4) of subsection (b) to any other
account the Secretary determines to be appropriate.
SEC. 9017. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of
the United States a nontrust, interest-bearing account, to be
known as the ``Blackfeet Water Settlement Implementation
Fund'' (referred to in this section as the ``Implementation
Fund''), to be managed and distributed by the Secretary, for
use by the Secretary for carrying out this title.
(b) Accounts.--The Secretary shall establish in the
Implementation Fund the following accounts:
(1) The MR&I System, Irrigation, and Water Storage Account.
(2) The Blackfeet Irrigation Project Deferred Maintenance
and Four Horns Dam Safety Improvements Account.
(3) The St. Mary/Milk Water Management and Activities Fund.
(c) Deposits.--The Secretary shall deposit in the
Implementation Fund--
(1) in the MR&I System, Irrigation, and Water Storage
Account, the amount made available pursuant to section
9018(a)(2)(A);
(2) in the Blackfeet Irrigation Project Deferred
Maintenance and Four Horns Dam Safety Improvements Account,
the amount made available pursuant to section 9018(a)(2)(B);
and
(3) in the St. Mary/Milk Water Management and Activities
Fund, the amount made available pursuant to section
9018(a)(2)(C).
(d) Interest.--In addition to the deposits under subsection
(c), any interest credited to amounts unexpended in the
Implementation Fund are authorized to be appropriated to be
used in accordance with the uses described in subsection (e).
(e) Uses.--
(1) MR&I system, irrigation, and water storage account.--
The MR&I System, Irrigation, and Water Storage Account shall
be used to carry out sections 9011 and 9012.
(2) Blackfeet irrigation project deferred maintenance and
four horns dam safety improvements account.--The Blackfeet
Irrigation Project Deferred Maintenance and Four Horns Dam
Safety Improvements Account shall be used to carry out
section 9010.
(3) St. mary/milk water management and activities
account.--The St. Mary/Milk Water Management and Activities
Account shall be used to carry out sections 9005 and 9007.
(f) Management.--Amounts in the Implementation Fund shall
not be available to the Secretary for expenditure until the
enforceability date.
SEC. 9018. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to the Secretary--
(1) as adjusted on appropriation to reflect changes since
April 2010 in the Consumer Price Index for All Urban
Consumers West Urban 50,000 to 1,500,000 index for the amount
appropriated--
(A) for deposit in the Administration and Energy Account of
the Blackfeet Settlement Trust Fund established under section
9016(b)(1), $28,900,000;
(B) for deposit in the OM&R Account of the Blackfeet
Settlement Trust Fund established under section 9016(b)(2),
$27,760,000;
(C) for deposit in the St. Mary Account of the Blackfeet
Settlement Trust Fund established under section 9016(b)(3),
$27,800,000;
(D) for deposit in the Blackfeet Water, Storage, and
Development Projects Account of the Blackfeet Settlement
Trust Fund established under section 9016(b)(4), $91,000,000;
and
(E) such sums not to exceed the amount of interest credited
to the unexpended amounts of the Blackfeet Settlement Trust
Fund; and
(2) as adjusted annually to reflect changes since April
2010 in the Bureau of Reclamation Construction Cost Trends
Index applicable to the types of construction involved--
(A) for deposit in the MR&I System, Irrigation, and Water
Storage Account of the Blackfeet Water Settlement
Implementation Fund established under section 9017(b)(1),
$163,500,000;
(B) for deposit in the Blackfeet Irrigation Project
Deferred Maintenance, Four Horns Dam Safety, and
Rehabilitation and Enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir Improvements Account of the
Blackfeet Water Settlement Implementation Fund established
under section 9017(b)(2), $54,900,000, of which--
(i) $40,900,000 shall be made available for activities and
projects under section 9010(c); and
(ii) $14,000,000 shall be made available for activities and
projects under section 9010(d)(2);
(C) for deposit in the St. Mary/Milk Water Management and
Activities Account of the Blackfeet Water Settlement
Implementation Fund established under section 9017(b)(3),
$28,100,000, of which--
(i) $27,600,000 shall be allocated in accordance with
section 9007(g); and
(ii) $500,000 shall be used to carry out section 9005; and
(D) such sums not to exceed the amount of interest credited
to the unexpended amounts of the Blackfeet Water Settlement
Implementation Fund.
(b) Adjustments.--
(1) In general.--The adjustment of the amounts authorized
to be appropriated pursuant to subsection (a)(1) shall occur
each time an amount is appropriated for an account and shall
add to, or subtract from, as applicable, the total amount
authorized.
(2) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has
been appropriated.
(3) Treatment.--The amount of an adjustment may be
considered--
(A) to be authorized as of the date on which congressional
action occurs; and
(B) in determining the amount authorized to be
appropriated.
SEC. 9019. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST
AND GLACIER NATIONAL PARK.
The instream flow water rights of the Tribe on land within
the Lewis and Clark National Forest and Glacier National
Park--
(1) are confirmed; and
(2) shall be as described in the document entitled
``Stipulation to Address Claims by and for the Benefit of the
Blackfeet Indian Tribe to Water Rights in the Lewis & Clark
National Forest and Glacier National Park'', and as finally
decreed by the Montana Water Court, or, if the Montana Water
Court is found to lack jurisdiction, by the United States
district court with jurisdiction.
SEC. 9020. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by tribe and united states
as trustee for tribe.--Subject to the reservation of rights
and retention of claims under subsection (d), as
consideration for recognition of the Tribal water rights and
other benefits as described in the Compact and this title,
the Tribe, acting on behalf of the Tribe and members of the
Tribe (but not any member of the Tribe as an allottee), and
the United States, acting as trustee for the Tribe and the
members of the Tribe (but not any member of the Tribe as an
allottee), shall execute a waiver and release of all claims
for water rights within the State that the Tribe, or the
United States acting as trustee for the Tribe, asserted or
could have asserted in any proceeding, including a State
stream adjudication, on or before the enforceability date,
except to the extent that such rights are recognized in the
Compact and this title.
(2) Waiver and release of claims by united states as
trustee for allottees.--Subject to the reservation of rights
and the retention of claims under subsection (d), as
consideration for recognition of the Tribal water rights and
other benefits as described in the Compact and this title,
the United States, acting as trustee for allottees, shall
execute a waiver and release of all claims for water rights
within the Reservation that the United States, acting as
trustee for the allottees, asserted or could have asserted in
any proceeding, including a State stream adjudication, on or
before the enforceability date, except to the extent that
such rights are recognized in the Compact and this title.
(3) Waiver and release of claims by tribe against united
states.--Subject to the reservation of rights and retention
of claims under subsection (d), the Tribe, acting on behalf
of the Tribe and members of the Tribe (but not any member of
the Tribe as an allottee), shall execute a waiver and release
of all claims against the United States (including any agency
or employee of the United States)--
(A) relating to--
(i) water rights within the State that the United States,
acting as trustee for the Tribe, asserted or could have
asserted in any
[[Page S5810]]
proceeding, including a stream adjudication in the State,
except to the extent that such rights are recognized as
Tribal water rights under this title;
(ii) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion, or
taking of water, or claims relating to failure to protect,
acquire, replace, or develop water, water rights, or water
infrastructure) within the State that first accrued at any
time on or before the enforceability date;
(iii) a failure to establish or provide a municipal rural
or industrial water delivery system on the Reservation;
(iv) a failure to provide for operation or maintenance, or
deferred maintenance, for the Blackfeet Irrigation Project or
any other irrigation system or irrigation project on the
Reservation;
(v) the litigation of claims relating to the water rights
of the Tribe in the State; and
(vi) the negotiation, execution, or adoption of the Compact
(including exhibits) or this title;
(B) reserved in subsections (b) through (d) of section 6 of
the settlement for the case styled Blackfeet Tribe v. United
States, No. 02-127L (Fed. Cl. 2012); and
(C) that first accrued at any time on or before the
enforceability date--
(i) arising from the taking or acquisition of the land of
the Tribe or resources for the construction of the features
of the St. Mary Unit of the Milk River Project;
(ii) relating to the construction, operation, and
maintenance of the St. Mary Unit of the Milk River Project,
including Sherburne Dam, St. Mary Diversion Dam, St. Mary
Canal and associated infrastructure, and the management of
flows in Swiftcurrent Creek, including the diversion of
Swiftcurrent Creek into Lower St. Mary Lake;
(iii) relating to the construction, operation, and
management of Lower Two Medicine Dam and Reservoir and Four
Horns Dam and Reservoir, including any claim relating to the
failure to provide dam safety improvements for Four Horns
Reservoir; or
(iv) relating to the allocation of waters of the Milk River
and St. Mary River (including tributaries) between the United
States and Canada pursuant to the International Boundary
Waters Treaty of 1909 (36 Stat. 2448).
(b) Effectiveness.--The waivers and releases under
subsection (a) shall take effect on the enforceability date.
(c) Withdrawal of Objections.--The Tribe shall withdraw all
objections to the water rights claims filed by the United
States for the benefit of the Milk River Project, except
objections to those claims consolidated for adjudication
within Basin 40J, within 14 days of the certification under
subsection (f)(5) that the Tribal membership has approved the
Compact and this title.
(1) Prior to withdrawal of the objections, the Tribe may
seek leave of the Montana Water Court for a right to
reinstate the objections in the event the conditions of
enforceability in paragraphs (1) through (8) of subsection
(f) are not satisfied by the date of expiration described in
section 9023 of this title.
(2) If the conditions of enforceability in paragraphs (1)
through (8) of subsection (f) are satisfied, and any
authority the Montana Water Court may have granted the Tribe
to reinstate objections described in this section has not yet
expired, the Tribe shall notify the Montana Water Court and
the United States in writing that it will not exercise any
such authority.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsection
(a), the Tribe, acting on behalf of the Tribe and members of
the Tribe, and the United States, acting as trustee for the
Tribe and allottees, shall retain--
(1) all claims relating to--
(A) enforcement of, or claims accruing after the
enforceability date relating to water rights recognized
under, the Compact, any final decree, or this title;
(B) activities affecting the quality of water, including
any claim under--
(i) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
damages to natural resources;
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) (commonly referred to as the ``Clean Water
Act''); and
(iv) any regulations implementing the Acts described in
clauses (i) through (iii); or
(C) damage, loss, or injury to land or natural resources
that are not due to loss of water or water rights (including
hunting, fishing, gathering, or cultural rights);
(2) all rights to use and protect water rights acquired
after the date of enactment of this title; and
(3) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
title or the Compact.
(e) Effect of Compact and Act.--Nothing in the Compact or
this title--
(1) affects the ability of the United States, acting as a
sovereign, to take any action authorized by law (including
any law relating to health, safety, or the environment),
including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'');
and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(2) affects the ability of the United States to act as
trustee for any other Indian tribe or allottee of any other
Indian tribe;
(3) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party pursuant to a Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of a Federal agency action;
(4) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe;
(5) revives any claim waived by the Tribe in the case
styled Blackfeet Tribe v. United States, No. 02-127L (Fed.
Cl. 2012); or
(6) revives any claim released by an allottee or a tribal
member in the settlement for the case styled Cobell v.
Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
(f) Enforceability Date.--The enforceability date shall be
the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1)(A) the Montana Water Court has approved the Compact,
and that decision has become final and nonappealable; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate United States district court
has approved the Compact, and that decision has become final
and nonappealable;
(2) all amounts authorized under section 9018(a) have been
appropriated;
(3) the agreements required by sections 9006(c), 9007(f),
and 9009(c) have been executed;
(4) the State has appropriated and paid into an interest-
bearing escrow account any payments due as of the date of
enactment of this title to the Tribe under the Compact, the
Birch Creek Agreement, and this title;
(5) the members of the Tribe have voted to approve this
title and the Compact by a majority of votes cast on the day
of the vote, as certified by the Secretary and the Tribe;
(6) the Secretary has fulfilled the requirements of section
9009(a);
(7) the agreement or terms and conditions referred to in
section 9005 are executed and final; and
(8) the waivers and releases described in subsection (a)
have been executed by the Tribe and the Secretary.
(g) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled during the period beginning on
the date of enactment of this title and ending on the date on
which the amounts made available to carry out this title are
transferred to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this title.
(h) Expiration.--If all appropriations authorized by this
title have not been made available to the Secretary by
January 21, 2026, the waivers and releases described in this
section shall--
(1) expire; and
(2) have no further force or effect.
(i) Voiding of Waivers.--If the waivers and releases
described in this section are void under subsection (h)--
(1) the approval of the United States of the Compact under
section 9004 shall no longer be effective;
(2) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
title, together with any interest earned on those funds, and
any water rights or contracts to use water and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized under this title shall be returned to the Federal
Government, unless otherwise agreed to by the Tribe and the
United States and approved by Congress; and
(3) except for Federal funds used to acquire or develop
property that is returned to the Federal Government under
paragraph (2), the United States shall be entitled to offset
any Federal funds appropriated or made available to carry out
the activities authorized under this title that were expended
or withdrawn, together with any interest accrued, against any
claims against the United States relating to water rights in
the State asserted by the Tribe or any user of the Tribal
water rights or in any future settlement of the water rights
of the Tribe or an allottee.
SEC. 9021. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribe
under this title shall be in complete replacement of,
complete substitution for, and full satisfaction of all--
(1) claims of the Tribe against the United States waived
and released pursuant to section 9020(a); and
(2) objections withdrawn pursuant to section 9020(c).
(b) Allottee Claims.--The benefits realized by the
allottees under this title shall be in complete replacement
of, complete substitution for, and full satisfaction of--
[[Page S5811]]
(1) all claims waived and released pursuant to section
9020(a)(2); and
(2) any claim of an allottee against the United States
similar in nature to a claim described in section 9020(a)(2)
that the allottee asserted or could have asserted.
SEC. 9022. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity.--Except as provided in
subsections (a) through (c) of section 208 of the Department
of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing
in this title waives the sovereign immunity of the United
States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
title quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
tribe, band, or community other than the Tribe.
(c) Limitation on Claims for Reimbursement.--With respect
to any Indian-owned land located within the Reservation--
(1) the United States shall not submit against that land
any claim for reimbursement of the cost to the United States
of carrying out this title or the Compact; and
(2) no assessment of that land shall be made regarding that
cost.
(d) Limitation on Liability of United States.--
(1) In general.--The United States has no obligation--
(A) to monitor, administer, or account for, in any manner,
any funds provided to the Tribe by the State; or
(B) to review or approve any expenditure of those funds.
(2) Indemnity.--The Tribe shall indemnify the United
States, and hold the United States harmless, with respect to
all claims (including claims for takings or breach of trust)
arising from the receipt or expenditure of amounts described
in the subsection.
(e) Effect on Current Law.--Nothing in this section affects
any provision of law (including regulations) in effect on the
day before the date of enactment of this title with respect
to preenforcement review of any Federal environmental
enforcement action.
(f) Effect on Reclamation Laws.--The activities carried out
by the Commissioner of Reclamation under this title shall not
establish a precedent or impact the authority provided under
any other provision of the reclamation laws, including--
(1) the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(g) Irrigation Efficiency in Upper Birch Creek Drainage.--
Any activity carried out by the Tribe in the Upper Birch
Creek Drainage (as defined in article II.50 of the Compact)
using funds made available to carry out this title shall
achieve an irrigation efficiency of not less than 50 percent.
(h) Birch Creek Agreement Approval.--The Birch Creek
Agreement is approved to the extent that the Birch Creek
Agreement requires approval under section 2116 of the Revised
Statutes (25 U.S.C. 177).
(i) Limitation on Effect.--Nothing in this title or the
Compact--
(1) makes an allocation or apportionment of water between
or among States; or
(2) addresses or implies whether, how, or to what extent
the Tribal water rights, or any portion of the Tribal water
rights, should be accounted for as part of, or otherwise
charged against, an allocation or apportionment of water made
to a State in an interstate allocation or apportionment.
SEC. 9023. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.
If the Secretary fails to publish a statement of findings
under section 9020(f) by not later than January 21, 2025, or
such alternative later date as is agreed to by the Tribe and
the Secretary, after reasonable notice to the State, as
applicable--
(1) this title expires effective on the later of--
(A) January 22, 2025; and
(B) the day after such alternative later date as is agreed
to by the Tribe and the Secretary;
(2) any action taken by the Secretary and any contract or
agreement entered into pursuant to this title shall be void;
(3) any amounts made available under section 9018, together
with any interest on those amounts, that remain unexpended
shall immediately revert to the general fund of the Treasury,
except for any funds made available under section 9016(e)(2)
if the Montana Water Court denies the Tribe's request to
reinstate the objections in section 9020(c); and
(4) the United States shall be entitled to offset against
any claims asserted by the Tribe against the United States
relating to water rights--
(A) any funds expended or withdrawn from the amounts made
available pursuant to this title; and
(B) any funds made available to carry out the activities
authorized by this title from other authorized sources,
except for any funds provided under section 9016(e)(2) if the
Montana Water court denies the Tribe's request to reinstate
the objections in section 9020(c).
SEC. 9024. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this title
(including any obligation or activity under the Compact) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this title; or
(2) there are not enough monies available to carry out the
purposes of this title in the Reclamation Water Settlements
Fund established under section 10501(a) of the Omnibus Public
Land Management Act of 2009 (43 U.S.C. 407(a)).
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