114 S2732 IS: To amend the Federal Water Pollution Control Act to exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of dredged or fill material, and for other purposes. U.S. Senate 2016-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 2732IN THE SENATE OF THE UNITED STATESMarch 17, 2016Mr. Sullivan (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Federal Water Pollution Control Act to exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of dredged or fill material, and for other purposes.

1.

Exemption from compensatory mitigation requirements

(a)

In general

Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following: (u)

Indian tribes

(1)

Definitions

In this subsection: (A)

Indian land

The term Indian land means land owned by, operated by, or otherwise belonging to an Indian tribe. (B)

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. 450b). (C)

Permitted activity

The term permitted activity means a discharge of dredged or fill material for which a permit is issued under this section. (2)

Exemption from compensatory mitigation requirements

Notwithstanding any other provision of law, an Indian tribe that applies for a permit for a permitted activity to be conducted on Indian land shall not be required to provide any form of compensatory mitigation as a condition of the permit. (3)

Evaluation of Indian tribe permit application

In evaluating a permit application submitted by an Indian tribe to carry out a permitted activity on Indian land, the Secretary may not take into account the nonavailability of compensatory mitigation under the exemption provided by paragraph (2). (4)

Situations in which an Indian tribe ceases to maintain permitted activity

If an Indian tribe described in paragraph (2) ceases to maintain the permitted activity on Indian land or seeks to abandon the permitted activity without a good faith transfer, the Indian tribe shall obtain a permit modification from the Secretary, which may require restoration and rehabilitation of the area. (5)

Effect

The exemption described in paragraph (2) shall not affect the applicability of any other requirement under this Act to an Indian tribe or Indian land, including any requirement to avoid and minimize adverse impacts to wetlands, streams, and other aquatic resources. . (b)

Applicability

The amendment made by subsection (a) shall apply to permits issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.