[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2848 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                S. 2848

_______________________________________________________________________

                                 AN ACT


 
 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.

    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.
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.
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 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--
            (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
                            (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''.
    (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 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;
                    (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--
            (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.
            ``(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 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 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 
        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
                                    (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.--
                            (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 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 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;
            (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.
                            (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. 
3232'50.86'' N., by long. 9346'16.82'' 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 
                        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 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.--

 
------------------------------------------------------------------------
                                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
------------------------------------------------------------------------
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
------------------------------------------------------------------------

            (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 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 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, 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 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 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 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.
                    ``(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.--
                    ``(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).
            (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:
            (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''.

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
                            (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 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.).
            (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:
            ``(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;
            ``(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.
    ``(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 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 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 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 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.
            ``(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 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--
                            ``(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 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 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;
                    (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.--
                            (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.
            ``(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 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.).
                            (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 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 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 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.
    (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 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 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;
                    (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);
                    (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.
            (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 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.
    (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 
                        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--
            (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)).

            Passed the Senate September 15, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 2848

_______________________________________________________________________

                                 AN ACT

 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.