[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 612 Enrolled Bill (ENR)]
S.612
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, 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
Infrastructure Improvements for the Nation Act'' or the ``WIIN Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--WATER RESOURCES DEVELOPMENT
Sec. 1001. Short title.
Sec. 1002. Secretary defined.
Subtitle A--General Provisions
Sec. 1101. Youth service and conservation corps organizations.
Sec. 1102. Navigation safety.
Sec. 1103. Emerging harbors.
Sec. 1104. Federal breakwaters and jetties.
Sec. 1105. Remote and subsistence harbors.
Sec. 1106. Alternative projects to maintenance dredging.
Sec. 1107. Great Lakes Navigation System.
Sec. 1108. Funding for harbor maintenance programs.
Sec. 1109. Maintenance of harbors of refuge.
Sec. 1110. Donor ports and energy transfer ports.
Sec. 1111. Harbor deepening.
Sec. 1112. Implementation guidance.
Sec. 1113. Non-Federal interest dredging authority.
Sec. 1114. Transportation cost savings.
Sec. 1115. Reservoir sediment.
Sec. 1116. Water supply conservation.
Sec. 1117. Drought emergencies.
Sec. 1118. Leveraging Federal infrastructure for increased water supply.
Sec. 1119. Indian tribes.
Sec. 1120. Tribal consultation reports.
Sec. 1121. Tribal partnership program.
Sec. 1122. Beneficial use of dredged material.
Sec. 1123. Great Lakes fishery and ecosystem restoration.
Sec. 1124. Corps of Engineers operation of unmanned aircraft systems.
Sec. 1125. Funding to process permits.
Sec. 1126. Study of water resources development projects by non-Federal
interests.
Sec. 1127. Non-Federal construction of authorized flood damage reduction
projects.
Sec. 1128. Multistate activities.
Sec. 1129. Planning assistance to States.
Sec. 1130. Regional participation assurance for levee safety activities.
Sec. 1131. Participation of non-Federal interests.
Sec. 1132. Post-authorization change reports.
Sec. 1133. Maintenance dredging data.
Sec. 1134. Electronic submission and tracking of permit applications.
Sec. 1135. Data transparency.
Sec. 1136. Quality control.
Sec. 1137. Report on purchase of foreign manufactured articles.
Sec. 1138. International outreach program.
Sec. 1139. Dam safety repair projects.
Sec. 1140. Federal cost limitation for certain projects.
Sec. 1141. Lake Kemp, Texas.
Sec. 1142. Corrosion prevention.
Sec. 1143. Sediment sources.
Sec. 1144. Prioritization of certain projects.
Sec. 1145. Gulf Coast oyster bed recovery assessment.
Sec. 1146. Initiating work on separable elements.
Sec. 1147. Lower Bois d'Arc Creek Reservoir Project, Fannin County,
Texas.
Sec. 1148. Recreational access at Corps of Engineers reservoirs.
Sec. 1149. No wake zones in navigation channels.
Sec. 1150. Ice jam prevention and mitigation.
Sec. 1151. Structural health monitoring.
Sec. 1152. Kennewick Man.
Sec. 1153. Authority to accept and use materials and services.
Sec. 1154. Munitions disposal.
Sec. 1155. Management of recreation facilities.
Sec. 1156. Structures and facilities constructed by Secretary.
Sec. 1157. Project completion.
Sec. 1158. New England District headquarters.
Sec. 1159. Buffalo District headquarters.
Sec. 1160. Future facility investment.
Sec. 1161. Completion of ecosystem restoration projects.
Sec. 1162. Fish and wildlife mitigation.
Sec. 1163. Wetlands mitigation.
Sec. 1164. Debris removal.
Sec. 1165. Disposition studies.
Sec. 1166. Transfer of excess credit.
Sec. 1167. Hurricane and storm damage reduction.
Sec. 1168. Fish hatcheries.
Sec. 1169. Shore damage prevention or mitigation.
Sec. 1170. Enhancing lake recreation opportunities.
Sec. 1171. Credit in lieu of reimbursement.
Sec. 1172. Easements for electric, telephone, or broadband service
facilities.
Sec. 1173. Study on performance of innovative materials.
Sec. 1174. Conversion of surplus water agreements.
Sec. 1175. Projects funded by the Inland Waterways Trust Fund.
Sec. 1176. Rehabilitation assistance.
Sec. 1177. Rehabilitation of Corps of Engineers constructed dams.
Sec. 1178. Columbia River.
Sec. 1179. Missouri River.
Sec. 1180. Chesapeake Bay oyster restoration.
Sec. 1181. Salton Sea, California.
Sec. 1182. Adjustment.
Sec. 1183. Coastal engineering.
Sec. 1184. Consideration of measures.
Sec. 1185. Table Rock Lake, Arkansas and Missouri.
Sec. 1186. Rural western water.
Sec. 1187. Interstate compacts.
Sec. 1188. Sense of Congress.
Sec. 1189. Dredged material disposal.
Subtitle B--Studies
Sec. 1201. Authorization of proposed feasibility studies.
Sec. 1202. Additional studies.
Sec. 1203. North Atlantic Coastal Region.
Sec. 1204. South Atlantic coastal study.
Sec. 1205. Texas coastal area.
Sec. 1206. Upper Mississippi and Illinois Rivers.
Sec. 1207. Kanawha River Basin.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Backlog prevention.
Sec. 1303. Valdez, Alaska.
Sec. 1304. Los Angeles County Drainage Area, Los Angeles County,
California.
Sec. 1305. Sutter Basin, California.
Sec. 1306. Essex River, Massachusetts.
Sec. 1307. Port of Cascade Locks, Oregon.
Sec. 1308. Central Delaware River, Philadelphia, Pennsylvania.
Sec. 1309. Huntingdon County, Pennsylvania.
Sec. 1310. Rivercenter, Philadelphia, Pennsylvania.
Sec. 1311. Salt Creek, Graham, Texas.
Sec. 1312. Texas City Ship Channel, Texas City, Texas.
Sec. 1313. Stonington Harbour, Connecticut.
Sec. 1314. Red River below Denison Dam, Texas, Oklahoma, Arkansas, and
Louisiana.
Sec. 1315. Green River and Barren River, Kentucky.
Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri.
Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation.
Sec. 1318. Cameron County, Texas.
Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 1320. Hamilton City, California.
Sec. 1321. Conveyances.
Sec. 1322. Expedited consideration.
Subtitle D--Water Resources Infrastructure
Sec. 1401. Project authorizations.
Sec. 1402. Special rules.
TITLE II--WATER AND WASTE ACT OF 2016
Sec. 2001. Short title.
Sec. 2002. Definition of Administrator.
Subtitle A--Safe Drinking Water
Sec. 2101. Sense of Congress on appropriations levels.
Sec. 2102. Preconstruction work.
Sec. 2103. Administration of State loan funds.
Sec. 2104. Assistance for small and disadvantaged communities.
Sec. 2105. Reducing lead in drinking water.
Sec. 2106. Notice to persons served.
Sec. 2107. Lead testing in school and child care program drinking water.
Sec. 2108. Water supply cost savings.
Sec. 2109. Innovation in the provision of safe drinking water.
Sec. 2110. Small system technical assistance.
Sec. 2111. Definition of Indian Tribe.
Sec. 2112. Technical assistance for tribal water systems.
Sec. 2113. Materials requirement for certain Federally funded projects.
Subtitle B--Drinking Water Disaster Relief and Infrastructure
Investments
Sec. 2201. Drinking water infrastructure.
Sec. 2202. Sense of Congress.
Sec. 2203. Registry for lead exposure and advisory committee.
Sec. 2204. Other lead programs.
Subtitle C--Control of Coal Combustion Residuals
Sec. 2301. Approval of State programs for control of coal combustion
residuals.
TITLE III--NATURAL RESOURCES
Subtitle A--Indian Dam Safety
Sec. 3101. Indian dam safety.
Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Their Economies
Sec. 3201. Definitions.
Part I--Indian Irrigation Fund
Sec. 3211. Establishment.
Sec. 3212. Deposits to fund.
Sec. 3213. Expenditures from fund.
Sec. 3214. Investments of amounts.
Sec. 3215. Transfers of amounts.
Sec. 3216. Termination.
Part II--Repair, Replacement, and Maintenance of Certain Indian
Irrigation Projects
Sec. 3221. Repair, replacement, and maintenance of certain indian
irrigation projects.
Sec. 3222. Eligible projects.
Sec. 3223. Requirements and conditions.
Sec. 3224. Study of Indian irrigation program and project management.
Sec. 3225. Tribal consultation and user input.
Sec. 3226. Allocation among projects.
Subtitle C--Weber Basin Prepayments
Sec. 3301. Prepayment of certain repayment obligations under contracts
between the United States and the Weber Basin Water
Conservancy District.
Subtitle D--Pechanga Water Rights Settlement
Sec. 3401. Short title.
Sec. 3402. Purposes.
Sec. 3403. Definitions.
Sec. 3404. Approval of the Pechanga Settlement Agreement.
Sec. 3405. Tribal Water Right.
Sec. 3406. Satisfaction of claims.
Sec. 3407. Waiver of claims.
Sec. 3408. Water facilities.
Sec. 3409. Pechanga Settlement Fund.
Sec. 3410. Miscellaneous provisions.
Sec. 3411. Authorization of appropriations.
Sec. 3412. Expiration on failure of enforceability date.
Sec. 3413. Antideficiency.
Subtitle E--Delaware River Basin Conservation
Sec. 3501. Findings.
Sec. 3502. Definitions.
Sec. 3503. Program establishment.
Sec. 3504. Grants and assistance.
Sec. 3505. Annual letter.
Sec. 3506. Prohibition on use of funds for Federal acquisition of
interests in land.
Sec. 3507. Sunset.
Subtitle F--Miscellaneous Provisions
Sec. 3601. Bureau of Reclamation Dakotas Area Office permit fees for
cabins and trailers.
Sec. 3602. Use of trailer homes at Heart Butte Dam and Reservoir (Lake
Tschida).
Sec. 3603. Lake Tahoe Restoration.
Sec. 3604. Tuolumne Band of Me-Wuk Indians.
Sec. 3605. San Luis Rey settlement agreement implementation.
Sec. 3606. Tule River Indian Tribe.
Sec. 3607. Morongo Band of Mission Indians.
Sec. 3608. Choctaw Nation of Oklahoma and the Chickasaw Nation Water
Settlement.
Subtitle G--Blackfeet Water Rights Settlement
Sec. 3701. Short title.
Sec. 3702. Purposes.
Sec. 3703. Definitions.
Sec. 3704. Ratification of compact.
Sec. 3705. Milk river water right.
Sec. 3706. Water delivery through milk river project.
Sec. 3707. Bureau of reclamation activities to improve water management.
Sec. 3708. St. Mary canal hydroelectric power generation.
Sec. 3709. Storage allocation from Lake Elwell.
Sec. 3710. Irrigation activities.
Sec. 3711. Design and construction of MR&I System.
Sec. 3712. Design and construction of water storage and irrigation
facilities.
Sec. 3713. Blackfeet water, storage, and development projects.
Sec. 3714. Easements and rights-of-way.
Sec. 3715. Tribal water rights.
Sec. 3716. Blackfeet settlement trust fund.
Sec. 3717. Blackfeet water settlement implementation fund.
Sec. 3718. Authorization of appropriations.
Sec. 3719. Water rights in Lewis and Clark National Forest and Glacier
National Park.
Sec. 3720. Waivers and releases of claims.
Sec. 3721. Satisfaction of claims.
Sec. 3722. Miscellaneous provisions.
Sec. 3723. Expiration on failure to meet enforceability date.
Sec. 3724. Antideficiency.
Subtitle H--Water Desalination
Sec. 3801. Reauthorization of Water Desalination Act of 1996.
Subtitle I--Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990
Sec. 3901. Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990.
Subtitle J--California Water
Sec. 4001. Operations and reviews.
Sec. 4002. Scientifically supported implementation of OMR flow
requirements.
Sec. 4003. Temporary operational flexibility for storm events.
Sec. 4004. Consultation on coordinated operations.
Sec. 4005. Protections.
Sec. 4006. New Melones Reservoir.
Sec. 4007. Storage.
Sec. 4008. Losses caused by the construction and operation of storage
projects.
Sec. 4009. Other water supply projects.
Sec. 4010. Actions to benefit threatened and endangered species and
other wildlife.
Sec. 4011. Offsets and water storage account.
Sec. 4012. Savings language.
Sec. 4013. Duration.
Sec. 4014. Definitions.
TITLE IV--OTHER MATTERS
Sec. 5001. Congressional notification requirements.
Sec. 5002. Reauthorization of Denali Commission.
Sec. 5003. Recreational access for floating cabins at TVA reservoirs.
Sec. 5004. Gold King Mine spill recovery.
Sec. 5005. Great Lakes Restoration Initiative.
Sec. 5006. Rehabilitation of high hazard potential dams.
Sec. 5007. Chesapeake Bay grass survey.
Sec. 5008. Water infrastructure finance and innovation.
Sec. 5009. Report on groundwater contamination.
Sec. 5010. Columbia River Basin restoration.
Sec. 5011. Regulation of aboveground storage at farms.
Sec. 5012. Irrigation districts.
Sec. 5013. Estuary restoration.
Sec. 5014. Environmental banks.
TITLE I--WATER RESOURCES DEVELOPMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Water Resources Development Act of
2016''.
SEC. 1002. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions
SEC. 1101. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.
Section 213 of the Water Resources Development Act of 2000 (33
U.S.C. 2339) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Youth Service and Conservation Corps Organizations.--The
Secretary, to the maximum extent practicable, shall enter into
cooperative agreements with qualified youth service and conservation
corps organizations for services relating to projects under the
jurisdiction of the Secretary and shall do so in a manner that ensures
the maximum participation and opportunities for such organizations.''.
SEC. 1102. NAVIGATION SAFETY.
The Secretary shall use section 5 of the Act of March 4, 1915 (38
Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety
activities at those projects eligible for operation and maintenance
under section 204(f) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(f)).
SEC. 1103. EMERGING HARBORS.
Section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is amended--
(1) in subsection (c)(3) by striking ``for each of fiscal years
2015 through 2022'' and inserting ``for each fiscal year''; and
(2) by striking subsection (d)(1)(A) and inserting the
following:
``(A) In general.--For each fiscal year, if priority funds
are available, the Secretary shall use at least 10 percent of
such funds for emerging harbor projects.''.
SEC. 1104. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--The Secretary, at Federal expense, shall establish
an inventory and conduct an assessment of the general structural
condition of all Federal breakwaters and jetties protecting harbors and
inland harbors within the United States.
(b) Contents.--The inventory and assessment carried out under
subsection (a) shall include--
(1) compiling location information for all Federal breakwaters
and jetties protecting harbors and inland harbors within the United
States;
(2) determining the general structural condition of each
breakwater and jetty;
(3) analyzing the potential risks to navigational safety, and
the impact on the periodic maintenance dredging needs of protected
harbors and inland harbors, resulting from the general structural
condition of each breakwater and jetty; and
(4) estimating the costs, for each breakwater and jetty, to
restore or maintain the breakwater or jetty to authorized levels
and the total of all such costs.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the inventory and assessment carried out under
subsection (a).
SEC. 1105. 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 the long-term viability 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 ``and communities that
are 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 and communities that are located in
the region to be served by the project and that will rely on
the project''.
SEC. 1106. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING.
The Secretary may enter into agreements to assume the operation and
maintenance costs of an alternative project to maintenance dredging for
a Federal navigation channel if the costs of the operation and
maintenance of the alternative project, and any remaining costs
necessary for maintaining the Federal navigation channel, are less than
the costs of maintaining such channel without the alternative project.
SEC. 1107. GREAT LAKES NAVIGATION SYSTEM.
Section 210(d)(1)(B) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding clause (i)
by striking ``For each of fiscal years 2015 through 2024'' and
inserting ``For each fiscal year''.
SEC. 1108. 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, 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. 1109. 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. 1110. 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 for which the United States port of unlading
is different than the United States port of entry.'';
(C) in paragraph (3) (as redesignated)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (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,''; and
(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)--
(A) in the matter preceding paragraph (1), by striking
``donor port'' and inserting ``donor port, a medium-sized donor
port,''; and
(B) in paragraph (1)--
(i) by striking ``or shippers transporting cargo'';
(ii) by striking ``U.S. Customs and Border Protection''
and inserting ``the Secretary''; and
(iii) by striking ``amount of harbor maintenance taxes
collected'' and inserting ``value of discretionary cargo'';
(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
under subsection (c), the Secretary shall transfer to the
Commissioner of U.S. Customs and Border Protection an amount equal
to those payments that would otherwise be provided to the port
under this section to provide the payments to the importers of the
discretionary cargo that is--
``(A) shipped through the port; and
``(B) most at risk of diversion to seaports outside of the
United States.
``(2) Requirement.--The Secretary, in consultation with a port
electing to provide payments under subsection (c), shall determine
the top importers at the port, as ranked by the value of
discretionary cargo, and payments shall be limited to those top
importers.'';
(5) in subsection (f)--
(A) in paragraph (1) by striking ``2018'' and inserting
``2020'';
(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) in paragraph (3)--
(i) by striking ``2015 through 2018'' and inserting
``2016 through 2020''; and
(ii) by striking ``2019 through 2022'' and inserting
``2021 through 2025''; and
(6) by adding at the end the following:
``(g) Savings Clause.--Nothing in this section waives any statutory
requirement related to the transportation of merchandise as authorized
under chapter 551 of title 46, United States Code.''.
SEC. 1111. HARBOR DEEPENING.
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)'';
(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''.
SEC. 1112. 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. 1113. 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, with any reimbursement subject to the
non-Federal interest complying with all Federal laws and regulations
that would apply to such maintenance activities if carried out by the
Secretary.
(c) Agreement.--Before initiating maintenance activities under this
section, a 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 the costs of maintenance
activities directly related to the costs associated with operation and
maintenance of a dredge based on the lesser of--
(1) the costs associated with operation and maintenance of the
dredge during the period of time that the dredge is being used in
the performance of work for the Federal Government during a given
fiscal year; or
(2) the actual fiscal year Federal appropriations that are made
available for the portion of the maintenance activities for which
the dredge was used.
(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. 1114. 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.--In the first report
submitted under subparagraph (A) following the date of
enactment of the Water Resources Development Act of 2016, 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. 1115. RESERVOIR SEDIMENT.
(a) In General.--Section 215 of the Water Resources Development Act
of 2000 (33 U.S.C. 2326c) is amended to read as follows:
``SEC. 215. RESERVOIR SEDIMENT.
``(a) In General.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2016 and after
providing public notice, the Secretary shall establish, using available
funds, a pilot program to accept services provided by a non-Federal
interest or commercial entity for removal of sediment captured behind a
dam owned or operated by the United States and under the jurisdiction
of the Secretary for the purpose of restoring the authorized storage
capacity of the project concerned.
``(b) Requirements.--In carrying out this section, the Secretary
shall--
``(1) review the services of the non-Federal interest or
commercial entity to ensure that the services are consistent with
the authorized purposes of the project concerned;
``(2) ensure that the non-Federal interest or commercial entity
will indemnify the United States for, or has entered into an
agreement approved by the Secretary to address, any adverse impact
to the dam as a result of such services;
``(3) require the non-Federal interest or commercial entity,
prior to initiating the services and upon completion of the
services, to conduct sediment surveys to determine the pre- and
post-services sediment profile and sediment quality; and
``(4) limit the number of dams for which services are accepted
to 10.
``(c) Limitation.--
``(1) In general.--The Secretary may not accept services under
subsection (a) if the Secretary, after consultation with the Chief
of Engineers, determines that accepting the services is not
advantageous to the United States.
``(2) Report to congress.--If the Secretary makes a
determination under paragraph (1), the Secretary shall provide to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate written notice describing the reasoning for the
determination.
``(d) Disposition of Removed Sediment.--In exchange for providing
services under subsection (a), a non-Federal interest or commercial
entity is authorized to retain, use, recycle, sell, or otherwise
dispose of any sediment removed in connection with the services and the
Corps of Engineers may not seek any compensation for the value of the
sediment.
``(e) Congressional Notification.--Prior to accepting services
provided by a non-Federal interest or commercial entity under this
section, the Secretary shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate written notice of the
acceptance of the services.
``(f) Report to Congress.--Upon completion of services at the 10
dams allowed under subsection (b)(4), the Secretary shall make publicly
available and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report documenting the
results of the services.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 2000 is amended by striking the
item relating to section 215 and inserting the following:
``Sec. 215. Reservoir sediment.''.
SEC. 1116. WATER SUPPLY CONSERVATION.
(a) In General.--In a State in which a drought emergency has been
declared or was in effect during the 1-year period ending on the date
of enactment of this Act, the Secretary is authorized--
(1) to conduct an evaluation for purposes of approving water
supply conservation measures that are consistent with the
authorized purposes of water resources development projects under
the jurisdiction of the Secretary; and
(2) to enter into written agreements pursuant to section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) with non-Federal
interests to carry out the conservation measures approved by such
evaluations.
(b) Eligibility.--Water supply conservation measures evaluated
under subsection (a) may include the following:
(1) Stormwater capture.
(2) Releases for ground water replenishment or aquifer storage
and recovery.
(3) Releases to augment water supply at another Federal or non-
Federal storage facility.
(4) Other conservation measures that enhance usage of a Corps
of Engineers project for water supply.
(c) Costs.--A non-Federal interest shall pay only the separable
costs associated with the evaluation, implementation, operation, and
maintenance of an approved water supply conservation measure, which
payments may be accepted and expended by the Corps of Engineers to
cover such costs.
(d) Statutory Construction.--Nothing in this section may be
construed to modify or alter the obligations of a non-Federal interest
under existing or future agreements for--
(1) water supply storage pursuant to section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b); or
(2) surplus water use pursuant to section 6 of the Act of
December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
(e) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes of a
Corps of Engineers project;
(2) affects existing Corps of Engineers authorities, including
its authorities with respect to navigation, flood damage reduction,
and environmental protection and restoration;
(3) affects the Corps of Engineers ability to provide for
temporary deviations;
(4) affects the application of a cost-share requirement under
section 101, 102, or 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2211, 2212, and 2213);
(5) 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;
(6) supersedes or modifies any amendment to an existing
multistate water control plan, including those water control plans
along the Missouri River and those water control plans in the
Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa
basins;
(7) affects any water right in existence on the date of
enactment of this Act; or
(8) preempts or affects any State water law or interstate
compact governing water.
SEC. 1117. DROUGHT EMERGENCIES.
(a) Authorized Activities.--With respect to a State in which a
drought emergency is in effect on the date of enactment of this Act, or
was in effect at any time during the 1-year period ending on such date
of enactment, and upon the request of the Governor of the State, the
Secretary is authorized to--
(1) prioritize the updating of the water control manuals for
control structures under the jurisdiction of the Secretary that are
located in the State; and
(2) incorporate into the update seasonal operations for water
conservation and water supply for such control structures.
(b) Coordination.--The Secretary shall carry out the update under
subsection (a) in coordination with all appropriate Federal agencies,
elected officials, and members of the public.
(c) Statutory Construction.--Nothing in this section affects,
modifies, or changes the authorized purposes of a Corps of Engineers
project, or affects the applicability of section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b).
SEC. 1118. 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 a Federal water resources development project
through--
(1) modification of the project;
(2) modification of how the project is managed; or
(3) accessing water released from the 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 operated 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 operates the project, in the case of a project
operated 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
development 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 (30 Stat. 1152,
chapter 425; 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 operates the
project, if that agency is not the Department of the Army;
(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. 1119. 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 inserting ``and indian tribes''
after ``territories''; and
(2) in subsection (a)--
(A) by striking ``projects in American'' and inserting
``projects--
``(1) in American'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(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. 1120. TRIBAL CONSULTATION REPORTS.
(a) Review.--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 the
following:
(1) Not later than 30 days after the date of enactment of this
Act, all reports of the Corps of Engineers developed pursuant to
its Tribal Consultation Policy, dated November 2012, and submitted
to the Office of Management and Budget before the date of enactment
of this Act.
(2) Not later than 30 days after the date of the submission to
the Committees under paragraph (1), all reports of the Corps of
Engineers developed pursuant to its Tribal Consultation Policy,
dated November 2012, or successor policy, and submitted to the
Office of Management and Budget after the date of enactment of this
Act.
(3) Not later than 1 year after the date of enactment of this
Act, a report that describes the results of a review by the
Secretary of existing policies, regulations, and guidance related
to consultation with Indian tribes on water resources development
projects or other activities that require the approval of, or the
issuance of a permit by, the Secretary and that may have an impact
on tribal cultural or natural resources.
(b) Consultation.--In completing the review under subsection
(a)(3), the Secretary shall provide for public and private meetings
with Indian tribes and other stakeholders.
(c) No Delays.--During the review required under subsection (a)(3),
the Secretary shall ensure that--
(1) all existing tribal consultation policies, regulations, and
guidance continue to be implemented; and
(2) the review does not affect an approval or issuance of a
permit required by the Secretary.
SEC. 1121. 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,'';
(B) in paragraph (2) by striking ``(2) Matters to be
studied.--A study'' and inserting the following:
``(2) Authorized activities.--An 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 on, and provide to the Indian
tribe a report describing, the feasibility of a water resources
development project 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.
``(4) Design and construction.--
``(A) In general.--The Secretary may carry out the design
and construction of a water resources development project
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
``an activity''; and
(B) in paragraph (2)(B) by striking ``carrying out projects
studied'' and inserting ``an activity conducted''; and
(3) in subsection (d)--
(A) in paragraph (1)(A) by striking ``a study'' and
inserting ``an 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 an 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) Water-related planning activities.--
``(A) In general.--The non-Federal share of costs of a
watershed and river basin assessment conducted under subsection
(b) 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 50 percent.''.
SEC. 1122. BENEFICIAL USE OF DREDGED MATERIAL.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a pilot program to carry out
projects for the beneficial use of dredged material, including projects
for the purposes of--
(1) reducing storm damage to property and infrastructure;
(2) promoting public safety;
(3) protecting, restoring, and creating aquatic ecosystem
habitats;
(4) stabilizing stream systems and enhancing shorelines;
(5) promoting recreation;
(6) supporting risk management adaptation strategies; and
(7) reducing the costs of dredging and dredged material
placement or disposal, such as projects that use dredged material
for--
(A) construction or fill material;
(B) civic improvement objectives; and
(C) other innovative uses and placement alternatives that
produce public economic or environmental benefits.
(b) Project Selection.--In carrying out the pilot program, the
Secretary shall--
(1) identify for inclusion in the pilot program and carry out
10 projects for the beneficial use of dredged material;
(2) consult with relevant State agencies in selecting projects;
and
(3) select projects solely on the basis of--
(A) the environmental, economic, and social benefits of the
projects, including monetary and nonmonetary benefits; and
(B) the need for a diversity of project types and
geographical project locations.
(c) Regional Beneficial Use Teams.--
(1) In general.--In carrying out the pilot program, the
Secretary shall establish regional beneficial use teams to identify
and assist in the implementation of projects under the pilot
program.
(2) Composition.--
(A) Leadership.--For each regional beneficial use team
established under paragraph (1), the Secretary shall appoint
the Commander of the relevant division of the Corps of
Engineers to serve as the head of the team.
(B) Membership.--The membership of each regional beneficial
use team shall include--
(i) representatives of relevant Corps of Engineers
districts and divisions;
(ii) representatives of relevant State and local
agencies; and
(iii) representatives of Federal agencies and such
other entities as the Secretary determines appropriate,
consistent with the purposes of this section.
(d) Considerations.--The Secretary shall carry out the pilot
program in a manner that--
(1) maximizes the beneficial placement of dredged material from
Federal and non-Federal navigation channels;
(2) incorporates, to the maximum extent practicable, 2 or more
Federal navigation, flood control, storm damage reduction, or
environmental restoration projects;
(3) coordinates the mobilization of dredges and related
equipment, including through the use of such efficiencies in
contracting and environmental permitting as can be implemented
under existing laws and regulations;
(4) fosters Federal, State, and local collaboration;
(5) implements best practices to maximize the beneficial use of
dredged sand and other sediments; and
(6) ensures that the use of dredged material is consistent with
all applicable environmental laws.
(e) Cost Sharing.--
(1) In general.--Projects carried out under this section shall
be subject to the cost-sharing requirements applicable to projects
carried out under section 204 of the Water Resources Development
Act of 1992 (33 U.S.C. 2326).
(2) Additional costs.--Notwithstanding paragraph (1), if the
cost of transporting and depositing dredged material for a project
carried out under this section exceeds the cost of carrying out
those activities pursuant to any other water resources project in
accordance, if applicable, with the Federal standard (as defined in
section 335.7 of title 33, Code of Federal Regulations), the
Secretary may not require the non-Federal interest to bear the
additional cost of such activities.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, 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 includes--
(1) a description of the projects selected to be carried out
under the pilot program;
(2) documentation supporting each of the projects selected;
(3) the findings of regional beneficial use teams regarding
project selection; and
(4) any recommendations of the Secretary or regional beneficial
use teams with respect to the pilot program.
(g) Termination.--The pilot program shall terminate after
completion of the 10 projects carried out pursuant to subsection
(b)(1).
(h) Exemption From Other Standards.--The projects carried out
under this section shall be carried out notwithstanding the definition
of the term ``Federal standard'' in section 335.7 of title 33, Code of
Federal Regulations.
(i) Regional Sediment Management.--Section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326) is amended--
(1) in subsection (a)(1)--
(A) by striking ``For sediment'' and inserting the
following:
``(A) Sediment from federal water resources projects.--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)).''.
(j) Clarification.--Section 156(e) of the Water Resources
Development Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by striking
``3'' and inserting ``6''.
SEC. 1123. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
Section 506(g) of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22(g)) is repealed.
SEC. 1124. CORPS OF ENGINEERS OPERATION OF UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--The Secretary shall designate an individual,
within the headquarters office of the Corps of Engineers, who shall
serve as the coordinator and principal approving official for
developing the process and procedures by which the Corps of Engineers--
(1) operates and maintains small unmanned aircraft (as defined
in section 331 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note)) systems in support of civil works and emergency
response missions of the Corps of Engineers; and
(2) acquires, applies for, and receives any necessary Federal
Aviation Administration authorizations for such operations and
systems.
(b) Requirements.--A small unmanned aircraft system acquired,
operated, or maintained for carrying out the missions specified in
subsection (a) shall be operated in accordance with regulations of the
Federal Aviation Administration as a civil aircraft or public aircraft,
at the discretion of the Secretary, and shall be exempt from
regulations of the Department of Defense, including the Department of
the Army, governing such system.
(c) Limitation.--A small unmanned aircraft system acquired,
operated, or maintained by the Corps of Engineers is excluded from use
by the Department of Defense, including the Department of the Army, for
any mission of the Department of Defense other than a mission specified
in subsection (a).
SEC. 1125. 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) Railroad carrier.--The term `railroad carrier' has
the meaning given the term in section 20102 of title 49, United
States Code.'';
(2) in paragraph (2)--
(A) by striking ``or natural gas company'' and inserting
``, natural gas company, or railroad carrier''; and
(B) by striking ``or company'' and inserting ``, company,
or carrier'';
(3) in paragraph (3)--
(A) by striking ``or natural gas company'' and inserting
``, natural gas company, or railroad carrier''; and
(B) by striking ``7 years'' and inserting ``10 years''; and
(4) in paragraph (5) by striking ``and natural gas companies''
and inserting ``, natural gas companies, and railroad carriers,
including an evaluation of the compliance with the requirements of
this section and, with respect to a permit for those entities, the
requirements of applicable Federal laws''.
SEC. 1126. 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.--At the request of a non-Federal
interest, the Secretary may provide to the non-Federal interest
technical assistance relating to any aspect of a feasibility study if
the non-Federal interest contracts with the Secretary to pay all costs
of providing such technical assistance.''.
SEC. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE
REDUCTION PROJECTS.
Section 204(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(d)) is amended by adding at the end the following:
``(5) Discrete segments.--
``(A) In general.--The Secretary may authorize credit or
reimbursement under this subsection for a discrete segment of a
flood damage reduction project, or separable element thereof,
before final completion of the project or separable element
if--
``(i) except as provided in clause (ii), the Secretary
determines that the discrete segment satisfies the
requirements of paragraphs (1) through (4) in the same
manner as the project or separable element; and
``(ii) notwithstanding paragraph (1)(A)(ii), the
Secretary determines, before the approval of the plans
under paragraph (1)(A)(i), that the discrete segment is
technically feasible and environmentally acceptable.
``(B) Determination.--Credit or reimbursement may not be
made available to a non-Federal interest pursuant to this
paragraph until the Secretary determines that--
``(i) the construction of the discrete segment for
which credit or reimbursement is requested is complete; and
``(ii) the construction is consistent with the
authorization of the applicable flood damage reduction
project, or separable element thereof, and the plans
approved under paragraph (1)(A)(i).
``(C) Written agreement.--
``(i) In general.--As part of the written agreement
required under paragraph (1)(A)(iii), a non-Federal
interest to be eligible for credit or reimbursement under
this paragraph shall--
``(I) identify any discrete segment that the non-
Federal interest may carry out; and
``(II) agree to the completion of the flood damage
reduction project, or separable element thereof, with
respect to which the discrete segment is a part and
establish a timeframe for such completion.
``(ii) Remittance.--If a non-Federal interest fails to
complete a flood damage reduction project, or separable
element thereof, that it agreed to complete under clause
(i)(II), the non-Federal interest shall remit any
reimbursements received under this paragraph for a discrete
segment of such project or separable element.
``(D) Discrete segment defined.--In this paragraph, the
term `discrete segment' means a physical portion of a flood
damage reduction project, or separable element thereof--
``(i) described by a non-Federal interest in a written
agreement required under paragraph (1)(A)(iii); and
``(ii) that the non-Federal interest can operate and
maintain, independently and without creating a hazard, in
advance of final completion of the flood damage reduction
project, or separable element thereof.''.
SEC. 1128. MULTISTATE ACTIVITIES.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) in subsection (a)(1)--
(A) by striking ``or other non-Federal interest'' and
inserting ``, group of States, or non-Federal interest'';
(B) by inserting ``or group of States'' after ``working
with a State''; and
(C) by inserting ``or group of States'' after ``boundaries
of such State''; and
(2) in subsection (c)(1) by adding at the end the following:
``The Secretary may allow 2 or more States to combine all or a
portion of the funds that the Secretary makes available to the
States in carrying out subsection (a)(1).''.
SEC. 1129. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended by adding at the end the following:
``(f) Special Rule.--The cost-share for assistance under this
section provided to Indian tribes, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Marianas, and the Trust Territory of the Pacific Islands shall
be as provided under section 1156 of the Water Resources Development
Act of 1986 (33 U.S.C. 2310).''.
SEC. 1130. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY
ACTIVITIES.
(a) National Levee Safety Program.--Section 9002 of the Water
Resources Development Act of 2007 (33 U.S.C. 3301) is amended--
(1) in paragraph (11) by striking ``State or Indian tribe'' and
inserting ``State, regional district, or Indian tribe'';
(2) by redesignating paragraphs (12) through (16) as paragraphs
(13) through (17), respectively; and
(3) by inserting after paragraph (11) the following:
``(12) Regional district.--The term `regional district' means a
subdivision of a State government, or a subdivision of multiple
State governments, that is authorized to acquire, construct,
operate, and maintain projects for the purpose of flood damage
reduction.''.
(b) Inventory and Inspection of Levees.--Section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``one year after the date
of enactment of this Act'' and inserting ``1 year after the
date of enactment of the Water Resources Development Act of
2016'';
(B) in paragraph (2)(A) by striking ``States, Indian
tribes, Federal agencies, and other entities'' and inserting
``States, regional districts, Indian tribes, Federal agencies,
and other entities''; and
(C) in paragraph (3)--
(i) in the heading for subparagraph (A) by striking
``federal, state, and local'' and inserting ``federal,
state, regional, tribal, and local''; and
(ii) in subparagraph (A) by striking ``Federal, State,
and local'' and inserting ``Federal, State, regional,
tribal, and local''; and
(2) in subsection (c)--
(A) in paragraph (4)--
(i) in the paragraph heading by striking ``State and
tribal'' and inserting ``State, regional, and tribal''; and
(ii) by striking ``State or Indian tribe'' each place
it appears and inserting ``State, regional district, or
Indian tribe''; and
(B) in paragraph (5)--
(i) by striking ``State or Indian tribe'' and inserting
``State, regional district, or Indian tribe''; and
(ii) by striking ``chief executive of the tribal
government'' and inserting ``chief executive of the
regional district or tribal government''.
(c) Levee Safety Initiative.--Section 9005 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303a) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``1 year after the date of
enactment of this subsection'' and inserting ``1 year
after the date of enactment of the Water Resources
Development Act of 2016''; and
(II) by striking ``State, local, and tribal
governments and organizations'' and inserting ``State,
regional, local, and tribal governments and
organizations''; and
(ii) in subparagraph (A) by striking ``Federal, State,
tribal, and local agencies'' and inserting ``Federal,
State, regional, local, and tribal agencies'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``State, local, and
tribal governments,'' and inserting ``State, regional,
local, and tribal governments''; and
(ii) in subparagraph (B) by inserting ``, regional, or
tribal'' after ``State'' each place it appears; and
(C) in paragraph (5)(A) by striking ``States, non-Federal
interests, and other appropriate stakeholders'' and inserting
``States, regional districts, Indian tribes, non-Federal
interests, and other appropriate stakeholders'';
(2) in subsection (e)(1) in the matter preceding subparagraph
(A) by striking ``States, communities, and levee owners'' and
inserting ``States, regional districts, Indian tribes, communities,
and levee owners'';
(3) in subsection (g)--
(A) in the subsection heading by striking ``State and
Tribal'' and inserting ``State, Regional, and Tribal'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``1 year after the date of
enactment of this subsection'' and inserting ``1 year
after the date of enactment of the Water Resources
Development Act of 2016''; and
(II) by striking ``State or tribal'' and inserting
``State, regional, or tribal''; and
(ii) in subparagraph (B)--
(I) by striking ``State and Indian tribe'' and
inserting ``State, regional district, and Indian
tribe''; and
(II) by striking ``State or Indian tribe'' and
inserting ``State, regional district, or Indian
tribe''; and
(C) in paragraph (2)--
(i) in the paragraph heading by striking ``states'' and
inserting ``states, regional districts, and indian
tribes'';
(ii) in subparagraph (A) by striking ``States and
Indian tribes'' and inserting ``States, regional districts,
and Indian tribes'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i) by striking
``State or Indian tribe'' and inserting ``State,
regional district, or Indian tribe'';
(II) in clause (ii) by striking ``levees within the
State'' and inserting ``levees within the State or
regional district''; and
(III) in clause (iii) by striking ``State or Indian
tribe'' and inserting ``State, regional district, or
Indian tribe'';
(iv) in subparagraph (C)(ii) in the matter preceding
subclause (I) by striking ``State or tribal'' and inserting
``State, regional, or tribal''; and
(v) in subparagraph (E)--
(I) by striking ``States and Indian tribes'' each
place it appears and inserting ``States, regional
districts, and Indian tribes'';
(II) in clause (ii)(II)--
(aa) in the matter preceding item (aa) by
striking ``State or Indian tribe'' and inserting
``State, regional district, or Indian tribe'';
(bb) in item (aa) by striking ``miles of levees
in the State'' and inserting ``miles of levees in
the State or regional district''; and
(cc) in item (bb) by striking ``miles of levees
in all States'' and inserting ``miles of levees in
all States and regional districts''; and
(III) in clause (iii)--
(aa) by striking ``State or Indian tribe'' and
inserting ``State, regional district, or Indian
tribe''; and
(bb) by striking ``State or tribal'' and
inserting ``State, regional, or tribal''; and
(4) in subsection (h)--
(A) in paragraph (1) by striking ``States, Indian tribes,
and local governments'' and inserting ``States, regional
districts, Indian tribes, and local governments'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A) by
striking ``State, Indian tribe, or local government'' and
inserting ``State, regional district, Indian tribe, or
local government''; and
(ii) in subparagraph (E) in the matter preceding clause
(i) by striking ``State or tribal'' and inserting ``State,
regional, or tribal'';
(C) in paragraph (3)--
(i) in subparagraph (A) by striking ``State, Indian
tribe, or local government'' and inserting ``State,
regional district, Indian tribe, or local government''; and
(ii) in subparagraph (D) by striking ``180 days after
the date of enactment of this subsection'' and inserting
``180 days after the date of enactment of the Water
Resources Development Act of 2016''; and
(D) in paragraph (4)(A)(i) by striking ``State or tribal''
and inserting ``State, regional, or tribal''.
(d) Reports.--Section 9006 of the Water Resources Development Act
of 2007 (33 U.S.C. 3303b) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A) by striking
``1 year after the date of enactment of this subsection'' and
inserting ``1 year after the date of enactment of the Water
Resources Development Act of 2016''; and
(B) in subparagraph (B) by striking ``State and tribal''
and inserting ``State, regional, and tribal'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``2 years after the date of enactment
of this subsection'' and inserting ``2 years after the date
of enactment of the Water Resources Development Act of
2016''; and
(ii) by striking ``State, tribal, and local'' and
inserting ``State, regional, tribal, and local'';
(B) in paragraph (2) by striking ``State and tribal'' and
inserting ``State, regional, and tribal''; and
(C) in paragraph (4) by striking ``State and local'' and
inserting ``State, regional, tribal, and local''; and
(3) in subsection (d)--
(A) in the matter preceding paragraph (1) by striking ``1
year after the date of enactment of this subsection'' and
inserting ``1 year after the date of enactment of the Water
Resources Development Act of 2016''; and
(B) in paragraph (2) by striking ``State or tribal'' and
inserting ``State, regional, or tribal''.
SEC. 1131. PARTICIPATION OF 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 ``and, as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native
village, Regional Corporation, and Village Corporation'' after ``Indian
tribe''.
SEC. 1132. POST-AUTHORIZATION CHANGE REPORTS.
(a) In General.--The completion of a post-authorization change
report prepared by the Corps of Engineers for a water resources
development project--
(1) may not be delayed as a result of consideration being given
to changes in policy or priority with respect to project
consideration; and
(2) shall be submitted, upon completion, to--
(A) the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Completion Review.--With respect to a post-authorization change
report subject to review by the Secretary, the Secretary shall, not
later than 120 days after the date of completion of such report--
(1) review the report; and
(2) provide to Congress any recommendations of the Secretary
regarding modification of the applicable water resources
development project.
(c) Prior Reports.--Not later than 120 days after the date of
enactment of this Act, with respect to any post-authorization change
report that was completed prior to the date of enactment of this Act
and is subject to a review by the Secretary that has yet to be
completed, the Secretary shall complete review of, and provide
recommendations to Congress with respect to, the report.
(d) Post-Authorization Change Report Inclusions.--In this section,
the term ``post-authorization change report'' includes--
(1) a general reevaluation report;
(2) a limited reevaluation report; and
(3) any other report that recommends the modification of an
authorized water resources development project.
SEC. 1133. MAINTENANCE DREDGING DATA.
(a) In General.--The Secretary shall establish, maintain, and make
publicly available a database on maintenance dredging carried out by
the Secretary, which shall include information on maintenance dredging
carried out by Federal and non-Federal vessels.
(b) Scope.--The Secretary shall include in the database maintained
under subsection (a), for each maintenance dredging project and
contract, estimated and actual data on--
(1) the volume of dredged material removed;
(2) the initial cost estimate of the Corps of Engineers;
(3) the total cost;
(4) the party and vessel carrying out the work; and
(5) the number of private contractor bids received and the bid
amounts, including bids that did not win the final contract award.
SEC. 1134. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.
(a) In General.--Section 2040 of the Water Resources Development
Act of 2007 (33 U.S.C. 2345) is amended to read as follows:
``SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.
``(a) Development of Electronic System.--
``(1) In general.--The Secretary shall research, develop, and
implement an electronic system to allow the electronic preparation
and submission of applications for permits and requests for
jurisdictional determinations under the jurisdiction of the
Secretary.
``(2) Inclusion.--The electronic system required under
paragraph (1) shall address--
``(A) applications for standard individual permits;
``(B) applications for letters of permission;
``(C) joint applications with States for State and Federal
permits;
``(D) applications for emergency permits;
``(E) applications or requests for jurisdictional
determinations; and
``(F) preconstruction notification submissions, when
required for a nationwide or other general permit.
``(3) Improving existing data systems.--The Secretary shall
seek to incorporate the electronic system required under paragraph
(1) into existing systems and databases of the Corps of Engineers
to the maximum extent practicable.
``(4) Protection of information.--The electronic system
required under paragraph (1) shall provide for the protection of
personal, private, privileged, confidential, and proprietary
information, and information the disclosure of which is otherwise
prohibited by law.
``(b) System Requirements.--The electronic system required under
subsection (a) shall--
``(1) enable an applicant or requester to prepare
electronically an application for a permit or request;
``(2) enable an applicant or requester to submit to the
Secretary, by email or other means through the Internet, the
completed application form or request;
``(3) enable an applicant or requester to submit to the
Secretary, by email or other means through the Internet, data and
other information in support of the permit application or request;
``(4) provide an online interactive guide to provide assistance
to an applicant or requester at any time while filling out the
permit application or request; and
``(5) enable an applicant or requester (or a designated agent)
to track the status of a permit application or request in a manner
that will--
``(A) allow the applicant or requester to determine whether
the application is pending or final and the disposition of the
request;
``(B) allow the applicant or requester to research
previously submitted permit applications and requests within a
given geographic area and the results of such applications or
requests; and
``(C) allow identification and display of the location of
the activities subject to a permit or request through a map-
based interface.
``(c) Documentation.--All permit decisions and jurisdictional
determinations made by the Secretary shall be in writing and include
documentation supporting the basis for the decision or determination.
The Secretary shall prescribe means for documenting all decisions or
determinations to be made by the Secretary.
``(d) Record of Determinations.--
``(1) In general.--The Secretary shall maintain, for a minimum
of 5 years, a record of each permit decision and jurisdictional
determination made by the Secretary, including documentation
supporting the basis of the decision or determination.
``(2) Archiving of information.--The Secretary shall explore
and implement an appropriate mechanism for archiving records of
permit decisions and jurisdictional determinations, including
documentation supporting the basis of the decisions and
determinations, after the 5-year maintenance period described in
paragraph (1).
``(e) Availability of Determinations.--
``(1) In general.--The Secretary shall make the records of all
permit decisions and jurisdictional determinations made by the
Secretary available to the public for review and reproduction.
``(2) Protection of information.--The Secretary shall provide
for the protection of personal, private, privileged, confidential,
and proprietary information, and information the disclosure of
which is prohibited by law, which may be excluded from disclosure.
``(f) Deadline for Electronic System Implementation.--
``(1) In general.--The Secretary shall develop and implement,
to the maximum extent practicable, the electronic system required
under subsection (a) not later than 2 years after the date of
enactment of the Water Resources Development Act of 2016.
``(2) Report on electronic system implementation.--Not later
than 180 days after the expiration of the deadline under paragraph
(1), the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report
describing the measures implemented and barriers faced in carrying
out this section.
``(g) Applicability.--The requirements described in subsections
(c), (d), and (e) shall apply to permit applications and requests for
jurisdictional determinations submitted to the Secretary after the date
of enactment of the Water Resources Development Act of 2016.
``(h) Limitation.--This section shall not preclude the submission
to the Secretary, acting through the Chief of Engineers, of a physical
copy of a permit application or a request for a jurisdictional
determination.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 2007 is amended by striking the
item relating to section 2040 and inserting the following:
``Sec. 2040. Electronic submission and tracking of permit
applications.''.
SEC. 1135. DATA TRANSPARENCY.
Section 2017 of the Water Resources Development Act of 2007 (33
U.S.C. 2342) is amended to read as follows:
``SEC. 2017. ACCESS TO WATER RESOURCE DATA.
``(a) In General.--Using available funds, the Secretary shall make
publicly available, including on the Internet, all data in the custody
of the Corps of Engineers on--
``(1) the planning, design, construction, operation, and
maintenance of water resources development projects; and
``(2) water quality and water management of projects owned,
operated, or managed by the Corps of Engineers.
``(b) Limitation.--Nothing in this section may be construed to
compel or authorize the disclosure of data or other information
determined by the Secretary to be confidential information, privileged
information, law enforcement information, national security
information, infrastructure security information, personal information,
or information the disclosure of which is otherwise prohibited by law.
``(c) Timing.--The Secretary shall ensure that data is made
publicly available under subsection (a) as quickly as practicable after
the data is generated by the Corps of Engineers.
``(d) Partnerships.--In carrying out this section, the Secretary
may develop partnerships, including through cooperative agreements,
with State, tribal, and local governments and other Federal
agencies.''.
SEC. 1136. QUALITY CONTROL.
(a) In General.--Paragraph (a) of the first section of the Act of
December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701-1(a)), is
amended by inserting ``and shall be made publicly available'' before
the period at the end of the last sentence.
(b) Project Administration.--Section 2041(b)(1) of the Water
Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by
inserting ``final post-authorization change report,'' after ``final
reevaluation report,''.
SEC. 1137. REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.
Section 213(a) of the Water Resources Development Act of 1992
(Public Law 102-580; 106 Stat. 4831) is amended by adding at the end
the following:
``(4) Report on purchase of foreign manufactured articles.--
``(A) In general.--In the first annual report submitted to
Congress after the date of enactment of this paragraph in
accordance with section 8 of the Act of August 11, 1888 (25
Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b) of
the Water Resources Development Act of 1986 (33 U.S.C.
2295(b)), the Secretary shall include a report on the amount of
acquisitions in the prior fiscal year made by the Corps of
Engineers for civil works projects from entities that
manufactured the articles, materials, or supplies outside of
the United States.
``(B) Contents.--The report required under subparagraph (A)
shall indicate, for each category of acquisition--
``(i) the dollar value of articles, materials, and
supplies purchased that were manufactured outside of the
United States; and
``(ii) a summary of the total procurement funds spent
on goods manufactured in the United States and the total
procurement funds spent on goods manufactured outside of
the United States.
``(C) Public availability.--Not later than 30 days after
the submission of the report required under subparagraph (A),
the Secretary shall make such report publicly available,
including on the Internet.''.
SEC. 1138. INTERNATIONAL OUTREACH PROGRAM.
Section 401(a) of the Water Resources Development Act of 1992 (33
U.S.C. 2329(a)) is amended to read as follows:
``(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. 1139. DAM SAFETY REPAIR PROJECTS.
The Secretary shall issue guidance--
(1) on the types of circumstances under which the requirement
in section 1203(a) of the Water Resources Development Act of 1986
(33 U.S.C. 467n(a)) relating to state-of-the-art design or
construction criteria deemed necessary for safety purposes applies
to a dam safety repair project;
(2) to assist district offices of the Corps of Engineers in
communicating with non-Federal interests when entering into and
implementing cost-sharing agreements for dam safety repair
projects; and
(3) to assist the Corps of Engineers in communicating with non-
Federal interests concerning the estimated and final cost-share
responsibilities of the non-Federal interests under agreements for
dam safety repair projects.
SEC. 1140. FEDERAL COST LIMITATION FOR CERTAIN PROJECTS.
Section 506(c) of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22(c)) is amended by adding at the end the following:
``(5) Recreation features.--A project carried out pursuant to
this subsection may include compatible recreation features as
determined by the Secretary, except that the Federal costs of such
features may not exceed 10 percent of the Federal ecosystem
restoration costs of the project.''.
SEC. 1141. LAKE KEMP, TEXAS.
Section 3149(a) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1147) is amended--
(1) by striking ``2020'' and inserting ``2025''; and
(2) by striking ``this Act'' and inserting ``the Water
Resources Development Act of 2016''.
SEC. 1142. CORROSION PREVENTION.
Section 1033 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2350) is amended by adding at the end the following:
``(d) Report.--In the first annual report submitted to Congress
after the date of enactment of this subsection in accordance with
section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 860; 33
U.S.C. 556), and section 925(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2295(b)), the Secretary shall report on the
corrosion prevention activities encouraged under this section,
including--
``(1) a description of the actions the Secretary has taken to
implement this section; and
``(2) a description of the projects utilizing corrosion
prevention activities, including which activities were
undertaken.''.
SEC. 1143. SEDIMENT SOURCES.
(a) In General.--The Secretary is authorized to undertake a study
of the economic and noneconomic costs, benefits, and impacts of
acquiring by purchase, exchange, or otherwise sediment from domestic
and nondomestic sources for shoreline protection.
(b) Report.--Upon completion of the study, the Secretary shall
report to Congress on the availability, benefits, and impacts, of using
domestic and nondomestic sources of sediment for shoreline protection.
SEC. 1144. PRIORITIZATION OF CERTAIN PROJECTS.
The Secretary shall give priority to a project for flood risk
management if--
(1) there is an executed project partnership agreement for the
project; and
(2) the project is located in an area--
(A) with respect to which--
(i) there has been a loss of life due to flood events;
and
(ii) the President has declared that a major disaster
or emergency exists under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170); or
(B) that is at significant risk for catastrophic flooding.
SEC. 1145. GULF COAST OYSTER BED RECOVERY ASSESSMENT.
(a) Gulf States Defined.--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 Assessment.--The Secretary, in
coordination with the Gulf States, shall conduct an assessment relating
to the recovery of oyster beds on the coasts of the Gulf States that
were damaged by events, including--
(1) Hurricane Katrina in 2005;
(2) the Deepwater Horizon oil spill in 2010; and
(3) floods in 2011 and 2016.
(c) Inclusion.--The assessment conducted under subsection (b) shall
address the beneficial use of dredged material in providing substrate
for oyster bed development.
(d) Report.--Not later than 180 days 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
assessment conducted under subsection (b).
SEC. 1146. INITIATING WORK ON SEPARABLE ELEMENTS.
With respect to a water resources development project that has
received construction funds in the previous 6-year period, for purposes
of initiating work on a separable element of the project--
(1) no new start or new investment decision shall be required;
and
(2) the work shall be treated as ongoing work.
SEC. 1147. LOWER BOIS D'ARC CREEK RESERVOIR PROJECT, FANNIN COUNTY,
TEXAS.
(a) Finalization Required.--The Secretary shall ensure that
environmental decisions and reviews related to the construction of,
impoundment of water in, and operation of the Lower Bois d'Arc Creek
Reservoir Project, including any associated water transmission
facilities, by the North Texas Municipal Water District in Fannin
County, Texas, are made on an expeditious basis using the fastest
applicable process.
(b) Interim Report.--Not later than June 30, 2017, the Secretary
shall report to Congress on the implementation of subsection (a).
SEC. 1148. RECREATIONAL ACCESS AT CORPS OF ENGINEERS RESERVOIRS.
Section 1035 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1234) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Recreational Access.--The Secretary shall allow the use of a
floating cabin on waters under the jurisdiction of the Secretary in the
Cumberland River basin if--
``(1) the floating cabin--
``(A) is in compliance with, and maintained by the owner to
satisfy the requirements of, regulations for recreational
vessels, including health and safety standards, issued under
chapter 43 of title 46, United States Code, and section 312 of
the Federal Water Pollution Control Act (33 U.S.C. 1322); and
``(B) is located at a marina leased by the Corps of
Engineers; and
``(2) the Secretary has authorized the use of recreational
vessels on such waters.''; and
(2) by adding at the end the following:
``(c) Limitation on Statutory Construction.--
``(1) In general.--Nothing in this section may be construed to
authorize the Secretary to impose requirements on a floating cabin
or on any facility that serves a floating cabin, including marinas
or docks located on waters under the jurisdiction of the Secretary
in the Cumberland River basin, that are different or more stringent
than the requirements imposed on all recreational vessels
authorized to use such waters.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) Vessel.--The term `vessel' has the meaning given that
term in section 3 of title 1, United States Code.
``(B) Requirement.--The term `requirement' includes a
requirement imposed through the utilization of guidance.''.
SEC. 1149. NO WAKE ZONES IN NAVIGATION CHANNELS.
(a) In General.--At the request of a State or local official, the
Secretary, in consultation with the Commandant of the Coast Guard,
shall promptly identify and, subject to the considerations in
subsection (b), allow the implementation of measures for addressing
navigation safety hazards in a covered navigation channel resulting
from wakes created by recreational vessels identified by such official,
while maintaining the navigability of the channel.
(b) Considerations.--In identifying measures under subsection (a)
with respect to a covered navigation channel, the Secretary shall
consider, at a minimum, whether--
(1) State or local law enforcement officers have documented the
existence of safety hazards in the channel that are the direct
result of excessive wakes from recreational vessels present in the
channel;
(2) the Secretary has made a determination that safety concerns
exist in the channel and that the proposed measures will remedy
those concerns without significant impacts to the navigable
capacity of the channel; and
(3) the measures are consistent with any recommendations made
by the Commandant of the Coast Guard to ensure the safety of
vessels operating in the channel and the safety of the passengers
and crew aboard such vessels.
(c) Covered Navigation Channel Defined.--In this section, the term
``covered navigation channel'' means a navigation channel that--
(1) is federally marked or maintained;
(2) is part of the Atlantic Intracoastal Waterway; and
(3) is adjacent to a marina.
(d) Savings Clause.--Nothing in this section shall be construed to
relieve the master, pilot, or other person responsible for determining
the speed of a vessel from the obligation to comply with the inland
navigation regulations promulgated pursuant to section 3 of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable
laws or regulations governing the safe navigation of a vessel.
SEC. 1150. 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) In general.--During fiscal years 2017 through 2022, the
Secretary shall identify and carry out not fewer than 10 projects
under this section to demonstrate technologies and designs
developed in accordance with this section.
(2) Project selection.--The Secretary shall ensure that the
projects are selected from all cold regions of the United States,
including the Upper Missouri River Basin and the Northeast.
SEC. 1151. 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) predisaster mitigation measures;
(3) lengthening the useful life of the infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and Considerations.--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. 1152. KENNEWICK MAN.
(a) Definitions.--In this section, the following definitions apply:
(1) Claimant tribes.--The term ``claimant tribes'' means the
Confederated Tribes of the Colville Reservation, the Confederated
Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, the
Confederated Tribes of the Umatilla Indian Reservation, and the
Wanapum Band of Priest Rapids.
(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 human remains
and repatriates the human remains to the claimant tribes.
(c) Terms and Conditions.--The transfer shall be subject to the
following terms and conditions:
(1) The release of the human remains to the claimant tribes is
contingent upon the claimant tribes following the Department's
requirements in the Revised Code of Washington.
(2) The claimant tribes verify to the Department their
agreement on the final burial place of the human remains.
(3) The claimant tribes verify to the Department their
agreement that the human remains will be buried in the State of
Washington.
(4) The claimant tribes verify to the Department their
agreement that the Department will take legal custody of the human
remains upon the transfer by the Secretary.
(d) Cost.--The Corps of Engineers shall be responsible for any
costs associated with the transfer.
(e) 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. 1153. 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.'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Additional Requirements.--
``(1) Applicable laws and regulations.--The Secretary may only
use materials or services accepted under this section if such
materials and services comply with all applicable laws and
regulations that would apply if such materials and services were
acquired by the Secretary.
``(2) Supplementary services.--The Secretary may only accept
and use services under this section that provide supplementary
services to existing Federal employees, and may only use such
services to perform work that would not otherwise be accomplished
as a result of funding or personnel limitations.''; and
(4) in subsection (d) (as redesignated by paragraph (2)) 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. 1154. 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. 1155. 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 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 non-Federal
public 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 entity that collects
user fees under paragraph (1)--
``(A) may 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)), shall use any
retained amount for operation, maintenance, and management
activities at the recreation site at which the fee is
collected.
``(3) Terms and conditions.--The authority of a non-Federal
public 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. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.
(a) In General.--Section 14 of the Act of March 3, 1899 (30 Stat.
1152, chapter 425; 33 U.S.C. 408), 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 of the activity 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 Corps
of Engineers shall, to the maximum extent practicable and
consistent with Federal laws--
``(i) participate in the review as a cooperating agency
(unless the Corps 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
must 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 applicable 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 such document, as determined by the Secretary, is
current and applicable.
``(3) Contributed funds.--The Secretary 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.
``(c) Timely Review.--
``(1) Complete application.--On or before the date that is 30
days after the date on which the Secretary receives an application
for permission to take action affecting public projects pursuant to
subsection (a), the Secretary shall inform the applicant whether
the application is complete and, if it is not, what items are
needed for the application to be complete.
``(2) Decision.--On or before the date that is 90 days after
the date on which the Secretary receives a complete application for
permission under subsection (a), the Secretary shall--
``(A) make a decision on the application; or
``(B) provide a schedule to the applicant identifying when
the Secretary will make a decision on the application.
``(3) Notification to congress.--In any case in which a
schedule provided under paragraph (2)(B) extends beyond 120 days
from the date of receipt of a complete application, the Secretary
shall provide to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives an explanation justifying the
extended timeframe for review.''.
(b) Guidance.--Section 1007 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 408a) is amended by adding at the
end the following:
``(f) Guidance.--
``(1) In general.--Not later than 120 days after the date of
enactment of this subsection, the Secretary shall issue guidance on
the implementation of this section.
``(2) Incorporation.--In issuing guidance under paragraph (1),
or any other regulation, guidance, or engineering circular related
to activities covered under section 14 of the Act of March 3, 1899
(30 Stat. 1152, chapter 425; 33 U.S.C. 408), the Secretary shall
incorporate the requirements under this section.
``(g) Prioritization.--The Secretary shall prioritize and complete
the activities required of the Secretary under this section.''.
SEC. 1157. PROJECT COMPLETION.
(a) Completion of Projects and Programs.--
(1) In general.--For any project or program of assistance
authorized under section 219 of the Water Resources Development Act
of 1992 (Public Law 102-580; 106 Stat. 4835), the Secretary is
authorized to carry out the project to completion if--
(A) 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;
(B) as of the date of enactment of this Act, significant
progress has been demonstrated toward completion of the project
or segments of the project but the project is not complete; and
(C) the benefits of the Federal investment will not be
realized without completion of the project.
(2) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$50,000,000 for fiscal years 2017 through 2021.
(b) Modification of Projects or Programs of Assistance.--Section
7001(f) of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d(f)) is amended by adding at the end the following:
``(5) Water resources development project.--The term `water
resources development project' includes a project under an
environmental infrastructure assistance program if authorized
before the date of enactment of the Water Resources Development Act
of 2016.''.
SEC. 1158. NEW ENGLAND DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Act of
July 27, 1953 (67 Stat. 199, chapter 245; 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 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 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 such first section
is appropriately reimbursed from funds appropriated for programs that
receive a benefit under this section.
SEC. 1159. BUFFALO DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Act of
July 27, 1953 (67 Stat. 199, chapter 245; 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 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 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 such first section
is appropriately reimbursed from funds appropriated for programs that
receive a benefit under this section.
SEC. 1160. FUTURE FACILITY INVESTMENT.
The first section of the Act of July 27, 1953 (67 Stat. 199,
chapter 245; 33 U.S.C. 576), is amended--
(1) by striking ``For establishment of a revolving fund'' and
inserting the following:
``(a) Revolving Fund.--For establishment of a revolving fund''; and
(2) by adding at the end the following:
``(b) Prohibition.--
``(1) In general.--No funds may be expended or obligated from
the revolving fund described in subsection (a) to newly construct,
or perform a major renovation on, a building for use by the Corps
of Engineers unless specifically authorized by law.
``(2) Statutory construction.--Nothing in this subsection may
be construed to--
``(A) change any authority provided under subchapter I of
chapter 169 of title 10; or
``(B) change the use of funds under subsection (a) for
purposes other than those described in paragraph (1).
``(c) Transmission to Congress of Prospectus.--To secure
consideration for an authorization under subsection (b), the Secretary
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representative and the Committee on Environment and Public
Works of the Senate a prospectus of the proposed construction or major
renovation of a building that includes--
``(1) a brief description of the building;
``(2) the location of the building;
``(3) an estimate of the maximum cost to be provided by the
revolving fund for the building to be constructed or renovated;
``(4) the total size of the building after the proposed
construction or major renovation;
``(5) the number of personnel proposed to be housed in the
building after the construction or major renovation;
``(6) a statement that other suitable space owned by the
Federal Government is not available;
``(7) a statement of rents and other housing costs currently
being paid for the tenants proposed to be housed in the building;
and
``(8) the size of the building currently housing the tenants
proposed to be housed in the building.
``(d) Provision of Building Project Surveys.--
``(1) In general.--If requested by resolution by the Committee
on Environment and Public Works of the Senate or the Committee on
Transportation and Infrastructure of the House of Representatives,
the Secretary shall create a building project survey for the
construction or major renovation of a building described in
subsection (b).
``(2) Report.--Within a reasonable time after creating a
building project survey under paragraph (1), the Secretary shall
submit to Congress a report on the survey that includes the
information required to be included in a prospectus under
subsection (c).
``(e) Major Renovation Defined.--In this section, the term `major
renovation' means a renovation or alteration of a building for use by
the Corps of Engineers with a total expenditure of more than
$20,000,000.''.
SEC. 1161. 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 a non-Federal interest for operation and maintenance
of the nonstructural and nonmechanical elements of a project, or a
component of a project, for ecosystem restoration shall cease 10 years
after the date on which the Secretary makes a determination of success
under subsection (b)(2).
``(f) Federal Obligations.--The Secretary is not responsible for
the operation or maintenance of any components of a project with
respect to which a non-Federal interest is released from obligations
under subsection (e).''.
SEC. 1162. 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.--
``(1) In general.--The Secretary, with the consent of the
applicable non-Federal interest, may use funds made available for
preconstruction engineering and design after 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.
``(2) Notification.--Prior to the expenditure of any funds for
a project pursuant to paragraph (1), the Secretary shall notify the
Committee on Appropriations and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Appropriations and the Committee on Environment and Public Works of
the Senate.
``(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. 1163. WETLANDS MITIGATION.
Section 2036(c) of the Water Resources Development Act of 2007 (33
U.S.C. 2317b) is amended to read as follows:
``(c) Mitigation Banks and In-Lieu Fee Arrangements.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2016, 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 approved by the Secretary and in-lieu fee programs
with an approved service area that includes the location of the
projected impacts of the water resources development project.
``(2) Requirements.--All potential mitigation bank and in-lieu
fee credits that meet the criteria under paragraph (1) shall be
considered a reasonable alternative for planning purposes if--
``(A) 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;
and
``(B) the Secretary determines that the use of such banks
or in-lieu fee programs provide reasonable assurance that the
statutory (and regulatory) mitigation requirements for a water
resources development project are met, including monitoring or
demonstrating mitigation success.
``(3) Effect.--Nothing in this subsection--
``(A) modifies or alters any requirement for a water
resources development project to comply with applicable laws or
regulations, including section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283); or
``(B) shall be construed as to limit mitigation
alternatives or require the use of mitigation banks or in-lieu
fee programs.''.
SEC. 1164. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 19; 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. 1165. DISPOSITION STUDIES.
(a) In General.--In carrying out a disposition study for a project
of the Corps of Engineers, including a disposition study under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a) or an assessment
under section 6002 of the Water Resources Reform and Development Act of
2014 (Public Law 113-121; 128 Stat. 1349), the Secretary shall consider
the extent to which the property concerned has economic, cultural,
historic, or recreational significance or impacts at the national,
State, or local level.
(b) Completion of Assessment and Inventory.--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. 1166. TRANSFER OF EXCESS CREDIT.
Section 1020(a) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2223(a)) is amended--
(1) 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
(2) by adding at the end the following:
``(2) Application prior to completion of project.--On request
of a non-Federal interest, the credit described in paragraph (1)
may be applied prior to completion of a study or project, if the
credit amount is verified by the Secretary.''.
SEC. 1167. HURRICANE AND STORM DAMAGE REDUCTION.
Section 3(c)(2)(B) of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g(c)(2)(B)), is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
SEC. 1168. 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. 1169. 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. 1170. 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. 1171. 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. 1172. EASEMENTS FOR ELECTRIC, TELEPHONE, OR BROADBAND SERVICE
FACILITIES.
(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. 1173. STUDY ON PERFORMANCE OF INNOVATIVE MATERIALS.
(a) Innovative Material Defined.--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,
including any coatings or other corrosion prevention methods used in
conjunction with such materials, 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 innovative materials in reducing
degradation;
(C) any statutory, fiscal, regulatory, or other 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 under subsection (b)(1).
SEC. 1174. CONVERSION OF SURPLUS WATER AGREEMENTS.
For the purposes of section 6 of the Act of December 22, 1944 (58
Stat. 890, chapter 665; 33 U.S.C. 708), 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 as of the date of enactment of this
section, the Secretary 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. 1175. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST FUND.
Beginning on June 10, 2014, and ending on the date of the
completion of the project for navigation, Lower Ohio River, Locks and
Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of
the Water Resources Development Act of 1988 (102 Stat. 4013), 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. 1176. REHABILITATION ASSISTANCE.
Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377;
33 U.S.C. 701n), is amended--
(1) in subsection (a) by adding at the end the following:
``(3) Nonstructural alternatives defined.--In this subsection,
the term `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 Chief of Engineers may increase the level of
protection above the level to which the system was designed, or, if the
repair or restoration includes repair or restoration of a pumping
station, 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 or restoration 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 and consult with the non-
Federal sponsor regarding the opportunity to request implementation of
nonstructural alternatives to the repair or restoration of a flood
control work under subsection (a).''.
SEC. 1177. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 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.
SEC. 1178. COLUMBIA 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) in subsection (d)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--In carrying out this section, the Secretary
may establish, operate, and maintain new or existing watercraft
inspection stations to protect the Columbia River Basin to be
located in the States of Idaho, Montana, Oregon, and Washington at
locations, as determined by the Secretary in consultation with such
States, with the highest likelihood of preventing the spread of
aquatic invasive species at reservoirs operated and maintained by
the Secretary. The Secretary shall also assist the States referred
to in this paragraph with rapid response to any aquatic invasive
species, including quagga or zebra mussel, infestation.''; and
(B) in paragraph (3)(A) by inserting ``Governors of the''
before ``States''; and
(2) in subsection (e) by striking paragraph (3) and inserting
the following:
``(3) assist States in early detection of aquatic invasive
species, including quagga and zebra mussels; and''.
(c) Tribal Assistance.--
(1) Assistance authorized.--
(A) In general.--Upon 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) to Indian tribes displaced as a result of the
construction of the Bonneville Dam, Oregon.
(B) Clarification.--
(i) In general.--The Secretary is authorized to provide
the assistance described in subparagraph (A) based on
information known or studies undertaken by the Secretary
prior to the date of enactment of this subsection.
(ii) Additional studies.--To the extent that the
Secretary determines necessary, the Secretary is authorized
to undertake additional studies to further examine any
impacts to Indian tribes identified in subparagraph (A)
beyond any information or studies identified under clause
(i), except that the Secretary is authorized to provide the
assistance described in subparagraph (A) based solely on
information known or studies undertaken by the Secretary
prior to the date of enactment of this subsection.
(2) Study of impacts of john day dam, oregon.--The Secretary
shall--
(A) conduct a study to determine the number of Indian
tribes displaced by the construction of the John Day Dam,
Oregon; and
(B) recommend to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a plan
to provide assistance to Indian tribes displaced as a result of
the construction of the John Day Dam, Oregon.
SEC. 1179. 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 a sediment
management plan shall share in the cost of development and
implementation of the plan and such cost shall be allocated among
the beneficiaries 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 a 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. 1310) 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. 1180. 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. 1181. SALTON SEA, CALIFORNIA.
(a) In General.--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 so
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)(i) (as redesignated by clause
(i))--
(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; 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''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1041) is amended by striking the item relating to section 3032
and inserting the following:
``3032. Salton Sea restoration program, California.''.
SEC. 1182. ADJUSTMENT.
Section 219(f) of the Water Resources Development Act of 1992
(Public Law 102-580) is amended--
(1) in paragraph (25) (113 Stat. 336)--
(A) by inserting ``Berkeley,'' before ``Calhoun,''; and
(B) by striking ``Orangeberg, and Sumter'' and inserting
``and Orangeberg''; and
(2) in paragraph (78) (121 Stat. 1258)--
(A) in the paragraph heading by striking ``St. clair
county,'' and inserting ``St. clair county, blount county, and
cullman county,''; and
(B) by striking ``St. Clair County,'' and inserting ``St.
Clair County, Blount County, and Cullman County,''.
SEC. 1183. COASTAL ENGINEERING.
(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 the beneficial reuse of
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 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.
(c) 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; and
(D) recommendations for the demonstration of methodologies
for resilience through the use of natural and nature-based
infrastructure approaches, as appropriate.
(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.
(d) 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
(c)(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.
(e) Reports.--The Secretary shall submit in the 2019 annual report
submitted to Congress in accordance with section 8 of the Act of August
11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 925(b)
of the Water Resources Development Act of 1986 (33 U.S.C. 2295(b)) all
reports and recommendations prepared under this section, together with
any necessary supporting documentation.
SEC. 1184. CONSIDERATION OF MEASURES.
(a) Definitions.--In this section, the following definitions apply:
(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 provide risk reduction in coastal areas by acting
in concert with natural processes.
(b) Requirement.--In studying the feasibility of projects for flood
risk management, hurricane and storm damage reduction, and ecosystem
restoration the Secretary shall, with the consent of the non-Federal
sponsor of the feasibility study, 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, and 5 and 10
years thereafter, 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. 1185. 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.--The membership of 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 permits 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 a new permit fee structure
based on the findings of the study described in subparagraph
(A).
SEC. 1186. RURAL WESTERN WATER.
Section 595 of the Water Resources Development Act of 1999 (Public
Law 106-53; 113 Stat. 383; 128 Stat. 1316) is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
``(h) Eligibility.--
``(1) In general.--Assistance under this section shall be made
available to all eligible States and locales described in
subsection (b) consistent with program priorities determined by the
Secretary in accordance with criteria developed by the Secretary to
establish the program priorities.
``(2) Selection of projects.--In selecting projects for
assistance under this section, the Secretary shall give priority to
a project located in an eligible State or local entity for which
the project sponsor is prepared to--
``(A) execute a new or amended project cooperation
agreement; and
``(B) commence promptly after the date of enactment of the
Water Resources Development Act of 2016.
``(3) Rural projects.--The Secretary shall consider a project
authorized under this section and an environmental infrastructure
project authorized under section 219 of the Water Resources
Development Act of 1992 (Public Law 102-580; 106 Stat. 4835) for
new starts on the same basis as any other similarly funded
project.''; and
(3) in subsection (i) (as redesignated by paragraph (1)) by
striking ``which shall--'' and all that follows through ``remain''
and inserting ``to remain''.
SEC. 1187. INTERSTATE COMPACTS.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is
amended by striking subsection (f).
SEC. 1188. 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; and
(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 with the involvement of regional
bodies.
SEC. 1189. 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).
Subtitle B--Studies
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to
Congress on Future Water Resources Development'' submitted to Congress
on January 29, 2015, and January 29, 2016, respectively, pursuant to
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Ouachita-black rivers, arkansas and louisiana.--Project for
navigation, Ouachita-Black Rivers, Arkansas and Louisiana.
(2) Cache creek settling basin, california.--Project for flood
damage reduction and ecosystem restoration, Cache Creek Settling
Basin, California.
(3) Coyote valley dam, california.--Project for flood control,
water conservation, and related purposes, Russian River Basin,
California, authorized by the River and Harbor Act of 1950 (64
Stat. 177), to modify the Coyote Valley Dam to add environmental
restoration as a project purpose and to increase water supply and
improve reservoir operations.
(4) Del rosa channel, city of san bernardino, california.--
Project for flood damage reduction and ecosystem restoration, Del
Rosa Channel, city of San Bernardino, California.
(5) Merced county streams, california.--Project for flood
damage reduction, Merced County Streams, California.
(6) Mission-zanja channel, cities of san bernardino and
redlands, california.--Project for flood damage reduction and
ecosystem restoration, Mission-Zanja Channel, cities of San
Bernardino and Redlands, California.
(7) Soboba indian reservation, california.--Project for flood
damage reduction, Soboba Indian Reservation, California.
(8) Indian river inlet, delaware.--Project for hurricane and
storm damage reduction, Indian River Inlet, Delaware.
(9) Lewes beach, delaware.--Project for hurricane and storm
damage reduction, Lewes Beach, Delaware.
(10) Mispillion complex, kent and sussex counties, delaware.--
Project for hurricane and storm damage reduction, Mispillion
Complex, Kent and Sussex Counties, Delaware.
(11) Daytona beach, florida.--Project for flood damage
reduction, Daytona Beach, Florida.
(12) Brunswick harbor, georgia.--Project for navigation,
Brunswick Harbor, Georgia.
(13) Dubuque, iowa.--Project for flood damage reduction,
Dubuque, Iowa.
(14) St. tammany parish, louisiana.--Project for flood damage
reduction and ecosystem restoration, St. Tammany Parish, Louisiana.
(15) Cattaraugus creek, new york.--Project for flood damage
reduction, Cattaraugus Creek, New York.
(16) Cayuga inlet, ithaca, new york.--Project for navigation
and flood damage reduction, Cayuga Inlet, Ithaca, New York.
(17) Delaware river basin, new york, new jersey, pennsylvania,
and delaware.--Projects for flood control, Delaware River Basin,
New York, New Jersey, Pennsylvania, and Delaware, authorized by
section 408 of the Act of July 24, 1946 (60 Stat. 644, chapter
596), and section 203 of the Flood Control Act of 1962 (76 Stat.
1182), to review operations of the projects to enhance
opportunities for ecosystem restoration and water supply.
(18) Silver creek, hanover, new york.--Project for flood damage
reduction and ecosystem restoration, Silver Creek, Hanover, New
York.
(19) Stonycreek and little conemaugh rivers, pennsylvania.--
Project for flood damage reduction and recreation, Stonycreek and
Little Conemaugh Rivers, Pennsylvania.
(20) Tioga-hammond lake, pennsylvania.--Project for ecosystem
restoration, Tioga-Hammond Lake, Pennsylvania.
(21) Brazos river, fort bend county, texas.--Project for flood
damage reduction in the vicinity of the Brazos River, Fort Bend
County, Texas.
(22) Chacon creek, city of laredo, texas.--Project for flood
damage reduction, ecosystem restoration, and recreation, Chacon
Creek, city of Laredo, Texas.
(23) Corpus christi ship channel, texas.--Project for
navigation, Corpus Christi Ship Channel, Texas.
(24) City of el paso, texas.--Project for flood damage
reduction, city of El Paso, Texas.
(25) Gulf intracoastal waterway, brazoria and matagorda
counties, texas.--Project for navigation and hurricane and storm
damage reduction, Gulf Intracoastal Waterway, Brazoria and
Matagorda Counties, Texas.
(26) Port of bay city, texas.--Project for navigation, Port of
Bay City, Texas.
(27) Chincoteague island, virginia.--Project for hurricane and
storm damage reduction, navigation, and ecosystem restoration,
Chincoteague Island, Virginia.
(28) Burley creek watershed, kitsap county, washington.--
Project for flood damage reduction and ecosystem restoration,
Burley Creek Watershed, Kitsap County, Washington.
(29) Savannah river below augusta, georgia.--Project for
ecosystem restoration, water supply, recreation, and flood control,
Savannah River below Augusta, Georgia.
(30) Johnstown, pennsylvania.--Project for flood damage
reduction, Johnstown, Pennsylvania.
SEC. 1202. ADDITIONAL STUDIES.
(a) 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.--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.
(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 Development Act of 2007 (33 U.S.C. 3301)) is
classified as 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.
(b) 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.
(c) 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)'';
(2) in subsection (d) by striking ``the Secretary of Homeland
Security'' and inserting ``the Secretary of the department in which
the Coast Guard is operating''; and
(3) 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 the department in
which the Coast Guard is operating to identify benefits in carrying
out the missions specified in section 888 of the Homeland Security
Act of 2002 (6 U.S.C. 468) associated with an Arctic deep draft
port;
``(2) shall consult with the Secretary of Defense to identify
national security benefits associated with an Arctic deep draft
port; and
``(3) may consider such benefits in determining whether an
Arctic deep draft port is feasible.''.
(d) 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.
SEC. 1203. 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
``carry out a comprehensive assessment and management plan'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Study'' and
inserting ``Assessment and Plan''; and
(B) in the matter preceding paragraph (1) by striking
``study'' and inserting ``assessment and plan''; and
(3) in subsection (c)(1) by striking ``study'' and inserting
``assessment and plan''.
SEC. 1204. 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) 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 the risks and vulnerabilities
of the areas described in subsection (a) due to increased hurricane and
storm damage as a result of sea level rise.
SEC. 1205. TEXAS COASTAL AREA.
In carrying out the comprehensive plan 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, and
information developed by the Gulf Coast Community Protection and
Recovery District to expedite completion of the plan.
SEC. 1206. UPPER MISSISSIPPI AND ILLINOIS RIVERS.
(a) In General.--The Secretary shall conduct a study of the
riverine areas located within the Upper Mississippi River and Illinois
River basins to identify the risks and vulnerabilities of those areas
to increased flood damages.
(b) Requirements.--In carrying out the study under subsection (a),
the Secretary shall--
(1) conduct a comprehensive analysis of flood risk management
measures to maintain or enhance current levels of protection;
(2) identify risks and vulnerabilities in the areas affected by
flooding;
(3) recommend specific measures and actions to address the
risks and vulnerabilities described in paragraph (2);
(4) 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;
(5) develop basinwide hydrologic models for the Upper
Mississippi River System and improve analytical methods needed to
produce scientifically based recommendations for improvements to
flood risk management; and
(6) develop a long-term strategy for--
(A) addressing increased flood damages; 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) 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 and make publicly
available a report describing the results of the study conducted under
subsection (b).
SEC. 1207. 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.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $10,000,000,000 in water resources development
projects authorized by Congress that are no longer viable for
construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources;
or
(C) an authorizing purpose that is no longer relevant or
feasible;
(2) to create an expedited and definitive process for Congress
to deauthorize water resources development projects that are no
longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or separable
element of a project, authorized for construction before
November 8, 2007, for which--
(i) planning, design, or construction was not initiated
before the date of enactment of this Act; or
(ii) planning, design, or construction was initiated
before the date of enactment of this Act, but for which no
funds, Federal or non-Federal, were obligated for planning,
design, or construction of the project or separable element
of the project during the current fiscal year or any of the
6 preceding fiscal years; and
(B) each project or separable element identified and
included on a list to Congress for deauthorization pursuant to
section 1001(b)(2) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)(2)).
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments from
the public and the Governors of each applicable State on the
interim deauthorization list developed under paragraph (1).
(B) Comment period.--The public comment period shall be 90
days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives; and
(B) publish the revised interim deauthorization list in the
Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects, or
separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall prepare a
proposed final deauthorization list of projects and separable
elements of projects that have, in the aggregate, an estimated
Federal cost to complete that is at least $10,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to complete
shall take into account any allowances authorized by section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280), as applied to the most recent project schedule and cost
estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify projects
and separable elements of projects for inclusion on the
proposed final deauthorization list according to the order
in which the projects and separable elements of the
projects were authorized, beginning with the earliest
authorized projects and separable elements of projects and
ending with the latest project or separable element of a
project necessary to meet the aggregate amount under
paragraph (2)(A).
(ii) Factors to consider.--The Secretary may identify
projects and separable elements of projects in an order
other than that established by clause (i) if the Secretary
determines, on a case-by-case basis, that a project or
separable element of a project is critical for interests of
the United States, based on the possible impact of the
project or separable element of the project on public
health and safety, the national economy, or the
environment.
(iii) Consideration of public comments.--In making
determinations under clause (ii), the Secretary shall
consider any comments received under subsection (b)(2).
(B) Appendix.--The Secretary shall include as part of the
proposed final deauthorization list an appendix that--
(i) identifies each project or separable element of a
project on the interim deauthorization list developed under
subsection (b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project or separable
element is not included on the proposed final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments from
the public and the Governor of each applicable State on the
proposed final deauthorization list and appendix developed
under paragraphs (2) and (3).
(B) Comment period.--The public comment period shall be 90
days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the comment
period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an appendix to
the final deauthorization list in a report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) publish the final deauthorization list and the appendix
to the final deauthorization list in the Federal Register.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final deauthorization
list and appendix under subsection (c), a project or separable
element of a project identified in the final deauthorization list
is hereby deauthorized, unless Congress passes a joint resolution
disapproving the final deauthorization list prior to the end of
such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list under
subsection (c) shall not be deauthorized under this subsection
if, before the expiration of the 180-day period referred to in
paragraph (1), the non-Federal interest for the project or
separable element of the project provides sufficient funds to
complete the project or separable element of the project.
(B) Treatment of projects.--Notwithstanding subparagraph
(A), each project and separable element of a project identified
in the final deauthorization list shall be treated as
deauthorized for purposes of the aggregate deauthorization
amount specified in subsection (c)(2)(A).
(3) Projects identified in appendix.--A project or separable
element of a project identified in the appendix to the final
deauthorization list shall remain subject to future deauthorization
by Congress.
(e) Special Rule for Projects Receiving Funds for Post-
Authorization Study.--A project or separable element of a project may
not be identified on the interim deauthorization list developed under
subsection (b), or the final deauthorization list developed under
subsection (c), if the project or separable element received funding
for a post-authorization study during the current fiscal year or any of
the 6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following definitions
apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under section 905 of
the Water Resources Development Act of 1986 (33 U.S.C.
2282);
(ii) a feasibility study, as defined in section 105(d)
of the Water Resources Development Act of 1986 (33 U.S.C.
2215(d)); or
(iii) a review conducted under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), including an initial
appraisal that--
(I) demonstrates a Federal interest; and
(II) requires additional analysis for the project
or separable element.
(B) Water resources development project.--The term ``water
resources development project'' includes an environmental
infrastructure assistance project or program of the Corps of
Engineers.
(2) Treatment of project modifications.--For purposes of this
section, if an authorized water resources development project or
separable element of the project has been modified by an Act of
Congress, the date of the authorization of the project or separable
element shall be deemed to be the date of the most recent
modification.
(g) Repeal.--Subsection (a) and subsections (c) through (f) of
section 6001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 579b) are repealed.
SEC. 1302. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project, or
separable element of such a project, authorized for construction by
this Act shall not be authorized after the last day of the 10-year
period beginning on the date of enactment of this Act unless--
(A) funds have been obligated for construction of, or a
post-authorization study for, such project or separable element
during that period; or
(B) the authorization contained in this Act has been
modified by a subsequent Act of Congress.
(2) Identification of projects.--Not later than 60 days after
the expiration of the 10-year period referred to in paragraph (1),
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 the projects deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on 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, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog and
any recommendations to Congress regarding how to mitigate current
problems and the backlog.
SEC. 1303. VALDEZ, ALASKA.
(a) In General.--Subject to subsection (b), the portion of the
project for navigation, Valdez, Alaska, identified as Tract G, Harbor
Subdivision, shall not be subject to navigational servitude beginning
on the date of enactment of this Act.
(b) Entry by Federal Government.--The Federal Government may enter
upon the property referred to in subsection (a) to carry out any
required operation and maintenance of the general navigation features
of the project referred to in subsection (a).
SEC. 1304. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES COUNTY,
CALIFORNIA.
(a) In General.--The Secretary shall--
(1) prioritize the updating of the water control manuals for
control structures for the project for flood control, Los Angeles
County Drainage Area, Los Angeles County, California, authorized by
section 101(b) of the Water Resources Development Act of 1990
(Public Law 101-640; 104 Stat. 4611); and
(2) integrate and incorporate into the project seasonal
operations for water conservation and water supply.
(b) Participation.--The update referred to in subsection (a) shall
be done in coordination with all appropriate Federal agencies, elected
officials, and members of the public.
SEC. 1305. SUTTER BASIN, CALIFORNIA.
(a) 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 in item
8 of the table contained in section 7002(2) 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.
(b) Savings Provisions.--The deauthorization under subsection (a)
does not affect--
(1) the national economic development plan separable element
reflected in the report of the Chief of Engineers dated March 12,
2014, and authorized for construction in item 8 of the table
contained in section 7002(2) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1366); or
(2) previous authorizations providing for the Sacramento River
and major and minor tributaries project, including--
(A) section 2 of the Act of March 1, 1917 (39 Stat. 949,
chapter 144);
(B) section 10 of the Act of December 22, 1944 (58 Stat.
900, chapter 665);
(C) section 204 of the Flood Control Act of 1950 (64 Stat.
177, chapter 188); and
(D) 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.
SEC. 1306. ESSEX RIVER, MASSACHUSETTS.
(a) Deauthorization.--The portions of the project for navigation,
Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27
Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30
Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073,
chapter 2509), that do not lie within the areas described in subsection
(b) are no longer authorized beginning on the date of enactment of this
Act.
(b) Description of Project Areas.--The areas described in this
subsection are as follows: Beginning at a point N3056139.82 E851780.21,
thence southwesterly about 156.88 feet to a point N3055997.75
E851713.67; thence southwesterly about 64.59 feet to a point
N3055959.37 E851661.72; thence southwesterly about 145.14 feet to a
point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to
a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet
to a point N3055976.70 E850927.78; thence northwesterly about 58.77
feet to a point N3056002.99 E850875.21; thence northwesterly about
240.57 feet to a point N3056232.82 E850804.14; thence northwesterly
about 203.60 feet to a point N3056435.41 E850783.93; thence
northwesterly about 78.63 feet to a point N3056499.63 E850738.56;
thence northwesterly about 60.00 feet to a point N3056526.30
E850684.81; thence southwesterly about 85.56 feet to a point
N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a
point N3056512.37 E850564.81; thence southwesterly about 80.10 feet to
a point N3056467.08 E850498.74; thence southwesterly about 169.05 feet
to a point N3056334.36 E850394.03; thence northwesterly about 48.52
feet to a point N3056354.38 E850349.83; thence northeasterly about
83.71 feet to a point N3056436.35 E850366.84; thence northeasterly
about 212.38 feet to a point N3056548.70 E850547.07; thence
northeasterly about 47.60 feet to a point N3056563.12 E850592.43;
thence northeasterly about 101.16 feet to a point N3056566.62
E850693.53; thence southeasterly about 80.22 feet to a point
N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a
point N3056449.88 E850822.69; thence southeasterly about 210.12 feet to
a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet
to a point N3056031.13 E850908.38; thence southeasterly about 38.23
feet to a point N3056014.02 E850942.57; thence southeasterly about
410.93 feet to a point N3055896.06 E851336.21; thence northeasterly
about 188.43 feet to a point N3055925.46 E851522.33; thence
northeasterly about 135.47 feet to a point N3055992.91 E851639.80;
thence northeasterly about 52.15 feet to a point N3056023.90
E851681.75; thence northeasterly about 91.57 feet to a point
N3056106.82 E851720.59.
SEC. 1307. PORT OF CASCADE LOCKS, OREGON.
(a) Extinguishment of Portions of Existing Flowage Easement.--With
respect to the properties described in subsection (b), beginning on the
date of enactment of this Act, the flowage easements described in
subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the
ordinary high water line.
(b) Affected Properties.--The properties described in this
subsection, as recorded in Hood River County, Oregon, are as follows:
(1) Lots 3, 4, 5, and 7 of the ``Port of Cascade Locks Business
Park'' subdivision, Instrument Number 2014-00436.
(2) Parcels 1, 2, and 3 of Hood River County Partition, Plat
Number 2008-25P.
(c) Flowage Easements.--The flowage easements described in this
subsection are identified as Tracts 302E-1 and 304E-1 on the easement
deeds recorded as instruments in Hood River County, Oregon, and
described as follows:
(1) A flowage easement dated October 3, 1936, recorded December
1, 1936, book 25, page 531 (Records of Hood River County, Oregon),
in favor of the United States (302E-1-Perpetual Flowage Easement
from 10/5/37, 10/5/36, and 10/3/36; previously acquired as Tracts
OH-36 and OH-41 and a portion of Tract OH-47).
(2) A flowage easement dated October 5, 1936, recorded October
17, 1936, book 25, page 476 (Records of Hood River County, Oregon),
in favor of the United States, affecting that portion below the 94-
foot contour line above main sea level (304 E1-Perpetual Flowage
Easement from 8/10/37 and 10/3/36; previously acquired as Tract OH-
042 and a portion of Tract OH-47).
(d) Federal Liabilities; Cultural, Environmental, and Other
Regulatory Reviews.--
(1) Federal liability.--The United States shall not be liable
for any injury caused by the extinguishment of an easement under
this section.
(2) Cultural and environmental regulatory actions.--Nothing in
this section establishes any cultural or environmental regulation
relating to the properties described in subsection (b).
(e) Effect on Other Rights.--Nothing in this section affects any
remaining right or interest of the Corps of Engineers in the properties
described in subsection (b).
SEC. 1308. CENTRAL DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA.
(a) Area To Be Declared Nonnavigable.--Subject to subsection (c),
unless the Secretary finds, after consultation with local and regional
public officials (including local and regional public planning
organizations), that there are substantive objections, those portions
of the Delaware River, bounded by the former bulkhead and pierhead
lines that were established by the Secretary of War and successors and
described as follows, are declared to be nonnavigable waters of the
United States:
(1) 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, 53, 48, 46, 40, and
38.
(2) 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: 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.
(b) Public Interest Determination.--The Secretary shall make the
public interest determination under subsection (a) separately for each
proposed project to be undertaken within the boundaries described in
subsection (a), using reasonable discretion, not later than 150 days
after the date of submission of appropriate plans for the proposed
project.
(c) Limits on Applicability.--The declaration under subsection (a)
shall apply only to those parts of the areas described in subsection
(a) that are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina and recreation facilities.
SEC. 1309. HUNTINGDON COUNTY, PENNSYLVANIA.
(a) In General.--The Secretary shall--
(1) prioritize the updating of the master plan for the Juniata
River and tributaries project, Huntingdon County, Pennsylvania,
authorized by section 203 of the Flood Control Act of 1962 (Public
Law 87-874; 76 Stat. 1182); and
(2) ensure that alternatives for additional recreation access
and development at the project are fully assessed, evaluated, and
incorporated as a part of the update.
(b) Participation.--The update referred to in subsection (a) shall
be done in coordination with all appropriate Federal agencies, elected
officials, and members of the public.
(c) Inventory.--In carrying out the update under subsection (a),
the Secretary shall include an inventory of those lands that are not
necessary to carry out the authorized purposes of the project.
SEC. 1310. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA.
Section 38(c) of the Water Resources Development Act of 1988 (33
U.S.C. 59j-1(c)) is amended--
(1) by striking ``(except 30 years from such date of enactment,
in the case of the area or any part thereof described in subsection
(a)(5))''; and
(2) by adding at the end the following: ``Notwithstanding the
preceding sentence, the declaration of nonnavigability for the area
described in subsection (a)(5), or any part thereof, shall not
expire.''.
SEC. 1311. SALT CREEK, GRAHAM, TEXAS.
(a) 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), is no longer authorized as a
Federal project beginning on the date of enactment of this Act.
(b) Certain Project-Related Claims.--The non-Federal interest for
the project shall hold and save the United States harmless from any
claim that has arisen, or that may arise, in connection with the
project.
(c) Transfer.--The Secretary is authorized to transfer any land
acquired by the Federal Government for the project on behalf of the
non-Federal interest that remains in Federal ownership on or after the
date of enactment of this Act to the non-Federal interest.
(d) Reversion.--If the Secretary determines that land transferred
under subsection (c) ceases to be owned by the public, all right,
title, and interest in and to the land and improvements thereon shall
revert, at the discretion of the Secretary, to the United States.
SEC. 1312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS.
(a) In General.--The portion of the Texas City Ship Channel, Texas
City, Texas, described in subsection (b) shall not be subject to
navigational servitude beginning on the date of enactment of this Act.
(b) Description.--The portion of the Texas City Ship Channel
described in this subsection is a tract or parcel containing 393.53
acres (17,142,111 square feet) of land situated in the City of Texas
City Survey, Abstract Number 681, and State of Texas Submerged Lands
Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract
being more particularly described as follows:
(1) Beginning at the intersection of an edge of fill along
Galveston Bay with the most northerly east survey line of said City
of Texas City Survey, Abstract No. 681, the same being a called
375.75 acre tract patented by the State of Texas to the City of
Texas City and recorded in Volume 1941, Page 750 of the Galveston
County Deed Records (G.C.D.R.), from which a found U.S. Army Corps
of Engineers Brass Cap stamped ``R 4-3'' set in the top of the
Texas City Dike along the east side of Bay Street bears North 56
14' 32'' West, a distance of 6,045.31 feet and from which a found
U.S. Army Corps of Engineers Brass Cap stamped ``R 4-2'' set in the
top of the Texas City Dike along the east side of Bay Street bears
North 49 13' 20'' West, a distance of 6,693.64 feet.
(2) Thence, over and across said State Tracts 98A and 99A and
along the edge of fill along said Galveston Bay, the following 8
courses and distances:
(A) South 75 49' 13'' East, a distance of 298.08 feet to
an angle point of the tract herein described.
(B) South 81 16' 26'' East, a distance of 170.58 feet to
an angle point of the tract herein described.
(C) South 79 20' 31'' East, a distance of 802.34 feet to
an angle point of the tract herein described.
(D) South 75 57' 32'' East, a distance of 869.68 feet to a
point for the beginning of a non-tangent curve to the right.
(E) Easterly along said non-tangent curve to the right
having a radius of 736.80 feet, a central angle of 24 55'
59'', a chord of South 68 47' 35'' East - 318.10 feet, and an
arc length of 320.63 feet to a point for the beginning of a
non-tangent curve to the left.
(F) Easterly along said non-tangent curve to the left
having a radius of 373.30 feet, a central angle of 31 57'
42'', a chord of South 66 10' 42'' East - 205.55 feet, and an
arc length of 208.24 feet to a point for the beginning of a
non-tangent curve to the right.
(G) Easterly along said non-tangent curve to the right
having a radius of 15,450.89 feet, a central angle of 02 04'
10'', a chord of South 81 56' 20'' East - 558.04 feet, and an
arc length of 558.07 feet to a point for the beginning of a
compound curve to the right and the northeasterly corner of the
tract herein described.
(H) Southerly along said compound curve to the right and
the easterly line of the tract herein described, having a
radius of 1,425.00 feet, a central angle of 133 08' 00'', a
chord of South 14 20' 15'' East - 2,614.94 feet, and an arc
length of 3,311.15 feet to a point on a line lying 125.00 feet
northerly of and parallel with the centerline of an existing
levee for the southeasterly corner of the tract herein
described.
(3) Thence, continuing over and across said State Tracts 98A
and 99A and along lines lying 125.00 feet northerly of, parallel,
and concentric with the centerline of said existing levee, the
following 12 courses and distances:
(A) North 78 01' 58'' West, a distance of 840.90 feet to
an angle point of the tract herein described.
(B) North 76 58' 35'' West, a distance of 976.66 feet to
an angle point of the tract herein described.
(C) North 76 44' 33'' West, a distance of 1,757.03 feet to
a point for the beginning of a tangent curve to the left.
(D) Southwesterly, along said tangent curve to the left
having a radius of 185.00 feet, a central angle of 82 27'
32'', a chord of South 62 01' 41'' West - 243.86 feet, and an
arc length of 266.25 feet to a point for the beginning of a
compound curve to the left.
(E) Southerly, along said compound curve to the left having
a radius of 4,535.58 feet, a central angle of 11 06' 58'', a
chord of South 15 14' 26'' West - 878.59 feet, and an arc
length of 879.97 feet to an angle point of the tract herein
described.
(F) South 64 37' 11'' West, a distance of 146.03 feet to
an angle point of the tract herein described.
(G) South 67 08' 21'' West, a distance of 194.42 feet to
an angle point of the tract herein described.
(H) North 34 48' 22'' West, a distance of 789.69 feet to
an angle point of the tract herein described.
(I) South 42 47' 10'' West, a distance of 161.01 feet to
an angle point of the tract herein described.
(J) South 42 47' 10'' West, a distance of 144.66 feet to a
point for the beginning of a tangent curve to the right.
(K) Westerly, along said tangent curve to the right having
a radius of 310.00 feet, a central angle of 59 50' 28'', a
chord of South 72 42' 24'' West - 309.26 feet, and an arc
length of 323.77 feet to an angle point of the tract herein
described.
(L) North 77 22' 21'' West, a distance of 591.41 feet to
the intersection of said parallel line with the edge of fill
adjacent to the easterly edge of the Texas City Turning Basin
for the southwesterly corner of the tract herein described,
from which a found U.S. Army Corps of Engineers Brass Cap
stamped ``SWAN 2'' set in the top of a concrete column set
flush in the ground along the north bank of Swan Lake bears
South 20 51' 58'' West, a distance of 4,862.67 feet.
(4) Thence, over and across said City of Texas City Survey and
along the edge of fill adjacent to the easterly edge of said Texas
City Turning Basin, the following 18 courses and distances:
(A) North 01 34' 19'' East, a distance of 57.40 feet to an
angle point of the tract herein described.
(B) North 05 02' 13'' West, a distance of 161.85 feet to
an angle point of the tract herein described.
(C) North 06 01' 56'' East, a distance of 297.75 feet to
an angle point of the tract herein described.
(D) North 06 18' 07'' West, a distance of 71.33 feet to an
angle point of the tract herein described.
(E) North 07 21' 09'' West, a distance of 122.45 feet to
an angle point of the tract herein described.
(F) North 26 41' 15'' West, a distance of 46.02 feet to an
angle point of the tract herein described.
(G) North 01 31' 59'' West, a distance of 219.78 feet to
an angle point of the tract herein described.
(H) North 15 54' 07'' West, a distance of 104.89 feet to
an angle point of the tract herein described.
(I) North 04 00' 34'' East, a distance of 72.94 feet to an
angle point of the tract herein described.
(J) North 06 46' 38'' West, a distance of 78.89 feet to an
angle point of the tract herein described.
(K) North 12 07' 59'' West, a distance of 182.79 feet to
an angle point of the tract herein described.
(L) North 20 50' 47'' West, a distance of 105.74 feet to
an angle point of the tract herein described.
(M) North 02 02' 04'' West, a distance of 184.50 feet to
an angle point of the tract herein described.
(N) North 08 07' 11'' East, a distance of 102.23 feet to
an angle point of the tract herein described.
(O) North 08 16' 00'' West, a distance of 213.45 feet to
an angle point of the tract herein described.
(P) North 03 15' 16'' West, a distance of 336.45 feet to a
point for the beginning of a non-tangent curve to the left.
(Q) Northerly along said non-tangent curve to the left
having a radius of 896.08 feet, a central angle of 14 00'
05'', a chord of North 09 36' 03'' West - 218.43 feet, and an
arc length of 218.97 feet to a point for the beginning of a
non-tangent curve to the right.
(R) Northerly along said non-tangent curve to the right
having a radius of 483.33 feet, a central angle of 19 13'
34'', a chord of North 13 52' 03'' East - 161.43 feet, and an
arc length of 162.18 feet to a point for the northwesterly
corner of the tract herein described.
(5) Thence, continuing over and across said City of Texas City
Survey, and along the edge of fill along said Galveston Bay, the
following 15 courses and distances:
(A) North 30 45' 02'' East, a distance of 189.03 feet to
an angle point of the tract herein described.
(B) North 34 20' 49'' East, a distance of 174.16 feet to a
point for the beginning of a non-tangent curve to the right.
(C) Northeasterly along said non-tangent curve to the right
having a radius of 202.01 feet, a central angle of 25 53'
37'', a chord of North 33 14' 58'' East - 90.52 feet, and an
arc length of 91.29 feet to a point for the beginning of a non-
tangent curve to the left.
(D) Northeasterly along said non-tangent curve to the left
having a radius of 463.30 feet, a central angle of 23 23'
57'', a chord of North 48 02' 53'' East - 187.90 feet, and an
arc length of 189.21 feet to a point for the beginning of a
non-tangent curve to the right.
(E) Northeasterly along said non-tangent curve to the right
having a radius of 768.99 feet, a central angle of 16 24'
19'', a chord of North 43 01' 40'' East - 219.43 feet, and an
arc length of 220.18 feet to an angle point of the tract herein
described.
(F) North 38 56' 50'' East, a distance of 126.41 feet to
an angle point of the tract herein described.
(G) North 42 59' 50'' East, a distance of 128.28 feet to a
point for the beginning of a non-tangent curve to the right.
(H) Northerly along said non-tangent curve to the right
having a radius of 151.96 feet, a central angle of 68 36'
31'', a chord of North 57 59' 42'' East - 171.29 feet, and an
arc length of 181.96 feet to a point for the most northerly
corner of the tract herein described.
(I) South 77 14' 49'' East, a distance of 131.60 feet to
an angle point of the tract herein described.
(J) South 84 44' 18'' East, a distance of 86.58 feet to an
angle point of the tract herein described.
(K) South 58 14' 45'' East, a distance of 69.62 feet to an
angle point of the tract herein described.
(L) South 49 44' 51'' East, a distance of 149.00 feet to
an angle point of the tract herein described.
(M) South 44 47' 21'' East, a distance of 353.77 feet to a
point for the beginning of a non-tangent curve to the left.
(N) Easterly along said non-tangent curve to the left
having a radius of 253.99 feet, a central angle of 98 53'
23'', a chord of South 83 28' 51'' East - 385.96 feet, and an
arc length of 438.38 feet to an angle point of the tract herein
described.
(O) South 75 49' 13'' East, a distance of 321.52 feet to
the point of beginning and containing 393.53 acres (17,142,111
square feet) of land.
SEC. 1313. STONINGTON HARBOUR, CONNECTICUT.
The portion of the project for navigation, Stonington Harbour,
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.
SEC. 1314. RED RIVER BELOW DENISON DAM, TEXAS, OKLAHOMA, ARKANSAS, AND
LOUISIANA.
The portion of the project for flood control with respect to the
Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana,
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.
SEC. 1315. GREEN RIVER AND BARREN RIVER, KENTUCKY.
(a) 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 disposed of--
(1) consistent with this section; and
(2) subject to such terms and conditions as the Secretary
determines to be necessary and appropriate in the public interest.
(b) Disposition.--
(1) 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 the land associated with
Green River Lock and Dam 3, located in Ohio County and Muhlenberg
County, Kentucky, together with any improvements on the land.
(2) 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 the land associated with Green River Lock
and Dam 4, located in Butler County, Kentucky, together with any
improvements on the land.
(3) 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 the land
associated with Green River Lock and Dam 5, located in Edmonson
County, Kentucky, together with any improvements on the land, for
the purposes of--
(A) removing Lock and Dam 5 from the river at the earliest
feasible time; and
(B) making the land available for conservation and public
recreation, including river access.
(4) Green river lock and dam 6.--
(A) In general.--The Secretary shall transfer to the
Secretary of the Interior administrative jurisdiction over the
portion of the land associated with 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.
(B) Transfer to the state of kentucky.--The Secretary shall
convey to the State of Kentucky all right, title, and interest
of the United States in and to the portion of the land
associated with 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 Lock and Dam 6 from the river at the
earliest feasible time; and
(ii) making the land available for conservation and
public recreation, including river access.
(5) 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 the land associated with 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--
(A) removing Lock and Dam 1 from the river at the earliest
feasible time; and
(B) making the land available for conservation and public
recreation, including river access.
(c) Conditions.--
(1) In general.--The exact acreage and legal description of any
land to be disposed of, transferred, or conveyed under this section
shall be determined by a survey satisfactory to the Secretary.
(2) Quitclaim deed.--A conveyance under paragraph (1), (2),
(4), or (5) of subsection (b) shall be accomplished by quitclaim
deed and without consideration.
(3) Administrative costs.--The Secretary shall be responsible
for all administrative costs associated with a transfer or
conveyance under this section, including the costs of a survey
carried out under paragraph (1).
(4) Reversion.--If the Secretary determines that the land
conveyed under this section is not used by a non-Federal entity for
a purpose that is consistent with the purpose of the 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.
SEC. 1316. 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 (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.
SEC. 1317. LAND TRANSFER AND TRUST LAND FOR 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 project; 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. 1318. CAMERON COUNTY, TEXAS.
(a) Release.--As soon as practicable after the date of enactment of
this Act, the Secretary shall execute and file in the appropriate
office a deed of release, amended deed, or other appropriate instrument
effectuating the release of the interests of the United States in
certain tracts of land located in Cameron County, Texas, as described
in subsection (d).
(b) Additional Terms and Conditions.--The Secretary may require
that any release under this section be subject to such additional terms
and conditions as the Secretary considers appropriate and necessary to
protect the interests of the United States.
(c) Costs of Conveyance.--The Brownsville Navigation District shall
be responsible for all reasonable and necessary costs, including real
estate transaction and environmental documentation costs, associated
with the releases.
(d) Description.--The Secretary shall release all or portions of
the interests in the following tracts as determined by a survey to be
paid for by the Brownsville Navigation District, that is satisfactory
to the Secretary:
(1) Tract No. 1: Being 1,277.80 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated September 22, 1932,
and recorded at Volume 238, pages 578 through 580, in the Deed
Records of Cameron County, Texas, to be released and abandoned in
its entirety, save and except approximately 361.03 Acres, comprised
of the area designated by the U.S. Army Corps of Engineers as
required for the project known as Brazos Island Harbor Deepening,
and further save and except approximately 165.56 Acres for the
existing Dredged Material Placement Area No. 4A1.
(2) Tract No. 2: Being 842.28 Acres as condemned by the United
States of America by the Final Report of Commissioners dated May 6,
1938, and recorded at Volume 281, pages 486 through 488, in the
Deed Records of Cameron County, Texas, to be released and abandoned
in its entirety, save and except approximately 178.15 Acres
comprised of a strip 562 feet in width, being the area designated
by the U.S. Army Corps of Engineers as required for the project
known as Brazos Island Harbor Deepening, further save and except
approximately 76.95 Acres for the existing Dredged Material
Placement Area No. 4A1, and further save and except approximately
74.40 Acres for the existing Dredged Material Placement Area No.
4B1.
(3) Tract No. 3: Being 362.00 Acres as conveyed by the
Manufacturing and Distributing University to the United States of
America by instrument dated March 3, 1936, and recorded at Volume
``R'', page 123, in the Miscellaneous Deed Records of Cameron
County, Texas, to be released and abandoned in its entirety.
(4) Tract No. 4: Being 9.48 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated January 23, 1939, and
recorded at Volume 293, pages 115 through 118, in the Deed Records
of Cameron County, Texas (said 9.48 Acres are identified in said
instrument as the ``Second Tract''), to be released and abandoned
in its entirety, save and except approximately 1.97 Acres,
comprised of the area designated by the U.S. Army Corps of
Engineers as required for the project known as Brazos Island Harbor
Deepening, plus 5.0 feet.
(5) Tract No. 5: Being 10.91 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, by
instrument dated March 6, 1939, and recorded at Volume 293, pages
113 through 115, in the Deed Records of Cameron County, Texas (said
10.91 Acres are identified in said instrument as ``Third Tract''),
to be released and abandoned in its entirety, save and except
approximately 0.36 Acre, comprised of the area designated by the
U.S. Army Corps of Engineers as required for the project known as
Brazos Island Harbor Deepening.
(6) Tract No. 9: Being 552.82 Acres as condemned by the United
States of America by the Final Report of Commissioners dated May 6,
1938, and recorded at Volume 281, pages 483 through 486, in the
Deed Records of Cameron County, Texas, to be released and abandoned
in its entirety, save and except approximately 84.59 Acres,
comprised of the area designated by the U.S. Army Corps of
Engineers as required for the project known as Brazos Island Harbor
Deepening.
(7) Tract No. 10: Being 325.02 Acres as condemned by the United
States of America by the Final Report of Commissioners dated May 7,
1935, and recorded at Volume 281, pages 476 through 483, in the
Deed Records of Cameron County, Texas, to be released and abandoned
in its entirety, save and except approximately 76.81 Acres,
comprised of the area designated by the U.S. Army Corps of
Engineers as required for the project known as Brazos Island Harbor
Deepening.
(8) Tract No. 11: Being 8.85 Acres in as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated January 23, 1939, and
recorded at Volume 293, Pages 115 through 118, in the Deed Records
of Cameron County, Texas (said 8.85 Acres are identified in said
instrument as the ``First Tract''), to be released and abandoned in
its entirety, save and except approximately 0.30 Acres, comprised
of the area within the project known as Brazos Island Harbor
Deepening, plus 5.0 feet.
(9) Tract No. A100E: Being 13.63 Acres in as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated September 30, 1947,
and recorded at Volume 427, page 1 through 4 in the Deed Records of
Cameron County, to be released and abandoned in its entirety, save
and except approximately 6.60 Acres, comprised of the area
designated by the U.S. Army Corps of Engineers as required for the
existing project known as Brazos Island Harbor, plus 5.0 feet.
(10) Tract No. 122E: Being 31.4 Acres as conveyed by the
Brownsville Navigation District of Cameron County, Texas, to the
United States of America by instrument dated December 11, 1963 and
recorded at Volume 756, page 393 in the Deed Records of Cameron
County, Texas, to be released and abandoned in its entirety, save
and except approximately 4.18 Acres in Share 31 of the Espiritu
Santo Grant in Cameron County, Texas, and further save and except
approximately 2.04 Acres in Share 7 of the San Martin Grant in
Cameron County, Texas, being portions of the area designated by the
U.S. Army Corps of Engineers as required for the current project
known as Brazos Island Harbor, plus 5.0 feet.
SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
(a) Definitions.--In this section, the following definitions apply:
(1) New savannah bluff lock and dam.--The term ``New Savannah
Bluff Lock and Dam'' means--
(A) the lock and dam at New Savannah Bluff, Savannah River,
Georgia and South Carolina; and
(B) the appurtenant features to the lock and dam,
including--
(i) the adjacent approximately 50-acre park and
recreation area with improvements made under the project
for navigation, Savannah River below Augusta, Georgia,
authorized by the first section of the Act of July 3, 1930
(46 Stat. 924), and the first section of the Act of August
30, 1935 (49 Stat. 1032); and
(ii) other land that is part of the project and that
the Secretary determines to be appropriate for conveyance
under this section.
(2) 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 (Public Law 113-121; 128 Stat. 1364).
(b) Deauthorization.--
(1) In general.--Effective beginning on the date of enactment
of this Act--
(A) the New Savannah Bluff Lock and Dam is deauthorized;
and
(B) notwithstanding section 348(l)(2)(B) of the Water
Resources Development Act of 2000 (Public Law 106-541; 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.
(2) Repeal.--Section 348 of the Water Resources Development Act
of 2000 (Public Law 106-541; 114 Stat. 2630; 114 Stat. 2763A-228)
is amended--
(A) by striking subsection (l); and
(B) by redesignating subsections (m) and (n) as subsections
(l) and (m), respectively.
(c) Project Modifications.--
(1) In general.--Notwithstanding any other provision of law,
the Project is modified to include, as the Secretary determines to
be necessary--
(A)(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--
(I) to maintain the pool for navigation, water supply,
and recreational activities, as in existence on the date of
enactment of this Act; and
(II) to allow safe passage over the structure to
historic spawning grounds of shortnose sturgeon, Atlantic
sturgeon, and other migratory fish; or
(ii)(I) construction at an appropriate location across the
Savannah River of a structure 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
(II) removal of the New Savannah Bluff Lock and Dam on
completion of construction of the structure; and
(B) 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.
(2) Non-federal cost share.--The Federal share of the cost of
any Project feature constructed pursuant to paragraph (1) shall be
not greater than the share as provided by section 7002(1) of the
Water Resources Reform and Development Act of 2014 (Public Law 113-
121; 128 Stat. 1364) for the most cost-effective fish passage
structure.
(3) Operation and maintenance costs.--The Federal share of the
costs of operation and maintenance of any Project feature
constructed pursuant to paragraph (1) shall be consistent with the
cost sharing of the Project as provided by law.
SEC. 1320. HAMILTON CITY, CALIFORNIA.
Section 1001(8) of the Water Resources Development Act of 2007 (121
Stat. 1050) is modified to authorize the Secretary to construct the
project at a total cost of $91,000,000, with an estimated Federal cost
of $59,735,061 and an estimated non-Federal cost of $31,264,939.
SEC. 1321. 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) cease 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 nonpublic
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 on or before December 31,
2016, $31,344,841 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.
SEC. 1322. EXPEDITED CONSIDERATION.
(a) In General.--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 ``limited reevaluation report'';
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.''.
(b) Expedited Consideration.--
(1) Expedited completion of flood damage reduction and flood
risk management projects.--For authorized projects with a primary
purpose of flood damage reduction and flood risk management, the
Secretary shall provide priority funding for and expedite the
completion of the following projects:
(A) Chicagoland Underflow Plan, Illinois, including stage 2
of the McCook Reservoir, 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(b) of the Water Resources
Development Act of 1999 (Public Law 106-53; 113 Stat. 334).
(B) Cedar River, Cedar Rapids, Iowa, as authorized by
section 7002(2)(3) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1366).
(C) 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 104-303; 110 Stat. 3709)
and section 371 of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 321).
(D) 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 title I 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).
(E) The projects described in paragraphs (29) through (33)
of section 212(e) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)).
(2) Expedited completion of feasibility studies.--The Secretary
shall give priority funding and expedite completion of the reports
for the following projects, 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):
(A) The project for navigation, St. George Harbor, Alaska.
(B) The project for flood risk management, Rahway River
Basin, New Jersey.
(C) The Hudson-Raritan Estuary Comprehensive Restoration
Project.
(D) The project for navigation, Mobile Harbor, Alabama.
(E) The project for flood risk management, Little Colorado
River at Winslow, Navajo County, Arizona.
(F) The project for flood risk management, Lower San
Joaquin River, California. In carrying out the feasibility
study for the project, the Secretary shall include Reclamation
District 17 as part of the study.
(G) The project for flood risk management and ecosystem
restoration, Sacramento River Flood Control System, California.
(H) The project for hurricane and storm damage risk
reduction, Ft. Pierce, Florida.
(I) The project for flood risk management, Des Moines and
Raccoon Rivers, Iowa.
(J) The project for navigation, Mississippi River Ship
Channel, Louisiana.
(K) The project for flood risk management, North Branch
Ecorse Creek, Wayne County, Michigan.
(3) Expedited completion of post-authorization change report.--
The Secretary shall provide priority funding for, and expedite
completion of, a post-authorization change report for the project
for hurricane and storm damage risk reduction, New Hanover County,
North Carolina.
(4) Completion of projects under construction by non-federal
interests.--The Secretary shall expedite review and decision on
recommendations for the following projects for flood damage
reduction and flood risk management:
(A) Pearl River Basin, Mississippi, authorized by section
401(e)(3) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4132), as modified by section
3104 of the Water Resources Development Act of 2007 (Public Law
110-114; 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 (Public Law 113-121; 128 Stat. 1193)).
(B) Brays Bayou, Texas, authorized by section 101(a)(21) of
the Water Resources Development Act of 1990 (Public Law 101-
640; 104 Stat. 4610), as modified by section 211(f)(6) of the
Water Resources Development Act of 1996 (33 U.S.C. 701b-
13(f)(6)) (as in effect on the day before the date of enactment
of the Water Resources Reform and Development Act of 2014
(Public Law 113-121; 128 Stat. 1193)).
Subtitle D--Water Resources Infrastructure
SEC. 1401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress on January 29, 2015, and January 29, 2016, respectively,
pursuant to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are
authorized to be carried out by the Secretary substantially in
accordance with the plans, 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 Nov. 3, 2014 Federal: $121,023,000
Harbor Non-Federal: $89,453,000
Total: $210,476,000
------------------------------------------------------------------------
2. LA Calcasieu Lock Dec. 2, 2014 Total: $17,432,000 (to be
derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
3. NH, Portsmouth Harbor Feb. 8, 2015 Federal: $16,015,000
ME and Piscataqua Non-Federal: $5,338,000
River Total: $21,353,000
------------------------------------------------------------------------
4. FL Port Everglades Jun. 25, 2015 Federal: $229,770,000
Non-Federal: $107,233,000
Total: $337,003,000
------------------------------------------------------------------------
5. AK Little Diomede Aug. 10, 2015 Federal: $26,394,000
Harbor Non-Federal: $2,933,000
Total: $29,327,000
------------------------------------------------------------------------
6. SC Charleston Harbor Sep. 8, 2015 Federal: $231,239,000
Non-Federal: $271,454,000
Total: $502,693,000
------------------------------------------------------------------------
7. AK Craig Harbor Mar. 16, 2016 Federal: $29,456,000
Non-Federal: $3,299,000
Total: $32,755,000
------------------------------------------------------------------------
8. PA Upper Ohio Sep. 12, 2016 Total: $2,691,600,000 (to
be derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund).
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Leon Creek Jun. 30, 2014 Federal: $22,145,000
Watershed Non-Federal: $11,925,000
Total: $34,070,000
------------------------------------------------------------------------
2. MO, Armourdale and Jan. 27, 2015 Federal: $213,271,500
KS Central Non-Federal: $114,838,500
Industrial Total: $328,110,000
District Levee
Units, Missouri
River and
Tributaries at
Kansas Citys
------------------------------------------------------------------------
3. KS City of Manhattan Apr. 30, 2015 Federal: $16,151,000
Non-Federal: $8,697,000
Total: $24,848,000
------------------------------------------------------------------------
4. TN Mill Creek Oct. 16, 2015 Federal: $17,950,000
Non-Federal: $10,860,000
Total: $28,810,000
------------------------------------------------------------------------
5. KS Upper Turkey Creek Dec. 22, Federal: $25,610,000
Basin 2015 Non-Federal: $13,790,000
Total: $39,400,000
------------------------------------------------------------------------
6. NC Princeville Feb. 23, 2016 Federal: $14,080,000
Non-Federal: $7,582,000
Total: $21,662,000
------------------------------------------------------------------------
7. CA American River Apr. 26, 2016 Federal: $890,046,900
Common Features Non-Federal: $705,714,100
Total: $1,595,761,000
------------------------------------------------------------------------
8. CA West Sacramento Apr. 26, 2016 Federal: $788,861,000
Non-Federal: $424,772,000
Total: $1,213,633,000.
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. SC Colleton County Sep. 5, 2014 Initial Federal:
$14,448,000
Initial Non-Federal:
$7,780,000
Initial Total: $22,228,000
Renourishment Federal:
$17,491,000
Renourishment Non-Federal:
$17,491,000
Renourishment Total:
$34,982,000
------------------------------------------------------------------------
2. FL Flagler County Dec. 23, 2014 Initial Federal: $9,561,000
Initial Non-Federal:
$5,149,000
Initial Total: $14,710,000
Renourishment Federal:
$15,814,000
Renourishment Non-Federal:
$15,815,000
Renourishment Total:
$31,629,000
------------------------------------------------------------------------
3. NC Carteret County Dec. 23, 2014 Initial Federal:
$25,468,000
Initial Non-Federal:
$13,714,000
Initial Total: $39,182,000
Renourishment Federal:
$120,428,000
Renourishment Non-Federal:
$120,429,000
Renourishment Total:
$240,857,000
------------------------------------------------------------------------
4. NJ Hereford Inlet to Jan. 23, 2015 Initial Federal:
Cape May Inlet, $14,823,000
Cape May County Initial Non-Federal:
$7,981,000
Initial Total: $22,804,000
Renourishment Federal:
$43,501,000
Renourishment Non-Federal:
$43,501,000
Renourishment Total:
$87,002,000
------------------------------------------------------------------------
5. LA West Shore Lake Jun. 12, 2015 Federal: $483,496,650
Pontchartrain Non-Federal: $260,344,350
Total: $743,841,000
------------------------------------------------------------------------
6. CA San Diego County Apr. 26, 2016 Initial Federal:
$20,953,000
Initial Non-Federal:
$11,282,000
Initial Total: $32,235,000
Renourishment Federal:
$70,785,000
Renourishment Non-Federal:
$70,785,000
Renourishment Total:
$141,570,000.
------------------------------------------------------------------------
(4) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Central Everglades Dec. 23, 2014 Federal: $993,131,000
Non-Federal: $991,544,000
Total: $1,984,675,000
------------------------------------------------------------------------
2. WA Skokomish River Dec. 14, 2015 Federal: $13,168,000
Non-Federal: $7,091,000
Total: $20,259,000
------------------------------------------------------------------------
3. WA Puget Sound Sep. 16, 2016 Federal: $300,009,000
Non-Federal: $161,543,000
Total: $461,552,000.
------------------------------------------------------------------------
(5) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. IL, Upper Des Plaines Jun. 8, 2015 Federal: $204,860,000
WI River and Non-Federal: $110,642,000
Tributaries Total: $315,502,000.
------------------------------------------------------------------------
(6) Flood risk management, ecosystem restoration, and
recreation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA South San Dec. 18, 2015 Federal: $70,511,000
Francisco Bay Non-Federal: $106,689,000
Shoreline Total: $177,200,000.
------------------------------------------------------------------------
(7) Ecosystem restoration and recreation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. OR Willamette River Dec. 14, 2015 Federal: $19,531,000
Non-Federal: $10,845,000
Total: $30,376,000
------------------------------------------------------------------------
2. CA Los Angeles River Dec. 18, 2015 Federal: $373,413,500
Non-Federal: $1,046,893,500
Total: $1,420,307,000.
------------------------------------------------------------------------
(8) Hurricane and storm damage risk reduction and ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. LA Southwest Coastal Jul. 29, 2016 Federal: $2,054,386,100
Louisiana Non-Federal: $1,106,207,900
Total: $3,160,594,000.
------------------------------------------------------------------------
(9) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Upper Trinity May 21, 2008 Federal: $526,500,000
River Non-Federal: $283,500,000
Total: $810,000,000
------------------------------------------------------------------------
2. KS, Turkey Creek Basin May 13, 2016 Federal: $101,491,650
MO Non-Federal: $54,649,350
Total: $156,141,000
------------------------------------------------------------------------
3. KY Ohio River May 13, 2016 Federal: $20,309,900
Shoreline Non-Federal: $10,936,100
Total: $31,246,000
------------------------------------------------------------------------
4. MO Blue River Basin May 13, 2016 Federal: $36,326,250
Non-Federal: $12,108,750
Total: $48,435,000
------------------------------------------------------------------------
5. FL Picayune Strand Jul. 15, 2016 Federal: $313,166,000
Non-Federal: $313,166,000
Total: $626,332,000
------------------------------------------------------------------------
6. MO Swope Park Jul. 15, 2016 Federal: $21,033,350
Industrial Area, Non-Federal: $11,325,650
Blue River Total: $32,359,000
------------------------------------------------------------------------
7. AZ Rio de Flag, Sep. 21, 2016 Federal: $66,844,900
Flagstaff Non-Federal: $36,039,100
Total: $102,884,000
------------------------------------------------------------------------
8. TX Houston Ship Nov. 4, 2016 Federal: $381,773,000
Channel Non-Federal: $127,425,000
Total: $509,198,000.
------------------------------------------------------------------------
SEC. 1402. SPECIAL RULES.
(a) Mill Creek.--The portion of the project for flood risk
management, Mill Creek, Tennessee, authorized by section 1401(2) of
this Act 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).
(b) Los Angeles River.--The Secretary shall carry out the project
for ecosystem restoration and recreation, Los Angeles River,
California, authorized by section 1401(7) of this Act substantially in
accordance with terms and conditions described in the Report of the
Chief of Engineers, dated December 18, 2015, including, notwithstanding
section 2008(c) of the Water Resources Development Act of 2007 (Public
Law 110-114; 121 Stat. 1074), the recommended cost share.
(c) Upper Trinity River.--Not more than $5,500,000 may be expended
to carry out recreation features of the Upper Trinity River project,
Texas, authorized by section 1401(9) of this Act.
TITLE II--WATER AND WASTE ACT OF 2016
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Water and Waste Act of 2016''.
SEC. 2002. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the Administrator
of the Environmental Protection Agency.
Subtitle A--Safe Drinking Water
SEC. 2101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS.
It is the sense of Congress that Congress should provide robust
funding of capitalization grants to States to fund those States'
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.).
SEC. 2102. PRECONSTRUCTION WORK.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)) is amended--
(1) in the fifth sentence, by striking ``Of the amount'' and
inserting the following:
``(F) Loan assistance.--Of the amount'';
(2) in the fourth sentence, by striking ``The funds'' and
inserting the following:
``(E) Acquisition of real property.--The funds under this
section'';
(3) in the third sentence, by striking ``The funds'' and
inserting the following:
``(D) Water treatment loans.--The funds under this
section'';
(4) in the second sentence, by striking ``Financial
assistance'' and inserting the following:
``(B) Limitation.--Financial assistance'';
(5) in the first sentence, by striking ``Except'' and inserting
the following:
``(A) In general.--Except'';
(6) in subparagraph (B) (as designated by paragraph (4)), 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
(7) by inserting after subparagraph (B) (as designated by
paragraph (4)) 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. 2103. 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) by redesignating subparagraphs (A) through (D) as clauses
(i) through (iv), respectively, and indenting the clauses
appropriately;
(2) by striking the fifth sentence and inserting the following:
``(D) Enforcement actions.--Funds used under subparagraph
(B)(ii) shall not be used for enforcement actions.'';
(3) in the fourth sentence, by striking ``An additional'' and
inserting the following:
``(C) Technical assistance.--An additional'';
(4) by striking the third sentence;
(5) in the second sentence, by striking ``For fiscal year'' and
inserting the following:
``(B) Additional use of funds.--For fiscal year'';
(6) by striking the first sentence and inserting the following:
``(A) Authorization.--
``(i) In general.--For each fiscal year, a State may
use the amount described in clause (ii)--
``(I) to cover the reasonable costs of
administration of the programs under this section,
including the recovery of reasonable costs expended to
establish a State loan fund that are incurred after the
date of enactment of this section; and
``(II) to provide technical assistance to public
water systems within the State.
``(ii) Description of amount.--The amount referred to
in clause (i) is an amount equal to the sum of--
``(I) the amount of any fees collected by the State
for use in accordance with clause (i)(I), regardless of
the source; and
``(II) the greatest of--
``(aa) $400,000;
``(bb) \1/5\ percent of the current valuation
of the fund; and
``(cc) an amount equal to 4 percent of all
grant awards to the fund under this section for the
fiscal year.''; and
(7) in subparagraph (B) (as redesignated by paragraph (5))--
(A) in clause (iv) (as redesignated by paragraph (1)), by
striking ``1419,'' and inserting ``1419.''; and
(B) in the undesignated matter following clause (iv) (as
redesignated by paragraph (1)), by striking ``if the State''
and all that follows through ``State funds.''.
SEC. 2104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
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
political subdivision of a State that, as determined by the
Administrator, has an inadequate system for obtaining drinking
water.
``(2) Inclusions.--The term `underserved community' includes a
political subdivision of a State that either, as determined by the
Administrator--
``(A) does not have household drinking water or wastewater
services; or
``(B) is served by a public water system that violates, or
exceeds, as applicable, a requirement of a national primary
drinking water regulation issued under section 1412,
including--
``(i) a maximum contaminant level;
``(ii) a treatment technique; and
``(iii) an action level.
``(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 title.
``(2) Inclusions.--Projects and activities under paragraph (1)
include--
``(A) investments necessary for the public water system to
comply with the requirements of this title;
``(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 eligible entity under this section--
``(1) is--
``(A) a public water system;
``(B) a water system that is located in an area governed by
an Indian Tribe; or
``(C) a State, on behalf of an underserved community; and
``(2) serves a community--
``(A) that, under affordability criteria established by the
State under section 1452(d)(3), is determined by the State--
``(i) to be a disadvantaged community; or
``(ii) to be a community that may become a
disadvantaged community as a result of carrying out a
project or activity under subsection (b); or
``(B) with a population of less than 10,000 individuals
that the Administrator determines does not have the capacity to
incur debt sufficient to finance a project or activity under
subsection (b).
``(d) Priority.--In prioritizing projects and activities for
implementation under this section, the Administrator shall give
priority to projects and activities that benefit underserved
communities.
``(e) Local Participation.--In prioritizing projects and activities
for implementation under this section, the Administrator shall consult
with and consider the priorities of States, Indian Tribes, and local
governments in which communities described in subsection (c)(2) are
located.
``(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, or financial
capability and is not receiving such assistance under another Federal
program.
``(g) Cost Sharing.--Before providing a grant to an eligible entity
under this section, the Administrator shall enter into a binding
agreement with the eligible entity to require the eligible entity--
``(1) to pay not less than 45 percent of the total costs of the
project or activity, 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 or activity; and
``(3) to pay 100 percent of any operation and maintenance costs
associated with the project or activity.
``(h) Waiver.--The Administrator may waive, in whole or in part,
the requirement under subsection (g)(1) 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) Limitation on Use of Funds.--Not more than 4 percent of funds
made available for grants under this section may be used to pay the
administrative costs of the Administrator.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $60,000,000 for each of fiscal
years 2017 through 2021.''.
SEC. 2105. REDUCING LEAD IN DRINKING WATER.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
further 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 water 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, servicing a public water system; 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 concentration 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 concentration of lead in water for human
consumption; and
``(iii) providing assistance to low-income homeowners
to replace lead service lines.
``(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 Governor of the State in which the
eligible entity is located, based upon the affordability criteria
established by the State under section 1452(d)(3).
``(4) Lead service line.--The term `lead service line' means a
pipe and its fittings, which are not lead free (as defined in
section 1417(d)), that connect the drinking water main to the
building inlet.
``(5) Nontransient noncommunity water system.--The term
`nontransient noncommunity water system' means a public water
system that is not a community water system and that regularly
serves at least 25 of the same persons over 6 months per year.
``(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, an eligible entity shall take steps to
identify--
``(A) the source of lead in the public water system that is
subject to human consumption; and
``(B) the means by which the proposed lead reduction
project would meaningfully reduce the concentration of lead in
water provided for human consumption by the applicable public
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 under section 1412 at any time during the 3-
year period preceding the date of submission of the
application of the eligible entity; or
``(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 described in section 1458(a)(1).
``(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 replace the lead
service lines of such homeowners.
``(B) Limitation.--The amount of a grant provided to a low-
income homeowner under this paragraph shall not exceed the
standard cost of replacement of the privately owned portion of
the lead 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--
``(A) shall notify customers of the replacement of any
publicly owned portion of the lead service line;
``(B) may, 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 for that
homeowner's property;
``(C) may, in the case of a low-income homeowner, offer to
replace the privately owned portion of the lead service line at
a cost that is equal to the difference between--
``(i) the cost of replacement; and
``(ii) the amount of assistance available to the low-
income homeowner under paragraph (5);
``(D) shall 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) shall demonstrate that the eligible entity has
considered other options for reducing the concentration of lead
in its drinking water, including an evaluation of options for
corrosion control.
``(c) Limitation on Use of Funds.--Not more than 4 percent of funds
made available for grants under this section may be used to pay the
administrative costs of the Administrator.
``(d) 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.
``(e) Savings Clause.--Nothing in this section affects whether a
public water system is responsible for the replacement of a lead
service line that is--
``(1) subject to the control of the public water system; and
``(2) located on private property.''.
SEC. 2106. NOTICE TO PERSONS SERVED.
(a) Enforcement of Drinking Water Regulations.--Section 1414(c) of
the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in the subsection heading, by striking ``Notice to'' and
inserting ``Notice to States, the Administrator, and'';
(2) in paragraph (1)--
(A) in subparagraph (C), by striking ``paragraph (2)(E)''
and inserting ``paragraph (2)(F)''; and
(B) by adding at the end the following:
``(D) Notice that the public water system exceeded the lead
action level under section 141.80(c) of title 40, Code of
Federal Regulations (or a prescribed level of lead that the
Administrator establishes for public education or notification
in a successor regulation promulgated pursuant to section
1412).'';
(3) in paragraph (2)--
(A) in subparagraph (B)(i)(II), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)'';
(B) in subparagraph (C)--
(i) in the subparagraph heading, by striking
``Violations'' and inserting ``Notice of violations or
exceedances'';
(ii) in the matter preceding clause (i)--
(I) in the first sentence, by striking
``violation'' and inserting ``violation, and each
exceedance described in paragraph (1)(D),''; and
(II) in the second sentence, by striking
``violation'' and inserting ``violation or
exceedance'';
(iii) by striking clause (i) and inserting the
following:
``(i) be distributed as soon as practicable, but not
later than 24 hours, after the public water system learns
of the violation or exceedance;'';
(iv) in clause (ii), by inserting ``or exceedance''
after ``violation'' each place it appears;
(v) by striking clause (iii) and inserting the
following:
``(iii) be provided to the Administrator and the head
of the State agency that has primary enforcement
responsibility under section 1413, as applicable, as soon
as practicable, but not later than 24 hours after the
public water system learns of the violation or exceedance;
and''; and
(vi) in clause (iv)--
(I) in subclause (I), by striking ``broadcast
media'' and inserting ``media, including broadcast
media''; and
(II) in subclause (III), by striking ``in lieu of
notification by means of broadcast media or
newspaper'';
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(D) by inserting after subparagraph (C) the following:
``(D) Notice by the administrator.--If the State with
primary enforcement responsibility or the owner or operator of
a public water system has not issued a notice under
subparagraph (C) for an exceedance of the lead action level
under section 141.80(c) of title 40, Code of Federal
Regulations (or a prescribed level of lead that the
Administrator establishes for public education or notification
in a successor regulation promulgated pursuant to section 1412)
that has the potential to have serious adverse effects on human
health as a result of short-term exposure, not later than 24
hours after the Administrator is notified of the exceedance,
the Administrator shall issue the required notice under that
subparagraph.'';
(4) in paragraph (3)(B), in the first sentence--
(A) by striking ``subparagraph (A) and'' and inserting
``subparagraph (A),''; and
(B) by striking ``subparagraph (C) or (D) of paragraph
(2)'' and inserting ``subparagraph (C) or (E) of paragraph (2),
and notices issued by the Administrator with respect to public
water systems serving Indian Tribes under subparagraph (D) of
that paragraph'';
(5) in paragraph (4)(B)--
(A) in clause (ii), by striking ``the terms'' and inserting
``the terms `action level','';
(B) by striking clause (iii) and inserting the following:
``(iii) If any regulated contaminant is detected in the
water purveyed by the public water system, a statement
describing, as applicable--
``(I) the maximum contaminant level goal;
``(II) the maximum contaminant level;
``(III) the level of the contaminant in the water
system;
``(IV) the action level for the contaminant; and
``(V) for any contaminant for which there has been
a violation of the maximum contaminant level during the
year concerned, a brief statement in plain language
regarding the health concerns that resulted in
regulation of the contaminant, as provided by the
Administrator in regulations under subparagraph (A).'';
and
(C) in the undesignated matter following clause (vi), in
the second sentence, by striking ``subclause (IV) of clause
(iii)'' and inserting ``clause (iii)(V)''; and
(6) by adding at the end the following:
``(5) Exceedance of lead level at households.--
``(A) Strategic plan.--Not later than 180 days after the
date of enactment of this paragraph, the Administrator shall,
in collaboration with owners and operators of public water
systems and States, establish a strategic plan for how the
Administrator, a State with primary enforcement responsibility,
and owners and operators of public water systems shall provide
targeted outreach, education, technical assistance, and risk
communication to populations affected by the concentration of
lead in a public water system, including dissemination of
information described in subparagraph (C).
``(B) EPA initiation of notice.--
``(i) Forwarding of data by employee of the agency.--If
the Agency develops, or receives from a source other than a
State or a public water system, data that meets the
requirements of section 1412(b)(3)(A)(ii) that indicates
that the drinking water of a household served by a public
water system contains a level of lead that exceeds the lead
action level under section 141.80(c) of title 40, Code of
Federal Regulations (or a prescribed level of lead that the
Administrator establishes for public education or
notification in a successor regulation promulgated pursuant
to section 1412) (referred to in this paragraph as an
`affected household'), the Administrator shall require an
appropriate employee of the Agency to forward the data, and
information on the sampling techniques used to obtain the
data, to the owner or operator of the public water system
and the State in which the affected household is located
within a time period determined by the Administrator.
``(ii) Dissemination of information by owner or
operator.--The owner or operator of a public water system
shall disseminate to affected households the information
described in subparagraph (C) within a time period
established by the Administrator, if the owner or
operator--
``(I) receives data and information under clause
(i); and
``(II) has not, since the date of the test that
developed the data, notified the affected households--
``(aa) with respect to the concentration of
lead in the drinking water of the affected
households; and
``(bb) that the concentration of lead in the
drinking water of the affected households exceeds
the lead action level under section 141.80(c) of
title 40, Code of Federal Regulations (or a
prescribed level of lead that the Administrator
establishes for public education or notification in
a successor regulation promulgated pursuant to
section 1412).
``(iii) Consultation.--
``(I) Deadline.--If the owner or operator of the
public water system does not disseminate to the
affected households the information described in
subparagraph (C) as required under clause (ii) within
the time period established by the Administrator, not
later than 24 hours after the Administrator becomes
aware of the failure by the owner or operator of the
public water system to disseminate the information, the
Administrator shall consult, within a period not to
exceed 24 hours, with the applicable Governor to
develop a plan, in accordance with the strategic plan,
to disseminate the information to the affected
households not later than 24 hours after the end of the
consultation period.
``(II) Delegation.--The Administrator may only
delegate the duty to consult under subclause (I) to an
employee of the Agency who, as of the date of the
delegation, works in the Office of Water at the
headquarters of the Agency.
``(iv) Dissemination by administrator.--The
Administrator shall, as soon as practicable, disseminate to
affected households the information described in
subparagraph (C) if--
``(I) the owner or operator of the public water
system does not disseminate the information to the
affected households within the time period determined
by the Administrator, as required by clause (ii); and
``(II)(aa) the Administrator and the applicable
Governor do not agree on a plan described in clause
(iii)(I) during the consultation period under that
clause; or
``(bb) the applicable Governor does not disseminate
the information within 24 hours after the end of the
consultation period.
``(C) Information required.--The information described in
this subparagraph includes--
``(i) a clear explanation of the potential adverse
effects on human health of drinking water that contains a
concentration of lead that exceeds the lead action level
under section 141.80(c) of title 40, Code of Federal
Regulations (or a prescribed level of lead that the
Administrator establishes for public education or
notification in a successor regulation promulgated pursuant
to section 1412);
``(ii) the steps that the owner or operator of the
public water system is taking to mitigate the concentration
of lead; and
``(iii) the necessity of seeking alternative water
supplies until the date on which the concentration of lead
is mitigated.
``(6) Privacy.--Any notice to the public or an affected
household under this subsection shall protect the privacy of
individual customer information.''.
(b) Prohibition on Use of Lead Pipes, Solder, and Flux.--Section
1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is amended by
adding at the end the following:
``(f) Public Education.--
``(1) In general.--The Administrator shall make information
available to the public regarding lead in drinking water, including
information regarding--
``(A) risks associated with lead in drinking water;
``(B) the conditions that contribute to drinking water
containing lead in a residence;
``(C) steps that States, public water systems, and
consumers can take to reduce the risks of lead in drinking
water; and
``(D) the availability of additional resources that
consumers can use to minimize lead exposure, including
information on sampling for lead in drinking water.
``(2) Vulnerable populations.--In making information available
to the public under this subsection, the Administrator shall,
subject to the availability of appropriations, carry out targeted
outreach strategies that focus on educating groups within the
general population that may be at greater risk than the general
population of adverse health effects from exposure to lead in
drinking water.''.
SEC. 2107. LEAD TESTING IN SCHOOL AND CHILD CARE PROGRAM 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 Program 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(8) of the Higher Education Act of 1965
(20 U.S.C. 1003(8)).
``(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) a person that owns or operates a child care
program facility.
``(2) Establishment.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Water and Waste Act of 2016, the
Administrator shall establish a voluntary school and child care
program 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) Direct grants to local educational agencies.--The
Administrator may make a grant for the voluntary testing
described in subparagraph (A) directly available to--
``(i) any local educational agency described in clause
(i) or (iii) of paragraph (1)(B) located in a State that
does not participate in the voluntary grant program
established under subparagraph (A); or
``(ii) any local educational agency described in clause
(ii) of paragraph (1)(B).
``(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 by a State or local educational agency for a
fiscal year 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 recipient 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 are not less stringent than the
guidance referred to in clause (i); and
``(B)(i) make available, if applicable, in the
administrative offices and, to the 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 carried out using 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. 2108. WATER SUPPLY COST SAVINGS.
(a) Drinking Water Technology Clearinghouse.--The Administrator, in
consultation with the Secretary of Agriculture, shall--
(1) develop a technology clearinghouse for information on the
cost-effectiveness of innovative and alternative drinking water
delivery systems, including wells and well systems; and
(2) disseminate such information to the public and to
communities and not-for-profit organizations seeking Federal
funding for drinking water delivery systems serving 500 or fewer
persons.
(b) Water System Assessment.--In any application for a grant or
loan for the purpose of construction, replacement, or rehabilitation of
a drinking water delivery system serving 500 or fewer persons, the
funding for which would come from the Federal Government (either
directly or through a State), 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.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report that describes--
(1) the use of innovative and alternative drinking water
delivery systems described in this section;
(2) the range of cost savings for communities using innovative
and alternative drinking water delivery 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. 2109. INNOVATION IN THE PROVISION OF SAFE DRINKING WATER.
(a) Innovative Water Technologies.--Section 1442(a)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(a)(1)) is amended--
(1) in subparagraph (D), by striking ``; and'' and inserting a
semicolon;
(2) by striking the period at the end of subparagraph (E) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) innovative water technologies (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).''.
(b) Technical Assistance.--Section 1442 of the Safe Drinking Water
Act (42 U.S.C. 300j-1) is amended--
(1) in the heading for subsection (e), by inserting ``to Small
Public Water Systems'' after ``Assistance''; and
(2) by adding at the end the following new subsection:
``(f) Technical Assistance for Innovative Water Technologies.--
``(1) The Administrator may provide technical assistance to
public water systems to facilitate use of innovative water
technologies.
``(2) There are authorized to be appropriated to the
Administrator for use in providing technical assistance under
paragraph (1) $10,000,000 for each of fiscal years 2017 through
2021.''.
(c) Report.--Not later than 1 year after the date of enactment of
the Water and Waste Act of 2016, and not less frequently than every 5
years thereafter, the Administrator shall report to Congress on--
(1) the amount of funding used to provide technical assistance
under section 1442(f) of the Safe Drinking Water Act 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 innovative water technologies.
SEC. 2110. 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 to carry out this
section for each of fiscal years 2016 through 2021''.
SEC. 2111. 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. 2112. 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)--
(A) 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
(B) in the second sentence, by striking ``The grants'' and
inserting ``Except as otherwise provided, the grants''; 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 to enable
public water systems that serve Indian Tribes to achieve and
maintain compliance with applicable national primary drinking
water regulations.
``(B) Eligible tribal organizations.--Intertribal consortia
or tribal organizations eligible for a grant under subparagraph
(A) are intertribal consortia or tribal organizations that--
``(i) as determined by the Administrator, are the most
qualified and experienced to provide training and technical
assistance to Indian Tribes; and
``(ii) the Indian Tribes find to be the most beneficial
and effective.''.
SEC. 2113. MATERIALS REQUIREMENT FOR CERTAIN FEDERALLY FUNDED PROJECTS.
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) American iron and steel products.--
``(A) In general.--During fiscal year 2017, funds made
available from a State loan fund established pursuant to this
section may not be used for a project for the construction,
alteration, or repair of a public water system unless all of
the iron and steel products used in the project are produced in
the United States.
``(B) Definition of iron and steel products.--In this
paragraph, the term `iron and steel products' means the
following products made primarily of iron or steel:
``(i) Lined or unlined pipes 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.
``(C) Application.--Subparagraph (A) shall be waived in any
case or category of cases in which the Administrator finds
that--
``(i) applying subparagraph (A) 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
project by more than 25 percent.
``(D) Waiver.--If the Administrator receives a request for
a waiver under this paragraph, the Administrator shall make
available to the public, on an informal basis, a copy of the
request and information available to the Administrator
concerning the request, and shall allow for informal public
input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the
request and accompanying information available by electronic
means, including on the official public Internet site of the
Agency.
``(E) International agreements.--This paragraph shall be
applied in a manner consistent with United States obligations
under international agreements.
``(F) Management and oversight.--The Administrator may
retain up to 0.25 percent of the funds appropriated for this
section for management and oversight of the requirements of
this paragraph.
``(G) Effective date.--This paragraph does not apply with
respect to a project if a State agency approves the engineering
plans and specifications for the project, in that agency's
capacity to approve such plans and specifications prior to a
project requesting bids, prior to the date of enactment of this
paragraph.''.
Subtitle B--Drinking Water Disaster Relief and Infrastructure
Investments
SEC. 2201. 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 drinking water
provided by a public water system.
(2) Eligible system.--The term ``eligible system'' means a
public water system that has been the subject of an emergency
declaration referred to in paragraph (1).
(3) Lead service line.--The term ``lead service line'' means a
pipe and its fittings, which are not lead free (as defined under
section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6)),
that connect the drinking water main to the building inlet.
(4) Public water system.--The term ``public water system'' has
the meaning given such term in section 1401(4) of the Safe Drinking
Water Act (42 U.S.C. 300f(4)).
(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 section 1452(d)(1) of that Act (42 U.S.C. 300j-12(d)(1)),
including forgiveness of principal under that section.
(2) Authorization.--
(A) In general.--Using funds provided pursuant to
subsection (d), 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 lead service lines and
public water system infrastructure.
(B) Inclusion.--Assistance provided under subparagraph (A)
may include additional subsidization under section 1452(d)(1)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(1)), 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) Inapplicability of 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 pursuant to subsection (d) of this
section;
(B) any other assistance provided to an eligible system; or
(C) any funds required to match the funds provided under
subsection (d).
(c) 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.
(d) Additional Drinking Water State Revolving Fund Capitalization
Grants.--
(1) In general.--There is authorized to be appropriated to the
Administrator a total of $100,000,000 to provide additional
capitalization 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 paragraph (3).
(2) Supplemented intended use plans.--From funds made available
under paragraph (1), the Administrator shall obligate to an
eligible State such amounts as are necessary to meet the needs
identified in a supplemented intended use plan for the purposes
described in subsection (b)(2) 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--
(A) a description of the project;
(B) an explanation of the means by which the project will
address a situation causing a declared emergency in the
eligible State;
(C) the estimated cost of the project; and
(D) the projected start date for construction of the
project.
(3) Unobligated amounts.--Any amounts made available to the
Administrator under paragraph (1) that are unobligated on the date
that is 18 months after the date on which the amounts are made
available shall be available to provide additional grants to States
to capitalize State loan funds as provided under section 1452 of
the Safe Drinking Water Act (42 U.S.C. 300j-12).
(4) Applicability.--
(A) 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 paragraph (2).
(B) Unless explicitly waived, all requirements under the
Safe Drinking Water Act (42 U.S.C. 300f et seq.) shall apply to
funding provided under this subsection.
(e) Health Effects Evaluation.--
(1) In general.--Pursuant to section 104(i)(1)(E) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (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 of 1980 (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).
(f) No Effect on Other Projects.--This section shall not affect the
application of any provision of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) to any project that does not receive
assistance pursuant to this subtitle.
SEC. 2202. SENSE OF CONGRESS.
It is the sense of Congress that secured loans under the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et
seq.) shall be--
(1) initially appropriated at $20,000,000; and
(2) used for eligible projects, including those to address lead
and other contaminants in drinking water systems.
SEC. 2203. 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 the Centers for
Disease Control and Prevention 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, within the
Agency for Toxic Substances and Disease Registry 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 health care, 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) Authorization of Appropriations.--There are authorized to be
appropriated for the period of fiscal years 2017 through 2021--
(1) $17,500,000 to carry out subsection (b); and
(2) $2,500,000 to carry out subsection (c).
SEC. 2204. OTHER LEAD PROGRAMS.
(a) Childhood Lead Poisoning Prevention Program.--In addition to
amounts made available through the Prevention and Public Health Fund
established under section 4002 of Public Law 111-148 (42 U.S.C. 300u-
11) to carry out section 317A of the Public Health Service Act (42
U.S.C. 247b-1), there are authorized to be appropriated for the period
of fiscal years 2017 and 2018, $15,000,000 for carrying out such
section 317A.
(b) Healthy Start Program.--There are authorized to be appropriated
for the period of fiscal years 2017 and 2018 $15,000,000 to carry out
the Healthy Start Initiative under section 330H of the Public Health
Service Act (42 U.S.C. 254c-8).
Subtitle C--Control of Coal Combustion Residuals
SEC. 2301. 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 residuals units that are located in the State
that, after approval by the Administrator, will operate in lieu
of regulation of coal combustion residuals units in the State
by--
``(i) application of part 257 of title 40, Code of
Federal Regulations (or successor regulations promulgated
pursuant to sections 1008(a)(3) and 4004(a)); or
``(ii) implementation by the Administrator of a permit
program under paragraph (2)(B).
``(B) Requirement.--Not later than 180 days after the date
on which a State submits the evidence described in subparagraph
(A), the Administrator, after public notice and an opportunity
for public comment, 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 residuals unit located in the State to achieve
compliance with--
``(i) the applicable criteria for coal combustion
residuals 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 shall 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 criteria under part
257 of title 40, Code of Federal Regulations (or successor
regulations promulgated pursuant to sections 1008(a)(3) and
4004(a)) if, based on site-specific conditions, the
Administrator determines that the technical standards
established pursuant to a State permit program or other system
are at least as protective as the criteria under that part.
``(D) Program review and notification.--
``(i) Program review.--The Administrator shall review a
State permit program or other system of prior approval and
conditions that is approved under subparagraph (B)--
``(I) from time to time, as the Administrator
determines necessary, but not less frequently than once
every 12 years;
``(II) not later than 3 years after the date on
which the Administrator revises the applicable criteria
for coal combustion residuals units under part 257 of
title 40, Code of Federal Regulations (or successor
regulations promulgated pursuant to sections 1008(a)(3)
and 4004(a));
``(III) not later than 1 year after the date of a
significant release (as defined by the Administrator),
that was not authorized at the time the release
occurred, from a coal combustion residuals unit located
in the State; and
``(IV) on request of any other State that asserts
that the soil, groundwater, or surface water of the
State is or is likely to be adversely affected by a
release or potential release from a coal combustion
residuals unit located in the State for which the
program or other system was approved.
``(ii) Notification and opportunity for a public
hearing.--The Administrator shall provide to a State notice
of deficiencies with respect to the permit program or other
system of prior approval and conditions of the State that
is approved under subparagraph (B), 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 necessary to ensure that the
permit program or other system of prior approval and
conditions continues to ensure that each coal
combustion residuals unit located in the State achieves
compliance with the criteria described in clauses (i)
and (ii) of subparagraph (B);
``(II) the State has not implemented an adequate
permit program or other system of prior approval and
conditions that requires each coal combustion residuals
unit located in the State to achieve compliance with
the criteria described in subparagraph (B); or
``(III) the State has, at any time, approved or
failed to revoke a permit for a coal combustion
residuals unit, a release from which adversely affects
or is likely to adversely affect the soil, groundwater,
or surface water of another State.
``(E) 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 subparagraph (D)(ii), the
Administrator determines that the State has not corrected
the deficiencies identified by the Administrator under
subparagraph (D)(ii).
``(ii) Reinstatement of state approval.--Any withdrawal
of approval under clause (i) shall cease to be effective on
the date on which the Administrator makes a determination
that the State has corrected the deficiencies identified by
the Administrator under subparagraph (D)(ii).
``(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 provides notice to the
Administrator that, not fewer than 90 days after the date
on which the Governor provides the notice to the
Administrator, the State will relinquish 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)(E).
``(B) Implementation of permit program.--In the case of a
nonparticipating State and subject to the availability of
appropriations specifically provided in an appropriations Act
to carry out a program in a nonparticipating State, the
Administrator shall implement a permit program to require each
coal combustion residuals 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
promulgated pursuant to sections 1008(a)(3) and 4004(a)).
``(3) Applicability of criteria.--The applicable criteria for
coal combustion residuals 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 residuals 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 for the coal combustion
residuals unit; 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 for the coal combustion residuals
unit.
``(4) Prohibition on open dumping.--
``(A) In general.--The Administrator may use the authority
provided by sections 3007 and 3008 to enforce the prohibition
on open dumping under subsection (a) with respect to a coal
combustion residuals unit--
``(i) in a nonparticipating State (as defined in
paragraph (2)); and
``(ii) located in a State that is approved to operate a
permit program or other system of prior approval and
conditions under paragraph (1)(B), in accordance with
subparagraph (B) of this paragraph.
``(B) Federal enforcement in an approved state.--
``(i) In general.--In the case of a coal combustion
residuals 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 an enforcement
action; or
``(II) after consideration of any other
administrative or judicial enforcement action involving
the coal combustion residuals unit, the Administrator
determines that an enforcement action is likely to be
necessary to ensure that the coal combustion residuals
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 residuals unit is located.
``(iii) Annual report to congress.--
``(I) In general.--Subject to subclause (II), 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),
including a description of the basis for the
enforcement action.
``(II) Applicability.--Subclause (I) shall not
apply for any calendar year during which the
Administrator does not commence an enforcement action
under clause (i).
``(5) Indian country.--The Administrator shall establish and
carry out a permit program, in accordance with this subsection, for
coal combustion residuals units in Indian country (as defined in
section 1151 of title 18, United States Code) to require each coal
combustion residuals 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 promulgated pursuant to
sections 1008(a)(3) and 4004(a)).
``(6) Treatment of coal combustion residuals units.--A coal
combustion residuals unit shall be considered to be a sanitary
landfill for purposes of this Act, including subsection (a), only
if the coal combustion residuals unit is operating in accordance
with--
``(A) the requirements of a permit issued 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 residuals
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 and Waste Act of 2016.''.
TITLE III--NATURAL RESOURCES
Subtitle A--Indian Dam Safety
SEC. 3101. 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
2023, 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 2023, 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, 2023--
(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
2023, 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 2023, 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, 2023--
(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 2023 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 2023 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
(iii)(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 2023, 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.
Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Their Economies
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) Deferred maintenance.--The term ``deferred maintenance''
means any maintenance activity that was delayed to a future date,
in lieu of being carried out at the time at which the activity was
scheduled to be, or otherwise should have been, carried out.
(2) Fund.--The term ``Fund'' means the Indian Irrigation Fund
established by section 3211.
(3) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
PART I--INDIAN IRRIGATION FUND
SEC. 3211. ESTABLISHMENT.
There is established in the Treasury of the United States a fund,
to be known as the ``Indian Irrigation Fund'', consisting of--
(1) such amounts as are deposited in the Fund under section
3212; and
(2) any interest earned on investment of amounts in the Fund
under section 3214.
SEC. 3212. DEPOSITS TO FUND.
(a) In General.--For each of fiscal years 2017 through 2021, the
Secretary of the Treasury shall deposit in the Fund $35,000,000 from
the general fund of the Treasury.
(b) Availability of Amounts.--Amounts deposited in the Fund under
subsection (a) shall be used, subject to appropriation, to carry out
this subtitle.
SEC. 3213. EXPENDITURES FROM FUND.
(a) In General.--Subject to subsection (b), for each of fiscal
years 2017 through 2021, the Secretary may, to the extent provided in
advance in appropriations Acts, expend from the Fund, in accordance
with this subtitle, not more than the sum of--
(1) $35,000,000; and
(2) the amount of interest accrued in the Fund.
(b) Additional Expenditures.--The Secretary may expend more than
$35,000,000 for any fiscal year referred to in subsection (a) 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
subsection (a) in 1 or more prior fiscal years.
SEC. 3214. INVESTMENTS OF AMOUNTS.
(a) 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.
(b) 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.
SEC. 3215. TRANSFERS OF AMOUNTS.
(a) In General.--The amounts required to be transferred to the Fund
under this part shall be transferred at least monthly from the general
fund of the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
(b) 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.
SEC. 3216. TERMINATION.
On September 30, 2021--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund shall be
transferred to the general fund of the Treasury.
PART II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS
SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS.
(a) In General.--The Secretary shall establish a program to address
the deferred maintenance needs and water storage needs of Indian
irrigation projects that--
(1) create risks to public or employee safety or natural or
cultural resources; and
(2) unduly impede the management and efficiency of the Indian
irrigation program.
(b) Funding.--Consistent with section 3213, the Secretary shall use
or transfer to the Bureau of Indian Affairs not less than $35,000,000
of amounts in the Fund, plus accrued interest, for each of fiscal years
2017 through 2021 to carry out maintenance, repair, and replacement
activities for 1 or more of the Indian irrigation projects described in
section 3222 (including any structures, facilities, equipment,
personnel, or vehicles used in connection with the operation of those
projects), subject to the condition that the funds expended under this
part shall not be--
(1) subject to reimbursement by the owners of the land served
by the Indian irrigation projects; or
(2) assessed as debts or liens against the land served by the
Indian irrigation projects.
SEC. 3222. ELIGIBLE PROJECTS.
The projects eligible for funding under section 3221(b) are the
Indian irrigation projects in the western United States that, on the
date of enactment of this Act--
(1) 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);
(2) are managed and operated by the Bureau of Indian Affairs
(including projects managed, operated, or maintained under
contracts or compacts pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.); and
(3) have deferred maintenance documented by the Bureau of
Indian Affairs.
SEC. 3223. 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 part, the Secretary, in consultation with the Assistant Secretary
for Indian Affairs and representatives of affected Indian tribes, shall
develop and submit to Congress--
(1) programmatic goals to carry out this part that--
(A) would enable the completion of repairing, replacing,
modernizing, or performing maintenance on projects as
expeditiously as practicable;
(B) facilitate or improve the ability of the Bureau of
Indian Affairs to carry out the mission of the Bureau of Indian
Affairs in operating a project;
(C) ensure that the results of government-to-government
consultation required under section 3225 be addressed; and
(D) would facilitate the construction of new water storage
using non-Federal contributions to address tribal, regional,
and watershed-level supply needs; and
(2) funding prioritization criteria to serve as a methodology
for distributing funds under this part, that take into account--
(A) the extent to which deferred maintenance of qualifying
irrigation projects poses a threat to public or employee safety
or health;
(B) the extent to which deferred maintenance poses a threat
to natural or cultural resources;
(C) the extent to which deferred maintenance poses a threat
to the ability of the Bureau of Indian Affairs to carry out the
mission of the Bureau of Indian Affairs in operating the
project;
(D) the extent to which repairing, replacing, modernizing,
or performing maintenance on a facility or structure 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; and
(iv) assist in protecting natural or cultural
resources;
(E) the methodology of the rehabilitation priority index of
the Secretary, as in effect on the date of enactment of this
Act;
(F) the potential economic benefits of the expenditures on
job creation and general economic development in the affected
tribal communities;
(G) the ability of the qualifying project to address
tribal, regional, and watershed level water supply needs; and
(H) 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 section 3225.
SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT MANAGEMENT.
(a) Tribal Consultation and User Input.--Before beginning to
conduct the study required under subsection (b), the Secretary shall--
(1) consult with the Indian tribes that have jurisdiction over
the land on which an irrigation project eligible to receive funding
under section 3222 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation project; and
(B) irrigators from adjacent irrigation districts.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary, acting through the Assistant Secretary for
Indian Affairs, shall complete a study that evaluates options for
improving programmatic and project management and performance of
irrigation projects managed and operated in whole or in part by the
Bureau of Indian Affairs.
(c) Report.--On completion of the study under subsection (b), the
Secretary, acting through the Assistant Secretary for Indian Affairs,
shall submit to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that--
(1) describes the results of the study;
(2) determines the cost to financially sustain each project;
(3) recommends whether management of each project could be
improved by transferring management responsibilities to other
Federal agencies or water user groups; and
(4) includes recommendations for improving programmatic and
project management and performance--
(A) in each qualifying project area; and
(B) for the program as a whole.
(d) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2 years
thereafter (until the end of fiscal year 2021), the Secretary, acting
through the Assistant Secretary for Indian Affairs, shall submit to the
Committee on Indian Affairs of the Senate and the Committee on Natural
Resources of the House of Representatives a report that includes a
description of--
(1) the progress made toward addressing the deferred
maintenance needs of the Indian irrigation projects described in
section 3222, including a list of projects funded during the fiscal
period covered by the report;
(2) the outstanding needs of those projects that have been
provided funding to address the deferred maintenance needs pursuant
to this part;
(3) the remaining needs of any of those projects;
(4) how the goals established pursuant to section 3223 have
been met, including--
(A) an identification and assessment of any deficiencies or
shortfalls in meeting those goals; and
(B) a plan to address the deficiencies or shortfalls in
meeting those goals; and
(5) any other subject matters the Secretary, to the maximum
extent practicable consistent with tribal and user recommendations
received pursuant to the consultation and input process under
section 3225, determines to be appropriate.
SEC. 3225. TRIBAL CONSULTATION AND USER INPUT.
Before expending funds on an Indian irrigation project pursuant to
section 3221 and not later than 120 days after the date of enactment of
this Act, the Secretary shall--
(1) consult with the Indian tribe that has jurisdiction over
the land on which an irrigation project eligible to receive funding
under section 3222 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation project; and
(B) irrigators from adjacent irrigation districts.
SEC. 3226. ALLOCATION AMONG PROJECTS.
(a) In General.--Subject to subsection (b), to the maximum extent
practicable, the Secretary shall ensure that, for each of fiscal years
2017 through 2021, each Indian irrigation project eligible for funding
under section 3222 that has critical maintenance needs receives part of
the funding under section 3221 to address critical maintenance needs.
(b) Priority.--In allocating amounts under section 3221(b), in
addition to considering the funding priorities described in section
3223, the Secretary shall give priority to eligible Indian irrigation
projects serving more than 1 Indian tribe within an Indian reservation
and to projects for which funding has not been made available during
the 10-year period ending on the day before the date of enactment of
this Act under any other Act of Congress that expressly identifies the
Indian irrigation project or the Indian reservation of the project to
address the deferred maintenance, repair, or replacement needs of the
Indian irrigation project.
(c) Cap on Funding.--
(1) In general.--Subject to paragraph (2), in allocating
amounts under section 3221(b), the Secretary shall allocate not
more than $15,000,000 to any individual Indian irrigation project
described in section 3222 during any consecutive 3-year period.
(2) Exception.--Notwithstanding the cap described in paragraph
(1), if the full amount under section 3221(b) cannot be fully
allocated to eligible Indian irrigation projects because the costs
of the remaining activities authorized in section 3221(b) of an
irrigation project would exceed the cap described in paragraph (1),
the Secretary may allocate the remaining funds to eligible Indian
irrigation projects in accordance with this part.
(d) Basis of Funding.--Any amounts made available under this
section 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 section.
Subtitle C--Weber Basin Prepayments
SEC. 3301. PREPAYMENT OF CERTAIN REPAYMENT OBLIGATIONS UNDER CONTRACTS
BETWEEN THE UNITED STATES AND THE WEBER BASIN WATER CONSERVANCY
DISTRICT.
The Secretary of the Interior shall allow for prepayment of
repayment obligations under Repayment Contract No. 14-06-400-33 between
the United States and the Weber Basin Water Conservancy 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
future amendments and all related applicable contracts thereto,
providing for repayment of Weber Basin Project construction costs
allocated to irrigation and municipal and industrial purposes for which
repayment is provided pursuant to such contracts under terms and
conditions similar to those used in implementing the prepayment
provisions in section 210 of the Central Utah Project Completion Act
(Public Law 102-575), as amended, for prepayment of Central Utah
Project, Bonneville Unit repayment obligations. The prepayment--
(1) 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 Act was not in effect;
(2) may be provided in several installments;
(3) may not be adjusted on the basis of the type of prepayment
financing used by the District; and
(4) shall be made such that total repayment is made not later
than September 30, 2026.
Subtitle D--Pechanga Water Rights Settlement
SEC. 3401. SHORT TITLE.
This subtitle may be cited as the ``Pechanga Band of Luiseno
Mission Indians Water Rights Settlement Act''.
SEC. 3402. PURPOSES.
The purposes of this subtitle 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 subtitle;
and
(5) to authorize the appropriation of amounts necessary for the
implementation of the Pechanga Settlement Agreement and this
subtitle.
SEC. 3403. DEFINITIONS.
In this subtitle:
(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 section 3407(e).
(9) ESAA capacity agreement.--The term ``ESAA Capacity
Agreement'' means the ``ESAA Capacity Agreement'', 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 ``Extension of Service Area
Agreement'', 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 section 3409.
(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 section 3409(c)(2).
(23) Pechanga recycled water infrastructure account.--The term
``Pechanga Recycled Water Infrastructure account'' means the
account established by section 3409(c)(1).
(24) Pechanga settlement agreement.--The term ``Pechanga
Settlement Agreement'' means the Pechanga Settlement Agreement,
dated April 8, 2016, 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
section 3405(f).
(26) Pechanga water fund account.--The term ``Pechanga Water
Fund account'' means the account established by section 3409(c)(3).
(27) Pechanga water quality account.--The term ``Pechanga Water
Quality account'' means the account established by section
3409(c)(4).
(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 ``Recycled
Water Infrastructure Agreement'' 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 subtitle, 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 section 3405.
SEC. 3404. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT.
(a) Ratification of Pechanga Settlement Agreement.--
(1) In general.--Except as modified by this subtitle, and to
the extent that the Pechanga Settlement Agreement does not conflict
with this subtitle, the Pechanga Settlement Agreement is
authorized, ratified, and confirmed.
(2) 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 subtitle.
(b) Execution of Pechanga Settlement Agreement.--
(1) In general.--To the extent that the Pechanga Settlement
Agreement does not conflict with this subtitle, the Secretary is
directed to and promptly shall execute--
(A) the Pechanga Settlement Agreement (including any
exhibit to the Pechanga Settlement Agreement requiring the
signature of the Secretary); and
(B) any amendment to the Pechanga Settlement Agreement
necessary to make the Pechanga Settlement Agreement consistent
with this subtitle.
(2) Modifications.--Nothing in this subtitle precludes the
Secretary from approving modifications to exhibits to the Pechanga
Settlement Agreement not inconsistent with this subtitle, 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.
(c) Environmental Compliance.--
(1) In general.--In implementing the Pechanga Settlement
Agreement, the Secretary shall promptly comply with all applicable
requirements of--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(C) all other applicable Federal environmental laws; and
(D) all regulations promulgated under the laws described in
subparagraphs (A) through (C).
(2) Execution of the pechanga settlement agreement.--
(A) In general.--Execution of the Pechanga Settlement
Agreement by the Secretary under this section shall not
constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Compliance.--The Secretary is directed to carry out all
Federal compliance necessary to implement the Pechanga
Settlement Agreement.
(3) Lead agency.--The Bureau of Reclamation shall be designated
as the lead agency with respect to environmental compliance.
SEC. 3405. TRIBAL WATER RIGHT.
(a) 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 Act, taking into
consideration--
(1) the potential risks, cost, and time delay associated with
litigation that would be resolved by the Pechanga Settlement
Agreement and this subtitle;
(2) the availability of funding under this subtitle;
(3) the availability of water from the Tribal Water Right and
other water sources as set forth in the Pechanga Settlement
Agreement; and
(4) the applicability of section 7 of the Act of February 8,
1887 (25 U.S.C. 381), and this subtitle to protect the interests of
Allottees.
(b) Confirmation of Tribal Water Right.--
(1) 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.
(2) Use.--Subject to the terms of the Pechanga Settlement
Agreement, this subtitle, the Fallbrook Decree, and applicable
Federal law, the Band may use the Tribal Water Right for any
purpose on the Reservation.
(c) Holding in Trust.--The Tribal Water Right, as set forth in
subsection (b), shall--
(1) be held in trust by the United States on behalf of the Band
and the Allottees in accordance with this section;
(2) include the priority dates described in Interlocutory
Judgment No. 41, as affirmed by the Fallbrook Decree; and
(3) 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 Right.
(2) Entitlement to water.--Any entitlement to water of an
Allottee under Federal law shall be satisfied from the Tribal Water
Right.
(3) 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.
(4) 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.
(5) 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.
(6) Authority.--The Secretary shall have the authority to
protect the rights of Allottees as specified in this section.
(e) Authority of Band.--
(1) In general.--Except as provided in paragraph (2), the Band
shall have authority to use, allocate, distribute, and lease the
Tribal Water Right on the Reservation in accordance with--
(A) the Pechanga Settlement Agreement; and
(B) applicable Federal law.
(2) Leases by allottees.--
(A) 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.
(B) Water right appurtenant.--Any water right determined to
be appurtenant to an interest in land leased by an Allottee
shall be used on such land on the Reservation.
(f) Pechanga Water Code.--
(1) In general.--Not later than 18 months after the
enforceability date, the Band shall enact a Pechanga Water Code,
that provides for--
(A) the management, regulation, and governance of all uses
of the Tribal Water Right in accordance with the Pechanga
Settlement Agreement; and
(B) 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.
(2) Inclusions.--Subject to the approval of the Secretary, the
Pechanga Water Code shall provide--
(A) that allocations of water to Allottees shall be
satisfied with water from the Tribal Water Right;
(B) that charges for delivery of water for irrigation
purposes for Allottees shall be assessed on a just and
equitable basis;
(C) a process by which an Allottee may request that the
Band provide water for irrigation or domestic purposes in
accordance with this subtitle;
(D) 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
(E) a requirement that any Allottee with a claim relating
to the enforcement of rights of the 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 subsection (d)(4).
(3) Action by secretary.--
(A) In general.--The Secretary shall administer the Tribal
Water Right until the Pechanga Water Code is enacted and
approved under this section.
(B) 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.
(C) 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.
(g) Effect.--Except as otherwise specifically provided in this
section, nothing in this subtitle--
(1) authorizes any action by an Allottee against any individual
or entity, or against the Band, under Federal, State, tribal, or
local law; or
(2) alters or affects the status of any action pursuant to
section 1491(a) of title 28, United States Code.
SEC. 3406. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided to the Band under the
Pechanga Settlement Agreement and this subtitle 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 section 3407.
(b) Allottee Claims.--The benefits realized by the Allottees under
this subtitle shall be in complete replacement of, complete
substitution for, and full satisfaction of--
(1) all claims that are waived and released pursuant to section
3407; and
(2) 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 section 3407.
(c) No Recognition of Water Rights.--Except as provided in section
3405(d), nothing in this subtitle recognizes or establishes any right
of a member of the Band or an Allottee to water within the Reservation.
(d) Claims Relating to Development of Water for Reservation.--
(1) In general.--The amounts authorized to be appropriated
pursuant to section 3411 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.
(2) Satisfaction of claims.--Upon the complete appropriation of
amounts authorized pursuant to section 3411, 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.
SEC. 3407. WAIVER OF CLAIMS.
(a) In General.--
(1) Waiver of claims by the band and the united states acting
in its capacity as trustee for the band.--
(A) In general.--Subject to the retention of rights set
forth in subsection (c), in return for recognition of the
Tribal Water Right and other benefits as set forth in the
Pechanga Settlement Agreement and this subtitle, the Band, 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 subtitle.
(B) Claims against rcwd.--Subject to the retention of
rights set forth in subsection (c) 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 subtitle;
(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 subtitle; 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 subtitle.
(2) Claims by the united states acting in its capacity as
trustee for allottees.--Subject to the retention of claims set
forth in subsection (c), in return for recognition of the Tribal
Water Right and other benefits as set forth in the Pechanga
Settlement Agreement and this subtitle, 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, except to the
extent such rights are recognized in the Pechanga Settlement
Agreement and this subtitle.
(3) Claims by the band against the united states.--Subject to
the retention of rights set forth in subsection (c), the Band, is
authorized to execute a waiver and release of--
(A) 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 subtitle;
(B) 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;
(C) 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
(D) 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 subtitle.
(b) Effectiveness of Waivers and Releases.--The waivers under
subsection (a) shall take effect on the enforceability date.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases authorized in this subtitle, 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--
(1) all claims for enforcement of the Pechanga Settlement
Agreement and this subtitle;
(2) all claims against any person or entity other than the
United States and RCWD, including claims for monetary damages;
(3) all claims for water rights that are outside the
jurisdiction of the Adjudication Court;
(4) all rights to use and protect water rights acquired on or
after the enforceability date; and
(5) all remedies, privileges, immunities, powers, and claims,
including claims for water rights, not specifically waived and
released pursuant to this subtitle and the Pechanga Settlement
Agreement.
(d) Effect of Pechanga Settlement Agreement and Act.--Nothing in
the Pechanga Settlement Agreement or this subtitle--
(1) affects the ability of the United States, acting as a
sovereign, to take actions authorized by law, including any laws
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.); and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(2) 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;
(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 other
parties pursuant to Federal law regarding health, safety, or
the environment; or
(C) to conduct judicial review of Federal agency action;
(4) waives any claim of a member of the Band in an individual
capacity that does not derive from a right of the Band;
(5) 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;
(6) characterizes any amounts received by RCWD under the
Pechanga Settlement Agreement or this subtitle as Federal for
purposes of section 1649 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h-32); or
(7) 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.
(e) Enforceability Date.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a statement of
findings that--
(1) 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;
(2) all amounts authorized by this subtitle have been deposited
in the Fund;
(3) the waivers and releases authorized in subsection (a) have
been executed by the Band and the Secretary;
(4) the Extension of Service Area Agreement--
(A) has been approved and executed by all the parties to
the Extension of Service Area Agreement; and
(B) is effective and enforceable in accordance with the
terms of the Extension of Service Area Agreement; and
(5) the ESAA Water Delivery Agreement--
(A) has been approved and executed by all the parties to
the ESAA Water Delivery Agreement; and
(B) is effective and enforceable in accordance with the
terms of the ESAA Water Delivery Agreement.
(f) 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 for the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) April 30, 2030, or such alternate date after April 30,
2030, as is agreed to by the Band and the Secretary; or
(B) the enforceability date.
(2) 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.
(3) Limitation.--Nothing in this section precludes the tolling
of any period of limitations or any time-based equitable defense
under any other applicable law.
(g) Termination.--
(1) In general.--If all of the amounts authorized to be
appropriated to the Secretary pursuant to this subtitle have not
been made available to the Secretary by April 30, 2030--
(A) the waivers authorized by this section shall expire and
have no force or effect; and
(B) all statutes of limitations applicable to any claim
otherwise waived under this section shall be tolled until April
30, 2030.
(2) Voiding of waivers.--If a waiver authorized by this section
is void under paragraph (1)--
(A) the approval of the United States of the Pechanga
Settlement Agreement under section 3404 shall be void and have
no further force or effect;
(B) any unexpended Federal amounts appropriated or made
available to carry out this subtitle, 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 subtitle shall be returned to the Federal
Government, unless otherwise agreed to by the Band and the
United States and approved by Congress; and
(C) except for Federal amounts used to acquire or develop
property that is returned to the Federal Government under
subparagraph (B), the United States shall be entitled to set
off any Federal amounts appropriated or made available to carry
out this subtitle 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.
SEC. 3408. WATER FACILITIES.
(a) 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 subtitle and the
terms and conditions of those agreements.
(b) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(c) Recycled Water Infrastructure.--
(1) In general.--The Secretary shall, using amounts from the
Pechanga Recycled Water Infrastructure account, provide amounts for
the Storage Pond in accordance with this section.
(2) Storage pond.--
(A) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the Pechanga
Recycled Water Infrastructure account provide the amounts
necessary for a Storage Pond in accordance with the Recycled
Water Infrastructure Agreement, in an amount not to exceed
$2,656,374.
(B) Procedure.--The procedure for the Secretary to provide
amounts pursuant to this section shall be as set forth in the
Recycled Water Infrastructure Agreement.
(C) Liability.--The United States shall have no
responsibility or liability for the Storage Pond.
(d) ESAA Delivery Capacity.--
(1) 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
section.
(2) Interim capacity.--
(A) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the ESAA
Delivery Capacity account, provide amounts necessary for the
provision of Interim Capacity in accordance with the ESAA
Capacity Agreement in an amount not to exceed $1,000,000.
(B) Procedure.--The procedure for the Secretary to provide
amounts pursuant to this section shall be as set forth in the
ESAA Capacity Agreement.
(C) Liability.--The United States shall have no
responsibility or liability for the Interim Capacity to be
provided by RCWD or by the Band.
(D) 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.
(3) Permanent capacity.--
(A) In general.--The Secretary shall, subject to the
availability of appropriations, using amounts from the ESAA
Delivery Capacity account, provide amounts necessary for the
provision of Permanent Capacity in accordance with the ESAA
Capacity Agreement.
(B) Procedure.--The procedure for the Secretary to provide
funds pursuant to this section shall be as set forth in the
ESAA Capacity Agreement.
(C) Liability.--The United States shall have no
responsibility or liability for the Permanent Capacity to be
provided by RCWD or by the Band.
(D) 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.
SEC. 3409. PECHANGA SETTLEMENT FUND.
(a) 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
subtitle.
(b) Transfers to Fund.--The Fund shall consist of such amounts as
are deposited in the Fund under section 3411(a) of this subtitle,
together with any interest earned on those amounts, which shall be
available in accordance with subsection (e).
(c) Accounts of Pechanga Settlement Fund.--The Secretary shall
establish in the Fund the following accounts:
(1) Pechanga Recycled Water Infrastructure account, consisting
of amounts authorized pursuant to section 3411(a)(1).
(2) Pechanga ESAA Delivery Capacity account, consisting of
amounts authorized pursuant to section 3411(a)(2).
(3) Pechanga Water Fund account, consisting of amounts
authorized pursuant to section 3411(a)(3).
(4) Pechanga Water Quality account, consisting of amounts
authorized pursuant to section 3411(a)(4).
(d) 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--
(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.
(e) 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.
(f) Withdrawals by Band Pursuant to the American Indian Trust Fund
Management Reform Act.--
(1) 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.).
(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 Band shall spend all
amounts withdrawn from the Fund in accordance with this
subtitle.
(B) 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
subsection are used in accordance with this subtitle.
(g) Withdrawals by Band Pursuant to an Expenditure Plan.--
(1) 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.
(2) Requirements.--The expenditure plan under paragraph (1)
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 subsection (h).
(3) Approval.--If the Secretary determines that an expenditure
plan submitted under this subsection is consistent with the
purposes of this subtitle, the Secretary shall approve the plan.
(4) 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 subsection are used in accordance with this subtitle.
(h) Uses.--Amounts from the Fund shall be used by the Band for the
following purposes:
(1) Pechanga recycled water infrastructure account.--The
Pechanga Recycled Water Infrastructure account shall be used for
expenditures by the Band in accordance with section 3408(c).
(2) Pechanga esaa delivery capacity account.--The Pechanga ESAA
Delivery Capacity account shall be used for expenditures by the
Band in accordance with section 3408(d).
(3) Pechanga water fund account.--The Pechanga Water Fund
account shall be used for--
(A) payment of the EMWD Connection Fee;
(B) payment of the MWD Connection Fee; and
(C) any expenses, charges, or fees incurred by the Band in
connection with the delivery or use of water pursuant to the
Pechanga Settlement Agreement.
(4) 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.
(i) 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 subsection (f) or
(g).
(j) No Per Capita Distributions.--No portion of the Fund shall be
distributed on a per capita basis to any member of the Band.
SEC. 3410. MISCELLANEOUS PROVISIONS.
(a) 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 subtitle waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this subtitle
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.
(c) Limitation on Claims for Reimbursement.--With respect to Indian
land within the Reservation--
(1) 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 subtitle and the
Pechanga Settlement Agreement; and
(2) no assessment of any Indian-owned land located within the
Reservation shall be made regarding that cost.
(d) 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 Act with respect to preenforcement review
of any Federal environmental enforcement action.
SEC. 3411. AUTHORIZATION OF APPROPRIATIONS.
(a) 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 section 3408(c).
(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
sections 3408(d)(2)(D) and 3408(d)(3)(D) of this subtitle, with
such adjustment ending on the date on which funds authorized to be
appropriated under this section 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
section 3409(h)(3).
(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
section 3409(h)(4).
SEC. 3412. EXPIRATION ON FAILURE OF ENFORCEABILITY DATE.
If the Secretary does not publish a statement of findings under
section 3407(e) by April 30, 2021, or such alternative later date as is
agreed to by the Band and the Secretary, as applicable--
(1) this subtitle expires 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 subtitle shall be void;
(3) any amounts appropriated under section 3411, together with
any interest on those amounts, shall immediately revert to the
general fund of the Treasury; and
(4) any amounts made available under section 3411 that remain
unexpended shall immediately revert to the general fund of the
Treasury.
SEC. 3413. ANTIDEFICIENCY.
(a) In General.--Notwithstanding any authorization of
appropriations to carry out this subtitle, the expenditure or advance
of any funds, and the performance of any obligation by the Department
in any capacity, pursuant to this subtitle shall be contingent on the
appropriation of funds for that expenditure, advance, or performance.
(b) Liability.--The Department of the Interior shall not be liable
for the failure to carry out any obligation or activity authorized by
this subtitle if adequate appropriations are not provided to carry out
this subtitle.
Subtitle E--Delaware River Basin Conservation
SEC. 3501. 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. 3502. DEFINITIONS.
In this subtitle:
(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) Grant program.--The term ``grant program'' means the
voluntary Delaware River Basin Restoration Grant Program
established under section 3504.
(5) Program.--The term ``program'' means the nonregulatory
Delaware River Basin restoration program established under section
3503.
(6) 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.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director.
(8) Service.--The term ``Service'' means the United States Fish
and Wildlife Service.
SEC. 3503. 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 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
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 3504.
(c) Coordination.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental Protection
Agency;
(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. 3504. 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 3503(d).
(b) Criteria.--The Secretary, in consultation with the
organizations described in section 3503(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
3503(d)(2) and advance the implementation of priority actions or needs
identified in the Basinwide strategy adopted under section 3503(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.
SEC. 3505. ANNUAL LETTER.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary shall submit to Congress a detailed
letter on the implementation of this subtitle, including a description
of each project that has received funding under this subtitle.
SEC. 3506. PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION OF
INTERESTS IN LAND.
No funds may be appropriated or used under this subtitle for
acquisition by the Federal Government of any interest in land.
SEC. 3507. SUNSET.
This subtitle shall have no force or effect after September 30,
2023.
Subtitle F--Miscellaneous Provisions
SEC. 3601. 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. 3602. 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.
SEC. 3603. LAKE TAHOE RESTORATION.
(a) 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.''.
(b) 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.''.
(c) 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.
``(4) Availability of categorical exclusion for certain forest
management projects.--A forest management activity conducted in the
Lake Tahoe Basin Management Unit for the purpose of reducing forest
fuels is categorically excluded from the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
if the forest management activity--
``(A) notwithstanding section 423 of the Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2009 (division E of Public Law 111-8; 123 Stat. 748), does not
exceed 10,000 acres, including not more than 3,000 acres of
mechanical thinning;
``(B) is developed--
``(i) in coordination with impacted parties,
specifically including representatives of local
governments, such as county supervisors or county
commissioners; and
``(ii) in consultation with other interested parties;
and
``(C) is consistent with the Lake Tahoe Basin Management
Unit land and resource management plan.
``(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.''.
(d) 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.''.
(e) 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.''.
(f) Conforming Amendments; Updates to Related Laws.--
(1) Lake tahoe restoration act.--The Lake Tahoe Restoration Act
(Public Law 106-506; 114 Stat. 2351) is amended--
(A) by striking sections 8 and 9;
(B) by redesignating sections 10, 11, and 12 as sections 8,
9, and 10, respectively; and
(C) in section 9 (as redesignated by subparagraph (B)) by
inserting ``, Director, or Administrator'' after ``Secretary''.
(2) 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''.
(3) Treatment under title 49, united states code.--Section
5303(r)(2)(C) of title 49, United States Code, is amended--
(A) by inserting ``and 25 square miles of land area'' after
``145,000''; and
(B) by inserting ``and 12 square miles of land area'' after
``65,000''.
(g) Authorization of Appropriations.--The Lake Tahoe Restoration
Act (Public Law 106-506; 114 Stat. 2351) is amended by striking section
10 (as redesignated by subsection (f)(1)(B)) 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 7
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 two-thirds 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.''.
(1) 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--
(A) by striking ``(b) Lands'' and inserting the following:
``(b) Administration of Acquired Land.--
``(1) In general.--Land''; and
(B) 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).''.
SEC. 3604. TUOLUMNE BAND OF ME-WUK INDIANS.
(a) Federal Land.--Subject to valid existing rights, all right,
title, and interest (including improvements and appurtenances) of the
United States in and to the Federal land described in subsection (b)
shall be held in trust by the United States for the benefit of the
Tuolumne Band of Me-Wuk Indians for nongaming purposes.
(b) Land Description.--The land taken into trust under subsection
(a) is the approximately 80 acres of Federal land under the
administrative jurisdiction of the United States Forest Service,
located in Tuolumne County, California, and described as follows:
(1) Southwest 1/4 of Southwest 1/4 of Section 2, Township 1
North, Range 16 East.
(2) Northeast 1/4 of Northwest 1/4 of Section 11, Township 1
North, Range 16 East of the Mount Diablo Meridian.
(c) Gaming.--Class II and class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)) shall not be permitted at any time on the land taken into trust
under subsection (a).
SEC. 3605. SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION.
(a) San Luis Rey Settlement Agreement Implementation.--The San Luis
Rey Indian Water Rights Settlement Act (Public Law 100-675) is amended
by inserting after section 111 the following:
``SEC. 112. IMPLEMENTATION OF SETTLEMENT.
``(a) Findings.--Congress finds and recognizes as follows:
``(1) The City of Escondido, California, the Vista Irrigation
District, the San Luis Rey River Indian Water Authority, and the
Bands have approved an agreement, dated December 5, 2014, resolving
their disputes over the use of certain land and water rights in or
near the San Luis Rey River watershed, the terms of which are
consistent with this Act.
``(2) The Bands, the San Luis Rey River Indian Water Authority,
the City of Escondido, California, the Vista Irrigation District,
and the United States have approved a Settlement Agreement dated
January 30, 2015 (hereafter in this section referred to as the
`Settlement Agreement') that conforms to the requirements of this
Act.
``(b) Approval and Ratification.--All provisions of the Settlement
Agreement, including the waivers and releases of the liability of the
United States, the provisions regarding allottees, and the provision
entitled `Effect of Settlement Agreement and Act,' are hereby approved
and ratified.
``(c) Authorizations.--The Secretary and the Attorney General are
authorized to execute, on behalf of the United States, the Settlement
Agreement and any amendments approved by the parties as necessary to
make the Settlement Agreement consistent with this Act. Such execution
shall not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The
Secretary is further authorized and directed to take all steps that the
Secretary may deem necessary or appropriate to implement the Settlement
Agreement and this Act.
``(d) Continued Federally Reserved And Other Water Rights.--
``(1) In general.--Notwithstanding any other provision of law,
including any provisions in this Act, the Bands had, have, and
continue to possess federally reserved rights and other water
rights held in trust by the United States.
``(2) Future proceedings.--In any proceeding involving the
assertion, enforcement, or defense of the rights described in this
subsection, the United States, in its capacity as trustee for any
Band, shall not be a required party and any decision by the United
States regarding participation in any such proceeding shall not be
subject to judicial review or give rise to any claim for relief
against the United States.
``(e) Allottees.--Congress finds and confirms that the benefits to
allottees in the Settlement Agreement, including the remedies and
provisions requiring that any rights of allottees shall be satisfied
from supplemental water and other water available to the Bands or the
Indian Water Authority, are equitable and fully satisfy the water
rights of the allottees.
``(f) No Precedent.--Nothing in this Act shall be construed or
interpreted as a precedent for the litigation or settlement of Indian
reserved water rights.''.
(b) Disbursement of Funds.--The second sentence of section
105(b)(1) of the San Luis Rey Indian Water Rights Settlement Act
(Public Law 100-675) is amended by striking the period at the end, and
inserting the following: ``, provided that--
``(i) no more than $3,700,000 per year (in principal,
interest or both) may be so allocated; and
``(ii) none of the funds made available by this section
shall be available unless the Director of the Office of
Management and Budget first certifies in writing to the
Committee on Natural Resources of the House of
Representatives and the Committee on Indian Affairs of the
Senate that the federal budget will record budgetary
outlays from the San Luis Rey Tribal Development Fund of
only the monies, not to exceed $3,700,000 annually, that
the Secretary of the Treasury, pursuant to this section,
allocates and makes available to the Indian Water Authority
from the trust fund.''.
SEC. 3606. TULE RIVER INDIAN TRIBE.
(a) In General.--Subject to subsection (b), valid, existing rights,
and management agreements related to easements and rights-of-way, all
right, title, and interest (including improvements and appurtenances)
of the United States in and to the approximately 34 acres of Federal
lands generally depicted on the map titled ``Proposed Lands to be Held
in Trust for the Tule River Tribe'' and dated May 14, 2015, are hereby
held in trust by the United States for the benefit of the Tule River
Indian Tribe.
(b) Easements and Rights-of-Way.--For the purposes of subsection
(a), valid, existing rights include any easement or right-of-way for
which an application is pending with the Bureau of Land Management on
the date of the enactment of this Act. If such application is denied
upon final action, the valid, existing right related to the application
shall cease to exist.
(c) Availability of Map.--The map referred to in subsection (a)
shall be on file and available for public inspection at the office of
the California State Director, Bureau of Land Management.
(d) Conversion of Valid, Existing Rights.--
(1) Continuity of use.--Any person claiming in good faith to
have valid, existing rights to lands taken into trust by this
section may continue to exercise such rights to the same extent
that the rights were exercised before the date of the enactment of
this Act until the Secretary makes a determination on an
application submitted under paragraph (2)(B) or the application is
deemed to be granted under paragraph (3).
(2) Notice and application.--Consistent with sections 2800
through 2880 of title 43, Code of Federal Regulations, as soon as
practicable after the date of the enactment of this Act, the
Secretary of the Interior shall notify any person that claims to
have valid, existing rights, such as a management agreement,
easement, or other right-of-way, to lands taken into trust under
subsection (a) that--
(A) such lands have been taken into trust; and
(B) the person claiming the valid, existing rights has 60
days to submit an application to the Secretary requesting that
the valid, existing rights be converted to a long-term easement
or other right-of-way.
(3) Determination.--The Secretary of the Interior shall grant
or deny an application submitted under paragraph (2)(B) not later
than 180 days after the application is submitted. Such a
determination shall be considered a final action. If the Secretary
does not make a determination within 180 days after the application
is submitted, the application shall be deemed to be granted.
(e) Restriction on Gaming.--Lands taken into trust pursuant to
subsection (a) shall not be considered to have been taken into trust
for, and shall not be eligible for, class II gaming or class III gaming
(as those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
SEC. 3607. MORONGO BAND OF MISSION INDIANS.
(a) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Banning.--The term ``Banning'' means the City of Banning,
which is located in Riverside County, California adjacent to the
Morongo Indian Reservation.
(2) Fields.--The term ``Fields'' means Lloyd L. Fields, the
owner of record of Parcel A.
(3) Map.--The term ``map'' means the map entitled `Morongo
Indian Reservation, County of Riverside, State of California Land
Exchange Map', and dated May 22, 2014, which is on file in the
Bureau of Land Management State Office in Sacramento, California.
(4) Parcel a.--The term ``Parcel A'' means the approximately
41.15 acres designated on the map as ``Fields lands''.
(5) Parcel b.--The term ``Parcel B'' means the approximately
41.15 acres designated on the map as ``Morongo lands''.
(6) Parcel c.--The term ``Parcel C'' means the approximately
1.21 acres designated on the map as ``Banning land''.
(7) Parcel d.--The term ``Parcel D'' means the approximately
1.76 acres designated on the map as ``Easement to Banning''.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) Tribe.--The term ``Tribe'' means the Morongo Band of
Mission Indians, a federally recognized Indian tribe.
(b) Transfer of Lands; Trust Lands, Easement.--
(1) Transfer of parcel a and parcel b and easement over parcel
d.--Subject to any valid existing rights of any third parties and
to legal review and approval of the form and content of any and all
instruments of conveyance and policies of title insurance, upon
receipt by the Secretary of confirmation that Fields has duly
executed and deposited with a mutually acceptable and jointly
instructed escrow holder in California a deed conveying clear and
unencumbered title to Parcel A to the United States in trust for
the exclusive use and benefit of the Tribe, and upon receipt by
Fields of confirmation that the Secretary has duly executed and
deposited into escrow with the same mutually acceptable and jointly
instructed escrow holder a patent conveying clear and unencumbered
title in fee simple to Parcel B to Fields and has duly executed and
deposited into escrow with the same mutually acceptable and jointly
instructed escrow holder an easement to the City for a public
right-of-way over Parcel D, the Secretary shall instruct the escrow
holder to simultaneously cause--
(A) the patent to Parcel B to be recorded and issued to
Fields;
(B) the easement over Parcel D to be recorded and issued to
the City; and
(C) the deed to Parcel A to be delivered to the Secretary,
who shall immediately cause said deed to be recorded and held
in trust for the Tribe.
(2) Transfer of parcel c.--After the simultaneous transfer of
parcels A, B, and D under paragraph (1), upon receipt by the
Secretary of confirmation that the City has vacated its interest in
Parcel C pursuant to all applicable State and local laws, the
Secretary shall immediately cause Parcel C to be held in trust for
the Tribe subject to--
(A) any valid existing rights of any third parties; and
(B) legal review and approval of the form and content of
any and all instruments of conveyance.
SEC. 3608. 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, 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''
refers to the Oklahoma City Water Utilities Trust, acting
severally.
(22) United states.--The term ``United States'' means the
United States of America acting in its capacity as trustee for the
Nations, their respective members, citizens, and allottees, or as
specifically stated or limited in any given reference herein, in
which case it means the United States of America acting in the
capacity as set forth in said reference.
(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 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. At
least 90 days prior to filing such an action, the allottee
shall provide written notice of the suit to the United
States and the OWRB. For the United States, notice shall be
provided to the Solicitor's Office, Department of the
Interior, Washington D.C., and to the Office of the
Regional Director of the Muskogee Region, Bureau of Indian
Affairs, Department of the Interior.
(ii) Jurisdiction.--For purposes of this subsection--
(I) the United States District Court for the
Western District of Oklahoma shall have jurisdiction;
and
(II) as part of the complaint, the allottee shall
include certification of the pre-filing notice to the
United States and OWRB required by subparagraph (B)(i).
If such certification is not included with the
complaint, the complaint will be deemed filed 90 days
after such certification is complete and filed with the
court. Within 60 days after the complaint is filed or
deemed filed or within such extended time as the
District Court in its discretion may permit, the United
States may appear or intervene. After such appearance,
intervention or the expiration of the said 60 days or
any extension thereof, the proceedings and judgment in
such action shall bind the United States and the
parties thereto without regard to whether the United
States elects to appear or intervene in such action.
(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, each in its own right and on behalf of itself and its
respective citizens and members (but not individuals in their
capacities as allottees), and the United States, acting as a
trustee for the Nations (but not individuals in their capacities as
allottees), 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's or the Choctaw Nation's unique sovereign status
and rights as defined by Federal law and alleged to arise
from treaties to which they are signatories, including but
not limited to the Treaty of Dancing Rabbit Creek, Act of
Sept. 30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of
Jan. 17, 1837, 11 Stat. 573, and the related March 23,
1842, patent to the Choctaw Nation; 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 11-927 (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's or the Choctaw Nation's unique sovereign status
and rights as defined by Federal law and alleged to arise
from treaties to which they are signatories, including but
not limited to the Treaty of Dancing Rabbit Creek, Act of
Sept. 30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of
Jan. 17, 1837, 11 Stat. 573, and the related March 23,
1842, patent to the Choctaw Nation; 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 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 (I) through (III);
(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)(6)(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, or the Trust 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.
(3) Limitation.--Nothing in the Settlement Agreement--
(A) affects the ability of the United States, acting as
sovereign, to take actions authorized by law, including any
laws related 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
this section;
(B) affects the ability of the United States to raise
defenses based on 43 U.S.C. 666(a); and
(C) affects any rights, claims, or defenses the United
States may have with respect to the use of water on Federal
lands in the Settlement Area that are not trust lands or
Allotments.
Subtitle G--Blackfeet Water Rights Settlement
SEC. 3701. SHORT TITLE.
This subtitle may be cited as the ``Blackfeet Water Rights
Settlement Act''.
SEC. 3702. PURPOSES.
The purposes of this subtitle 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 subtitle;
(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 subtitle; and
(4) to authorize funds necessary for the implementation of the
Compact and this subtitle.
SEC. 3703. DEFINITIONS.
In this subtitle:
(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
subtitle.
(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 subtitle.
(5) Enforceability date.--The term ``enforceability date''
means the date described in section 3720(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 subtitle.
(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 subtitle.
(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 subtitle, including--
(A) the Lake Elwell allocation provided to the Tribe under
section 3709; and
(B) the instream flow water rights described in section
3719.
(21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe of
the Blackfeet Indian Reservation of Montana.
SEC. 3704. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--As modified by this subtitle, 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 subtitle.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this subtitle, 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 subtitle precludes the
Secretary from approving any modification to an appendix or exhibit
to the Compact that is consistent with this subtitle, 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 subtitle,
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 subtitle.
SEC. 3705. 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 Act; 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 Act; 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 3720(f)(5) that the Tribal membership has approved the
Compact and this subtitle, 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 3718(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. 3706. 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 3716 and subsection (a)(1)(C)
of section 3718.
(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
subtitle.
(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 OM&R 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
3707(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 3715(e).
(2) Compliance with other law.--All subcontracts described in
paragraph (1) shall comply with--
(A) this subtitle;
(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 subtitle.
SEC. 3707. 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 3706, together
with any use by the Tribe of that water in accordance with this
subtitle--
(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 subparagraph (A) 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 3718.
(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 three 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 one representative
of the Tribe, the Secretary appointing one representative of
the Secretary, and those two 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, prior to any adjustment provided for in section 3718, 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. 3708. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.
(a) Bureau of Reclamation Jurisdiction.--Effective beginning on the
date of enactment of this Act, 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 OM&R 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 OM&R 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. 3709. 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 subtitle.
(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 subtitle.
(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
subtitle 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 OM&R 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 OM&R
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. 3710. 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 3718.
(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
3718.
(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, prior to any adjustment
provided for in section 3718, 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 3707(d), 3711, 3712, or 3713; 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 3718.
SEC. 3711. 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 3718.
(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, prior to any adjustment
provided for in section 3718, 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 OM&R 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 3707(d), 3710, 3712, or 3713; 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. 3712. 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 subtitle; 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 3718.
(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, prior to any adjustment
provided for in section 3718, 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 OM&R 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 3707(d), 3710, 3711, or 3713; 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. 3713. 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 subtitle; 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, prior to any adjustment
provided for in section 3718, shall not exceed $91,000,000.
(d) OM&R Costs.--The Federal Government shall have no obligation to
pay for the OM&R 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. 3714. 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 3710 and 3711.
(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
3711, 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 subtitle shall be held in trust by
the United States for the benefit of the Tribe.
SEC. 3715. 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 subtitle.
(3) Conflict.--In the event of a conflict between the Compact
and this subtitle, the provisions of this subtitle 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
Act, taking into consideration--
(1) the potential risks, cost, and time delay associated with
litigation that would be resolved by the Compact and this subtitle;
(2) the availability of funding under this subtitle 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 subtitle 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
subtitle; 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 subtitle,
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 subtitle, 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 subtitle; 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 subtitle.
(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
subtitle, 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 Act 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
subtitle.
(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 subtitle for the allocation, distribution,
leasing, or other arrangement entered into pursuant to this
subtitle 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 subtitle--
(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. 3716. 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, consisting of the amounts deposited in the
Trust Fund under subsection (c), together with any interest earned on
those amounts, for the purpose of carrying out this subtitle.
(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 3718(a)(1)(A);
(2) in the OM&R Account, the amount made available pursuant to
section 3718(a)(1)(B);
(3) in the St. Mary Account, the amount made available pursuant
to section 3718(a)(1)(C); and
(4) in the Blackfeet Water, Storage, and Development Projects
Account, the amount made available pursuant to section
3718(a)(1)(D).
(d) Management and Interest.--
(1) 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--
(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 section.
(2) 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 (h).
(e) 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
subtitle 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 subtitle.
(f) 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
subtitle.
(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 subtitle.
(g) 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 subtitle.
(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 subtitle.
(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 subtitle.
(h) 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 subtitle 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 3713.
(i) 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).
(j) No Per Capita Distributions.--No portion of the Trust Fund
shall be distributed on a per capita basis to any member of the Tribe.
(k) 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. 3717. 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
subtitle.
(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 3718(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 3718(a)(2)(B); and
(3) in the St. Mary/Milk Water Management and Activities Fund,
the amount made available pursuant to section 3718(a)(2)(C).
(d) 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 3711 and 3712.
(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 3710.
(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 3705 and 3707.
(e) Management.--Amounts in the Implementation Fund shall not be
available to the Secretary for expenditure until the enforceability
date.
(f) 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 (d).
SEC. 3718. 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
3716(b)(1), $28,900,000;
(B) for deposit in the OM&R Account of the Blackfeet
Settlement Trust Fund established under section 3716(b)(2),
$27,760,000;
(C) for deposit in the St. Mary Account of the Blackfeet
Settlement Trust Fund established under section 3716(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 3716(b)(4), $91,000,000; and
(E) 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 3717(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
3717(b)(2), $54,900,000, of which--
(i) $40,900,000 shall be made available for activities
and projects under section 3710(c); and
(ii) $14,000,000 shall be made available for activities
and projects under section 3710(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 3717(b)(3),
$28,100,000, of which--
(i) $27,600,000 shall be allocated in accordance with
section 3707(g); and
(ii) $500,000 shall be used to carry out section 3705;
and
(D) 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. 3719. 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. 3720. 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 (c), as consideration for
recognition of the Tribal water rights and other benefits as
described in the Compact and this subtitle, 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
subtitle.
(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 (c), as consideration for
recognition of the Tribal water rights and other benefits as
described in the Compact and this subtitle, 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
subtitle.
(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
subtitle;
(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 subtitle;
(B) reserved in subsections (b) through (d) of section 3706
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 subtitle.
(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
subsection (f)(1) through (8) are not satisfied by the date of
expiration described in section 3723 of this subtitle.
(2) If the conditions of enforceability in subsection (f)(1)
through (8) 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 subtitle;
(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 Act; and
(3) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this subtitle or
the Compact.
(e) Effect of Compact and Subtitle.--Nothing in the Compact or this
subtitle--
(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 3718(a) have been
appropriated;
(3) the agreements required by sections 3706(c), 3707(f), and
3709(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 Act to the Tribe under the Compact, the Birch Creek
Agreement, and this subtitle;
(5) the members of the Tribe have voted to approve this
subtitle 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
3709(a);
(7) the agreement or terms and conditions referred to in
section 3705 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 Act and ending on the date on which the amounts
made available to carry out this subtitle 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 Act.
(h) Expiration.--If all appropriations authorized by this subtitle
have not been made available to the Secretary by January 21, 2026, or
such alternative later date as is agreed to by the Tribe and the
Secretary, 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 3704 shall no longer be effective;
(2) any unexpended Federal funds appropriated or made available
to carry out the activities authorized by this subtitle, 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 subtitle 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 subtitle 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. 3721. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribe under this
subtitle 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 3720(a); and
(2) objections withdrawn pursuant to section 3720(c).
(b) Allottee Claims.--The benefits realized by the allottees under
this subtitle shall be in complete replacement of, complete
substitution for, and full satisfaction of--
(1) all claims waived and released pursuant to section
3720(a)(2); and
(2) any claim of an allottee against the United States similar
in nature to a claim described in section 3720(a)(2) that the
allottee asserted or could have asserted.
SEC. 3722. 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 subtitle
waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this subtitle
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 subtitle 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 this 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 Act 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 subtitle 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 subtitle 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 subtitle 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. 3723. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.
If the Secretary fails to publish a statement of findings under
section 3720(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 subtitle 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 subtitle shall be void;
(3) any amounts made available under section 3718, 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 3716(e)(2) if the Montana
Water Court denies the Tribe's request to reinstate the objections
in section 3720(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 subtitle; and
(B) any funds made available to carry out the activities
authorized by this subtitle from other authorized sources,
except for any funds provided under section 3716(e)(2) if the
Montana Water court denies the Tribe's request to reinstate the
objections in section 3720(c).
SEC. 3724. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this subtitle (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 subtitle; or
(2) there are not enough monies available to carry out the
purposes of this subtitle 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)).
Subtitle H--Water Desalination
SEC. 3801. 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 or minimize, adverse 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.
``(d) Water Production.--The Secretary shall provide, as part of
the annual budget submission to Congress, an estimate of how much water
has been produced and delivered in the past fiscal year using processes
and facilities developed or demonstrated using assistance provided
under sections 3 and 4. This submission shall include, to the extent
practicable, available information on a detailed water accounting by
process and facility and the cost per acre foot of water produced and
delivered.''.
(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 subsection (a), 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.''.
Subtitle I--Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990
SEC. 3901. 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) 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; and
``(4) 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) securing a conservation easement; and
``(II) restoration or enhancement of the
conservation easement.
``(B) Appraisal of conservation easement.--
``(i) In general.--The value of 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
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 a
conservation easement described in clause (i)--
``(I) the appraisal valuation date shall be not
later than 1 year after the price of the 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 securing conservation easements.--
``(i) In general.--All costs associated with securing a
conservation easement and restoration or enhancement of
that 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 securing the
conservation easement and restoration or enhancement of
that 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) Prohibition on Use of Funds for Federal Acquisition of
Interests in Land.--Section 1009 (16 U.S.C. 941g) is further amended--
(1) by inserting before the sentence the following:
``(a) Authorization.--''; and
(2) by adding at the end the following:
``(b) Prohibition on Use of Funds for Federal Acquisition of
Interests in Land.--No funds appropriated or used to carry out this Act
may be used for acquisition by the Federal Government of any interest
in land.''.
(h) 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.
Subtitle J--California Water
SEC. 4001. OPERATIONS AND REVIEWS.
(a) Water Supplies.--The Secretary of the Interior and Secretary of
Commerce shall provide the maximum quantity of water supplies
practicable to Central Valley Project agricultural, municipal and
industrial contractors, water service or repayment contractors, water
rights settlement contractors, exchange contractors, refuge
contractors, and State Water Project contractors, by approving, in
accordance with applicable Federal and State laws (including
regulations), operations or temporary projects to provide additional
water supplies as quickly as possible, based on available information.
(b) Administration.--In carrying out subsection (a), the Secretary
of the Interior and Secretary of Commerce shall, consistent with
applicable laws (including regulations)--
(1)(A) in close coordination with the California Department of
Water Resources and the California Department of Fish and Wildlife,
implement a pilot project to test and evaluate the ability to
operate the Delta cross-channel gates daily or as otherwise may be
appropriate to keep them open to the greatest extent practicable to
protect out-migrating salmonids, manage salinities in the interior
Delta and any other water quality issues, and maximize Central
Valley Project and State Water Project pumping, subject to the
condition that the pilot project shall be designed and implemented
consistent with operational criteria and monitoring criteria
required by the California State Water Resources Control Board; and
(B) design, implement, and evaluate such real-time monitoring
capabilities to enable effective real-time operations of the cross
channel in order efficiently to meet the objectives described in
subparagraph (A);
(2) with respect to the operation of the Delta cross-channel
gates described in paragraph (1), collect data on the impact of
that operation on--
(A) species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) water quality; and
(C) water supply benefits;
(3) collaborate with the California Department of Water
Resources to install a deflection barrier at Georgiana Slough and
the Delta Cross Channel Gate to protect migrating salmonids,
consistent with knowledge gained from activities carried out during
2014 and 2015;
(4) upon completion of the pilot project in paragraph (1),
submit to the Senate Committees on Energy and Natural Resources and
Environment and Public Works and the House Committee on Natural
Resources a written notice and explanation on the extent to which
the gates are able to remain open and the pilot project achieves
all the goals set forth in paragraphs (1) through (3);
(5) implement turbidity control strategies that may allow for
increased water deliveries while avoiding jeopardy to adult Delta
smelt (Hypomesus transpacificus);
(6) in a timely manner, evaluate any proposal to increase flow
in the San Joaquin River through a voluntary sale, transfer, or
exchange of water from an agency with rights to divert water from
the San Joaquin River or its tributaries;
(7) adopt a 1:1 inflow to export ratio for the increment of
increased flow, as measured as a 3-day running average at Vernalis
during the period from April 1 through May 31, that results from
the voluntary sale, transfer, or exchange, unless the Secretary of
the Interior and Secretary of Commerce determine in writing that a
1:1 inflow to export ratio for that increment of increased flow
will cause additional adverse effects on listed salmonid species
beyond the range of the effects anticipated to occur to the listed
salmonid species for the duration of the salmonid biological
opinion using the best scientific and commercial data available;
and subject to the condition that any individual sale, transfer, or
exchange using a 1:1 inflow to export ratio adopted under the
authority of this section may only proceed if--
(A) the Secretary of the Interior determines that the
environmental effects of the proposed sale, transfer, or
exchange are consistent with effects permitted under applicable
law (including the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.), and the Porter-Cologne Water Quality
Control Act (California Water Code 13000 et seq.));
(B) Delta conditions are suitable to allow movement of the
acquired, transferred, or exchanged water through the Delta
consistent with existing Central Valley Project and State Water
Project permitted water rights and the requirements of
subsection (a)(1)(H) of the Central Valley Project Improvement
Act; and
(C) such voluntary sale, transfer, or exchange of water
results in flow that is in addition to flow that otherwise
would occur in the absence of the voluntary sale, transfer, or
exchange;
(8)(A) issue all necessary permit decisions during emergency
consultation under the authority of the Secretary of the Interior
and Secretary of Commerce not later than 60 days after receiving a
completed application by the State to place and use temporary
barriers or operable gates in Delta channels to improve water
quantity and quality for State Water Project and Central Valley
Project south-of-Delta water contractors and other water users,
which barriers or gates shall provide benefits for species
protection and in-Delta water user water quality, provided that
they are designed so that, if practicable, formal consultations
under section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) are not necessary; and
(B) take longer to issue the permit decisions in subparagraph
(A) only if the Secretary determines in writing that an
Environmental Impact Statement is needed for the proposal to comply
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(9) allow and facilitate, consistent with existing priorities,
water transfers through the C.W. ``Bill'' Jones Pumping Plant or
the Harvey O. Banks Pumping Plant from April 1 to November 30;
(10) require the Director of the United States Fish and
Wildlife Service and the Commissioner of Reclamation to--
(A) determine if a written transfer proposal is complete
within 30 days after the date of submission of the proposal. If
the contracting district or agency or the Secretary determines
that the proposal is incomplete, the district or agency or the
Secretary shall state with specificity what must be added to or
revised for the proposal to be complete;
(B) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. et seq.)
necessary to make final permit decisions on water transfer
requests in the State, not later than 45 days after receiving a
completed request;
(C) take longer to issue the permit decisions in
subparagraph (B) only if the Secretary determines in writing
that an Environmental Impact Statement is needed for the
proposal to comply with the National Environmental Policy Act
of 1969 (42 U.S.C. et seq.), or that the application is
incomplete pursuant to subparagraph (A); and
(D) approve any water transfer request described in
subparagraph (A) to maximize the quantity of water supplies on
the condition that actions associated with the water transfer
are consistent with--
(i) existing Central Valley Project and State Water
Project permitted water rights and the requirements of
section 3405(a)(1)(H) of the Central Valley Project
Improvement Act; and
(ii) all other applicable laws and regulations;
(11) in coordination with the Secretary of Agriculture, enter
into an agreement with the National Academy of Sciences to conduct
a comprehensive study, to be completed not later than 1 year after
the date of enactment of this subtitle, on the effectiveness and
environmental impacts of salt cedar biological control efforts on
increasing water supplies and improving riparian habitats of the
Colorado River and its principal tributaries, in the State of
California and elsewhere;
(12) pursuant to the research and adaptive management
procedures of the smelt biological opinion and the salmonid
biological opinion use all available scientific tools to identify
any changes to the real-time operations of Bureau of Reclamation,
State, and local water projects that could result in the
availability of additional water supplies; and
(13) determine whether alternative operational or other
management measures would meet applicable regulatory requirements
for listed species while maximizing water supplies and water supply
reliability; and
(14) continue to vary the averaging period of the Delta Export/
Inflow ratio, to the extent consistent with any applicable State
Water Resources Control Board orders under decision D-1641, to
operate to a
(A) ratio using a 3-day averaging period on the rising limb
of a Delta inflow hydrograph; and
(B) 14-day averaging period on the falling limb of the
Delta inflow hydrograph.
(c) Other Agencies.--To the extent that a Federal agency other than
the Department of the Interior and the Department of Commerce has a
role in approving projects described in subsections (a) and (b), this
section shall apply to the Federal agency.
(d) Accelerated Project Decision and Elevation.--
(1) In general.--On request of the Governor of California, the
Secretary of the Interior and Secretary of Commerce shall use the
expedited procedures under this subsection to make final decisions
relating to Federal or federally approved projects or operational
changes proposed pursuant to subsections (a) and (b) to provide
additional water supplies or otherwise address emergency drought
conditions.
(2) Request for resolution.--Not later than 7 days after
receiving a request of the Governor of California, the Secretaries
referred to in paragraph (1), or the head of another Federal agency
responsible for carrying out a review of a project, as applicable,
the Secretary of the Interior shall convene a final project
decision meeting with the heads of all relevant Federal agencies to
decide whether to approve a project to provide emergency water
supplies or otherwise address emergency drought condition.
(3) Notification.--Upon receipt of a request for a meeting
under this subsection, the Secretary of the Interior shall notify
the heads of all relevant Federal agencies of the request,
including a description of the project to be reviewed and the date
for the meeting.
(4) Decision.--Not later than 10 days after the date on which a
meeting is requested under paragraph (2), the head of the relevant
Federal agency shall issue a final decision on the project.
(2) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under this
subsection at any time, at the discretion of the Secretary,
regardless of whether a meeting is requested under paragraph (2).
(3) Limitation.--The expedited procedures under this subsection
apply only to--
(A) proposed new Federal projects or operational changes
pursuant to subsection (a) or (b); and
(B) the extent they are consistent with applicable laws
(including regulations).
(e) Operations Plan.--The Secretaries of Commerce and the Interior,
in consultation with appropriate State officials, shall develop an
operations plan that is consistent with the provisions of this subtitle
and other applicable Federal and State laws, including provisions that
are intended to provide additional water supplies that could be of
assistance during the current drought.
SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR FLOW
REQUIREMENTS.
(a) In General.--In implementing the provisions of the smelt
biological opinion and the salmonid biological opinion, the Secretary
of the Interior and the Secretary of Commerce shall manage reverse flow
in Old and Middle Rivers at the most negative reverse flow rate allowed
under the applicable biological opinion to maximize water supplies for
the Central Valley Project and the State Water Project, unless that
management of reverse flow in Old and Middle Rivers to maximize water
supplies would cause additional adverse effects on the listed fish
species beyond the range of effects anticipated to occur to the listed
fish species for the duration of the applicable biological opinion, or
would be inconsistent with applicable State law requirements, including
water quality, salinity control, and compliance with State Water
Resources Control Board Order D-1641 or a successor order.
(b) Requirements.--If the Secretary of the Interior or Secretary of
Commerce determines to manage rates of pumping at the C.W. ``Bill''
Jones and the Harvey O. Banks pumping plants in the southern Delta to
achieve a reverse OMR flow rate less negative than the most negative
reverse flow rate prescribed by the applicable biological opinion, the
Secretary shall--
(1) document in writing any significant facts regarding real-
time conditions relevant to the determinations of OMR reverse flow
rates, including--
(A) targeted real-time fish monitoring in the Old River
pursuant to this section, including as it pertains to the smelt
biological opinion monitoring of Delta smelt in the vicinity of
Station 902;
(B) near-term forecasts with available salvage models under
prevailing conditions of the effects on the listed species of
OMR flow at the most negative reverse flow rate prescribed by
the biological opinion; and
(C) any requirements under applicable State law; and
(2) explain in writing why any decision to manage OMR reverse
flow at rates less negative than the most negative reverse flow
rate prescribed by the biological opinion is necessary to avoid
additional adverse effects on the listed fish species beyond the
range of effects anticipated to occur to the listed fish species
for the duration of the applicable biological opinion, after
considering relevant factors such as--
(A) the distribution of the listed species throughout the
Delta;
(B) the potential effects of high entrainment risk on
subsequent species abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination, as required by applicable Federal or State laws;
(E) turbidity; and
(F) whether any alternative measures could have a
substantially lesser water supply impact.
(c) Level of Detail Required.--The analyses and documentation
required by this section shall be comparable to the depth and
complexity as is appropriate for real time decision-making. This
section shall not be interpreted to require a level of administrative
findings and documentation that could impede the execution of effective
real time adaptive management.
(d) First Sediment Flush.--During the first flush of sediment out
of the Delta in each water year, and provided that such determination
is based upon objective evidence, notwithstanding subsection (a), the
Secretary of the Interior shall manage OMR flow pursuant to the
provisions of the smelt biological opinion that protects adult Delta
smelt from the first flush if required to do so by the smelt biological
opinion.
(e) Construction.--The Secretary of the Interior and the Secretary
of Commerce are authorized to implement subsection (a) consistent with
the results of monitoring through Early Warning Surveys to make real
time operational decisions consistent with the current applicable
biological opinion.
(f) Calculation of Reverse Flow in OMR.--Within 180 days of the
enactment of this subtitle, the Secretary of the Interior is directed,
in consultation with the California Department of Water Resources, and
consistent with the smelt biological opinion and the salmonid
biological opinion, to review, modify, and implement, if appropriate,
the method used to calculate reverse flow in Old and Middle Rivers, for
implementation of the reasonable and prudent alternatives in the smelt
biological opinion and the salmonid biological opinion, and any
succeeding biological opinions.
SEC. 4003. TEMPORARY OPERATIONAL FLEXIBILITY FOR STORM EVENTS.
(a) In General.--
(1) Nothing in this subtitle authorizes additional adverse
effects on listed species beyond the range of the effects
anticipated to occur to the listed species for the duration of the
smelt biological opinion or salmonid biological opinion, using the
best scientific and commercial data available.
(2) When consistent with the environmental protection mandate
in paragraph (1) while maximizing water supplies for Central Valley
Project and State Water Project contractors, the Secretary of the
Interior and the Secretary of Commerce, through an operations plan,
shall evaluate and may authorize the Central Valley Project and the
State Water Project, combined, to operate at levels that result in
OMR flows more negative than the most negative reverse flow rate
prescribed by the applicable biological opinion (based on United
States Geological Survey gauges on Old and Middle Rivers) daily
average as described in subsections (b) and (c) to capture peak
flows during storm-related events.
(b) Factors to Be Considered.--In determining additional adverse
effects on any listed fish species beyond the range of effects
anticipated to occur to the listed fish species for the duration of the
smelt biological opinion or salmonid biological opinion, using the best
scientific and commercial data available, the Secretaries of the
Interior and Commerce may consider factors including:
(1) The degree to which the Delta outflow index indicates a
higher level of flow available for diversion.
(2) Relevant physical parameters including projected inflows,
turbidity, salinities, and tidal cycles.
(3) The real-time distribution of listed species.
(c) Other Environmental Protections.--
(1) State law.--The actions of the Secretary of the Interior
and the Secretary of Commerce under this section shall be
consistent with applicable regulatory requirements under State law.
(2) First sediment flush.--During the first flush of sediment
out of the Delta in each water year, and provided that such
determination is based upon objective evidence, the Secretary of
the Interior shall manage OMR flow pursuant to the portion of the
smelt biological opinion that protects adult Delta smelt from the
first flush if required to do so by the smelt biological opinion.
(3) Applicability of opinion.--This section shall not affect
the application of the salmonid biological opinion from April 1 to
May 31, unless the Secretary of Commerce finds that some or all of
such applicable requirements may be adjusted during this time
period to provide emergency water supply relief without resulting
in additional adverse effects on listed salmonid species beyond the
range of the effects anticipated to occur to the listed salmonid
species for the duration of the salmonid biological opinion using
the best scientific and commercial data available. In addition to
any other actions to benefit water supply, the Secretary of the
Interior and the Secretary of Commerce shall consider allowing
through-Delta water transfers to occur during this period if they
can be accomplished consistent with section 3405(a)(1)(H) of the
Central Valley Project Improvement Act and other applicable law.
Water transfers solely or exclusively through the State Water
Project are not required to be consistent with subsection (a)(1)(H)
of the Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the Fish and
Wildlife Service, National Marine Fisheries Service, and California
Department of Fish and Wildlife, shall undertake expanded
monitoring programs and other data gathering to improve the
efficiency of operations for listed species protections and Central
Valley Project and State Water Project water supply to ensure
incidental take levels are not exceeded, and to identify potential
negative impacts, if any.
(d) Effect of High Outflows.--When exercising their authorities to
capture peak flows pursuant to subsection (c), the Secretary of the
Interior and the Secretary of Commerce shall not count such days toward
the 5-day and 14-day running averages of tidally filtered daily Old and
Middle River flow requirements under the smelt biological opinion and
salmonid biological opinion, unless doing so is required to avoid
additional adverse effects on listed fish species beyond those
anticipated to occur through implementation of the smelt biological
opinion and salmonid biological opinion using the best scientific and
commercial data available.
(e) Level of Detail Required for Analysis.--In articulating the
determinations required under this section, the Secretary of the
Interior and the Secretary of Commerce shall fully satisfy the
requirements herein but shall not be expected to provide a greater
level of supporting detail for the analysis than feasible to provide
within the short timeframe permitted for timely real-time
decisionmaking in response to changing conditions in the Delta.
SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS.
(a) Resolution of Water Resource Issues.--In furtherance of the
policy established by section 2(c)(2) of the Endangered Species Act of
1973, that Federal agencies shall cooperate with State and local
agencies to resolve water resource issues in concert with conservation
of endangered species, in any consultation or reconsultation on the
coordinated operations of the Central Valley Project and the State
Water Project, the Secretaries of the Interior and Commerce shall
ensure that any public water agency that contracts for the delivery of
water from the Central Valley Project or the State Water Project that
so requests shall--
(1) have routine and continuing opportunities to discuss and
submit information to the action agency for consideration during
the development of any biological assessment;
(2) be informed by the action agency of the schedule for
preparation of a biological assessment;
(3) be informed by the consulting agency, the U.S. Fish and
Wildlife Service or the National Marine Fisheries Service, of the
schedule for preparation of the biological opinion at such time as
the biological assessment is submitted to the consulting agency by
the action agency;
(4) receive a copy of any draft biological opinion and have the
opportunity to review that document and provide comment to the
consulting agency through the action agency, which comments will be
afforded due consideration during the consultation;
(5) have the opportunity to confer with the action agency and
applicant, if any, about reasonable and prudent alternatives prior
to the action agency or applicant identifying one or more
reasonable and prudent alternatives for consideration by the
consulting agency; and
(6) where the consulting agency suggests a reasonable and
prudent alternative be informed--
(A) how each component of the alternative will contribute
to avoiding jeopardy or adverse modification of critical
habitat and the scientific data or information that supports
each component of the alternative; and
(B) why other proposed alternative actions that would have
fewer adverse water supply and economic impacts are inadequate
to avoid jeopardy or adverse modification of critical habitat.
(b) Input.--When consultation is ongoing, the Secretaries of the
Interior and Commerce shall regularly solicit input from and report
their progress to the Collaborative Adaptive Management Team and the
Collaborative Science and Adaptive Management Program policy group. The
Collaborative Adaptive Management Team and the Collaborative Science
and Adaptive Management Program policy group may provide the
Secretaries with recommendations to improve the effects analysis and
Federal agency determinations. The Secretaries shall give due
consideration to the recommendations when developing the Biological
Assessment and Biological Opinion.
(c) Meetings.--The Secretaries shall establish a quarterly
stakeholder meeting during any consultation or reconsultation for the
purpose of providing updates on the development of the Biological
Assessment and Biological Opinion. The quarterly stakeholder meeting
shall be open to stakeholders identified by the Secretaries
representing a broad range of interests including environmental,
recreational and commercial fishing, agricultural, municipal, Delta,
and other regional interests, and including stakeholders that are not
state or local agencies.
(d) Clarification.--Neither subsection (b) or (c) of this section
may be used to meet the requirements of subsection (a).
(e) Non-applicability of FACA.--For the purposes of subsection (b),
the Collaborative Adaptive Management Team, the Collaborative Science
and Adaptive Management Program policy group, and any recommendations
made to the Secretaries, are exempt from the Federal Advisory Committee
Act.
SEC. 4005. PROTECTIONS.
(a) Applicability.--This section shall apply only to sections 4001
through 4006.
(b) Offset for State Water Project.--
(1) Implementation impacts.--The Secretary of the Interior
shall confer with the California Department of Fish and Wildlife in
connection with the implementation of the applicable provisions of
this subtitle on potential impacts to any consistency determination
for operations of the State Water Project issued pursuant to
California Fish and Game Code section 2080.1.
(2) Additional yield.--If, as a result of the application of
the applicable provisions of this subtitle, the California
Department of Fish and Wildlife--
(A) determines that operations of the State Water Project
are inconsistent with the consistency determinations issued
pursuant to California Fish and Game Code section 2080.1 for
operations of the State Water Project; or
(B) requires take authorization under California Fish and
Game Code section 2081 for operation of the State Water
Project;
in a manner that directly or indirectly results in reduced water
supply to the State Water Project as compared with the water supply
available under the smelt biological opinion and the salmonid
biological opinion; and as a result, Central Valley Project yield
is greater than it otherwise would have been, then that additional
yield shall be made available to the State Water Project for
delivery to State Water Project contractors to offset that reduced
water supply, provided that if it is necessary to reduce water
supplies for any Central Valley Project authorized uses or
contractors to make available to the State Water Project that
additional yield, such reductions shall be applied proportionately
to those uses or contractors that benefit from that increased
yield.
(3) Notification related to environmental protections.--The
Secretary of the Interior and Secretary of Commerce shall--
(A) notify the Director of the California Department of
Fish and Wildlife regarding any changes in the manner in which
the smelt biological opinion or the salmonid biological opinion
is implemented; and
(B) confirm that those changes are consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(4) Savings.--Nothing in the applicable provisions of this
subtitle shall have any effect on the application of the California
Endangered Species Act (California Fish and Game Code sections 2050
through 2116).
(c) Area of Origin and Water Rights Protections.--
(1) In general.--The Secretary of the Interior and the
Secretary of Commerce, in carrying out the mandates of the
applicable provisions of this subtitle, shall take no action that--
(A) diminishes, impairs, or otherwise affects in any manner
any area of origin, watershed of origin, county of origin, or
any other water rights protection, including rights to water
appropriated before December 19, 1914, provided under State
law;
(B) limits, expands or otherwise affects the application of
section 10505, 10505.5, 11128, 11460, 11461, 11462, 11463 or
12200 through 12220 of the California Water Code or any other
provision of State water rights law, without respect to whether
such a provision is specifically referred to in this section;
or
(C) diminishes, impairs, or otherwise affects in any manner
any water rights or water rights priorities under applicable
law.
(2) Effect of act.--
(A) Nothing in the applicable provisions of this subtitle
affects or modifies any obligation of the Secretary of the
Interior under section 8 of the Act of June 17, 1902 (32 Stat.
390, chapter 1093).
(B) Nothing in the applicable provisions of this subtitle
diminishes, impairs, or otherwise affects in any manner any
Project purposes or priorities for the allocation, delivery or
use of water under applicable law, including the Project
purposes and priorities established under section 3402 and
section 3406 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706).
(d) No Redirected Adverse Impacts.--
(1) In general.--The Secretary of the Interior and Secretary of
Commerce shall not carry out any specific action authorized under
the applicable provisions of this subtitle that would directly or
through State agency action indirectly result in the involuntary
reduction of water supply to an individual, district, or agency
that has in effect a contract for water with the State Water
Project or the Central Valley Project, including Settlement and
Exchange contracts, refuge contracts, and Friant Division
contracts, as compared to the water supply that would be provided
in the absence of action under this subtitle, and nothing in this
section is intended to modify, amend or affect any of the rights
and obligations of the parties to such contracts.
(2) Action on determination.--If, after exploring all options,
the Secretary of the Interior or the Secretary of Commerce makes a
final determination that a proposed action under the applicable
provisions of this subtitle cannot be carried out in accordance
with paragraph (1), that Secretary--
(A) shall document that determination in writing for that
action, including a statement of the facts relied on, and an
explanation of the basis, for the decision; and
(B) is subject to applicable law, including the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e) Allocations for Sacramento Valley Water Service Contractors.--
(1) Definitions.--In this subsection:
(A) Existing central valley project agricultural water
service contractor within the sacramento river watershed.--The
term ``existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed''
means any water service contractor within the Shasta, Trinity,
or Sacramento River division of the Central Valley Project that
has in effect a water service contract on the date of enactment
of this subtitle that provides water for irrigation.
(B) Year terms.--The terms ``Above Normal'', ``Below
Normal'', ``Dry'', and ``Wet'', with respect to a year, have
the meanings given those terms in the Sacramento Valley Water
Year Type (40-30-30) Index.
(2) Allocations of water.--
(A) Allocations.--Subject to paragraph (3), the Secretary
of the Interior shall make every reasonable effort in the
operation of the Central Valley Project to allocate water
provided for irrigation purposes to each existing Central
Valley Project agricultural water service contractor within the
Sacramento River Watershed in accordance with the following:
(i) Not less than 100 percent of the contract quantity
of the existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed in
a ``Wet'' year.
(ii) Not less than 100 percent of the contract quantity
of the existing Central Valley Project agricultural water
service Contractor within the Sacramento River Watershed in
an ``Above Normal'' year.
(iii) Not less than 100 percent of the contract
quantity of the existing Central Valley Project
agricultural water service contractor within the Sacramento
River Watershed in a ``Below Normal'' year that is preceded
by an ``Above Normal'' or ``Wet'' year.
(iv) Not less than 50 percent of the contract quantity
of the existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed in
a ``Dry'' year that is preceded by a ``Below Normal'',
``Above Normal'', or ``Wet'' year.
(v) In any other year not identified in any of clauses
(i) through (iv), not less than twice the allocation
percentage to south-of-Delta Central Valley Project
agricultural water service contractors, up to 100 percent.
(B) Effect of clause.--In the event of anomalous
circumstances, nothing in clause (A)(v) precludes an allocation
to an existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed that
is greater than twice the allocation percentage to a south-of-
Delta Central Valley Project agricultural water service
contractor.
(3) Protection of environment, municipal and industrial
supplies, and other contractors.--
(A) Environment.--Nothing in paragraph (2) shall adversely
affect any protections for the environment, including--
(i) the obligation of the Secretary of the Interior to
make water available to managed wetlands pursuant to
section 3406(d) of the Central Valley Project Improvement
Act (Public Law 102-575; 106 Stat. 4722); or
(ii) any obligation--
(I) of the Secretary of the Interior and the
Secretary of Commerce under the smelt biological
opinion, the salmonid biological opinion, or any other
applicable biological opinion; including the Shasta Dam
cold water pool requirements as set forth in the
salmonid biological opinion or any other applicable
State or Federal law (including regulations); or
(II) under the Endangered Species Act of 1973 (16
U.S.C. et seq.), the Central Valley Project Improvement
Act (Public Law 102-575; 106 Stat. 4706), or any other
applicable State or Federal law (including
regulations).
(B) Municipal and industrial supplies.--Nothing in
paragraph (2) shall--
(i) modify any provision of a water service contract
that addresses municipal or industrial water shortage
policies of the Secretary of the Interior and the Secretary
of Commerce;
(ii) affect or limit the authority of the Secretary of
the Interior and the Secretary of Commerce to adopt or
modify municipal and industrial water shortage policies;
(iii) affect or limit the authority of the Secretary of
the Interior and the Secretary of Commerce to implement a
municipal or industrial water shortage policy;
(iv) constrain, govern, or affect, directly or
indirectly, the operations of the American River division
of the Central Valley Project or any deliveries from that
division or a unit or facility of that division; or
(v) affects any allocation to a Central Valley Project
municipal or industrial water service contractor by
increasing or decreasing allocations to the contractor, as
compared to the allocation the contractor would have
received absent paragraph (2).
(C) Other contractors.--Nothing in paragraph (2) shall--
(i) affect the priority of any individual or entity
with a Sacramento River settlement contract over water
service or repayment contractors;
(ii) affect the obligation of the United States to make
a substitute supply of water available to the San Joaquin
River exchange contractors;
(iii) affect the allocation of water to Friant division
contractors of the Central Valley Project;
(iv) result in the involuntary reduction in contract
water allocations to individuals or entities with contracts
to receive water from the Friant division;
(v) result in the involuntary reduction in water
allocations to refuge contractors; or
(vi) authorize any actions inconsistent with State
water rights law.
SEC. 4006. NEW MELONES RESERVOIR.
The Commissioner is directed to work with local water and
irrigation districts in the Stanislaus River Basin to ascertain the
water storage made available by the Draft Plan of Operations in New
Melones Reservoir (DRPO) for water conservation programs, conjunctive
use projects, water transfers, rescheduled project water and other
projects to maximize water storage and ensure the beneficial use of the
water resources in the Stanislaus River Basin. All such programs and
projects shall be implemented according to all applicable laws and
regulations. The source of water for any such storage program at New
Melones Reservoir shall be made available under a valid water right,
consistent with the State water transfer guidelines and any other
applicable State water law. The Commissioner shall inform the Congress
within 18 months setting forth the amount of storage made available by
the DRPO that has been put to use under this program, including
proposals received by the Commissioner from interested parties for the
purpose of this section.
SEC. 4007. STORAGE.
(a) Definitions.--In this subtitle:
(1) Federally owned storage project.--The term ``federally
owned storage project'' means any project involving a surface water
storage facility in a Reclamation State--
(A) to which the United States holds title; and
(B) that was authorized to be constructed, operated, and
maintained pursuant to the reclamation laws.
(2) State-led storage project.--The term ``State-led storage
project'' means any project in a Reclamation State that--
(A) involves a groundwater or surface water storage
facility constructed, operated, and maintained by any State,
department of a State, subdivision of a State, or public agency
organized pursuant to State law; and
(B) provides a benefit in meeting any obligation under
Federal law (including regulations).
(b) Federally Owned Storage Projects.--
(1) Agreements.--On the request of any State, any department,
agency, or subdivision of a State, or any public agency organized
pursuant to State law, the Secretary of the Interior may negotiate
and enter into an agreement on behalf of the United States for the
design, study, and construction or expansion of any federally owned
storage project in accordance with this section.
(2) Federal cost share.--Subject to the requirements of this
subsection, the Secretary of the Interior may participate in a
federally owned storage project in an amount equal to not more than
50 percent of the total cost of the federally owned storage
project.
(3) Commencement.--The construction of a federally owned
storage project that is the subject of an agreement under this
subsection shall not commence until the Secretary of the Interior--
(A) determines that the proposed federally owned storage
project is feasible in accordance with the reclamation laws;
(B) secures an agreement providing upfront funding as is
necessary to pay the non-Federal share of the capital costs;
and
(C) determines that, in return for the Federal cost-share
investment in the federally owned storage project, at least a
proportionate share of the project benefits are Federal
benefits, including water supplies dedicated to specific
purposes such as environmental enhancement and wildlife
refuges.
(4) Environmental laws.--In participating in a federally owned
storage project under this subsection, the Secretary of the
Interior shall comply with all applicable environmental laws,
including the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(c) State-Led Storage Projects.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary of the Interior may participate in a
State-led storage project in an amount equal to not more than 25
percent of the total cost of the State-led storage project.
(2) Request by governor.--Participation by the Secretary of the
Interior in a State-led storage project under this subsection shall
not occur unless--
(A) the participation has been requested by the Governor of
the State in which the State-led storage project is located;
(B) the State or local sponsor determines, and the
Secretary of the Interior concurs, that--
(i) the State-led storage project is technically and
financially feasible and provides a Federal benefit in
accordance with the reclamation laws;
(ii) sufficient non-Federal funding is available to
complete the State-led storage project; and
(iii) the State-led storage project sponsors are
financially solvent;
(C) the Secretary of the Interior determines that, in
return for the Federal cost-share investment in the State-led
storage project, at least a proportional share of the project
benefits are the Federal benefits, including water supplies
dedicated to specific purposes such as environmental
enhancement and wildlife refuges; and
(D) the Secretary of the Interior submits to Congress a
written notification of these determinations within 30 days of
making such determinations.
(3) Environmental laws.--When participating in a State-led
storage project under this subsection, the Secretary shall comply
with all applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Information.--When participating in a State-led storage
project under this subsection, the Secretary of the Interior--
(A) may rely on reports prepared by the sponsor of the
State-led storage project, including feasibility (or
equivalent) studies, environmental analyses, and other
pertinent reports and analyses; but
(B) shall retain responsibility for making the independent
determinations described in paragraph (2).
(d) Authority To Provide Assistance.--The Secretary of the Interior
may provide financial assistance under this subtitle to carry out
projects within any Reclamation State.
(e) Rights To Use Capacity.--Subject to compliance with State water
rights laws, the right to use the capacity of a federally owned storage
project or State-led storage project for which the Secretary of the
Interior has entered into an agreement under this subsection shall be
allocated in such manner as may be mutually agreed to by the Secretary
of the Interior and each other party to the agreement.
(f) Compliance With California Water Bond.--
(1) In general.--The provision of Federal funding for
construction of a State-led storage project in the State of
California shall be subject to the condition that the California
Water Commission shall determine that the State-led storage project
is consistent with the California Water Quality, Supply, and
Infrastructure Improvement Act, approved by California voters on
November 4, 2014.
(2) Applicability.--This subsection expires on the date on
which State bond funds available under the Act referred to in
paragraph (1) are expended.
(g) Partnership and Agreements.--The Secretary of the Interior,
acting through the Commissioner, may partner or enter into an agreement
regarding the water storage projects identified in section 103(d)(1) of
the Water Supply, Reliability, and Environmental Improvement Act
(Public Law 108-361; 118 Stat. 1688) with local joint powers
authorities formed pursuant to State law by irrigation districts and
other local water districts and local governments within the applicable
hydrologic region, to advance those projects.
(h) Authorization of Appropriations.--
(1) $335,000,000 of funding in section 4011(e) is authorized to
remain available until expended.
(2) Projects can only receive funding if enacted appropriations
legislation designates funding to them by name, after the Secretary
recommends specific projects for funding pursuant to this section
and transmits such recommendations to the appropriate committees of
Congress.
(i) Sunset.--This section shall apply only to federally owned
storage projects and State-led storage projects that the Secretary of
the Interior determines to be feasible before January 1, 2021.
(j) Consistency With State Law.--Nothing in this section preempts
or modifies any obligation of the United States to act in conformance
with applicable State law.
(k) Calfed Authorization.--Title I of Public Law 108-361 (the
Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860;
128 Stat. 164; 128 Stat. 2312) (as amended by section 207 of Public Law
114-113) is amended by striking ``2017'' each place it appears and
inserting ``2019''.
SEC. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION OF STORAGE
PROJECTS.
(a) Marinas, Recreational Facilities, Other Businesses.--If in
constructing any new or modified water storage project included in
section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684), the Bureau
of Reclamation destroys or otherwise adversely affects any existing
marina, recreational facility, or other water-dependent business when
constructing or operating a new or modified water storage project, the
Secretaries of the Interior and Agriculture, acting through the Bureau
and the Forest Service shall--
(1) provide compensation otherwise required by law; and
(2) provide the owner of the affected marina, recreational
facility, or other water-dependent business under mutually
agreeable terms and conditions with the right of first refusal to
construct and operate a replacement marina, recreational facility,
or other water-dependent business, as the case may be, on United
States land associated with the new or modified water storage
project.
(b) Hydroelectric Projects.--If in constructing any new or modified
water storage project included in section 103(d)(1)(A) of Public Law
108-361 (118 Stat. 1684), the Bureau of Reclamation reduces or
eliminates the capacity or generation of any existing non-Federal
hydroelectric project by inundation or otherwise, the Secretary of the
Interior shall, subject to the requirements and limitations of this
section--
(1) provide compensation otherwise required by law;
(2) provide the owner of the affected hydroelectric project
under mutually agreeable terms and conditions with a right of first
refusal to construct, operate, and maintain replacement
hydroelectric generating facilities at such new or modified water
storage project on Federal land associated with the new or modified
water storage project or on private land owned by the affected
hydroelectric project owner;
(3) provide compensation for the construction of any water
conveyance facilities as are necessary to convey water to any new
powerhouse constructed by such owner in association with such new
hydroelectric generating facilities;
(4) provide for paragraphs (1), (2), and (3) at a cost not to
exceed the estimated value of the actual impacts to any existing
non-Federal hydroelectric project, including impacts to its
capacity and energy value, and as estimated for the associated
feasibility study, including additional planning, environmental,
design, construction, and operations and maintenance costs for
existing and replacement facilities; and
(5) ensure that action taken under paragraphs (1), (2), (3),
and (4) shall not directly or indirectly increase the costs to
recipients of power marketed by the Western Area Power
Administration, nor decrease the value of such power.
(c) Existing Licensee.--The owner of any project affected under
subsection (b)(2) shall be deemed the existing licensee, in accordance
with section 15(a) of the Act of June 10, 1920 (16 U.S.C. 808(a)), for
any replacement project to be constructed within the proximate
geographic area of the affected project.
(d) Cost Allocation.--
(1) Compensation.--Any compensation under this section shall be
a project cost allocated solely to the direct beneficiaries of the
new or modified water project constructed under this section.
(2) Replacement costs.--The costs of the replacement project,
and any compensation, shall be--
(A) treated as a stand-alone project and shall not be
financially integrated in any other project; and
(B) allocated in accordance with mutually agreeable terms
between the Secretary and project beneficiaries.
(e) Applicability.--This section shall only apply to federally
owned water storage projects whether authorized under section 4007 or
some other authority.
(f) Limitation.--Nothing in this section affects the ability of
landowners or Indian tribes to seek compensation or any other remedy
otherwise provided by law.
(g) Savings Clause.--No action taken under this section shall
directly or indirectly increase the costs to recipients of power
marketed by the Western Area Power Administration, nor decrease the
value of such power.
SEC. 4009. OTHER WATER SUPPLY PROJECTS.
(a) Water Desalination Act Amendments.--Section 4 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(1) Projects.--
``(A) In general.--Subject to the requirements of this
subsection, the Secretary of the Interior may participate in an
eligible desalination project in an amount equal to not more
than 25 percent of the total cost of the eligible desalination
project.
``(B) Eligible desalination project.--The term `eligible
desalination project' means any project in a Reclamation State,
that--
``(i) involves an ocean or brackish water desalination
facility either constructed, operated and maintained; or
sponsored by any State, department of a State, subdivision
of a State or public agency organized pursuant to a State
law; and
``(ii) provides a Federal benefit in accordance with
the reclamation laws (including regulations).
``(C) State role.--Participation by the Secretary of the
Interior in an eligible desalination project under this
subsection shall not occur unless--
``(i) the project is included in a state-approved plan
or federal participation has been requested by the Governor
of the State in which the eligible desalination project is
located; and
``(ii) the State or local sponsor determines, and the
Secretary of the Interior concurs, that--
``(I) the eligible desalination project is
technically and financially feasible and provides a
Federal benefit in accordance with the reclamation
laws;
``(II) sufficient non-Federal funding is available
to complete the eligible desalination project; and
``(III) the eligible desalination project sponsors
are financially solvent; and
``(iii) the Secretary of the Interior submits to
Congress a written notification of these determinations
within 30 days of making such determinations.
``(D) Environmental laws.--When participating in an
eligible desalination project under this subsection, the
Secretary shall comply with all applicable environmental laws,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(E) Information.--When participating in an eligible
desalination project under this subsection, the Secretary of
the Interior--
``(i) may rely on reports prepared by the sponsor of
the eligible desalination project, including feasibility
(or equivalent) studies, environmental analyses, and other
pertinent reports and analyses; but
``(ii) shall retain responsibility for making the
independent determinations described in subparagraph (C).
``(F) Authorization of appropriations.--
``(i) $30,000,000 of funding is authorized to remain
available until expended; and
``(ii) Projects can only receive funding if enacted
appropriations legislation designates funding to them by
name, after the Secretary recommends specific projects for
funding pursuant to this subsection and transmits such
recommendations to the appropriate committees of
Congress.''.
(c) Authorization of New Water Recycling and Reuse Projects.--
Section 1602 of the Reclamation Wastewater and Groundwater Study and
Facilities Act (title XVI of Public Law 102-575; 43 U.S.C. 390h et.
seq.) is amended by adding at the end the following new subsections:
``(e) Authorization of New Water Recycling and Reuse Projects.--
``(1) Submission to the secretary.--
``(A) In general.--Non-Federal interests may submit
proposals for projects eligible to be authorized pursuant to
this section in the form of completed feasibility studies to
the Secretary.
``(B) Eligible projects.--A project shall be considered
eligible for consideration under this section if the project
reclaims and reuses--
``(i) municipal, industrial, domestic, or agricultural
wastewater; or
``(ii) impaired ground or surface waters.
``(C) Guidelines.--Within 60 days of the enactment of this
Act the Secretary shall issue guidelines for feasibility
studies for water recycling and reuse projects to provide
sufficient information for the formulation of the studies.
``(2) Review by the secretary.--The Secretary shall review each
feasibility study received under paragraph (1)(A) for the purpose
of--
``(A) determining whether the study, and the process under
which the study was developed, each comply with Federal laws
and regulations applicable to feasibility studies of water
recycling and reuse projects; and
``(B) the project is technically and financially feasible
and provides a Federal benefit in accordance with the
reclamation laws.
``(3) Submission to congress.--Not later than 180 days after
the date of receipt of a feasibility study received under paragraph
(1)(A), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes--
``(A) the results of the Secretary's review of the study
under paragraph (2), including a determination of whether the
project is feasible;
``(B) any recommendations the Secretary may have concerning
the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(4) Eligibility for funding.--The non-Federal project sponsor
of any project determined by the Secretary to be feasible under
paragraph (3)(A) shall be eligible to apply to the Secretary for
funding for the Federal share of the costs of planning, designing
and constructing the project pursuant to subsection (f).
``(f) Competitive Grant Program for the Funding of Water Recycling
and Reuse Projects.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program under which the non-Federal project
sponsor of any project determined by the Secretary to be feasible
under subsection (e)(3)(A) shall be eligible to apply for funding
for the planning, design, and construction of the project, subject
to subsection (g)(2).
``(2) Priority.--When funding projects under paragraph (1), the
Secretary shall give funding priority to projects that meet one or
more of the criteria listed in paragraph (3) and are located in an
area that--
``(A) has been identified by the United States Drought
Monitor as experiencing severe, extreme, or exceptional drought
at any time in the 4-year period before such funds are made
available; or
``(B) was designated as a disaster area by a State during
the 4-year period before such funds are made available.
``(3) Criteria.--The project criteria referred to in paragraph
(2) are the following:
``(A) Projects that are likely to provide a more reliable
water supply for States and local governments.
``(B) Projects that are likely to increase the water
management flexibility and reduce impacts on environmental
resources from projects operated by Federal and State agencies.
``(C) Projects that are regional in nature.
``(D) Projects with multiple stakeholders.
``(E) Projects that provide multiple benefits, including
water supply reliability, eco-system benefits, groundwater
management and enhancements, and water quality improvements.
``(g) Authorization of Appropriations.--
``(1) There is authorized to be appropriated to the Secretary
of the Interior an additional $50,000,000 to remain available until
expended.
``(2) Projects can only receive funding if enacted
appropriations legislation designates funding to them by name,
after the Secretary recommends specific projects for funding
pursuant to subsection (f) and transmits such recommendations to
the appropriate committees of Congress.''.
(d) Funding.--Section 9504 of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364) is amended in subsection (e) by striking
``$350,000,000'' and inserting ``$450,000,000'' on the condition that
of that amount, $50,000,000 of it is used to carry out section 206 of
the Energy and Water Development and Related Agencies Appropriation
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235).
SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES AND
OTHER WILDLIFE.
(a) Increased Real-Time Monitoring and Updated Science.--
(1) Smelt biological opinion.--The Director shall use the best
scientific and commercial data available to implement, continuously
evaluate, and refine or amend, as appropriate, the reasonable and
prudent alternative described in the smelt biological opinion.
(2) Increased monitoring to inform real-time operations.--
(A) In general.--The Secretary of the Interior shall
conduct additional surveys, on an annual basis at the
appropriate time of year based on environmental conditions, in
collaboration with interested stakeholders regarding the
science of the Delta in general, and to enhance real time
decisionmaking in particular, working in close coordination
with relevant State authorities.
(B) Requirements.--In carrying out this subsection, the
Secretary of the Interior shall use--
(i) the most appropriate and accurate survey methods
available for the detection of Delta smelt to determine the
extent to which adult Delta smelt are distributed in
relation to certain levels of turbidity or other
environmental factors that may influence salvage rate;
(ii) results from appropriate surveys for the detection
of Delta smelt to determine how the Central Valley Project
and State Water Project may be operated more efficiently to
maximize fish and water supply benefits; and
(iii) science-based recommendations developed by any of
the persons or entities described in paragraph (4)(B) to
inform the agencies' real-time decisions.
(C) Winter monitoring.--During the period between December
1 and March 31, if suspended sediment loads enter the Delta
from the Sacramento River, and the suspended sediment loads
appear likely to raise turbidity levels in the Old River north
of the export pumps from values below 12 Nephelometric
Turbidity Units (NTUs) to values above 12 NTUs, the Secretary
of the Interior shall--
(i) conduct daily monitoring using appropriate survey
methods at locations including the vicinity of Station 902
to determine the extent to which adult Delta smelt are
moving with turbidity toward the export pumps; and
(ii) use results from the monitoring under subparagraph
(A) to determine how increased trawling can inform daily
real-time Central Valley Project and State Water Project
operations to maximize fish and water supply benefits.
(3) Periodic review of monitoring.--Not later than 1 year after
the date of enactment of this subtitle, the Secretary of the
Interior shall--
(A) evaluate whether the monitoring program under paragraph
(2), combined with other monitoring programs for the Delta, is
providing sufficient data to inform Central Valley Project and
State Water Project operations to maximize the water supply for
fish and water supply benefits; and
(B) determine whether the monitoring efforts should be
changed in the short or long term to provide more useful data.
(4) Delta smelt distribution study.--
(A) In general.--Not later than March 15, 2021, the
Secretary of the Interior shall--
(i) complete studies, to be initiated by not later than
90 days after the date of enactment of this subtitle,
designed--
(I) to understand the location and determine the
abundance and distribution of Delta smelt throughout
the range of the Delta smelt; and
(II) to determine potential methods to minimize the
effects of Central Valley Project and State Water
Project operations on the Delta smelt;
(ii) based on the best available science, if
appropriate and practicable, implement new targeted
sampling and monitoring of Delta smelt in order to maximize
fish and water supply benefits prior to completion of the
study under clause (i);
(iii) to the maximum extent practicable, use new
technologies to allow for better tracking of Delta smelt,
such as acoustic tagging, optical recognition during
trawls, and fish detection using residual deoxyribonucleic
acid (DNA); and
(iv) if new sampling and monitoring is not implemented
under clause (ii), provide a detailed explanation of the
determination of the Secretary of the Interior that no
change is warranted.
(B) Consultation.--In determining the scope of the studies
under this subsection, the Secretary of the Interior shall
consult with--
(i) Central Valley Project and State Water Project
water contractors and public water agencies;
(ii) other public water agencies;
(iii) the California Department of Fish and Wildlife
and the California Department of Water Resources; and
(iv) nongovernmental organizations.
(b) Actions to Benefit Endangered Fish Populations.--
(1) Findings.--Congress finds that--
(A) minimizing or eliminating stressors to fish populations
and their habitat in an efficient and structured manner is a
key aspect of a fish recovery strategy;
(B) functioning, diverse, and interconnected habitats are
necessary for a species to be viable; and
(C) providing for increased fish habitat may not only allow
for a more robust fish recovery, but also reduce impacts to
water supplies.
(2) Actions for benefit of endangered species.--There is
authorized to be appropriated the following amounts:
(A) $15,000,000 for the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmospheric
Administration, to carry out the following activities in
accordance with the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.):
(i) Gravel and rearing area additions and habitat
restoration to the Sacramento River to benefit Chinook
salmon and steelhead trout.
(ii) Scientifically improved and increased real-time
monitoring to inform real-time operations of Shasta and
related Central Valley Project facilities, and alternative
methods, models, and equipment to improve temperature
modeling and related forecasted information for purposes of
predicting impacts to salmon and salmon habitat as a result
of water management at Shasta.
(iii) Methods to improve the Delta salvage systems,
including alternative methods to redeposit salvaged salmon
smolts and other fish from the Delta in a manner that
reduces predation losses.
(B) $3,000,000 for the Secretary of the Interior to conduct
the Delta smelt distribution study referenced in subsection
(a)(4).
(3) Commencement.--If the Administrator of the National Oceanic
and Atmospheric Administration determines that a proposed activity
is feasible and beneficial for protecting and recovering a fish
population, the Administrator shall commence implementation of the
activity by not later than 1 year after the date of enactment of
this subtitle.
(4) Consultation.--The Administrator shall take such steps as
are necessary to partner with, and coordinate the efforts of, the
Department of the Interior, the Department of Commerce, and other
relevant Federal departments and agencies to ensure that all
Federal reviews, analyses, opinions, statements, permits, licenses,
and other approvals or decisions required under Federal law are
completed on an expeditious basis, consistent with Federal law.
(5) Conservation fish hatcheries.--
(A) In general.--Not later than 2 years after the date of
enactment of this subtitle, the Secretaries of the Interior and
Commerce, in coordination with the Director of the California
Department of Fish and Wildlife, shall develop and implement as
necessary the expanded use of conservation hatchery programs to
enhance, supplement, and rebuild Delta smelt and Endangered
Species Act-listed fish species under the smelt and salmonid
biological opinions.
(B) Requirements.--The conservation hatchery programs
established under paragraph (1) and the associated hatchery and
genetic management plans shall be designed--
(i) to benefit, enhance, support, and otherwise recover
naturally spawning fish species to the point where the
measures provided under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) are no longer necessary; and
(ii) to minimize adverse effects to Central Valley
Project and State Water Project operations.
(C) Priority; cooperative agreements.--In implementing this
section, the Secretaries of the Interior and Commerce--
(i) shall give priority to existing and prospective
hatchery programs and facilities within the Delta and the
riverine tributaries thereto; and
(ii) may enter into cooperative agreements for the
operation of conservation hatchery programs with States,
Indian tribes, and other nongovernmental entities for the
benefit, enhancement, and support of naturally spawning
fish species.
(6) Acquisition of land, water, or interests from willing
sellers for environmental purposes in california.--
(A) In general.--The Secretary of the Interior is
authorized to acquire by purchase, lease, donation, or
otherwise, land, water, or interests in land or water from
willing sellers in California--
(i) to benefit listed or candidate species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or
the California Endangered Species Act (California Fish and
Game Code sections 2050 through 2116);
(ii) to meet requirements of, or otherwise provide
water quality benefits under, the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) or the Porter Cologne
Water Quality Control Act (division 7 of the California
Water Code); or
(iii) for protection and enhancement of the
environment, as determined by the Secretary of the
Interior.
(B) State participation.--In implementing this section, the
Secretary of the Interior is authorized to participate with the
State of California or otherwise hold such interests identified
in subparagraph (A) in joint ownership with the State of
California based on a cost share deemed appropriate by the
Secretary.
(C) Treatment.--Any expenditures under this subsection
shall be nonreimbursable and nonreturnable to the United
States.
(7) Reauthorization of the fisheries restoration and irrigation
mitigation act of 2000.--
(A) Section 10(a) of the Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public
Law 106-502) is amended by striking ``$25 million for each of
fiscal years 2009 through 2015'' and inserting ``$15 million
through 2021''; and
(B) Section 2 of the Fisheries Restoration and Irrigation
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502)
is amended by striking ``Montana, and Idaho'' and inserting
``Montana, Idaho, and California''.
(c) Actions to Benefit Refuges.--
(1) In general.--In addition to funding under section 3407 of
the Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4726), there is authorized to be appropriated to the
Secretary of the Interior $2,000,000 for each of fiscal years 2017
through 2021 for the acceleration and completion of water
infrastructure and conveyance facilities necessary to achieve full
water deliveries to Central Valley wildlife refuges and habitat
areas pursuant to section 3406(d) of that Act (Public Law 102-575;
106 Stat. 4722).
(2) Cost sharing.--
(A) Federal share.--The Federal share of the cost of
carrying out an activity described in this section shall be not
more than 50 percent.
(B) Non-federal share.--The non-Federal share of the cost
of carrying out an activity described in this section--
(i) shall be not less than 50 percent; and
(ii) may be provided in cash or in kind.
(d) Non-Federal Program to Protect Native Anadromous Fish in
Stanislaus River.--
(1) Definition of district.--In this section, the term
``district'' means--
(A) the Oakdale Irrigation District of the State of
California; and
(B) the South San Joaquin Irrigation District of the State
of California.
(2) Establishment.--The Secretary of Commerce, acting through
the Assistant Administrator of the National Marine Fisheries
Service, and the districts shall jointly establish and conduct a
nonnative predator research and pilot fish removal program to study
the effects of removing from the Stanislaus River--
(A) nonnative striped bass, smallmouth bass, largemouth
bass, black bass; and
(B) other nonnative predator fish species.
(3) Requirements.--The program under this section shall--
(A) be scientifically based, with research questions
determined jointly by--
(i) National Marine Fisheries Service scientists; and
(ii) technical experts of the districts;
(B) include methods to quantify by, among other things,
evaluating the number of juvenile anadromous fish that migrate
past the rotary screw trap located at Caswell--
(i) the number and size of predator fish removed each
year; and
(ii) the impact of the removal on--
(I) the overall abundance of predator fish in the
Stanislaus River; and
(II) the populations of juvenile anadromous fish in
the Stanislaus River;
(C) among other methods, consider using wire fyke trapping,
portable resistance board weirs, and boat electrofishing; and
(D) be implemented as quickly as practicable after the date
of issuance of all necessary scientific research permits.
(4) Management.--The management of the program shall be the
joint responsibility of the Assistant Administrator and the
districts, which shall--
(A) work collaboratively to ensure the performance of the
program; and
(B) discuss and agree on, among other things--
(i) qualified scientists to lead the program;
(ii) research questions;
(iii) experimental design;
(iv) changes in the structure, management, personnel,
techniques, strategy, data collection and access,
reporting, and conduct of the program; and
(v) the need for independent peer review.
(5) Conduct.--
(A) In general.--For each applicable calendar year, the
districts, on agreement of the Assistant Administrator, may
elect to conduct the program under this section using--
(i) the personnel of the Assistant Administrator or
districts;
(ii) qualified private contractors hired by the
districts;
(iii) personnel of, on loan to, or otherwise assigned
to the National Marine Fisheries Service; or
(iv) a combination of the individuals described in
clauses (i) through (iii).
(B) Participation by national marine fisheries service.--
(i) In general.--If the districts elect to conduct the
program using district personnel or qualified private
contractors hired under clause (i) or (ii) of subparagraph
(A), the Assistant Administrator may assign an employee of,
on loan to, or otherwise assigned to the National Marine
Fisheries Service, to be present for all activities
performed in the field to ensure compliance with paragraph
(4).
(ii) Costs.--The districts shall pay the cost of
participation by the employee under clause (i), in
accordance with paragraph (6).
(C) Timing of election.--The districts shall notify the
Assistant Administrator of an election under subparagraph (A)
by not later than October 15 of the calendar year preceding the
calendar year for which the election applies.
(6) Funding.--
(A) In general.--The districts shall be responsible for 100
percent of the cost of the program.
(B) Contributed funds.--The Secretary of Commerce may
accept and use contributions of funds from the districts to
carry out activities under the program.
(C) Estimation of cost.--
(i) In general.--Not later than December 1 of each year
of the program, the Secretary of Commerce shall submit to
the districts an estimate of the cost to be incurred by the
National Marine Fisheries Service for the program during
the following calendar year, if any, including the cost of
any data collection and posting under paragraph (7).
(ii) Failure to fund.--If an amount equal to the
estimate of the Secretary of Commerce is not provided
through contributions pursuant to subparagraph (B) before
December 31 of that calendar year--
(I) the Secretary shall have no obligation to
conduct the program activities otherwise scheduled for
the following calendar year until the amount is
contributed by the districts; and
(II) the districts may not conduct any aspect of
the program until the amount is contributed by the
districts.
(D) Accounting.--
(i) In general.--Not later than September 1 of each
year, the Secretary of Commerce shall provide to the
districts an accounting of the costs incurred by the
Secretary for the program during the preceding calendar
year.
(ii) Excess amounts.--If the amount contributed by the
districts pursuant to subparagraph (B) for a calendar year
was greater than the costs incurred by the Secretary of
Commerce during that year, the Secretary shall--
(I) apply the excess amounts to the cost of
activities to be performed by the Secretary under the
program, if any, during the following calendar year; or
(II) if no such activities are to be performed,
repay the excess amounts to the districts.
(7) Publication and evaluation of data.--
(A) In general.--All data generated through the program,
including by any private consultants, shall be routinely
provided to the Assistant Administrator.
(B) Internet.--Not later than the 15th day of each month of
the program, the Assistant Administrator shall publish on the
Internet website of the National Marine Fisheries Service a
tabular summary of the raw data collected under the program
during the preceding month.
(C) Report.--On completion of the program, the Assistant
Administrator shall prepare a final report evaluating the
effectiveness of the program, including recommendations for
future research and removal work.
(8) Consistency with law.--
(A) In general.--The programs in this section and
subsection (e) are found to be consistent with the requirements
of the Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4706).
(B) Limitation.--No provision, plan, or definition under
that Act, including section 3406(b)(1) of that Act (Public Law
102-575; 106 Stat. 4714), shall be used--
(i) to prohibit the implementation of the programs in
this subsection and subsection (e); or
(ii) to prevent the accomplishment of the goals of the
programs.
(e) Pilot Projects to Implement CALFED Invasive Species Program.--
(1) In general.--Not later than January 1, 2018, the Secretary
of the Interior, in collaboration with the Secretary of Commerce,
the Director of the California Department of Fish and Wildlife, and
other relevant agencies and interested parties, shall establish and
carry out pilot projects to implement the invasive species control
program under section 103(d)(6)(A)(iv) of Public Law 108-361 (118
Stat. 1690).
(2) Requirements.--The pilot projects under this section
shall--
(A) seek to reduce invasive aquatic vegetation (such as
water hyacinth), predators, and other competitors that
contribute to the decline of native listed pelagic and
anadromous species that occupy the Sacramento and San Joaquin
Rivers and their tributaries and the Delta; and
(B) remove, reduce, or control the effects of species
including Asiatic clams, silversides, gobies, Brazilian water
weed, largemouth bass, smallmouth bass, striped bass, crappie,
bluegill, white and channel catfish, zebra and quagga mussels,
and brown bullheads.
(3) Emergency environmental reviews.--To expedite
environmentally beneficial programs in this subtitle for the
conservation of threatened and endangered species, the Secretaries
of the Interior and Commerce shall consult with the Council on
Environmental Quality in accordance with section 1506.11 of title
40, Code of Federal Regulations (or successor regulations), to
develop alternative arrangements to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for those
programs.
(f) Collaborative Processes.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.) and applicable Federal acquisitions and
contracting authorities, the Secretaries of the Interior and Commerce
may use the collaborative processes under the Collaborative Science
Adaptive Management Program to enter into contracts with specific
individuals or organizations directly or in conjunction with
appropriate State agencies.
(g) The ``Save Our Salmon Act''.--
(1) Treatment of striped bass.--
(A) Anadromous fish.--Section 3403(a) of the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575) is
amended by striking ``striped bass,'' after ``stocks of salmon
(including steelhead),''.
(B) Fish and wildlife restoration activities.--Section
3406(b) of the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575) is amended by--
(i) striking paragraphs (14) and (18);
(ii) redesignating paragraphs (15) through (17) as
paragraphs (14) through (16), respectively; and
(iii) redesignating paragraphs (19) through (23) as
paragraphs (17) through (21), respectively.
(2) Conforming changes.--Section 3407(a) of the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575) is
amended by striking ``(10)-(18), and (20)-(22)'' and inserting
``(10)-(16), and (18)-(20)''.
SEC. 4011. OFFSETS AND WATER STORAGE ACCOUNT.
(a) Prepayment of Certain Repayment Contracts Between the United
States and Contractors of Federally Developed Water Supplies.--
(1) Conversion and prepayment of contracts.--Upon request of
the contractor, the Secretary of the Interior shall convert any
water service contract in effect on the date of enactment of this
subtitle and between the United States and a water users'
association to allow for prepayment of the repayment contract
pursuant to paragraph (2) under mutually agreeable terms and
conditions. The manner of conversion under this paragraph shall be
as follows:
(A) Water service contracts that were entered into under
section (e) of the Act of August 4, 1939 (53 Stat. 1196), to be
converted under this section shall be converted to repayment
contracts under section 9(d) of that Act (53 Stat. 1195).
(B) Water service contracts that were entered under
subsection (c)(2) of section 9 of the Act of August 4, 1939 (53
Stat. 1194), to be converted under this section shall be
converted to a contract under subsection (c)(1) of section 9 of
that Act (53 Stat. 1195).
(2) Prepayment.--Except for those repayment contracts under
which the contractor has previously negotiated for prepayment, all
repayment contracts under section 9(d) of that Act (53 Stat. 1195)
in effect on the date of enactment of this subtitle at the request
of the contractor, and all contracts converted pursuant to
paragraph (1)(A) shall--
(A) provide for the repayment, either in lump sum or by
accelerated prepayment, of the remaining construction costs
identified in water project specific irrigation rate repayment
schedules, as adjusted to reflect payment not reflected in such
schedules, and properly assignable for ultimate return by the
contractor, or if made in approximately equal installments, no
later than 3 years after the effective date of the repayment
contract, such amount to be discounted by \1/2\ the Treasury
rate. An estimate of the remaining construction costs, as
adjusted, shall be provided by the Secretary to the contractor
no later than 90 days following receipt of request of the
contractor;
(B) require that construction costs or other capitalized
costs incurred after the effective date of the contract or not
reflected in the rate schedule referenced in subparagraph (A),
and properly assignable to such contractor shall be repaid in
not more than 5 years after notification of the allocation if
such amount is a result of a collective annual allocation of
capital costs to the contractors exercising contract conversion
under this subsection of less than $5,000,000. If such amount
is $5,000,000 or greater, such cost shall be repaid as provided
by applicable reclamation law;
(C) provide that power revenues will not be available to
aid in repayment of construction costs allocated to irrigation
under the contract; and
(D) continue so long as the contractor pays applicable
charges, consistent with section 9(d) of the Act of August 4,
1939 (53 Stat. 1195), and applicable law.
(3) Contract requirements.--Except for those repayment
contracts under which the contractor has previously negotiated for
prepayment, the following shall apply with regard to all repayment
contracts under subsection (c)(1) of section 9 of that Act (53
Stat. 1195) in effect on the date of enactment of this subtitle at
the request of the contractor, and all contracts converted pursuant
to paragraph (1)(B):
(A) Provide for the repayment in lump sum of the remaining
construction costs identified in water project specific
municipal and industrial rate repayment schedules, as adjusted
to reflect payments not reflected in such schedules, and
properly assignable for ultimate return by the contractor. An
estimate of the remaining construction costs, as adjusted,
shall be provided by the Secretary to the contractor no later
than 90 days after receipt of the request of contractor.
(B) The contract shall require that construction costs or
other capitalized costs incurred after the effective date of
the contract or not reflected in the rate schedule referenced
in subparagraph (A), and properly assignable to such
contractor, shall be repaid in not more than 5 years after
notification of the allocation if such amount is a result of a
collective annual allocation of capital costs to the
contractors exercising contract conversion under this
subsection of less than $5,000,000. If such amount is
$5,000,000 or greater, such cost shall be repaid as provided by
applicable reclamation law.
(C) Continue so long as the contractor pays applicable
charges, consistent with section 9(c)(1) of the Act of August
4, 1939 (53 Stat. 1195), and applicable law.
(4) Conditions.--All contracts entered into pursuant to
paragraphs (1), (2), and (3) shall--
(A) not be adjusted on the basis of the type of prepayment
financing used by the water users' association;
(B) conform to any other agreements, such as applicable
settlement agreements and new constructed appurtenant
facilities; and
(C) not modify other water service, repayment, exchange and
transfer contractual rights between the water users'
association, and the Bureau of Reclamation, or any rights,
obligations, or relationships of the water users' association
and their landowners as provided under State law.
(b) Accounting.--The amounts paid pursuant to subsection (a) shall
be subject to adjustment following a final cost allocation by the
Secretary of the Interior. In the event that the final cost allocation
indicates that the costs properly assignable to the contractor are
greater than what has been paid by the contractor, the contractor shall
be obligated to pay the remaining allocated costs. The term of such
additional repayment contract shall be not less than one year and not
more than 10 years, however, mutually agreeable provisions regarding
the rate of repayment of such amount may be developed by the parties.
In the event that the final cost allocation indicates that the costs
properly assignable to the contractor are less than what the contractor
has paid, the Secretary shall credit such overpayment as an offset
against any outstanding or future obligation of the contractor, with
the exception of Restoration Fund charges pursuant to section 3407(d)
of Public Law 102-575.
(c) Applicability of Certain Provisions.--
(1) Effect of existing law.--Upon a contractor's compliance
with and discharge of the obligation of repayment of the
construction costs pursuant to a contract entered into pursuant to
subsection (a)(2)(A), subsections (a) and (b) of section 213 of the
Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to
affected lands.
(2) Effect of other obligations.--The obligation of a
contractor to repay construction costs or other capitalized costs
described in subsection (a)(2)(B), (a)(3)(B), or (b) shall not
affect a contractor's status as having repaid all of the
construction costs assignable to the contractor or the
applicability of subsections (a) and (b) of section 213 of the
Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount
required to be paid by the contractor under the repayment contract
entered into pursuant to subsection (a)(2)(A) has been paid.
(d) Effect on Existing Law Not Altered.--Implementation of the
provisions of this subtitle shall not alter--
(1) the repayment obligation of any water service or repayment
contractor receiving water from the same water project, or shift
any costs that would otherwise have been properly assignable to the
water users' association identified in subsections (a)(1), (a)(2),
and (a)(3) absent this section, including operation and maintenance
costs, construction costs, or other capitalized costs incurred
after the date of the enactment of this subtitle, or to other
contractors; and
(2) specific requirements for the disposition of amounts
received as repayments by the Secretary under the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.);
(3) the priority of a water service or repayment contractor to
receive water; or
(4) except as expressly provided in this section, any
obligations under the reclamation law, including the continuation
of Restoration Fund charges pursuant to section 3407(d) (Public Law
102-575), of the water service and repayment contractors making
prepayments pursuant to this section.
(e) Water Storage Enhancement Program.--
(1) In general.--Except as provided in subsection (d)(2),
$335,000,000 out of receipts generated from prepayment of contracts
under this section beyond amounts necessary to cover the amount of
receipts forgone from scheduled payments under current law for the
10-year period following the date of enactment of this Act shall be
directed to the Reclamation Water Storage Account under paragraph
(2).
(2) Storage account.--The Secretary shall allocate amounts
collected under paragraph (1) into the ``Reclamation Storage
Account'' to fund the construction of water storage. The Secretary
may also enter into cooperative agreements with water users'
associations for the construction of water storage and amounts
within the Storage Account may be used to fund such construction.
Water storage projects that are otherwise not federally authorized
shall not be considered Federal facilities as a result of any
amounts allocated from the Storage Account for part or all of such
facilities.
(3) Repayment.--Amounts used for water storage construction
from the Account shall be fully reimbursed to the Account
consistent with the requirements under Federal reclamation law (the
Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.))
except that all funds reimbursed shall be deposited in the Account
established under paragraph (2).
(4) Availability of amounts.--Amounts deposited in the Account
under this subsection shall--
(A) be made available in accordance with this section,
subject to appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(f) Definitions.--For the purposes of this subtitle, the following
definitions apply:
(1) Account.--The term ``Account'' means the Reclamation Water
Storage Account established under subsection (e)(2).
(2) Construction.--The term ``construction'' means the
designing, materials engineering and testing, surveying, and
building of water storage including additions to existing water
storage and construction of new water storage facilities, exclusive
of any Federal statutory or regulatory obligations relating to any
permit, review, approval, or other such requirement.
(3) Water storage.--The term ``water storage'' means any
federally owned facility under the jurisdiction of the Bureau of
Reclamation or any non-Federal facility used for the storage and
supply of water resources.
(4) Treasury rate.--The term ``Treasury rate'' means the 20-
year Constant Maturity Treasury (CMT) rate published by the United
States Department of the Treasury existing on the effective date of
the contract.
(5) Water users' association.--The term ``water users'
association'' means--
(A) an entity organized and recognized under State laws
that is eligible to enter into contracts with Reclamation to
receive contract water for delivery to end users of the water
and to pay applicable charges; and
(B) includes a variety of entities with different names and
differing functions, such as associations, conservancy
districts, irrigation districts, municipalities, and water
project contract units.
SEC. 4012. SAVINGS LANGUAGE.
(a) In General.--This subtitle shall not be interpreted or
implemented in a manner that--
(1) preempts or modifies any obligation of the United States to
act in conformance with applicable State law, including applicable
State water law;
(2) affects or modifies any obligation under the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706),
except for the savings provisions for the Stanislaus River predator
management program expressly established by section 11(d) and
provisions in section 11(g);
(3) overrides, modifies, or amends the applicability of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the
application of the smelt and salmonid biological opinions to the
operation of the Central Valley Project or the State Water Project;
(4) would cause additional adverse effects on listed fish
species beyond the range of effects anticipated to occur to the
listed fish species for the duration of the applicable biological
opinion, using the best scientific and commercial data available;
or
(5) overrides, modifies, or amends any obligation of the
Pacific Fisheries Management Council, required by the Magnuson
Stevens Act or the Endangered Species Act of 1973, to manage
fisheries off the coast of California, Oregon, or Washington.
(b) Successor Biological Opinions.--
(1) In general.--The Secretaries of the Interior and Commerce
shall apply this Act to any successor biological opinions to the
smelt or salmonid biological opinions only to the extent that the
Secretaries determine is consistent with--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), its implementing regulations, and the successor
biological opinions; and
(B) subsection (a)(4).
(2) Limitation.--Nothing in this Act shall restrict the
Secretaries of the Interior and Commerce from completing
consultation on successor biological opinions and through those
successor biological opinions implementing whatever adjustments in
operations or other activities as may be required by the Endangered
Species Act of 1973 and its implementing regulations.
(c) Severability.--If any provision of this subtitle, or any
application of such provision to any person or circumstance, is held to
be inconsistent with any law or the biological opinions, the remainder
of this subtitle and the application of this subtitle to any other
person or circumstance shall not be affected.
SEC. 4013. DURATION.
This subtitle shall expire on the date that is 5 years after the
date of its enactment, with the exception of--
(1) section 4004, which shall expire 10 years after the date of
its enactment; and
(2) projects under construction in sections 4007, 4009(a), and
4009(c).
SEC. 4014. DEFINITIONS.
In this subtitle:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator for Fisheries of
the National Oceanic and Atmospheric Administration.
(2) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4707).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(4) Delta.--The term ``Delta'' means the Sacramento-San Joaquin
Delta and the Suisun Marsh (as defined in section 12220 of the
California Water Code and section 29101 of the California Public
Resources Code (as in effect on the date of enactment of this
Act)).
(5) Delta smelt.--The term ``Delta smelt'' means the fish
species with the scientific name Hypomesus transpacificus.
(6) Director.--The term ``Director'' means the Director of the
United States Fish and Wildlife Service.
(7) Listed fish species.--The term ``listed fish species''
means--
(A) any natural origin steelhead, natural origin genetic
spring run Chinook, or genetic winter run Chinook salmon
(including any hatchery steelhead or salmon population within
the evolutionary significant unit or a distinct population
segment); and
(B) Delta smelt.
(8) Reclamation state.--The term ``Reclamation State'' means
any of the States of--
(A) Arizona;
(B) California;
(C) Colorado;
(D) Idaho;
(E) Kansas;
(F) Montana;
(G) Nebraska;
(H) Nevada;
(I) New Mexico;
(J) North Dakota;
(K) Oklahoma;
(L) Oregon;
(M) South Dakota;
(N) Texas;
(O) Utah;
(P) Washington; and
(Q) Wyoming.
(9) Salmonid biological opinion.--
(A) In general.--The term ``salmonid biological opinion''
means the biological and conference opinion of the National
Marine Fisheries Service dated June 4, 2009, regarding the
long-term operation of the Central Valley Project and the State
Water Project, and successor biological opinions.
(B) Inclusions.--The term ``salmonid biological opinion''
includes the operative incidental take statement of the opinion
described in subparagraph (A).
(10) Smelt biological opinion.--
(A) In general.--The term ``smelt biological opinion''
means the biological opinion dated December 15, 2008, regarding
the coordinated operation of the Central Valley Project and the
State Water Project, and successor biological opinions.
(B) Inclusions.--The term ``smelt biological opinion''
includes the operative incidental take statement of the opinion
described in subparagraph (A).
(11) State water project.--The term ``State Water Project''
means the water project described in chapter 5 of part 3 of
division 6 of the California Water Code (sections 11550 et seq.)
(as in effect on the date of enactment of this Act) and operated by
the California Department of Water Resources.
TITLE IV--OTHER MATTERS
SEC. 5001. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) In General.--Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 311. Congressional notification requirements
``(a) In General.--Except as provided in subsection (b) or as
expressly provided in another provision of law, the Secretary of
Transportation shall provide to the appropriate committees of Congress
notice of an announcement concerning a covered project at least 3 full
business days before the announcement is made by the Department.
``(b) Emergency Program.--With respect to an allocation of funds
under section 125 of title 23, the Secretary shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate notice of the allocation--
``(1) at least 3 full business days before the issuance of the
allocation; or
``(2) concurrently with the issuance of the allocation, if the
allocation is made using the quick release process of the
Department (or any successor process).
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(B) the Committee on Environment and Public Works, the
Committee on Commerce, Science, and Transportation, and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
``(2) Covered project.--The term `covered project' means a
project competitively selected by the Department to receive a
discretionary grant award, letter of intent, loan commitment, loan
guarantee commitment, or line of credit commitment in an amount
equal to or greater than $750,000.
``(3) Department.--The term `Department' means the Department
of Transportation, including the modal administrations of the
Department.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 310 the following:
``311. Congressional notification requirements.''.
SEC. 5002. 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
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 an 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. The written
determination shall specify the rationale and any evidence or
support for the decision, identify steps, if any, that should
be taken to mitigate any conflict of interest, and be available
to the public.
``(3) Annual disclosures.--Once each 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 each calendar year, each member shall
undergo disclosure of financial interests training, as prescribed
by the designated agency ethics official for the Commission.
``(5) Clarification.--A member of the Commission may continue
to participate personally or substantially, through decision,
approval, or disapproval on the focus of applications to be
considered but not on individual applications where a conflict of
interest exists.
``(6) 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, $15,000,000 for each of fiscal years 2017
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. 5003. RECREATIONAL ACCESS FOR FLOATING CABINS AT TVA RESERVOIRS.
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 levy 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 such purpose.
``(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 such
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 such
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 reasonable 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. 5004. 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 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 such 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 consistent 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 consistent with the
National Contingency Plan.
(3) 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 such 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 $4,000,000.00 for each of
fiscal years 2017 through 2021 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 Gold King Mine release.
(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. 5005. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(7)) is amended--
(1) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Focus areas.--In carrying out the Initiative, the
Administrator shall prioritize programs and projects, to be
carried out in coordination with non-Federal partners, that
address the priority areas described in the Initiative Action
Plan, including--
``(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.--
``(i) In general.--In carrying out the Initiative, the
Administrator shall collaborate with other Federal
partners, including the Great Lakes Interagency Task Force
established by Executive Order No. 13340 (69 Fed. Reg.
29043), 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
Initiative Action Plan and the Great Lakes Water
Quality Agreement;
``(II) the feasibility of--
``(aa) prompt implementation;
``(bb) timely achievement of results; and
``(cc) resource leveraging; and
``(III) the opportunity to improve interagency,
intergovernmental, and interorganizational coordination
and collaboration to reduce duplication and streamline
efforts.
``(ii) Outreach.--In selecting the best combination of
programs and projects for Great Lakes protection and
restoration under clause (i), the Administrator shall
consult with the Great Lakes States and Indian tribes and
solicit input from other non-Federal stakeholders.
``(iii) Harmful algal bloom coordinator.--The
Administrator shall designate a point person from an
appropriate Federal partner to coordinate, with Federal
partners and Great Lakes States, Indian tribes, and other
non-Federal stakeholders, projects and activities under the
Initiative involving harmful algal blooms in the Great
Lakes.'';
(2) in subparagraph (D)--
(A) by striking clause (i) and inserting the following:
``(i) In general.--Subject to subparagraph (J)(ii),
funds made available to carry out the Initiative shall be
used to strategically implement--
``(I) Federal projects;
``(II) projects carried out in coordination with
States, Indian tribes, municipalities, institutions of
higher education, and other organizations; and
``(III) operations and activities of the Program
Office, including remediation of sediment contamination
in areas of concern.'';
(B) in clause (ii)(I), by striking ``(G)(i)'' and inserting
``(J)(i)''; and
(C) by inserting after clause (ii) the following:
``(iii) Agreements with non-federal entities.--
``(I) In general.--The Administrator, or the head
of any other Federal department or agency receiving
funds under clause (ii)(I), may make a grant to, or
otherwise enter into an agreement with, a qualified
non-Federal entity, as determined by the Administrator
or the applicable head of the other Federal department
or agency receiving funds, for planning, research,
monitoring, outreach, or implementation of a project
selected under subparagraph (C), to support the
Initiative Action Plan or the Great Lakes Water Quality
Agreement.
``(II) Qualified non-federal entity.--For purposes
of this clause, a qualified non-Federal entity may
include a governmental entity, nonprofit organization,
institution, or individual.''; and
(3) by striking subparagraphs (E) through (G) and inserting the
following:
``(E) Scope.--
``(i) In general.--Projects may be carried out under
the Initiative on multiple levels, including--
``(I) locally;
``(II) Great Lakes-wide; or
``(III) 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 financial assistance is received--
``(I) from a State water pollution control
revolving fund established under title VI;
``(II) from a State drinking water revolving loan
fund established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12); or
``(III) pursuant to the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3901 et
seq.).
``(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.
``(G) Revision of initiative action plan.--
``(i) In general.--Not less often than once every 5
years, the Administrator, in conjunction with the Great
Lakes Interagency Task Force, shall review, and revise as
appropriate, the Initiative Action Plan to guide the
activities of the Initiative in addressing the restoration
and protection of the Great Lakes system.
``(ii) Outreach.--In reviewing and revising the
Initiative Action Plan under clause (i), the Administrator
shall consult with the Great Lakes States and Indian tribes
and solicit input from other non-Federal stakeholders.
``(H) Monitoring and reporting.--The Administrator shall--
``(i) establish and maintain a process for monitoring
and periodically reporting to the public on the progress
made in implementing the Initiative Action Plan;
``(ii) make information about each project carried out
under the Initiative Action Plan available on a public
website; and
``(iii) provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
yearly detailed description of the progress of the
Initiative and amounts transferred to participating Federal
departments and agencies under subparagraph (D)(ii).
``(I) Initiative action plan defined.--In this paragraph,
the term `Initiative Action Plan' means the comprehensive,
multiyear action plan for the restoration of the Great Lakes,
first developed pursuant to the Joint Explanatory Statement of
the Conference Report accompanying the Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2010 (Public Law 111-88).
``(J) 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. 5006. 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) of this subsection) 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) of this subsection) 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 an eligible 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.
``(2) Grant.--
``(A) In general.--The Administrator may make a grant in
accordance with this section for rehabilitation of an eligible
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 and that receives assistance under this section--
``(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 sponsor 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 eligible 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 such States.
``(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. 5007. 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. 5008. 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) 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)).''.
(d) Sense of Congress.--It is the sense of Congress 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. 5009. REPORT ON GROUNDWATER CONTAMINATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter for the next 4 years,
the Secretary of the Navy shall submit a report to Congress 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.
(b) Definitions.--In this section, the following definitions apply:
(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. 5010. 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.--In this section, the following definitions
apply:
``(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 in the
Columbia River Basin;
``(ii) the Governors of each State located in whole or
in part in the Columbia River Basin;
``(iii) each federally recognized Indian tribe in the
Columbia River Basin;
``(iv) local governments 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 located in whole or in part in the
Columbia River Basin; 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 section 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 such 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, including the Snake River Basin;
and
``(C) retain not more than 5 percent of the funds for the
Environmental Protection Agency 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.''.
SEC. 5011. 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 2,500
gallons.
``(B) A container holding animal feed ingredients approved
for use in livestock feed by the Food and Drug
Administration.''.
SEC. 5012. IRRIGATION DISTRICTS.
Section 603(i)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1383) is amended--
(1) in the matter preceding subparagraph (A) by striking ``to a
municipality or intermunicipal, interstate, or State agency'' and
inserting ``to an eligible recipient''; and
(2) in subparagraph (A), in the matter preceding clause (i), by
inserting ``in assistance to a municipality or intermunicipal,
interstate, or State agency'' before ``to benefit''.
SEC. 5013. ESTUARY RESTORATION.
(a) Participation of Non-Federal Interests.--Section 104(f) of the
Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by
adding at the end the following:
``(3) Project agreements.--For a project carried out under this
title, the requirements of section 103(j)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled by
a nongovernmental organization serving as the non-Federal interest
for the project pursuant to paragraph (2).''.
(b) Extension.--Section 109(a) of the Estuary Restoration Act of
2000 (33 U.S.C. 2908(a)) is amended by striking ``2012'' each place it
appears and inserting ``2021''.
SEC. 5014. ENVIRONMENTAL BANKS.
The Coastal Wetlands Planning, Protection and Restoration Act
(Public Law 101-646; 16 U.S.C. 3951 et seq.) is amended by adding at
the end the following:
``SEC. 309. ENVIRONMENTAL BANKS.
``(a) Guidelines.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2016, the Task
Force shall, after public notice and opportunity for comment, issue
guidelines for the use, maintenance, and oversight of environmental
banks in Louisiana.
``(b) Requirements.--The guidelines issued pursuant to subsection
(a) shall--
``(1) set forth procedures for establishment and approval of
environmental banks subject to the approval of the heads of the
appropriate Federal agencies responsible for implementation of
Federal environmental laws for which mitigation credits may be
used;
``(2) establish criteria for siting of environmental banks that
enhance the resilience of coastal resources to inundation and
coastal erosion in high priority areas, as identified within
Federal or State restoration plans, including the restoration of
resources within the scope of a project authorized for
construction;
``(3) establish criteria that ensure environmental banks secure
adequate financial assurances and legally enforceable protection
for the land or resources that generate the credits from
environmental banks;
``(4) stipulate that credits from environmental banks may not
be used for mitigation of impacts required under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) or the
Endangered Species Act (16 U.S.C. 1531 et seq.) in an area where an
existing mitigation bank approved pursuant to such laws within 5
years of enactment of the Water Resources Development Act of 2016
has credits available;
``(5) establish performance criteria for environmental banks;
and
``(6) establish criteria and financial assurance for the
operation and monitoring of environmental banks.
``(c) Environmental Bank.--
``(1) Definition of environmental bank.--In this section, the
term `environmental bank' means a project, project increment, or
projects for purposes of restoring, creating, or enhancing natural
resources at a designated site to establish mitigation credits.
``(2) Credits.--Mitigation credits created from environmental
banks approved pursuant to this section may be used to satisfy
existing liability under Federal environmental laws.
``(d) Savings Clause.--
``(1) Application of federal law.--Guidelines developed under
this section and mitigation carried out through an environmental
bank established pursuant to such guidelines shall comply with all
applicable requirements of Federal law (including regulations),
including--
``(A) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
``(B) the Endangered Species Act (16 U.S.C. 1531 et seq.);
``(C) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.);
``(D) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(E) section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283).
``(2) Statutory construction.--Nothing in this section may be
construed to affect--
``(A) any authority, regulatory determination, or legal
obligation in effect the day before the date of enactment of
the Water Resources Development Act of 2016; or
``(B) the obligations or requirements of any Federal
environmental law.
``(e) Sunset.--No new environmental bank may be created or approved
pursuant to this section after the date that is 10 years after the date
of enactment of this section.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.