[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.