[Congressional Record Volume 162, Number 177 (Thursday, December 8, 2016)]
[House]
[Pages H7413-H7498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GEORGE P. KAZEN FEDERAL BUILDING AND UNITED STATES COURTHOUSE
Mr. SHUSTER. Mr. Speaker, pursuant to House Resolution 949, I call up
the bill (S. 612) to designate the Federal building and United States
courthouse located at 1300 Victoria Street in Laredo, Texas, as the
``George P. Kazen Federal Building and United States Courthouse'' and
ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 949, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 114-69 is adopted, and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
S. 612
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.
[[Page H7414]]
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
[[Page H7415]]
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.
[[Page H7416]]
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
[[Page H7417]]
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;
[[Page H7418]]
(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
[[Page H7419]]
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
[[Page H7420]]
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--
[[Page H7421]]
``(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
[[Page H7422]]
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
[[Page H7423]]
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
[[Page H7424]]
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;
[[Page H7425]]
(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.--
[[Page H7426]]
(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'').
[[Page H7427]]
(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.
[[Page H7428]]
(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
[[Page H7429]]
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
[[Page H7430]]
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
[[Page H7431]]
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
[[Page H7432]]
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.
[[Page H7433]]
(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
[[Page H7434]]
``(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
------------------------------------------------------------------------
[[Page H7435]]
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
------------------------------------------------------------------------
[[Page H7436]]
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.
[[Page H7437]]
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
[[Page H7438]]
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.
[[Page H7439]]
``(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:
[[Page H7440]]
``(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--
[[Page H7441]]
(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
[[Page H7442]]
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.
[[Page H7443]]
(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),
[[Page H7444]]
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--
[[Page H7445]]
(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
[[Page H7446]]
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
[[Page H7447]]
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
[[Page H7448]]
(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--
[[Page H7449]]
(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
[[Page H7450]]
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
[[Page H7451]]
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
[[Page H7452]]
(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--
[[Page H7453]]
``(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:
[[Page H7454]]
``(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);
[[Page H7455]]
``(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
[[Page H7456]]
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
[[Page H7457]]
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,
[[Page H7458]]
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.--
[[Page H7459]]
(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;
[[Page H7460]]
(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.
[[Page H7461]]
(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.
[[Page H7462]]
(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.
[[Page H7463]]
(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
[[Page H7464]]
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.
[[Page H7465]]
(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.
[[Page H7466]]
(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
[[Page H7467]]
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.
[[Page H7468]]
(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.
[[Page H7469]]
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
[[Page H7470]]
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,
[[Page H7471]]
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
[[Page H7472]]
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.
[[Page H7473]]
(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;
[[Page H7474]]
(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;
[[Page H7475]]
(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
[[Page H7476]]
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--
[[Page H7477]]
(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
[[Page H7478]]
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--
[[Page H7479]]
(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.
[[Page H7480]]
``(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
[[Page H7481]]
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
[[Page H7482]]
``(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--
[[Page H7483]]
(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:
[[Page H7484]]
``(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.''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour
equally divided and controlled by the chairs and ranking minority
members of the Committee on Energy and Commerce, Committee on Natural
Resources, and the Committee on Transportation and Infrastructure.
The gentleman from Pennsylvania (Mr. Shuster), the gentleman from
Oregon (Mr. DeFazio), the gentleman from Indiana (Mr. Bucshon), the
gentleman from New York (Mr. Tonko), the gentleman from Utah (Mr.
Bishop), and the gentleman from California (Mr. Huffman) each will
control 10 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on S. 612.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of S. 612, the Water
Infrastructure Improvements for the Nation Act, or the WIIN Act. This
is a comprehensive bill to address water resources and infrastructure
issues across the country and could be one of the final achievements of
this Congress.
Today we have an opportunity to deliver one more win for America. The
WIIN Act includes the Water Resources Development Act as title I.
Ranking Member DeFazio and I worked very closely throughout the
process to ensure his and other Democratic priorities were preserved in
this final bill. So I want to thank Ranking Member DeFazio for his work
with me on the WRDA title.
However, this bill is bigger than just WRDA, and I also want to thank
the Energy and Commerce Committee Chairman Upton, the Natural Resources
Committee Chairman Bishop, and our Senate counterparts for helping us
put together this package today.
This legislation provides important direction from Congress to the
Army Corps of Engineers in their missions to improve our
infrastructure. The bill strengthens America's competitiveness, creates
jobs, and grows the economy. The WIIN Act maintains congressional
constitutional authority to ensure our infrastructure is safe and
effective.
This bill contains authorizations for 30 Corps Chief's Reports, eight
Post-Authorization Change Reports, and 37 feasibility studies for
projects across the United States.
Today's legislation restores regular order and the 2-year cycle of
Congress considering these essential WRDA bills. Simply put, Mr.
Speaker, this is good public policy, so I strongly urge my colleagues
to support this jobs and infrastructure bill.
Water Infrastructure Improvements for the Nation (WIIN) Act--Letters of
Support
OVER 70 ORGANIZATIONS SUPPORT
Waterways Council, Inc.; American Public Works Association;
Association of California Water Agencies; Family Farm
Alliance; The American Waterways Operators; American Society
of Civil Engineers; Ducks Unlimited; Archer Daniels Midland
Company; National Waterways Conference Inc.; Inland Rivers
Ports and Terminals Association, Inc.; Global Tech Power;
Terral RiverService; National Association of Flood and
Stormwater Management Agencies; Tuloma Stevedoring, Inc.
Port of Pittsburgh Commission; National Milk Producers
Federation; U.S. Chamber of Commerce; American Association of
Port Authorities; National Ready Mixed Concrete Association;
Great Lakes and St. Lawrence Cities Initiative; National Corn
Growers Association; National Association of Manufacturers;
American Water Works Association; Pacific Northwest Waterways
Association; Association of Metropolitan Water Agencies;
Great Lakes Metro Chambers Coalition; Tennessee River Valley
Association; Alliance for the Great Lakes.
API Coalition letter: American Association of Port
Authorities; American Chemistry Council; American Farm
Bureau; American Forest and Paper Association; American Fuel
and Petrochemical Manufacturers; American Great Lakes Ports
Association; American Petroleum Institute; American Road and
Transportation Builders Association; American Waterways
Operators; Big River Coalition; Dredging Contractors of
America; Great Lakes Metro Chambers Coalition; Lake Carriers'
Association; Mississippi Valley Flood Control Association;
National Grain and Feed Association; National Mining
Association; National Retail
[[Page H7485]]
Federation; National Stone, Sand and Gravel Association;
Portland Cement Association; Retail Industry Leaders
Association; The Fertilizer Institute; Waterways Council,
Inc.; U.S. Chamber of Commerce.
California Water Authorities Coalition: Friant North
Authority; Friant Water Authority; Kern County Water Agency;
Metropolitan Water District; San Joaquin River Exchange
Contractors; South Valley Water Association; Tehama Colusa
Canal Authority; Westlands Water District.
Water Infrastructure Network: American Council of
Engineering Companies; American Public Works Association;
American Society of Civil Engineers; Associated General
Contractors of America; International Union of Operating
Engineers; Laborers International Union of North America;
National Association Clean Water Agencies; National Rural
Water Association; United Association of Plumbers and
Pipefitters; Vinyl Institute.
Highway Materials Group: American Coal Ash Association;
American Traffic Safety Services Association; Association of
Equipment Manufacturers; National Asphalt Pavement
Association; National Stone, Sand & Gravel Association;
Precast/Prestressed Concrete Institute; American Concrete
Pavement Association; Associated Equipment Distributors;
Concrete Reinforcing Steel Institute; National Ready Mixed
Concrete Association; Portland Cement Association.
Mr. SHUSTER. Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Unfortunately, today I rise in opposition to S. 612. At one point, I
wholeheartedly supported this bill.
There should be nothing partisan about infrastructure. Building and
rebuilding infrastructure for transportation of goods and people, for
shipping, for rail, for other aspects, and clean water--all that should
be nonpartisan. It is in the best interests of the United States of
America to make us more competitive and more efficient. This bill
reflected the best of that tradition when it came out of the committee.
Unfortunately, a number of things have happened since. First, when we
came to the floor, the leadership stripped out a provision which was
adopted unanimously in committee to make the Harbor Maintenance Trust
Fund into a trust fund--spending the tax that is collected for harbor
maintenance on--shocking in Washington, D.C.--harbor maintenance.
Right now, the Budget Committee diverts that money every year
somewhere else--imaginary deficit reduction or some other program--and
we underspend, through the appropriations process, that money. So the
Americans are paying a tax. Every good you buy that is imported you pay
a little bit more for it. You are paying that tax, and Congress is
diverting the money while our harbors shoal in and our jetties crumble,
and we can't compete in the world market.
The committee had adopted a provision to turn that into a real trust
fund and spend the money on harbor maintenance. That was stripped out
because of objections by the Budget Committee that wants to divert the
money and the Appropriations Committee that wants to divert the money.
That just shouldn't be.
I want to thank the chairman for promising to continue to work on
that issue, which came out of committee, when we do the Water Resources
Development bill again next year. Hopefully, the Trump administration
will take a different position on this. There is $9 billion sitting
there waiting to be spent tomorrow of taxes that have already been
collected to maintain our harbors that Congress doesn't want to spend,
despite the shoaling in and the jetties' deteriorating conditions. So,
hopefully, the new administration will take a different position in the
budget on that.
Secondly, just this week, a 100-page provision which did not come
from our committee, which relates to a hugely controversial water
diversion and settlement of disputes in California pitting members of
the California delegation on both sides of the aisle against one
another, doesn't only just affect California, because Sacramento salmon
swim north, and the last time we had a bad drought they shut down all
the fishing on the southern Oregon coast because of endangered
Sacramento salmon. Our salmon were doing fine. So if they start
diverting more water from the delta, from the Sacramento, it is likely
that our fisheries will be shut down in Oregon because of this
misplaced provision which has not had any congressional review of any
sort in any committee in this House.
{time} 1100
Finally, gratuitously, as part of that gigantic project in
California, they are undermining Buy America and Davis-Bacon
provisions. I hope this isn't a harbinger of things to come, that
despite the President who wants a stronger Buy America, that the
Republican House is going to want to undermine Buy America and start
buying Chinese and Russian steel for our projects and doing away with
prevailing wages paying a good living wage to people who work in
construction jobs. It is very unfortunate that was inserted in this
bill.
But there are many meritorious provisions in the bill set aside for
dredging of small harbors and many, many individual projects and
authorizations in the bill. Had these other three things not happened,
I would have enthusiastically supported it, but, unfortunately, I will
have to oppose the bill.
I reserve the balance of my time.
I rise in reluctant opposition to S. 612.
Mr. Speaker, at one time, this bill had great promise. At one time,
this bill represented the bipartisan traditions of the Committee on
Transportation and Infrastructure. When the Committee unanimously
reported this bill to the House, I was proud to support the Water
Resources Development Act of 2016.
However, since that time, the House Republican Leadership has
unilaterally stripped key Democratic priorities and air-dropped-in
controversial Republican provisions making it impossible for me to
support the bill today. At every step of the legislative process, House
Republican Leaders have morphed what was once the product of months of
hard work by the Committee on Transportation and Infrastructure into
something that I, as the Ranking Democrat on the Committee, can no
longer support--despite the fact that some good policy provisions
remain in this bill.
That being said, I thank the Chairman of the Committee, Mr. Shuster,
for following through on his promise to pass a Water Resources
Development Act this Congress.
In May, the Committee on Transportation and Infrastructure
unanimously approved WRDA. That bipartisan bill took a bold step to
ensure that Congress would begin to draw down the enormous surplus in
the Harbor Maintenance Trust Fund (HMTF). This position, one that the
Committee on Transportation and Infrastructure has fought for, on a
bipartisan basis, for decades, would have made the $9 billion surplus
of the HMTF immediately available to the Secretary of the Army to
dredge our Nation's harbors.
Unfortunately, this provision was stripped from the bill by the House
Republican Leadership before Floor consideration, and was not included
in the House-passed WRDA. This important provision would have unlocked
the HMTF to ensure that revenues collected from shippers are used to
dredge our Nation's harbors, and are not diverted to cover other debts
of the U.S. Treasury.
Despite this, I want to thank Chairman Shuster for his commitment to
work with me in the next Congress to unlock the HMTF once and for all.
Without this provision, the balance in the Trust Fund will double in
the next decade to more than $17 billion and continue to grow year
after year, despite the tremendous needs of our Nation's ports and
harbors. I am confident that, in the 115th Congress, the Committee on
Transportation and Infrastructure can achieve full use of the HMTF, and
strengthen and maintain our ports, harbors and waterways, and our
Nation's economic competitiveness. I thank Chairman Shuster for his
promise to work with me to achieve full use of the HMTF in the next
Congress.
Again, while I will oppose final passage of this bill, I do want to
highlight several promising provisions in the bill. Emblematic of prior
water resources legislation, S. 612 authorizes all pending Corps of
Engineers' project authorizations--valued at more than $10 billion. It
also authorizes 32 new feasibility studies and additional project
modifications to existing Corps' projects--the first such provisions
enacted since 2007.
The bill also includes several provisions to improve the overall
efficiency and transparency of the Corps in carrying out its
construction and regulatory missions while preserving existing Federal
environmental protections.
For example, S. 612 includes a provision that requires the Corps to
coordinate the regulatory review of project modifications (so-called
section 408 reviews) with the expectation that these coordinated
reviews will help expedite the decision-making process.
S. 612 also directs the Secretary to expeditiously complete a report
to Congress on any materials, articles, or supplies manufactured
outside the United States that are currently used in Corps projects.
This report will be critical to increased oversight by this Committee
of the use of foreign-manufactured goods in Corps projects.
[[Page H7486]]
S. 612 also includes provisions to preserve and enhance the
participation of Indian tribes in our water-related infrastructure, as
well as honor commitments made by the U.S. government to the tribes.
First, the bill includes a provision that authorizes the Corps to
provide immediate housing assistance to the Indian tribes displaced as
a result of the construction of the Bonneville Dam, as well as to
further study those Indian tribes displaced from the construction of
the John Day Dam. Both of these provisions are intended to ensure that
the Federal Government lives up to the commitments made to the tribes
for construction of these two projects generations ago.
In addition, S. 612 includes a provision that directs the Corps to
undertake a comprehensive study of the existing tribal consultation
process for the construction of any water resources development
project, or any other project that may require the Corps' approval or
the issuance of a Corps permit. As recent events have shown, it is past
time for the Corps to revisit its existing tribal consultation
processes to ensure that the Corps undertakes meaningful consultation
with Indian tribes for projects that may have an impact on tribal
cultural or natural resources. I look forward to working with the Corps
to ensure that this study and report are completed within the year.
I am also pleased that S. 612 provides the framework for the Federal
Government to finally meet its commitment to help the families affected
by lead-contaminated water in Flint, Michigan. While the funding for
these projects will ultimately be included in the appropriations bill
that funds the government into next year, I support the inclusion of
additional Drinking Water State Revolving Fund resources for
communities experiencing public health threats associated with lead-
water contamination, and urge the Administration to release these funds
to the State of Michigan and to the City of Flint as quickly as
possible.
The bill also benefits my home state of Oregon.
First, and foremost, the bill makes permanent the existing set-aside
of harbor maintenance funding for small commercial harbors. These small
commercial harbors are the lifeblood of local and regional economies;
yet, for decades, Federal dredging needs at these harbors went unmet.
S. 612 makes permanent the existing 10 percent set-aside of annual
Federal maintenance dredging funds for these types of harbors, and
ensures that this 10 percent is the minimum (not the maximum) amount
allocated to small commercial harbors from both baseline funding and
priority funds.
The bill also provides for the first-ever survey of the condition of
existing breakwaters and jetties protecting Federal harbors. In the
Northwest, these critical structures are crumbling, failing to provide
necessary protection for shippers and fishermen alike, and increasing
the long-term costs of maintaining our ports and harbors. This survey
will provide Congress with critical information on the condition of
breakwaters and levees so that we may start the process of repairing or
replacing these structures in the near future.
I am pleased that S. 612 also authorizes a new Columbia River Basin
Restoration Program at the Environmental Protection Agency to help
reduce toxic contamination and clean up contaminated sites in the
Columbia River Basin.
However, Mr. Speaker, there are also provisions in this bill that I
cannot support.
For example, when the Water Resources Development Act of 2016 was
considered in the House in September, I sponsored an amendment to
ensure that scarce Federal funds are not used for the construction of
non-economically-justified projects, or projects for the construction
of ballfields and splash parks. Unfortunately, at the insistence of the
Republican majority, the authorization of the Central City; Texas
project remains in this final bill, without the protections for
taxpayers that I sought in my amendment. Should this project continue,
I will continue to press the Committee and the Corps to oversee this
project to ensure that taxpayer dollars are not wasted on frivolous and
non-economically-justified projects, regardless of where they are
constructed.
In addition, I did not support the inclusion in this bill of those
provisions which side with one State over another in regional water
issues, such as those involving the Apalachicola-Chattahoochee-Flint
watersheds in the States of Georgia, Florida, and Alabama.
I do not support the inclusion of any of the provisions that purport
to grant a private citizen with some undefined property right to
publically-owned or managed property. These provisions, such as section
1148 (Cumberland River, Kentucky), section 1185 (Table Rock Lake,
Arkansas and Missouri), and section 5003 (Tennessee Valley Authority
jurisdictional waters), follow a concerning trend that seeks to provide
some enforceable interest in public lands and resources for which no
right currently exists, or no agreement with or payment to the
government is made. Congress should conduct proper oversight of these
and any future proposals to grant such a property right to ensure that
public resources are properly held in trust for the good of the Nation,
and not the benefit of private individuals or interests.
In addition, I oppose efforts by the Republican Leadership to
undermine worker protections and Buy America requirements for programs
and projects authorized by this bill. If enacted, these provisions will
undermine the principle of prevailing wage protections for construction
jobs, and open the door to using American taxpayer dollars to pass off
goods made with Russian and Chinese steel as ``Made-in-America'' .
Finally, and most egregiously, I am opposed to the inclusion of the
last-minute, nearly 100-page California water poison pill that was
developed behind closed doors and with no apparent public debate. It
deeply divides the existing California Congressional delegation,
regardless of party, and picks winners and losers in a region-against-
region and industry-against-industry fight for water in California.
This provision was dropped on our lap on Monday. It jeopardizes not
only our bill, but also Oregon's fishing industry and thousands of jobs
that depend on sustainable fisheries. I cannot support a bill that will
jeopardize thousands of jobs and our economic engine on the Oregon
coast.
Again, I want to thank Chairman Shuster for his work on this bill. I
am disappointed that the good work of our Committee has been sullied by
the whims of House Republican Leaders, and hope that, in the next
Congress, we can restore the strong and lasting commitments made
between the majority and minority members of the Committee on
Transportation and Infrastructure.
For these reasons, I oppose S. 612.
Mr. SHUSTER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio (Mr. Gibbs), the chairman of the Subcommittee on
Water Resources and Environment.
Mr. GIBBS. Mr. Speaker, today I rise in support of S. 612, the Water
Infrastructure Improvements for the Nation Act, the WIIN Act. The WIIN
Act is a vital water infrastructure bill that contains the Water
Resources Development Act of 2016.
As chairman of the Subcommittee on Water Resources and Environment,
our jurisdiction includes water resources development missions of the
U.S. Corps of Engineers. This bill is a compromise between the Senate
and the House and authorizes the construction of key water
infrastructure projects throughout the Nation. These projects create
jobs here at home and have a direct impact on our economy and our
national security.
The critically important Corps project authorizations are for the
purposes of navigation and flood control, recreation, water supply,
environmental protection, and so on. Each of the projects--30 projects
that were mentioned by the chairman--was recommended by non-Federal
sponsors to the Corps. Each of these are economically justified,
environmentally acceptable, and technically achievable. They are the
gold standard.
My subcommittee held multiple hearings to discuss the chief's reports
and post-authorization change reports in depth, and my subcommittee
provided strong congressional oversight of these proposed activities.
Many State, local, and regional areas will gain from the economic
benefits of this bill. One example is the upper Ohio chief's report
will greatly benefit my home State of Ohio by improving navigation
within the existing locks and dams. More importantly, this project
provides even greater benefits to the Nation, ensuring commodities
reach foreign and domestic markets in a cost-effective manner.
This bill is fiscally responsible. The new project authorizations are
fully offset by deauthorizations of projects that are outdated or no
longer viable.
This bill contains an important pilot program for the beneficial
reuse of dredged materials. This innovative program looks for ways to
maximize dredged material based upon environmental, economic, and
social benefits.
The WIIN Act contains no earmarks, it strengthens our water
transportation networks, and it increases transparency for non-Federal
sponsors and the public.
I strongly urge Members to support this bill.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Mrs. Napolitano), the ranking member of the subcommittee.
Mrs. NAPOLITANO. Mr. Speaker, I rise in support of the Water
Resources Development Act, S. 612.
[[Page H7487]]
I strongly support the bipartisan work done by the Transportation and
Infrastructure Committee on the Army Corps provisions that create
policy and authorize projects around the country for flood damage
reduction, ecosystem restoration, water supply, recreation, and
navigation. There is something for everyone in this bill.
I am particularly appreciative that this bill authorizes the Los
Angeles River project, which will rejuvenate the river by improving
wildlife habitat and creating recreational opportunities for southern
California residents.
I thank Chairman Shuster, Ranking Member DeFazio, and Chairman Gibbs
for working with me and my staff to include multiple provisions that
will improve water supply and local collaboration at the Army Corps
facilities. These provisions include:
Providing more water supply to local communities by improving on WRDA
'14 provisions and requiring the Corps to capture more water for
groundwater replenishment, especially in Long Angeles County;
Promoting local and private sector combined efforts to remove
sediment from Corps dams and improve water supply, which will benefit
all dams, including Santa Fe Dam in my district;
Requiring the Corps to work more collaboratively with local
communities on sharing water data and improving watershed management,
in other words, transparency; and
Extending current law on donor port provisions important to the Ports
of Los Angeles, Long Beach, and many other ports.
I also support the provisions in the bill that include providing
assistance for the drinking water crisis in Flint, Michigan, and other
areas of the country, which include California, although we should be
investing more in our outdated drinking water infrastructure.
I disagree with the leadership's decision to add a California water
provision to WRDA at the last minute. This provision should have been
addressed as its own legislation and not attached to the traditionally
bipartisan WRDA bill that so many Members, including Senator Boxer,
have worked so hard on. If I had been consulted on this provision, I
would have strongly advocated for more than $50 million for title XVI
and $100 million for WaterSmart, as these programs are the most cost
effective at addressing our drought crisis.
I want to thank the many water agencies and associations, such as the
National Association of Flood and Stormwater Management Agencies, the
County of Los Angeles Department of Public Works, the Upper San Gabriel
Valley Water District, and the Three Valleys Municipal Water District
that have worked with my office on this bill throughout the process,
and overwhelmingly support WRDA.
I greatly respect and recognize that there are Members who disagree
on the final passage based on the needs of their own districts and
constituents, and I would like to work with them.
The Metropolitan Water
District of Southern California,
December 6, 2016.
Re: Support Water Resources Development Act (WRDA) Bi-
Partisan Drought Provision
Hon. Dianne Feinstein,
U.S. Senate,
Washington, DC.
Dear Senator Feinstein: As the nation's largest provider of
drinking water, the Metropolitan Water District of Southern
California would like to thank you for your leadership in
responding to California's unprecedented drought. We support
the drought provisions that you negotiated with the House,
included in H.R. 2533 the Water Resources Development Act
(WRDA) of 2016, to help us better manage our limited water
resources. We also support the broader WRDA package which
will provide strategic authorizations and investments to
develop, manage and improve essential water infrastructure
and operations in the United States.
While rains have returned to Northern California, we have
little assurance of the water year ahead. Southern California
is heading into its sixth year of drought. Were it not for
the imported water that Metropolitan brings to the Southland,
the groundwater basins and surface reservoirs would be at
historic lows. This imported water remains an essential
component of Southern California's water supply portfolio,
and we cannot afford to miss out on capturing supplies during
the few large storm events that come each year. Your drought
provisions will help to maximize pumping while maintaining
the protections provided to California's native species
through the Endangered Species Act and the Biological
Opinions that currently protect salmon and smelt. These
protections are important to Metropolitan to ensure we
continue to operate in an environmentally responsible manner.
Equally important is the need for investment in new local
water supplies to help California adjust to climate
conditions that are reducing our snowpack and changing rain
patterns. Investments in recycling, desalination, groundwater
treatment and conservation that are included in the drought
provisions of the legislation are vital to this region.
Reforming Title XVI to allow recycled water projects to
compete for funding is an important first step.
WRDA includes many other important provisions that will
benefit California water users including funding for
improvements to U.S. rivers and harbors, improved science,
conservation initiatives, infrastructure development,
ecosystem restoration and sustainability. These programs will
improve the nation's drinking water resources and improve our
water resiliency as a nation.
Metropolitan appreciates your leadership on national water
policy initiatives and your ongoing support and commitment to
finding solutions for California's water supply and water
quality concerns. We look forward to continuing to work with
you to advance these objectives.
Sincerely,
Jeffrey Kightlinger,
General Manager.
____
Three Valleys MWD,
December 6, 2016.
Re: S. 2533--California Emergency Drought Relief Act--Support
Hon. Dianne Feinstein,
U.S. Senate,
Washington, DC.
Dear Senator Feinstein: I am writing to you on behalf of
the Three Valleys Municipal Water District (TVMWD) to express
our support for S. 2533--the California Emergency Drought
Relief Act. TVMWD is a wholesale water supplier and member
agency of the Metropolitan Water District of Southern
California, responsible for providing treated import water
supplies to over half a million people covering the Pomona,
Walnut and East San Gabriel valleys.
Despite improving hydrologic conditions in 2016, many
regions in California continued to suffer water supply
shortages resulting from several years of prolonged drought
and regulations that affect the operations of the State's
major water supply projects. S. 2533 is designed to provide
reasonable solutions to address both the short-term and long-
term water supply needs for the State. It does this by
investing in water storage, conservation, recycling and
desalination, along with innovative water infrastructure
financing. These provisions align with Proposition 1, which
was passed by California voters in 2014, thus enhancing State
law with the coordinated activities of the Federal agencies.
The bill upholds and protects state water rights and water
law and there is an environmental protection mandate repeated
throughout the text of the bill. Moreover, S. 2533 makes
provision for additional protections of at-risk fish species
and provides tools to improve the delta environment. The
drought has shown how we must take a holistic look at how we
manage the entire ecosystem for the benefit of both native
species and water supply reliability.
S. 2533 will provide critical resources to assist
California in the current drought and invest in long-term
water infrastructure to help the state in the future and we
are pleased to offer our support. We are requesting that our
local representatives support your efforts to pass this
important legislation and ask that they make you aware of
that support. If you have any questions regarding TVMWD and
its position, please do not hesitate to contact me at 909-
621-5568.
Sincerely,
Richard Hansen, P.E.,
General Manager.
____
Upper San Gabriel Valley
Municipal Water District,
Hon. Grace F. Napolitano,
House of Representatives,
Washington DC.
Dear Representative Napolitano: Upper San Gabriel Valley
Municipal Water District (Upper District) supports S. 612,
the Water Infrastructure Improvements for the Nation Act
(WIIN), a compromise bill that includes the Water Resources
Development Act (WRDA) of 2016. We believe this important
legislation is vital to California's water future and is
consistent with our state's policy of managing water
resources for the coequal goals of enhancing ecosystem health
and improving water supply reliability.
S. 612 contains key provisions from the WRDA which will
authorize numerous projects in California, including
restoration of the Los Angeles River, Lake Tahoe and the
Salton Sea. Upper District is pleased to see the bill
authorizes $558 million for critical projects, that will help
supplement state and local funding to construct new source
water projects that will help manage our groundwater basin
which has reached historic lows during California's five-year
drought.
In addition, it will help local water agencies work with
the U.S. Army Corps of Engineers on stormwater capture
projects and groundwater recharge projects, and provides
direction to the Corps to engage in environmental
infrastructure projects, including water recycling projects.
We are also pleased to see reforms made to Title XVI to allow
recycled water projects to compete for funding.
[[Page H7488]]
This legislation reflects compromises that will improve
water supplies for all Californians and reflects a balanced
compromise that will help provide improved water supplies
without violating the Endangered Species Act or existing
biological opinions that govern pumping operations in the
sensitive Bay-Delta eco-system.
Upper District appreciates your leadership on national
water policy initiatives and your ongoing support and
commitment to finding solutions for California's water
supply. We strongly support passage of this legislation and
respectfully ask for your vote in favor.
Sincerely,
Shane Chapman,
General Manager.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Calvert), the chairman on the Appropriations Interior,
Environment, and Related Agencies Subcommittee.
Mr. CALVERT. Mr. Speaker, I rise today in strong support of the WIIN
Act. The bill contains a number of provisions that help improve the
water infrastructure across the country.
My home State of California continues to suffer from drought
conditions and a water system that has failed to keep up with
tremendous population growth. Thankfully, this bill contains a number
of solutions that will help address California's water challenges.
In my experience, there are few things more difficult than water
negotiations, and these negotiations over California water provisions
proved to be no different.
I am also pleased that this bill includes legislation I introduced to
finalize the Pechanga Band of Luiseno Water Rights Settlement.
Mr. Speaker, I want to thank Senator Feinstein for making today
possible, Chairman Shuster and his committee for their hard work, Kiel
Weaver for his efforts to get California water across the line, and Ian
Foley for his tireless work.
I encourage all of my colleagues to support this bill.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Speaker, I rise to engage the chairman and ranking
member in a brief colloquy on behalf of the Connecticut congressional
delegation and Long Island Sound.
The sound is a treasured and integral source, one that generates $9
billion annually through tourism, recreation, and economic activity, so
the importance of dredging activities to our State and the larger
region cannot be overstated.
Therefore, we seek clarification with the constant intent of section
1189 and the dredging provisions contained in the WIIN Act.
I yield to the gentleman from Connecticut (Mr. Courtney).
Mr. COURTNEY. Mr. Speaker, if we understand section 1189 correctly,
nothing in S. 612 gives any States any new rights by which to impose
its own water quality standards on any other State. Rather, section
1189 is simply a restatement of current law under the Clean Water Act.
Additionally, we understand that no provision in this bill revises
the Army Corps' Federal standard of dredged material from Federal
projects; and as is affirmed through a sense of Congress in section
1188 of this bill, the best way to resolve any disagreements over State
water quality standards is collaboratively with input from all
stakeholders.
Is that a correct reading of the bill?
Mr. SHUSTER. Will the gentlewoman yield?
Ms. DeLAURO. I yield to the gentleman from Pennsylvania.
Mr. SHUSTER. Yes.
Mr. DeFAZIO. Will the gentlewoman yield?
Ms. DeLAURO. I yield to the gentleman from Oregon.
Mr. DeFAZIO. I would say yes.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McCarthy).
Mr. McCARTHY. Mr. Speaker, I thank the gentleman for yielding, and I
want to thank the chairman for his hard work on this bill and his
bipartisan effort in putting it together.
Mr. Speaker, Americans understand intuitively that governments are
set up for the benefit of the people. Those who are civic-minded, who
pay their taxes, live according to the law, and treat their fellow
citizens with respect deserve certain guarantees: their government will
keep them safe from enemies at home and abroad; their government will
defend their most basic constitutional rights; and their government
will ensure that people have access to basic necessities fundamental to
life.
I ask this body, Mr. Speaker, what could be more fundamental to life
than water? America is not some Third World country--we are a wealthy
nation--and we will not let any American go without water. I am proud
we are voting on legislation today to deliver water to the people
across the country by updating our water resource projects and changing
outdated water policies.
But, Mr. Speaker, we cannot treat each community facing a water
crisis in isolation. In my State of California, we are enduring the
worst drought in over a century. Farmland has been fallowed, families
are forced to cut back on water consumption, and some are out of water
completely. They have to travel to community centers for drinking water
or to even take showers and brush their teeth.
With each passing day, month, and year, our situation becomes more
desperate. As we all know, the drought is an act of nature. It is one
of those troubles that we can respond to and prepare for but not
prevent. Yet our own government, the Federal Government, has not only
failed to prepare for this drought, they have exacerbated it. Water
that could have been used in homes or on farms has been sent out to
sea. Water that could have been stored by building new reservoirs was
lost. Water, our most precious resource, has been wasted.
The drought may be our biggest challenge, but its destructive effects
have been compounded by stubborn regulatory and legal restraints. In
California, rather than strive to bring people water, the State
government is taking it away. This is more than incompetence.
Government has failed in its primary duty to make sure people have that
which is necessary for life. The people of California have put into the
system, and they are not getting what they deserve, are due.
But today, and in large part thanks to Members on both sides of the
aisle in this Chamber and the senior Senator of our Golden State with
their good faith negotiation and partnership, water is coming.
We now have a bipartisan water bill. It is not the holistic one that
this House wants to pass, but it is a bill that helps deliver water to
our communities, potentially enough to supply the annual needs of
almost 450,000 households in California. It will increase pumping; it
will increase storage; it will fund more desalinization, efficiency,
and recycling projects; and it will do all of this in accordance with
the Endangered Species Act and without costing the taxpayer one
additional cent.
Our work to bring California water is by no means complete, but this
deal shows that we have a path forward to fulfill our obligation to the
American people.
Once we pass this bill today, I urge Senate Democrats and Republicans
and the President to join with the House and enact this bill and help
our communities in California, in Flint, and across this country get
access to the water we desperately need.
Mr. DeFAZIO. Mr. Speaker, how much time is remaining on both sides?
The SPEAKER pro tempore. The gentleman from Oregon has 2\1/2\ minutes
remaining. The gentleman from Pennsylvania has 4\1/2\ minutes
remaining.
Mr. DeFAZIO. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Thompson).
Mr. THOMPSON of California. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, if this bill did what the previous speaker just said, I
would be here to speak in favor of it. Unfortunately, this legislation
is a giant leap in the wrong direction with the potential to undo all
that our State has worked for. It sends operations mandates from
Washington to water managers who have carefully balanced water
allocation across users for the past 5 years of this terrible drought.
It pits regions against each other. It reignites the water wars, which
our State has struggled with for generations.
[[Page H7489]]
{time} 1115
Though the authors have provided authorization for critical water
infrastructure, they have prioritized huge water storage projects
without enough congressional oversight.
The bill also leaves the door open for the Federal funding for our
State's delta tunnels proposal, which is highly controversial in
California; and funding for this measure, if it happens at all, would
be left to the mercy of the Republican-controlled spending committees.
Funding is not guaranteed for these projects.
Most fundamentally, this provision violates the bedrock environmental
laws that protect ecosystems not just in California, but nationwide.
When lawmakers overrule biological opinions--the determination of
scientists about what is best for a species--the science-based
management ecosystems everywhere are undermined.
The consequences could be catastrophic. We have seen it before. In
2002, we ignored science and diverted water out of the Klamath River,
killing nearly 80,000 spawning salmon. Communities were devastated and
livelihoods were lost. We can't afford to set a precedent. This is a
bad provision of an otherwise good bill, and I urge a ``no'' vote.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Farenthold).
Mr. FARENTHOLD. I thank the chairman.
Mr. Speaker, I am here today to support the WIIN Act. We have heard
from both sides. It is a bipartisan bill. Nobody likes everything in
it, which is typical of legislation in Washington, but it is absolutely
critical to this country--to jobs and our economy.
In fact, in the district I represent, there are over 76,000 jobs
associated with ports and waterways in the area. I would venture to
say, however, 100 percent of the population is touched in the products
that they buy, in the goods that they produce, and in the raw materials
that are shipped.
This is a good bill that cuts redtape and gets our port projects
going. It is what we need for our economy and it is what we need for
America. I urge my colleagues to support it.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
I thank all of the staff who worked so hard on this legislation,
particularly the majority and minority staff of the Subcommittee on
Water Resources and Environment. We would not be here today without the
hard work of Ryan Seiger and Mike Brain on my staff and of others on
the other side of the aisle.
Mr. Speaker, I yield the balance of my time to the gentlewoman from
Ohio (Ms. Kaptur).
Ms. KAPTUR. Mr. Speaker, I rise in solidarity and in championing the
cause of the steelworkers of our Nation and of the industrial heartland
of Lorain, Ohio, and Gary, Indiana, and Youngstown.
Apparently, the Republican majority was not paying attention to the
recent election because, in fact, Mr. Trump promised that the Buy
American provision and American steel production would be supportive
and primary; yet they are proposing to kill the Buy American provision
in this bill.
I urge the majority not to forget the promises its party made to
these proud and strong American workers. I can assure the majority they
won't forget. We also have to stand up to Chinese dumping that has put
out of work thousands and thousands and thousands of workers across
this country. Given the woes of the American steel industry,
encouraging more offshoring is unconscionable.
Mr. DeFAZIO. Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
South Carolina (Mr. Sanford).
Mr. SANFORD. I thank the gentleman.
Mr. Speaker, I rise in support of this bill.
I thank the chairman for his work and for the committee's work on
this bill in the way that, in essence, it creates a lighthouse on how
we might fund infrastructure projects going forward.
There is much talk about the new Trump administration and what will
come next on that front, but what will be important is the process in
the way that we fund infrastructure. We can have our different takes on
what should or shouldn't happen in California, but if you look at the
bill in its totality, it sets in place a process that, I think, is
vital.
Second, it is important to take things off the Christmas tree, and
this bill does that. I praise the chairman for what he has done. He
deauthorized $10 billion worth of projects. That is something we do not
often see in Washington, D.C., and it is something we need to see more
of.
Finally, I thank the gentleman for the way that he focused on
Charleston. Any time one can count a resource on one hand, it is a
natural resource. Indeed, that is the case with the port in Charleston,
which I think will go to serve needs, along with a number of other
ports on the Gulf and the East Coast, as the Panama Canal has been
widened.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. I thank the chairman and the ranking member
for all of their work on this legislation, particularly on the water
resources component.
Mr. Speaker, you can look at water resource policy across the United
States, whether it is building levees or it is restoring the coast. We
have one of the most expensive and one of the most delayed processes
for implementing infrastructure projects in the Nation. This bill
begins to correct that process. It begins to expedite it. It begins to
give better local control. It begins to provide people protection. It
begins to restore the environment.
Just in August of this year, Mr. Speaker, we had one of the worst
floods in U.S. history that will result in billions of dollars in
flooding. We simply could have spent millions, once again, in
preventing the flooding from happening, thus saving lives and saving
this country billions of dollars. So I urge the adoption of the bill.
I want to quickly say that the West Shore project authorized in here
and the environmental banks are critical and are going to result in
much protection and efficiency.
Mr. SHUSTER. Mr. Speaker, I appreciate all of the work that has gone
into this bill, especially by the staff on both sides of the committee.
There were a lot of hours that they put in, and I can't thank them
enough for what they did.
Again, I thank my counterpart, the gentleman from Oregon (Mr.
DeFazio), for his efforts on the bill as well as the ranking member's
and the subcommittee chairman's.
I urge all of my colleagues to support S. 612, or the WIIN Act, so we
can improve our ports, our harbors, and can protect this Nation from
flooding and natural disasters.
Mr. Speaker, I yield back the balance of my time.
Mr. BUCSHON. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of S. 612, the Water Infrastructure Improvements
for the Nation Act, and I urge my colleagues to join me in that
support.
As everyone knows, families in Flint, Michigan, have not been able to
trust the drinking water coming out of their taps for more than 2
years, and bottled water and filters are only temporary solutions. They
want answers, and they want results. The package before us includes
legislation that will authorize funding to help improve the health of
the people in Flint and in other communities who have had Federal
emergencies declared due to there being unsafe levels of lead in their
drinking water. Specifically, this package authorizes $100 million in
Safe Drinking Water Act capitalization grants to States that respond to
a Presidentially declared disaster for health threats posed by their
drinking water.
This bipartisan package also expresses that $20 million should be
approved under the Water Infrastructure Finance and Innovation Act for
eligible projects. It authorizes $20 million for the creation of a Lead
Registry and Advisory Committee at the Department of HHS, and it
authorizes an additional $15 million in appropriations for the
Childhood Lead Poisoning Prevention Program at the CDC. It also
authorizes $15 million for the Healthy Start Initiative at the
Department of HHS.
This fully offset package will not only serve as the basis for
responding to decaying lead service lines across
[[Page H7490]]
the country, but will also directly respond to the tragic toll that has
been taken on the minds and bodies of Flint's youngest victims due to
repeated exposures to elevated concentrations of lead in drinking
water. We must pass this authorization to ensure the appropriation
proposed in the continuing resolution does what we want it to do, not
what the EPA might come up with for that funding.
As for the other parts of the WIIN Act, they are not perfect, but
they represent a bipartisan, bicameral compromise that I expect the
President to sign. Under the jurisdiction of the Energy and Commerce
Committee, there are several other proposals that address lead and
other contaminants in drinking water:
WIIN includes the public notification provisions that the House
passed this past February with 412 votes. Specifically, it requires
public water systems to notify their customers if the utility, on a
systemwide basis, is exceeding the Federal lead action level for the
concentration of lead in its drinking water. If the water utility and
the State fail to make the notice, then the EPA must advise the public.
These provisions also call for the creation of a strategic plan
between the EPA, the State, and the local water utility for household-
specific notification if the EPA learns about a particular household
getting water above the Federal lead action level.
This legislation also targets assistance to small and economically
disadvantaged communities, particularly those communities with any kind
of formal plumbing or inadequate water delivery service.
Beyond Flint, WIIN institutes a new program to help communities
finance activities to reduce the lead in their treated drinking water.
The priority for these grants goes to economically disadvantaged
communities that have concentrations of lead in their drinking water
that exceed Federal standards. This bill also provides grants to States
for voluntary testing programs for lead in school and childcare center
drinking water systems.
There are other worthy provisions that are contained in this bill
that I urge my colleagues to look into, but I want to mention two of
them: Buy American iron and steel and State permitting for coal ash.
While these provisions have been carried in appropriations bills for
years, WIIN inserts a requirement into the Safe Drinking Water Act that
iron and steel used in projects financed with Federal money have to be
primarily made in the United States.
This language sends a strong signal that Congress supports American
businesses and workers and will not allow foreign competitors to use
our markets as a dumping ground for cheap products. Concerning coal
ash, after 6 years of trying, we are close to reaching our goal of
enacting legislation to establish permit programs for coal ash.
The language in WIIN provides for the establishment of State and EPA
permit programs, which will alleviate the issue of the citizen suit
enforcement of the EPA's final rule. Like past House proposals, States
may incorporate the EPA final rule for coal combustion residuals or
develop other criteria that are at least as protective as the final
rule.
{time} 1130
States and utilities alike are supportive of the language.
I commend our colleague, David McKinley, for his dogged determination
on this issue and our Water Resources and Environment Subcommittee
Chairman John Shimkus for their work on this subject.
In summary, Mr. Speaker, this bill is, on balance, better than the
status quo, and it is done in a more fiscally responsible way than the
version that passed the other body: no direct spending, fully offset,
and in line with House rules and protocols. It addresses critical
issues facing our Nation in both water infrastructure and drinking
water policy. It is worthy of our support, and it will benefit all
Americans. I urge a ``yes'' vote on S. 612.
I reserve the balance of my time.
Mr. TONKO. I yield myself such time as I may consume.
Mr. Speaker, this bill is far from perfect. It has some very good
provisions and others that I oppose. I rise today to highlight the
particular sections I worked on to get included in this bill.
I have worked across the aisle with my colleagues in the past on
similar drinking water issues, and I have been asking my E&C colleagues
for a hearing on broader reforms to the Safe Drinking Water Act through
this entire session. While we have not been successful in having a
hearing, I remain optimistic that my colleagues on the other side will
make this a top priority next year.
With that said, the bill before us today includes a number of
provisions very similar to language authored by myself, by Ranking
Member Pallone, and many of our Democratic colleagues contained within
the AQUA Act and the Safe Drinking Water Act Amendments of 2016.
We know communities and low-income homeowners need assistance
replacing lead service lines. This bill authorizes a new $300 million
grant program to get lead out of our communities. It gives priority to
schools, to childcare centers, and other facilities that serve
children. The bill also makes it easier for States to administer
Federal funds.
In addition to these provisions from the AQUA Act, there are a number
of other positive things included in this bill. We have heard about the
struggles of small and disadvantaged communities. In my district, the
mayor of Castleton, Joseph Keegan, testified that his community needs
help but simply cannot afford a loan. He suggested allowing grants.
This bill includes a significant grant program specifically for that
purpose.
It also gives more flexibility for tribal governments and encourages
innovative technologies. The bill improves public notification
requirements when a system violates the Lead and Copper Rule, an issue
the gentleman from Michigan (Mr. Kildee) has fought for to help prevent
another tragedy like that in Flint. And it includes an authorization
for a program to help schools test for lead.
Unfortunately, this bill fails to make sufficient commitments to Buy
American. We must include stronger Buy American language in the
statutes.
Finally, I am disheartened to see such a divisive bit of language on
California water issues added at the last minute. It is frustrating to
see a good bill, negotiated in good faith, get loaded up with a poison
pill at the end. Ultimately, this bill has taken some good first steps
to invest in our Nation's water systems and provide the city of Flint
with the assistance it needs and deserves. But much more is needed.
Some $384 billion is required over the next 20 years to simply keep
up our drinking water systems, and 18 million Americans live in
communities that violated the Lead and Copper Rule in 2015. We must,
and we can, do better. It is time to get to work. There are many more
provisions included in the AQUA Act that I hope this body seriously
considers moving forward.
Mr. Speaker, I reserve the balance of my time.
Mr. BUCSHON. Mr. Speaker, I reserve the balance of my time.
Mr. TONKO. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, I have witnessed a pattern of attacks
against the Endangered Species Act as well as attacks on our industries
and communities that rely on the California delta. House Republicans
continue to attach environmentally damaging California water riders to
every single piece of legislation that is moving on this floor. This
time, it is on S. 612, the WIIN Act, also known as the WRDA bill.
This highly controversial language was developed behind closed doors,
and it jeopardizes the Senate bipartisan bill that Senator Boxer and
Senator Inhofe have worked on very hard, but Senator Boxer is now
willing to sacrifice all that work to stop this bill. I strongly
support the original bill, which includes some very good stuff.
I also want to recognize Mr. Kildee, my colleague who has worked very
hard on behalf of his constituents in Flint, Michigan.
I support the provisions in this bill that will provide assistance to
the drinking water crisis in Flint and other areas of the Nation that
need upgraded drinking water infrastructure.
But as long as the California so-called drought language remains, my
State and the Pacific Coast are at risk.
[[Page H7491]]
This California water rider would further degrade the California delta.
It weakens protections for California fisheries; threatens thousands of
fishing industry jobs, as we have heard, even up to the coast of
Oregon; increases saltwater intrusion; and it picks winners and losers
in my State.
This provision will provide freedom to export water above and beyond
what the ESA currently allows. This will cause further saltwater
intrusion into the delta. You know, farmers do not benefit when
saltwater contaminates our water supplies.
If we truly believe in sound science, we should not override science
with local interests that do not represent the entire State.
The administration and its agencies have serious concerns with this
language. This rider will not create a path forward for effective
operations but, instead, will create a firestorm of litigation.
Environmental organizations, the fishing industry, the fisheries
believe this language will devastate our way of life on the Pacific
Coast.
I, along with California, Oregon, and Washington Members, have urged
the House and Senate leadership to reject similar riders in the past. I
have had an opportunity to submit amendments to strip these riders in
the past, but we do not have that opportunity today.
The SPEAKER pro tempore (Mr. Holding). The time of the gentleman has
expired.
Mr. TONKO. Mr. Speaker, I yield the gentleman an additional 30
seconds.
Mr. McNERNEY. Republicans should not hold funding for water
infrastructure projects hostage. Instead of pitting communities against
each other, we need to support conservation, storm water capture, and
innovative recycling programs. We need real drought solutions that will
actually improve water supply.
This is not a compromise. It sets a precedent for the next
administration to further unravel environmental protections. I urge a
``no'' vote.
Mr. BUCSHON. Mr. Speaker, may I ask how much time I have remaining?
The SPEAKER pro tempore. The gentleman from Indiana has 5 minutes
remaining.
Mr. BUCSHON. Mr. Speaker, I yield 1 minute to the gentleman from
North Dakota (Mr. Cramer).
Mr. CRAMER. I thank the gentleman for yielding.
Mr. Speaker, the WIIN Act includes two provisions very important to
constituents of mine in North Dakota that involve Bureau of Land
Management properties; and because of the House rules, I was unable to
put these provisions in the House WRDA Act. However, Senator Hoeven was
able to get them into the Senate bill; and, with the strong support of
committee leadership and staff, we were able to work it out and get
them in the final bill.
One provision concludes an issue that has been going on for years
that involves the continued use of trailer homes around Lake Tschida,
or the Heart Butte Reservoir. The requirements set in this provision
will increase safety while supporting existing investments and
continued recreation around the lake.
The other deals with a more recent issue that has arisen lately of
looming fee increases at cabins and trailers at three North Dakota BLM
reservoirs: the Heart Butte, Dickinson, and Jamestown. Because market
rent surveys weren't completed for many years, and then the recent
increases in North Dakota property values, surveys completed last year
concluded that the fees would have to be increased 91 to 232 percent
overnight. Obviously, my constituents would be hit too hard by that, so
this bill helps correct that and brings a smoother transition.
Mr. TONKO. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Speaker, I thank my friend from New York (Mr. Tonko)
for yielding and for his work advocating on behalf of the people of my
hometown, Flint.
I also want to thank colleagues on both sides of the aisle: Leader
Pelosi; our whip, Mr. Hoyer; the Speaker who committed to help make
sure that we get this Flint provision through; as well as other
colleagues who have stood with me as I have fought now for a year and a
half for the people of my hometown.
Flint is a city of 100,000 people who still can't drink their water.
This is not a question of access to water. The water flowing through
the pipes in Flint has poisoned that city: 100,000 people, 9,000
children under the age of 6 affected permanently by high levels of lead
being delivered to them through their municipal water system, caused by
careless, thoughtless decisions based on an obsession with austerity by
the State government. And then they were told the water was safe to
drink, when that same State government knew it was not.
Look, we know where we stand. No bill is perfect. This bill is far
from perfect. Many of the provisions included in this legislation I
disagree with. But I have been fighting for my hometown and have been
told to wait and wait and wait, and the people of my community can wait
no longer.
Drinking water is a basic human right, and that should be a human
right exercised by the people everywhere, including the people of my
hometown of Flint.
Every day that passes, every week that passes, every month that
passes that Flint does not get the relief they so deserve is a day we
don't get back. More people leave. More businesses fail. The city gets
more poor and poor and poor and incapable of moving forward. That has
to stop, and it has to stop right now. It has to stop before this
Congress adjourns. We can't count on the next Congress to get this
done. Time matters.
This bill would provide relief to my hometown. It would put it on a
path, and it would send a signal that it is okay to invest in Flint. It
is okay to stay. The water will be fine. That is a responsibility we
have. This is a moral obligation that we have.
It also makes sure that there is no more Flints, by including in this
legislation the Kildee-Upton bill that passed this House nearly
unanimously. It is long past time for us to act. I ask you to join me
in supporting this legislation.
Mr. BUCSHON. Mr. Speaker, I yield 1 minute to the gentleman from
Montana (Mr. Zinke).
Mr. ZINKE. Mr. Speaker, I rise in strong support of the WIIN Act,
which includes one of my top priorities in Congress, the Blackfeet
Water Compact. I cannot stress how important this compact is to the
Blackfeet Nation, a nation of warriors; the State of Montana; and our
great Nation, the United States.
Not only has the compact receive the necessary and long signoff that
involved Federal agencies, the House Natural Resources Committee, and
House leadership, it is a net benefit to the American taxpayer.
I want to commend the Blackfeet warriors for all their hard work,
especially Chairman Harry Barnes for his guidance and leadership, and
also Chairman Bishop for his leadership.
I urge my colleagues in the House and Senate to put politics aside
and pass this bill.
Mr. TONKO. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from New York has 1\1/2\
minutes remaining.
Mr. TONKO. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
New Jersey (Mr. Pallone), the ranking member of the Committee on Energy
and Commerce who is doing a great job leading us in the House.
Mr. PALLONE. Mr. Speaker, I oppose the WIIN Act in its current form.
The decision by Republican leadership to include damaging legislation
on California water in an otherwise good, bipartisan bill is deeply
disappointing.
Members and staff have devoted months to the underlying package,
including long overdue aid for the people of Flint. But I cannot
support the California water poison pill, and I know that many of my
colleagues in the Senate are in the same position.
I want to thank Leader Pelosi and Whip Hoyer for working tirelessly
over the last few months to develop this package and over the last few
days to save it. I hope this is not the end of the story.
We have tried for years on the Energy and Commerce Committee, Mr.
Speaker, to get our Republican colleagues to work with us to strengthen
the Safe Drinking Water Act and provide more money for infrastructure,
but they have refused. So I welcomed the Senate's bipartisan passage of
an
[[Page H7492]]
expanded WRDA that included some valuable changes to the Safe Drinking
Water Act and significant new authorizations for infrastructure, and I
was pleasantly surprised that House Republicans agreed to some of the
changes and authorizations in that bill.
However, the drinking water provisions in this bill fall short of
what was included in the Senate WRDA bill; most notably, Republicans
refuse to support a permanent requirement that projects funded through
the SRF use American iron and steel. That requirement should not be
controversial. It has been enacted through the appropriations process
for years and has clear benefits for American workers and the American
economy.
{time} 1145
House Democrats have proposed significant changes to the Safe
Drinking Water Act that go far beyond this bill, including changes
needed to address dangerous drinking water contaminants and the risks
to drinking water from climate change. Ignoring these challenges won't
make them go away. House Republicans need to face these challenges in
the coming months and not undermine our efforts with poison pills.
Mr. BUCSHON. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Upton), the chairman of the Committee on Energy and
Commerce.
Mr. UPTON. Mr. Speaker, I rise this morning in support of S. 612, the
Water Infrastructure Improvements for the Nation Act, and I would urge
every one of my colleagues to join me in that support.
As everybody knows, families in Flint, Michigan, have not been able
to trust the drinking water coming out of their taps for more than 2
years. Bottled water and filters are only temporary solutions. In
August, I traveled to Flint with my friend and colleague Dan Kildee
from Michigan. We visited health facilities and homes, and we heard
firsthand from hundreds of residents. No matter where we went, we heard
the same voices. Folks in Flint are tired of the partisan blame game.
They really are. They wanted answers and they wanted results, and that
is what this bill does.
That is why we worked so hard to have language included in this
bipartisan legislation that will authorize funding to help improve the
health of the folks in Flint and other communities who have had Federal
emergencies declared due to the unsafe levels of lead in their drinking
water.
Our package authorizes $100 million in Safe Drinking Water Act
capitalization grants to States responding to a Presidentially declared
disaster for health threats associated with the presence of lead or
other drinking water contaminants in a public water system.
This bipartisan package also expresses that $20 million should be
approved under the Water Infrastructure Finance and Innovation Act for
eligible projects. It authorizes $20 million for the creation of a lead
registry and advisory committee at the Department of HHS and authorizes
an additional $15 million appropriation for the Childhood Lead
Poisoning Prevention Act at CDC. It authorizes $15 million for the
Healthy Start Initiative at the Department of HHS. It also authorizes
30 new Army Corps of Engineers projects across the country, including
critical harbor maintenance provisions that are vitally important in
the Great Lakes.
This fully offset package will not only serve as the basis for
responding to decaying lead service lines across the country, but also
responds to the tragic toll that has been taken on the minds and bodies
of Flint's youngest victims and similar communities due to repeated
exposures to elevated concentrations of lead in drinking water.
Simply put, Flint needs action. This bipartisan legislation delivers
that. I urge my colleagues to vote ``yes.''
Mr. BUCSHON. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Lance).
Mr. LANCE. Mr. Speaker, I rise today in very strong support of the
Water Infrastructure Improvements for the Nation Act, which will
provide critical resources to address the needs of our waterway
infrastructure directly affecting communities' economy and safety.
Communities I represent have suffered from chronic flooding, and I am
proud to have worked with municipal leaders in Cranford, Kenilworth,
Maplewood, Millburn, Rahway, Springfield, and Union, New Jersey, to
include authorization language in this legislation that will complete
the Rahway River Basin Flood Risk Management Feasibility Study.
For years, these New Jersey communities have pursued this project
based on its great merits that will protect life and property. I have
toured these communities and seen firsthand how the solution must come
from collaboration between local leaders, State entities, and the
Federal Government, including the Army Corps of Engineers.
This legislation gives the Army Corps the directive to get it done.
This is how Congress should work, heeding the call of our constituents
and building bipartisan consensus to make sure that this legislation
passes. I congratulate all those responsible.
Mr. BUCSHON. Mr. Speaker, I urge the passage of S. 612.
I yield back the balance of my time.
Mr. TONKO. Mr. Speaker, I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself 2 minutes.
One of the things we have to realize is we have had communities that
have been suffering for a long time. Our job is to help people. We
should be ashamed that it has taken us so long to try and move to a
solution in these particular issues. What we have before us here is not
a total solution, but it is a very, very good first step, and not just
for the arid West. There are 17 Western States that will be assisted by
this bill, but 29 States as well as Indian Country are going to be
helped, especially as they try to repair their aging dams and their
irrigation canals. We are finalizing Native American water rights
settlements in California, Oklahoma, and Montana; doing land exchanges;
helping with forestry management in the Nevada area; giving flexibility
for Californians under the principle that, if it is going to rain,
capture the water before it is lost to the ocean; having alternative
end-water development programs like desalinization. All of these are
done without undermining the Endangered Species Act. I say that not as
a virtue of the bill, but simply as a fact.
This bill in which we find some compromise between the Senate and the
House, between Republicans and Democrats, is a final way of us being
able to actually move forward. Let's make sure that we take ``yes'' as
an answer.
Mr. Speaker, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
WRDA has always been a bipartisan piece of legislation. I have always
voted for WRDA. I voted for this WRDA earlier in this Congress before a
90-page poison pill, California water provision, was dropped in at the
very last minute.
Mr. Speaker, unfortunately, I must rise today in opposition to this
WRDA in its current form. I urge my colleagues to vote ``no'' on it and
force a vote on a clean WRDA so that we can have the many projects, the
many benefits, the aid to the people of Flint, Michigan, that they so
richly deserve and have waited far too long to receive.
We are here, Mr. Speaker, because, unfortunately, the House
Republicans have a problem with regular order. It is something that
they have talked a lot about. We have heard many promises about an open
legislative process, and yet here they come again with the latest
attempt to jam through dangerous California water provisions that were
crafted behind closed doors, without public review or scrutiny, and
they are being thrown on the House floor literally in the final hours
of this Congress.
Let's not forget that this same last-minute, closed-door maneuver,
the same water grab, nearly torpedoed last year's must-pass spending
bill. By insisting on this parochial poison pill, majority leadership
is apparently willing to risk tanking the WRDA bill no matter the
damage to the families of Flint who have been waiting far too long, no
matter the harm to fishing communities across the West, no matter how
many jobs that would be created by WRDA might have to wait until the
McCarthy rider is dealt with.
This power play feels a lot like deja vu. Today, yet again, we are
debating a
[[Page H7493]]
California water measure that hasn't gone through the committee of
jurisdiction or received sign-off from the affected tribal interests,
the fishing industry, or State and Federal water agencies.
While this Congress was never given the opportunity to receive expert
testimony on these provisions, we do know that the Obama administration
just this week announced its strong opposition to the California water
provisions that have been added to this bill. Senator Boxer, one of the
primary authors of the WRDA bill before it was hijacked with this
rider, has also called these provisions a last-minute poison pill, and
she has vowed to do everything in her power to block this bill in the
Senate.
Mr. Speaker, we have heard significant opposition to this rider from
other stakeholders who have warned this Congress that thousands of
fishing industry jobs across the Pacific Coast will be threatened if
this bill is enacted.
But I do have to hand it to my colleagues across the aisle about one
thing: they are relentless. This rider is simply the latest of many
attempts to pick winners and losers during California's historic
drought. If it is enacted, the winners in this effort will certainly be
some of the most powerful, politically active corporate farmers in the
world.
Consider one group of water stakeholders, one group of contractors in
one specific region. Now, this bill may call itself a drought solution,
and we may talk about many different parts of it, but tucked into the
details is a congressionally directed 100 percent water allocation for
one group of water contractors. That is one heck of a drought solution
if you have got the political juice to get it into a bill like this.
Fishery protections, meanwhile, will be gutted in order to redistribute
water supplies, primarily to large industrial farms in the Central
Valley.
Let's talk about the losers in this effort. It is going to be pretty
much everyone else. The California water rider will weaken fisheries
protections that support thousands of jobs in numerous industries,
including commercial and recreational fishing, fish processing,
restaurants, docks and harbors, boating, equipment supply, and tourism.
Pretty much everyone across the Pacific Coast who depends on healthy
fisheries for their livelihoods will be hurt if this poison pill is
enacted.
Thousands of fishermen and their families are already hanging on by a
thread right now. Because of this drought, fishery managers have
severely restricted the commercial fishing season off the West Coast
because of high salmon mortality in California. Last year we had a 97
percent mortality rate for juvenile Sacramento River winter-run salmon.
The year before that it was a 95 percent mortality.
These are tough times for fishermen around the West. They are
struggling to pay their mortgages. We have heard about boats being
scrapped because the owners can't pay mooring fees; homes are being
repossessed; restaurants, hotels, and other retail and service
businesses are struggling just to scrape by.
The human impact during this drought has been devastating on the many
small-business owners and thousands of working people across
California, Washington, and Oregon who depend on healthy fisheries.
This is the worst time to weaken the thin line of protections for these
fragile salmon fisheries. Yet instead of increasing protections, as all
the evidence tells us we need to do, this bill takes us in the opposite
direction.
Now, the State of California has called for Federal drought
legislation that does not favor one region or one sector of the State
over another. This rider unquestionably fails that test.
Mr. Speaker, this Congress can do real things to solve California's
water problems without pitting parts of the State against each other. I
hope one day my House Republican colleagues will give up on the idea of
jamming through dangerous, divisive measures that pit fishermen against
farmers, that override the interests of the tribal community and
numerous others who are suffering through California's historic
drought.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from California (Mr. Valadao), one of the leaders in this
particular effort.
Mr. VALADAO. Mr. Speaker, I first want to start off with a big thank-
you to Chairman Bishop for all his hard work these past 4 years--it has
been with his leadership and his support that we have been able to get
to this point--Chairman Shuster as well, and, obviously, from
California, Majority Leader Kevin McCarthy has been a big supporter.
This piece of legislation is a small step in the right direction. In
no way, shape, or form are we celebrating as if we have reached the
finish line. What this does is it helps us give a little more
flexibility so we can help those poor people in my communities, and
others south of me and even just a little bit north of me, who need
this help desperately.
I have got people in my communities living in shantytowns, people who
have lost their jobs, schools struggling, infrastructure struggling,
law enforcement on the verge of bankruptcy. I have got police chiefs
resigning now because there are just not enough resources in these
communities, all because of bad legislation that was passed.
We have had 20 years of restrictions on water. It has not helped one
single species. The species are on the verge of extinction, and these
policies have been place.
Why not try something different? Why not try some common sense? This
legislation delivers that. It does not affect the Endangered Species
Act. It does not affect the biological opinions. All the protections
are still there. It just offers a little more flexibility to our
agencies so we can help these communities that desperately need it.
If you care about the people of California, you will look at the big
picture, you will pay attention, and you might actually even take some
time and read the actual legislation. There are no handouts. This is
something that actually provides jobs with new dollars for
infrastructure, with new dollars for recycling and other resources that
are very important, even things that I know my friends across the aisle
are supportive of, things like desalinization.
I think this legislation makes a lot of sense. I would love to see
some more support. I am thankful for all the support I do have across
the aisle, but I am hopeful for more. I look forward to this.
{time} 1200
Mr. HUFFMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, my region has much of the delta; I would say most of it.
I am very concerned about saltwater intrusion with these new
provisions. Saltwater is not something that you can drink. You can't do
much with it. It is a problem.
It is easy to sympathize--and I do--with the farmers and communities
south of the delta, but we shouldn't just pass the problem from one
region to another. We don't need to do this.
We can develop recycling. Israel recycles 90 percent of their water.
California recycles 15 percent. We can capture urban and suburban storm
water. We can stop water leakage. We can reduce evaporative losses. We
can start groundwater banking. We can create regional self-sufficiency,
which will reduce reliance on the delta water and solve all these
problems. Instead, we continue to do things the old way.
A region that needs water says: Well, they've got water over there.
We are going to get it. We are going to use our politics, our money,
and we are going to get that water. Who cares what they think. Who
cares what happens to them.
By the way, adding flexibility to the operations of the ESA is
weakening the ESA.
So let's find real solutions for everyone. Please oppose this bill.
Mr. BISHOP of Utah. Mr. Speaker, I yield 1 minute to the gentleman
from California (Mr. Costa).
Mr. COSTA. Mr. Speaker, this is a good bill for Flint, Michigan. It
is a good bill for WRDA projects across the country. It is a good bill
for California. Everybody knows that we have experienced over 5 years
of drought conditions, the driest in 1,200 years.
[[Page H7494]]
I reject the notion that somehow there is a poison pill. This is a
bipartisan effort that Senator Feinstein, House Republicans, myself,
and other Members from California have worked on for 2 years. As a
matter of fact, some of the opponents of this legislation have
provisions in this measure that they supported and advocated Senator
Feinstein insert.
The Obama administration drafted environmental protections, and one
of the red lines was that it would not modify or amend the Endangered
Species Act, nor would it change the biological opinions. Those are
simply falsehoods. Falsehoods.
This bill authorizes $580 million to offset for storage, recycling,
and reuse and desalinization. That is very important. That is part of
what the last speaker just talked about: recycling and reuse and water
conservation.
It also provides programs to benefit fish and wildlife. It also works
within the framework of the existing biological opinions.
The SPEAKER pro tempore (Mr. Dold). The time of the gentleman has
expired.
Mr. BISHOP of Utah. Mr. Speaker, I yield the gentleman an additional
30 seconds.
Mr. COSTA. Mr. Speaker, I reject the notion that these are poison
pills. People in my district and in their homes and my colleagues have
been without water, in some cases, for 2 years. This is not like a
Third World country. This is the richest country in the world, but farm
communities, farmers, and farmworkers are suffering.
This legislation would place a step in the right direction to provide
people support to correct this broken water system that we have in
California. I urge the support of this legislation not only for the
people of California, but for Flint, Michigan, and the entire country.
This is a bipartisan process and this legislation reflects that fact.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, there is a reason that every environmental group that is
engaged on this and the Obama administration are opposing this
language. It is not harmless. It is not perfectly fine with the ESA. It
is a congressional override of the scientific, peer-reviewed biological
opinions that does grave harm to the ESA and sets a terrible precedent.
But there are other problems with the bill, as well.
Mr. Speaker, I yield 3 minutes to the gentleman from Arizona (Mr.
Grijalva), my colleague and ranking member of the Natural Resources
Committee.
Mr. GRIJALVA. Mr. Speaker, I regret that, once again, we are here
today to discuss a divisive, last-minute attempt by House Republicans
to jam through destructive legislation that favors House Republicans'
special interests, industry friends at the expense of everybody else.
This week, I and nearly every one else saw for the first time a newly
inserted 100-page rider that would weaken protections for West Coast
fisheries, primarily to redirect water to large corporate farms in one
section of California. This rider threatens the jobs of thousands of
fishermen and others across the West Coast who depend on healthy fish
runs for their livelihoods.
My colleagues and I will be voting today, soon, on a 100-page
proposal that has not been reviewed by the numerous affected
stakeholders, the committees of jurisdiction, nearly every Member of
Congress, or the general public.
This rider fundamentally threatens the original WRDA bill that had
bipartisan support in the House and bicameral support as well. What
makes things worse is this poison pill rider now jeopardizes the
approval of several pending Indian water rights settlements that are
included in the original WRDA bill. The tribes whose water settlements
are now jeopardized by this poison pill have been waiting, in many
cases, to settle their claims for decades and even more.
Just one of the water settlements jeopardized by the House
Republicans' latest stunt is for the Blackfeet Nation. The Blackfeet
Nation, as mentioned by another colleague, has been trying for more
than a century to protect and secure its water rights. Finally, we have
a water settlement for the Blackfeet Nation that, once approved by
Congress, would provide funding to conduct and rehabilitate Blackfeet
Nation's water infrastructure so tribal residents can finally have
reliable and safe drinking water.
Currently, at least 30 percent of reservation residents live in
housing that lacks adequate plumbing or kitchen facilities. For the
richest country in the world, it is an embarrassment that our Native
American brothers and sisters continue to live in those conditions.
This Republican House has not funded an Indian water rights
settlement in nearly 6 years. After years of work, we are as close as
we have ever been to enacting a settlement since Democrats controlled
the House. Yet, my House Republican colleagues have decided this week
that doing a favor for their special interest allies is worth the risk
of jeopardizing the approval of every Indian water rights settlement
that is part of the original legislation.
This behavior is wrong and shows that this congressional majority
considers the needs of Indian country less important than pushing a
sweetheart deal for some of the most powerful corporate farmers in the
world.
It is time for this Congress to finally pay attention, take the needs
of Indian country seriously, and bring us a clean WRDA bill that has
bipartisan, bicameral support so that we can take action, protect those
Indian water rights, and deal with the very important question of
Flint.
Mr. BISHOP of Utah. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from California (Mr. LaMalfa), another member of the
California delegation who has been working tirelessly on this issue.
Mr. LaMALFA. Mr. Speaker, I thank the chairman greatly for this
opportunity, and all who have had a role in this; Chairman Shuster as
well. This is a bipartisan effort. It truly is a bipartisan effort.
I thank Senator Feinstein for coming forward and being a strong voice
on this as well. So it is a bipartisan, bicameral effort. These long-
term negotiations didn't happen just overnight. Indeed, since it is
water in California, most of this takes many years.
These provisions will modernize California's water supply system in
the short term and invest in new infrastructure to secure the State's
economic future--a very critical one. This agreement improves water
supply for all Californians. More supply helps everyone, north and
south, and uses the latest science to provide more water without
harming wildlife in any way. It does not harm wildlife.
From a northern California perspective, this agreement achieves
several major goals, including ironclad protections of northern
California water rights, improving water supply reliability, and
authorizes construction, finally, of Sites Reservoir, a key project
that has been talked about for years that will help California's future
supply needs.
While this bill is a significant step in the right direction, it is
not the be-all and end-all. It is not the comprehensive solution. It is
a compromise. No one gets everything they want. Any honest observer
will recognize that this agreement provides more water and does so
without altering the Endangered Species Act or other environmental
requires. It deserves your sport.
Those that are opposed to it seem to be just on the fringe, far edge
of the environmental movement. Let's get this done. I enjoy the fact
that we have all come together, by and large, for a strong bipartisan
effort.
Mr. BISHOP of Utah. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from California (Mr. McClintock), who is one of our
subcommittee chairmen on the Natural Resources Committee.
Mr. McCLINTOCK. I thank the chairman for yielding.
Mr. Speaker, like any compromise, I don't like everything in this
bill, but the net effect is an important step forward in protecting
California and its environment against devastating droughts, and it
protects Lake Tahoe against catastrophic wildfires.
My colleague from California says the California provisions are a
sudden surprise to him in this water development bill. Well, he needs
to pay more attention to the business on the floor. These provisions
have all been in water development bills passed by bipartisan
majorities from this House over the past 6 years.
If he were truly concerned about the salmon, he should be supporting
this
[[Page H7495]]
bill. This bill encourages the fish hatcheries to produce burgeoning
and abundant populations of salmon.
It finally controls the nonnative predators in the delta that are, by
far, the biggest single threat to salmon and smelt and other endangered
species.
The reservoirs are our most important defense against drought,
ensuring year-round water flows. Without reservoirs, in a drought, the
water heats to lethal temperatures and often dries up. There are no
fish.
In addition, this bill provides $335 million to increase our
desperately needed reservoirs. It adds flexibility to management of the
New Melones Reservoir. It streamlines water transfers to assure water
can be more efficiently moved to where it is most needed. It adds
strong protection to the northern California area of origin water
rights, expedites approval of projects, and updates flood control
criteria to make better use of our existing reservoirs.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. BISHOP of Utah. Mr. Speaker, I yield the gentleman an additional
30 seconds.
Mr. McCLINTOCK. One more point on our fragile environment. This bill
addresses the single greatest catastrophic threat to Lake Tahoe--
catastrophic wildfire--by expediting the reduction of dangerous fuel
loads.
Mr. Speaker, I urge its adoption.
Mr. HUFFMAN. Mr. Speaker, I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, let me say in conclusion that we have been talking about
this issue for the last 5 years. We have had four bills that have been
brought forth on this issue. We passed this one this year as well.
One would assume by a lot of the discussion you just heard that this
is only a California issue. It is not. These provisions affect the
entire West and entire Nation; 29 States. It affects my State, and I am
not from California. It is important. It is based on the simple,
commonsense idea that when it rains, store the water before you lose it
to the ocean. That is there.
Mr. Speaker, I include in the Record a letter from Ducks Unlimited
supporting this bill. I think they are going to be happy to know that I
guess they are not an environmental group anymore.
Ducks Unlimited,
December 6, 2016.
President Barack Obama,
The White House,
Washington, DC.
Dear Mr. President: Ducks Unlimited (DU) is supportive of
the Water Infrastructure Improvements for the Nation (WIEN)
Act. On behalf of our more than one million members and
supporters nationwide, DU has worked closely with Senator
Feinstein over the past two years to ensure that water and
water rights critical to California's wildlife refuges were
not diminished in California Drought Legislation. We believe
the drought provisions now included in the WIIN Act safeguard
existing water rights and take important steps toward
improving the distribution of water to wildlife refuges in
the Central Valley.
Water supply development takes a great toll on wetlands and
any new water supply legislation must not further exacerbate
this trend. The Central Valley Project Improvement Act
(CVPIA) was a critical step toward mitigating the
environmental damage caused by decades of large-scale water
development in California. A sustainable water future
requires diligent preservation of that mitigation program,
plus new innovations in water supply resilience.
Specifically, the bill protects water supplies for Central
Valley Project (CVP) wildlife refuges by including refuge
contractors in its water right provisions, and by expressly
protecting the Department of Interior's obligations under the
CVPIA. It authorizes an additional $10 million in funding
over five years to improve refuge water conveyance
infrastructure. Implementation of this bill would likely
increase the reliability of refuge water supplies delivered
by the Department of Interior through the Sacramento-San
Joaquin Delta. It also authorizes funding for water storage
projects that provide federal benefits, including wildlife
refuge benefits.
California annually hosts one of the greatest
concentrations of migratory waterfowl in North America,
serving as the wintering home to millions of waterfowl,
shorebirds and other wetland-dependent species. The majority
of migratory birds that frequent Alaska, Washington and
Oregon spend their winters in California, especially on
winter-flooded rice fields. Rice agriculture in California
plays a crucial role in fulfilling the annual life cycle
needs of numerous Pacific Flyway birds. These migratory
visitors provide countless hours of enjoyment to hunters and
birdwatchers throughout the Pacific Flyway. As a result,
migratory waterfowl are also an important economic driver
across the region, especially in California. Sportsmen,
including waterfowlers, contribute $3.5 billion annually to
California's economy. The birds of the Pacific Flyway are a
shared resource, requiring the stewardship of not only
California, but of all Western states, as well as Canada and
Mexico, as they migrate thousands of miles between their
breeding grounds and winter homes.
Please feel free to contact me with any questions regarding
our assessment of the California Drought provisions in the
WIIN Act and their importance to California's wildlife
refuges and the millions of birds in the Pacific Flyway that
visit these wetland habitats each year.
Sincerely,
H. Dale Hall,
Chief Executive Officer, Ducks Unlimited.
Mr. BISHOP of Utah. Mr. Speaker, I also would like to realize that
there are Native American water rights that have been included in this
bill in Montana, in Oklahoma, and in California, to the point that the
National Congress of American Indians has also endorsed this bill,
which I include in the Record.
December 7, 2016.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Harry Reid,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Paul D. Ryan,
Speaker of the House, House of Representatives,
Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, House of Representatives,
Washington, DC.
Re Support for S. 612--the Water Infrastructure Improvements
for the Nation Act
Dear Majority Leader McConnell, Speaker Ryan, Minority
Leader Reid, and Minority Leader Pelosi: On behalf of the
National Congress of American Indians (NCAI), the United
South and Eastern Tribes (USET) Sovereignty Protection Fund,
and the Inter Tribal Association of Arizona (ITAA), we write
to urge this Congress to pass S. 612--the Water
Infrastructure Improvements for the Nation Act (WIIN Act).
The WIIN Act contains many provisions that will benefit
Indian Country's water infrastructure, provide access to
clean drinking water and improvements to waste water systems,
settle several Tribal water rights claims, and provide parity
for Tribal Nations in water resources development projects.
First, S. 612 enhances the ability of Tribal Nations to
address water infrastructure projects that benefit their
citizens. Tide I of the Act amends Section 1156 of the Water
Resources Development Act making Tribes eligible for the cost
sharing waiver for water resources development projects, and
extends this waiver to Tribes for assistance with water
planning. Tribes can also request feasibility studies on
water resources development projects and enter into
partnerships and cooperative agreements with the Army Corps
of Engineers (Corps) regarding water resources data. Further,
Alaska Native Villages, Regional Corporations, and Village
Corporations will be able to enter into agreements to
construct water projects.
With the recent national focus on tribal concerns regarding
the infrastructure permitting process at the Corps, the WIIN
Act allows for a full review of the Corps' procedures. The
bill requires the Corps to conduct tribal consultations and
issue a report to Congress within 1 year on how its existing
policies, regulations, and guidance related to tribal
consultation on water resources development projects, or
activities requiring the issuance of a permit, many have an
impact on tribal cultural or natural resources.
Title I also repatriates the remains of the Ancient One
(Kennewick Man) back to the Tribes who have claimed him so he
can be respectfully treated and properly buried pursuant to
traditional practices. The Ancient One's repatriation is a
longstanding request from Indian Country and will put an end
to the disrespectful treatment of his ancestral remains and
allow for healing to begin.
Further, several sections of Title II of S. 612 allow
Tribal Nations to build technical capacity and self-
sufficiency in administering water programs and projects. The
legislation amends the Safe Drinking Water Act (SDWA) to
ensure the availability of funding for Tribal water and waste
water operator training and certification programs for Tribal
organizations and Tribal consortia, which already have
provided over 2,500 certifications to personnel employed by
approximately 115 Tribal Nations. It also creates a new
section in SDWA to provide assistance to small and
disadvantaged communities to prioritize projects in
consultation with Tribes, States, and local governments.
Additionally, S. 612 recognizes the outstanding maintenance
and repair needs for
[[Page H7496]]
existing water infrastructure projects in Indian Country.
Title III contains a provision on Indian dams, based on S.
2717--the DRIFT Act, which addresses the deferred maintenance
needs of Bureau of Indian Affairs dams, reforms the Corps'
Tribal Partnership Program to pay for feasibility studies for
flood mitigation and prevention in Indian Country, and
creates a Tribal Safety of Dams Committee. This Title also
provides for the much needed repair, replacement, and
maintenance of back logged Indian irrigation programs in the
west by creating an Indian Irrigation Fund at the Bureau of
Reclamation based on S. 438--the IRRIGATE Act.
The WIIN Act will also finalize water rights settlements
for the Pechanga Band of Luiseno Mission Indians, Blackfeet
Nation, the Choctaw Nation of Oklahoma and the Chickasaw
Nation, and amendment to the San Luis Rey Band of Mission
Indians' water settlement. Moreover, it takes land into trust
for the Tuolumne Band of Me-Wuk Indians, Tule River Indian
Tribe, and exchanges land for the Morongo Band of Mission
Indians. Finally, S. 612 contains a mechanism for the
Environmental Protection Agency to reimburse costs incurred
by Tribes, States, and local governments after the Gold King
Mine spill in August of 2015.
While these are just selected highlights from the
legislation, the WIIN Act takes great steps towards improving
water infrastructure programs and development in Indian
Country. NCAI, USET Sovereignty Protection Fund, and ITAA
strongly urge you to consider and pass S. 612 in the last
legislative days of the 114th Congress to resolve many
important water-related concerns of Tribal Nations. If you
have any questions, please contact Colby Duren, NCAI Staff
Attorney & Legislative Counsel.
Sincerely,
Brian Cladoosby,
President, National Congress of American Indians.
Kirk Francis,
President, United South and Eastern Tribes Sovereignty
Protection Fund.
Shan Lewis,
President, Inter Tribal Association of Arizona, Vice-
Chairman, Fort Mojave Indian Tribe.
Mr. BISHOP of Utah. Mr. Speaker, these things are important, but the
goal right here is to realize we are not after fear-mongering. We are
after ways we can actually help people. That is the goal. Help our
communities. That has to take place.
I am appreciative that the senior Senator from California, Dianne
Feinstein, a Democrat, as well as the majority leader in the House, Mr.
McCarthy, a Republican, have all agreed on this package.
We are the States where all of a sudden, in a bipartisan and
bicameral way, we have found a solution to move us forward. That is why
I am saying, when the answer is yes, let's take yes.
Vote ``yes'' on this provision, vote ``yes'' on this bill. It moves
us forward. It is not a solution that is perfect, but it moves us
forward in a way we haven't been able to do in the last decade.
Mr. Speaker, I yield back the balance of my time.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise in support of S. 612,
that reauthorizes the Water Resource Development Act. WRDA is once
again a bipartisan bill with broad support. This bill protects and
develops our communities and our waterways.
As one of many members who represent a major port, I know firsthand
that ports are enormous economic engines for growth.
The Port of Houston has allowed Houston and Harris County to be the
energy capital of the world. The jobs and economic growth, including
refining and manufacturing, associated with the Port are a driver for
the entire region.
This WRDA bill provides essential federal support for the Houston
Ship Channel dredging to 50 feet which will allow for larger, deeper
draft ships that will increase trade at America's second busiest port.
The bill also modernizes how partners can work with the Army Corps of
Engineers to develop projects for local and national benefit as we move
forward.
Additionally, flood control projects in this bill preserve our
communities that are facing increased hazards from record rainfall and
rising sea levels. The support for the Brays Bayou project will help
shield areas that have been devastated by deadly flooding earlier this
year.
I am proud to support a bipartisan bill that both supports our
economic development and protects our vulnerable communities.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of S. 612, the
``Water Infrastructure Improvement Act,'' as amended, which authorizes
variety of U.S. Army Corps of Engineers water resources development
projects, feasibility studies, and relationships with nonfederal
project sponsors.
I thank Chairman Shuster and Ranking Member DeFazio for their work in
shepherding this legislation to the floor and for their commitment to
addressing the needs of America's harbors, locks, dams, flood
protection, and other water resources infrastructure critical to the
nation's health, economic competitiveness and growth.
I am pleased that the bill before us provides authorization for
several water projects critical to my State of Texas:
1. Brazos River, Fort Bend County, Texas.--Project for flood damage
reduction in the vicinity of the Brazos River, Fort Bend County, Texas.
2. Chacon Creek, City of Laredo, Texas.--Project for flood damage
reduction, ecosystem restoration, and recreation, Chacon Creek, city of
Laredo, Texas.
3. Corpus Christi Ship Channel, Texas.--Project for navigation,
Corpus Christi Ship Channel, Texas.
4. City of El Paso, Texas.--Project for flood damage reduction, city
of El Paso, Texas.
5. 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.
6. Port of Bay City, Texas.--Project for navigation, Port of Bay
City, Texas.
Additionally, the bill includes changes to the Safe Drinking Water
Act and the Solid Waste Disposal Act to help communities, particularly
economically distressed ones, pursue better quality drinking water and
obtain certainty for protecting a community's economic, environmental,
and public health well-being in the following ways:
1. Empowers small and economically disadvantaged communities to
improve their drinking water services;
2. Equips communities with programs and activities to reduce
concentrations of lead in drinking water, including the replacement of
lead service lines;
3. Empowers states and provides flexibility to incorporate
underserved communities that have inadequate drinking water systems,
and aids smaller, lower-income communities, tribes, and states in water
quality testing and general compliance with Safe Drinking Water Act
requirements;
4. Benefits communities by requiring public water systems to notify
customers if the utility is exceeding federal drinking water lead
action levels, similar to H.R. 4470 which passed the House 416-2;
5. Creates a voluntary program for testing for lead in school and
childcare center drinking water;
6. Promotes transparency and accountability by creating a
clearinghouse of public information on the cost-effectiveness of
alternative drinking water delivery systems, including systems that are
supported by wells; and
7. Authorizes research on innovative water technologies, including
those that identify and mitigate sources of drinking water
contamination and improve compliance with the Safe Drinking Water Act.
Mr. Speaker, I am also very pleased that the bill before us addresses
the need of funding that Flint, Michigan has been experiencing,
authorizing $170,000,000 to be used to repair or replace private
infrastructure in communities that the President has declared to be in
an emergency.
For the past two years, Flint, Michigan has lived in a state of fear,
having to drink from bottles of filtered water in order to completely
avoid lead poisoning and contamination.
Citizens of Flint, Michigan had to abandon their homes and the
residents had to be compensated for their property as well as be
provided for regarding current and future health conditions that arise
from the contamination by polluted water.
Wired Magazine estimated that most of the corroded pipes in Flint--
20,000 to 25,000 in total--are one inch in diameter, and connect homes
to the larger, main pipes running under the middles of streets.
The project of replacing all lead pipes will need a city-wide lead
pipe map.
The water pipes are buried at a depth of 3.5 feet to put them below
the frost line, and will need to be extracted.
The Michigan's state report produced in September 2015 on replacing
all lead pipes in the city of Flint places the per-household cost at
between $2-8,000.
The report estimates that it would take fifteen year to completely
replace lead pipes at an estimated cost of $ 60 million.
Flint Mayor Karen Weaver announced that her goal would be to replace
13,000 lead pipes at a cost of $2-3,000 for each pipe for a total of
about $42 million.
No one knows the reality of undertaking a massive effort such as what
will be needed, so the cost could easily be much higher than estimates.
Flint cannot be another Katrina where the poor, people of color and
marginalized are shutout of jobs as well as the political and decision
making processes regarding their homes, neighborhoods or city.
Replacing the lead pipes of Flint, must include the cost of repairing
homes that will be
[[Page H7497]]
damaged to access the pipes; repaving driveways, or re-sodding lawns
that are dug up to get to pipes, and restoring sidewalks that are
damaged to access pipe.
These costs can easily put another $40-50 million in addition cost to
lead pipe replacement.
Further, the current and long term health effects on residents must
be addressed.
These massive costs that Flint will incur cannot be placed on the
shoulders of Michigan alone.
We will continue to work to help the people of Flint, Michigan in
order to restore them to health and bring them out of this crisis.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 949, the previous question is ordered on
the bill, as amended.
The question is on the third reading of the bill.
The bill was ordered to be read a third time, and was read the third
time.
{time} 1215
Motion to Recommit
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I have a motion to
recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. MICHAEL F. DOYLE of Pennsylvania. I am opposed to it in its
current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Michael F. Doyle of Pennsylvania moves to recommit the
bill S. 612 to the Committee on Energy and Commerce with
instructions to report the same back to the House forthwith,
with the following amendment:
In section 2113, in the matter proposed to be inserted into
section 1452(a) of the Safe Drinking Water Act as paragraph
(4)(a), strike ``During fiscal year 2017, funds'' and insert
''Funds''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania is recognized for 5 minutes in support of his motion.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, this is the final
amendment to the bill, which will not kill the bill or send it back to
committee. If adopted, the bill will immediately proceed to final
passage, as amended.
Mr. Speaker, I rise today in support of this motion to recommit in
order to significantly improve this bill by restoring the bipartisan
Buy American language that was inextricably stripped over the last 3
days.
The WIIN Act provides important funding for ports, harbors, and
waterways around the country. I think infrastructure issues like this
bill should be something we can all agree on. In fact, they have been
historically bipartisan.
Then again, I also think that support for hardworking Americans
should also be bipartisan. I was disappointed that my bipartisan
amendment, offered by myself and my good friend from North Carolina,
Representative Walter Jones, was rejected yesterday at the Rules
Committee by a party-line vote.
Our amendment would have made the Buy American provisions for EPA's
Drinking Water State Revolving Fund permanent, matching all other clean
water programs and all other Federal infrastructure programs. I want to
reemphasize that. Every other program, Federal infrastructure programs,
clean water programs, have permanent Buy American provisions.
So the question is: Why does this bill just have a 1-year provision?
If you don't think that sends a signal to China that 1 year from
today they can start dumping steel over in the United States and
undercutting our steel industry and our steelworkers, then you are not
living on the same planet that I am.
The Senate passed their bill, including language making the Buy
American requirement for the Drinking Water State Revolving Fund
permanent, with an overwhelming bipartisan vote, 95-3.
House Republican leadership, for some unexplained reason, replaced
this bipartisan Senate language with a 1-year extension at the last
minute. I don't understand why we would do this, why we would undercut
the American steel industry; but I believe that their actions send a
clear message to those folks in the steel mills around our country that
we don't have their back.
These hardworking Americans depend on manufacturing jobs to support
their families, and they have suffered because of Chinese steel dumped
in our markets. U.S. steel mills have closed. American steelworkers
have lost their jobs, and others have had their hours cut.
This is personal to me. My father supported our family working in a
steel mill, just like his father before him. They supported their
families through these tough, dangerous jobs, like millions around the
country. There is dignity in that work, and we need to make sure that
Congress doesn't kill that dignity, along with the kind of jobs
Americans can support a family on.
U.S. tax dollars should support American manufacturers and help
preserve hardworking families across this Nation. I think these workers
and their families deserve more certainty and more support.
President-elect Trump said just last week: ``We have two simple rules
when it comes to this massive rebuilding effort: Buy American and hire
American.''
Now, the President-elect and I may be from different parties, but we
certainly agree on that.
I have had Members from both sides of the aisle come up to me and say
that they support our amendment, and that they would vote for it on the
floor. Members on both sides of the aisle at Rules spoke in favor of
this amendment.
Well, we didn't get the vote we wanted out of the Rules Committee,
but, colleagues, this is our chance to send a message and tell the
American workers and American manufacturers that we have got their back
by passing this motion to recommit.
It just does one simple thing. It changes this 1-year provision to
permanent, just like the Senate bill that got sent down here and every
other infrastructure bill that we do in this country.
Colleagues, let's not send the signal to China that America is open
for them to dump their steel and put our companies and our workers out
of jobs. Let's tell American companies and American workers that this
Congress has their back.
Vote for this motion to recommit and let's stick up for the American
worker and our American manufacturers.
Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Pennsylvania is
recognized for 5 minutes.
Mr. SHUSTER. Mr. Speaker, I thank my good friend from western
Pennsylvania. I support Buy American provisions, and, of course, as he
mentioned, there is a 1-year provision in this. I just disagree--this
is not the process for doing this moving forward. I believe it will
kill the bill.
This is a good bill. It was carefully negotiated with our
counterparts in the Senate and both sides of the aisle. It represents a
lot of--months and months of hard work.
First, the bill will create jobs. It keeps American jobs in America
by strengthening or competitiveness and grows our economy, and it will
be including American steel in it.
Second, it is a fiscally responsible bill. We fully offset it. It
reduces a deficit by a half a billion dollars.
Finally, it reasserts congressional authority by restoring the 2-year
cycle of considering WRDA bills. It returns us to regular order,
preventing unelected bureaucrats from making decisions on our Nation's
water infrastructure.
So stopping the bill now, I don't think, is the right thing to do.
Let's pass it. Let's continue to work together to get strong, Buy
American provisions as we move forward, which is something I do
support. So I urge a ``no'' vote at this time.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, on that I demand
the yeas and nays.
[[Page H7498]]
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
order of the House today, further proceedings on this question will be
postponed.
____________________