[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.

                          ____________________