    [114th Congress Public Law 322]
    [From the U.S. Government Publishing Office]

    [[Page 1627]]

              WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT

    [[Page 130 STAT. 1628]]

    Public Law 114-322
    114th Congress

                                     An Act

      To provide for improvements to the rivers and harbors of the United
      States, to provide for the conservation and development of water and
    related resources, and for other purposes. <<NOTE: Dec. 16, 2016 -  [S.
                                     612]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Water
    Infrastructure Improvements for the Nation Act. 33 USC 2201 note.>>
    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.

    [[Page 130 STAT. 1629]]

    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.

    [[Page 130 STAT. 1630]]

    Sec. 1306. Essex River, Massachusetts.
    Sec. 1307. Port of Cascade Locks, Oregon.
    Sec. 1308. Central Delaware River, Philadelphia, Pennsylvania.
    Sec. 1309. Huntingdon County, Pennsylvania.
    Sec. 1310. Rivercenter, Philadelphia, Pennsylvania.
    Sec. 1311. Salt Creek, Graham, Texas.
    Sec. 1312. Texas City Ship Channel, Texas City, Texas.
    Sec. 1313. Stonington Harbour, Connecticut.
    Sec. 1314. Red River below Denison Dam, Texas, Oklahoma, Arkansas, and
               Louisiana.
    Sec. 1315. Green River and Barren River, Kentucky.
    Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri.
    Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation.
    Sec. 1318. Cameron County, Texas.
    Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
    Sec. 1320. Hamilton City, California.
    Sec. 1321. Conveyances.
    Sec. 1322. Expedited consideration.

                   Subtitle D--Water Resources Infrastructure

    Sec. 1401. Project authorizations.
    Sec. 1402. Special rules.

                      TITLE II--WATER AND WASTE ACT OF 2016

    Sec. 2001. Short title.
    Sec. 2002. Definition of Administrator.

                         Subtitle A--Safe Drinking Water

    Sec. 2101. Sense of Congress on appropriations levels.
    Sec. 2102. Preconstruction work.
    Sec. 2103. Administration of State loan funds.
    Sec. 2104. Assistance for small and disadvantaged communities.
    Sec. 2105. Reducing lead in drinking water.
    Sec. 2106. Notice to persons served.
    Sec. 2107. Lead testing in school and child care program drinking water.
    Sec. 2108. Water supply cost savings.
    Sec. 2109. Innovation in the provision of safe drinking water.
    Sec. 2110. Small system technical assistance.
    Sec. 2111. Definition of Indian Tribe.
    Sec. 2112. Technical assistance for tribal water systems.
    Sec. 2113. Materials requirement for certain Federally funded projects.

         Subtitle B--Drinking Water Disaster Relief and Infrastructure
                                   Investments

    Sec. 2201. Drinking water infrastructure.
    Sec. 2202. Sense of Congress.
    Sec. 2203. Registry for lead exposure and advisory committee.
    Sec. 2204. Other lead programs.

                Subtitle C--Control of Coal Combustion Residuals

    Sec. 2301. Approval of State programs for control of coal combustion
               residuals.

                          TITLE III--NATURAL RESOURCES

                          Subtitle A--Indian Dam Safety

    Sec. 3101. Indian dam safety.

     Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
                         Governments and Their Economies

    Sec. 3201. Definitions.

                         Part I--Indian Irrigation Fund

    Sec. 3211. Establishment.
    Sec. 3212. Deposits to fund.
    Sec. 3213. Expenditures from fund.
    Sec. 3214. Investments of amounts.
    Sec. 3215. Transfers of amounts.
    Sec. 3216. Termination.

        Part II--Repair, Replacement, and Maintenance of Certain Indian
                               Irrigation Projects

    Sec. 3221. Repair, replacement, and maintenance of certain indian
               irrigation projects.

    [[Page 130 STAT. 1631]]

    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.

    [[Page 130 STAT. 1632]]

    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. <<NOTE: Water Resources Development Act of 2016. 33 USC
                              2201 note.>>  SHORT TITLE.

        This title may be cited as the ``Water Resources Development Act of
    2016''.
    SEC. 1002. <<NOTE: 33 USC 2201 note.>>  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:

    [[Page 130 STAT. 1633]]

        ``(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. <<NOTE: 33 USC 2232 note.>>  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)--

    [[Page 130 STAT. 1634]]

                        (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. <<NOTE: 33 USC 2326d.>>  ALTERNATIVE PROJECTS TO
                              MAINTENANCE DREDGING.

        The Secretary may enter into agreements to assume the operation and
    maintenance costs of an alternative project to maintenance dredging for
    a Federal navigation channel if the costs of the operation and
    maintenance of the alternative project, and any remaining costs
    necessary for maintaining the Federal navigation channel, are less than
    the costs of maintaining such channel without the alternative project.
    SEC. 1107. GREAT LAKES NAVIGATION SYSTEM.

        Section 210(d)(1)(B) of the Water Resources Development Act of 1986
    (33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding clause (i)
    by striking ``For each of fiscal years 2015 through 2024'' and inserting
    ``For each fiscal year''.
    SEC. 1108. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

        Section 2101 of the Water Resources Reform and Development Act of
    2014 (33 U.S.C. 2238b) is amended--
                (1) in subsection (b)(1), in the matter preceding
            subparagraph (A), by striking ``The target total'' and inserting
            ``Except as provided in subsection (c), the target total'';
                (2) by redesignating subsection (c) as subsection (d); and
                (3) by inserting after subsection (b) the following:

        ``(c) Exception.--If the target total budget resources for a fiscal
    year described in subparagraphs (A) through (J) of subsection (b)(1) is
    lower than the target total budget resources for the previous fiscal
    year, the target total budget resources shall be adjusted to be equal to
    the lesser of--
                ``(1) 103 percent of the total budget resources appropriated
            for the previous fiscal year; or
                ``(2) 100 percent of the total amount of harbor maintenance
            taxes received in the previous fiscal year.''.
    SEC. 1109. <<NOTE: 33 USC 2238d.>>  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:

    [[Page 130 STAT. 1635]]

                ``(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)--

    [[Page 130 STAT. 1636]]

                        (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

    [[Page 130 STAT. 1637]]

                (3) in subparagraph (C) by striking ``45 feet'' and
            inserting ``50 feet''.
    SEC. 1112. <<NOTE: 33 USC 2238 note.>>  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. <<NOTE: 33 USC 2326e.>>  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--

    [[Page 130 STAT. 1638]]

                (1) improved reliability and safety for navigation; and
                (2) cost savings to the Federal Government.

        (g) Termination of Authority.--The authority of the Secretary under
    this section terminates on the date that is 10 years after the date of
    enactment of this Act.
    SEC. 1114. TRANSPORTATION COST SAVINGS.

        Section 210(e)(3) of the Water Resources Development Act of 1986 (33
    U.S.C. 2238(e)(3)) is amended--
                (1) by redesignating subparagraph (B) as subparagraph (C);
            and
                (2) by inserting after subparagraph (A) the following:
                        ``(B) Additional requirement.--In the first report
                    submitted under subparagraph (A) following the date of
                    enactment of the Water Resources Development Act of
                    2016, the Secretary shall identify, to the maximum
                    extent practicable, transportation cost savings realized
                    by achieving and maintaining the constructed width and
                    depth for the harbors and inland harbors referred to in
                    subsection (a)(2), on a project-by-project basis.''.
    SEC. 1115. RESERVOIR SEDIMENT.

        (a) In General.--Section 215 of the Water Resources Development Act
    of 2000 (33 U.S.C. 2326c) is amended to read as follows:
    ``SEC. 215. RESERVOIR SEDIMENT.

        ``(a) In General.--Not later than 180 days after the date of
    enactment of the Water Resources Development Act of 2016 and after
    providing public notice, the Secretary shall establish, using available
    funds, a pilot program to accept services provided by a non-Federal
    interest or commercial entity for removal of sediment captured behind a
    dam owned or operated by the United States and under the jurisdiction of
    the Secretary for the purpose of restoring the authorized storage
    capacity of the project concerned.
        ``(b) Requirements.--In carrying out this section, the Secretary
    shall--
                ``(1) review the services of the non-Federal interest or
            commercial entity to ensure that the services are consistent
            with the authorized purposes of the project concerned;
                ``(2) ensure that the non-Federal interest or commercial
            entity will indemnify the United States for, or has entered into
            an agreement approved by the Secretary to address, any adverse
            impact to the dam as a result of such services;
                ``(3) require the non-Federal interest or commercial entity,
            prior to initiating the services and upon completion of the
            services, to conduct sediment surveys to determine the pre- and
            post-services sediment profile and sediment quality; and
                ``(4) limit the number of dams for which services are
            accepted to 10.

        ``(c) Limitation.--
                ``(1) In general.--The Secretary may not accept services
            under subsection (a) if the Secretary, after consultation with
            the Chief of Engineers, determines that accepting the services
            is not advantageous to the United States.
                ``(2) Report to congress.--If the Secretary makes a
            determination under paragraph (1), the Secretary shall provide
            to the Committee on Transportation and Infrastructure of the
            House of Representatives and the Committee on Environment

    [[Page 130 STAT. 1639]]

            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

    [[Page 130 STAT. 1640]]

                (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. <<NOTE: 43 USC 390b-2.>>  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--

    [[Page 130 STAT. 1641]]

                (1) increasing the storage capacity of the project;
                (2) diversion of water released or withdrawn from the
            project--
                        (A) to recharge groundwater;
                        (B) to aquifer storage and recovery; or
                        (C) to any other storage facility;
                (3) construction of facilities for delivery of water from
            pumping stations constructed by the Secretary;
                (4) construction of facilities to access water; and
                (5) a combination of the activities described in paragraphs
            (1) through (4).

        (c) Exclusions.--This section shall not apply to a proposal that--
                (1) reallocates existing water supply or hydropower storage;
            or
                (2) reduces water available for any authorized project
            purpose.

        (d) Other Federal Projects.--In any case in which a proposal relates
    to a Federal project that is not operated by the Secretary, this section
    shall apply only to activities under the authority of the Secretary.
        (e) Review Process.--
                (1) Notice.--On receipt of a proposal submitted under
            subsection (a), the Secretary shall provide a copy of the
            proposal to each entity described in paragraph (2) and, if
            applicable, the Federal agency that operates the project, in the
            case of a project operated by an agency other than the
            Department of the Army.
                (2) Public participation.--In reviewing proposals submitted
            under subsection (a), and prior to making any decisions
            regarding a proposal, the Secretary shall comply with all
            applicable public participation requirements under law,
            including consultation with--
                        (A) affected States;
                        (B) power marketing administrations, in the case of
                    reservoirs with Federal hydropower projects;
                        (C) entities responsible for operation and
                    maintenance costs;
                        (D) any entity that has a contractual right from the
                    Federal Government or a State to withdraw water from, or
                    use storage at, the project;
                        (E) entities that the State determines hold rights
                    under State law to the use of water from the project;
                    and
                        (F) units of local government with flood risk
                    reduction responsibilities downstream of the project.

        (f) Authorities.--A proposal submitted to the Secretary under
    subsection (a) may be reviewed and approved, if applicable and
    appropriate, under--
                (1) the specific authorization for the water resources
            development project;
                (2) section 216 of the Flood Control Act of 1970 (33 U.S.C.
            549a);
                (3) section 301 of the Water Supply Act of 1958 (43 U.S.C.
            390b); and
                (4) section 14 of the Act of March 3, 1899 (30 Stat. 1152,
            chapter 425; 33 U.S.C. 408).

    [[Page 130 STAT. 1642]]

        (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.

    [[Page 130 STAT. 1643]]

        (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.

    [[Page 130 STAT. 1644]]

    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.

    [[Page 130 STAT. 1645]]

                        ``(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. <<NOTE: 33 USC 2326 note.>>  BENEFICIAL USE OF DREDGED
                              MATERIAL.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Secretary shall establish a pilot program to carry out
    projects for the beneficial use of dredged material, including projects
    for the purposes of--
                (1) reducing storm damage to property and infrastructure;
                (2) promoting public safety;
                (3) protecting, restoring, and creating aquatic ecosystem
            habitats;
                (4) stabilizing stream systems and enhancing shorelines;
                (5) promoting recreation;
                (6) supporting risk management adaptation strategies; and
                (7) reducing the costs of dredging and dredged material
            placement or disposal, such as projects that use dredged
            material for--
                        (A) construction or fill material;
                        (B) civic improvement objectives; and
                        (C) other innovative uses and placement alternatives
                    that produce public economic or environmental benefits.

        (b) Project Selection.--In carrying out the pilot program, the
    Secretary shall--
                (1) identify for inclusion in the pilot program and carry
            out 10 projects for the beneficial use of dredged material;
                (2) consult with relevant State agencies in selecting
            projects; and
                (3) select projects solely on the basis of--
                        (A) the environmental, economic, and social benefits
                    of the projects, including monetary and nonmonetary
                    benefits; and
                        (B) the need for a diversity of project types and
                    geographical project locations.

        (c) Regional Beneficial Use Teams.--
                (1) In general.--In carrying out the pilot program, the
            Secretary shall establish regional beneficial use teams to
            identify and assist in the implementation of projects under the
            pilot program.
                (2) Composition.--
                        (A) Leadership.--For each regional beneficial use
                    team established under paragraph (1), the Secretary
                    shall appoint the Commander of the relevant division of
                    the Corps of Engineers to serve as the head of the team.

    [[Page 130 STAT. 1646]]

                        (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.

    [[Page 130 STAT. 1647]]

        (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. <<NOTE: 33 USC 576c.>>  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

    [[Page 130 STAT. 1648]]

    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--

    [[Page 130 STAT. 1649]]

                              ``(i) the construction of the discrete segment
                          for which credit or reimbursement is requested is
                          complete; and
                              ``(ii) the construction is consistent with the
                          authorization of the applicable flood damage
                          reduction project, or separable element thereof,
                          and the plans approved under paragraph (1)(A)(i).
                        ``(C) Written agreement.--
                              ``(i) In general.--As part of the written
                          agreement required under paragraph (1)(A)(iii), a
                          non-Federal interest to be eligible for credit or
                          reimbursement under this paragraph shall--
                                        ``(I) identify any discrete segment
                                    that the non-Federal interest may carry
                                    out; and
                                        ``(II) agree to the completion of
                                    the flood damage reduction project, or
                                    separable element thereof, with respect
                                    to which the discrete segment is a part
                                    and establish a timeframe for such
                                    completion.
                              ``(ii) Remittance.--If a non-Federal interest
                          fails to complete a flood damage reduction
                          project, or separable element thereof, that it
                          agreed to complete under clause (i)(II), the non-
                          Federal interest shall remit any reimbursements
                          received under this paragraph for a discrete
                          segment of such project or separable element.
                        ``(D) Discrete segment defined.--In this paragraph,
                    the term `discrete segment' means a physical portion of
                    a flood damage reduction project, or separable element
                    thereof--
                              ``(i) described by a non-Federal interest in a
                          written agreement required under paragraph
                          (1)(A)(iii); and
                              ``(ii) that the non-Federal interest can
                          operate and maintain, independently and without
                          creating a hazard, in advance of final completion
                          of the flood damage reduction project, or
                          separable element thereof.''.
    SEC. 1128. MULTISTATE ACTIVITIES.

        Section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
    1962d-16) is amended--
                (1) in subsection (a)(1)--
                        (A) by striking ``or other non-Federal interest''
                    and inserting ``, group of States, or non-Federal
                    interest'';
                        (B) by inserting ``or group of States'' after
                    ``working with a State''; and
                        (C) by inserting ``or group of States'' after
                    ``boundaries of such State''; and
                (2) in subsection (c)(1) by adding at the end the following:
            ``The Secretary may allow 2 or more States to combine all or a
            portion of the funds that the Secretary makes available to the
            States in carrying out subsection (a)(1).''.
    SEC. 1129. PLANNING ASSISTANCE TO STATES.

        Section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
    1962d-16) is amended by adding at the end the following:
        ``(f) Special Rule.--The cost-share for assistance under this
    section provided to Indian tribes, the Commonwealth of Puerto

    [[Page 130 STAT. 1650]]

    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)--

    [[Page 130 STAT. 1651]]

                              (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'';

    [[Page 130 STAT. 1652]]

                                        (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)--

    [[Page 130 STAT. 1653]]

                        (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. <<NOTE: 33 USC 2282e.>>  POST-AUTHORIZATION CHANGE
                              REPORTS.

        (a) In General.--The completion of a post-authorization change
    report prepared by the Corps of Engineers for a water resources
    development project--
                (1) may not be delayed as a result of consideration being
            given to changes in policy or priority with respect to project
            consideration; and
                (2) shall be submitted, upon completion, to--
                        (A) the Committee on Environment and Public Works of
                    the Senate; and
                        (B) the Committee on Transportation and
                    Infrastructure of the House of Representatives.

        (b) Completion Review.--With respect to a post-authorization change
    report subject to review by the Secretary, the Secretary shall, not
    later than 120 days after the date of completion of such report--
                (1) review the report; and
                (2) provide to Congress any recommendations of the Secretary
            regarding modification of the applicable water resources
            development project.

        (c) Prior Reports.--Not later than 120 days after the date of
    enactment of this Act, with respect to any post-authorization change
    report that was completed prior to the date of enactment of this Act and
    is subject to a review by the Secretary that has

    [[Page 130 STAT. 1654]]

    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. <<NOTE: 33 USC 2326f.>>  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.

    [[Page 130 STAT. 1655]]

        ``(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

    [[Page 130 STAT. 1656]]

            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.

    [[Page 130 STAT. 1657]]

        (b) Project Administration.--Section 2041(b)(1) of the Water
    Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by
    inserting ``final post-authorization change report,'' after ``final
    reevaluation report,''.
    SEC. 1137. REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.

        Section 213(a) of the Water Resources Development Act of 1992
    (Public Law 102-580; 106 Stat. 4831) is amended by adding at the end the
    following:
                ``(4) Report on purchase of foreign manufactured articles.--
                        ``(A) In general.--In the first annual report
                    submitted to Congress after the date of enactment of
                    this paragraph in accordance with section 8 of the Act
                    of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C.
                    556), and section 925(b) of the Water Resources
                    Development Act of 1986 (33 U.S.C. 2295(b)), the
                    Secretary shall include a report on the amount of
                    acquisitions in the prior fiscal year made by the Corps
                    of Engineers for civil works projects from entities that
                    manufactured the articles, materials, or supplies
                    outside of the United States.
                        ``(B) Contents.--The report required under
                    subparagraph (A) shall indicate, for each category of
                    acquisition--
                              ``(i) the dollar value of articles, materials,
                          and supplies purchased that were manufactured
                          outside of the United States; and
                              ``(ii) a summary of the total procurement
                          funds spent on goods manufactured in the United
                          States and the total procurement funds spent on
                          goods manufactured outside of the United States.
                        ``(C) Public availability.--Not later than 30 days
                    after the submission of the report required under
                    subparagraph (A), the Secretary shall make such report
                    publicly available, including on the Internet.''.
    SEC. 1138. INTERNATIONAL OUTREACH PROGRAM.

        Section 401(a) of the Water Resources Development Act of 1992 (33
    U.S.C. 2329(a)) is amended to read as follows:
        ``(a) Authorization.--
                ``(1) In general.--The Secretary may engage in activities to
            inform the United States of technological innovations abroad
            that could significantly improve water resources development in
            the United States.
                ``(2) Inclusions.--Activities under paragraph (1) may
            include--
                        ``(A) development, monitoring, assessment, and
                    dissemination of information about foreign water
                    resources projects that could significantly improve
                    water resources development in the United States;
                        ``(B) research, development, training, and other
                    forms of technology transfer and exchange; and
                        ``(C) offering technical services that cannot be
                    readily obtained in the private sector to be
                    incorporated into water resources projects if the costs
                    for assistance will be recovered under the terms of each
                    project.''.

    [[Page 130 STAT. 1658]]

    SEC. 1139. <<NOTE: 33 USC 467n note.>>  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.

    [[Page 130 STAT. 1659]]

    SEC. 1144. <<NOTE: 33 USC 2341b.>>  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. <<NOTE: 33 USC 2331a.>>  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).

    [[Page 130 STAT. 1660]]

    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. <<NOTE: 33 USC 1223 note.>>  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

    [[Page 130 STAT. 1661]]

                (3) the measures are consistent with any recommendations
            made by the Commandant of the Coast Guard to ensure the safety
            of vessels operating in the channel and the safety of the
            passengers and crew aboard such vessels.

        (c) Covered Navigation Channel Defined.--In this section, the term
    ``covered navigation channel'' means a navigation channel that--
                (1) is federally marked or maintained;
                (2) is part of the Atlantic Intracoastal Waterway; and
                (3) is adjacent to a marina.

        (d) Savings Clause.--Nothing in this section shall be construed to
    relieve the master, pilot, or other person responsible for determining
    the speed of a vessel from the obligation to comply with the inland
    navigation regulations promulgated pursuant to section 3 of the Inland
    Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable
    laws or regulations governing the safe navigation of a vessel.
    SEC. 1150. <<NOTE: 33 USC 701s note.>>  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. <<NOTE: 33 USC 2353.>>  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

    [[Page 130 STAT. 1662]]

                (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.

    [[Page 130 STAT. 1663]]

    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

    [[Page 130 STAT. 1664]]

                    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--

    [[Page 130 STAT. 1665]]

                                        ``(I) the National Environmental
                                    Policy Act of 1969 (42 U.S.C. 4321 et
                                    seq.); and
                                        ``(II) parts 1500 through 1508 of
                                    title 40, Code of Federal Regulations
                                    (or successor regulations).
                ``(2) Reviews by secretary.--In any case in which the
            Secretary must approve an action under this section and under
            another authority, including sections 9 and 10 of this Act,
            section 404 of the Federal Water Pollution Control Act (33
            U.S.C. 1344), and section 103 of the Marine Protection,
            Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the
            Secretary shall--
                        ``(A) coordinate applicable reviews and, to the
                    maximum extent practicable, carry out the reviews
                    concurrently; and
                        ``(B) adopt and use any document prepared by the
                    Corps of Engineers for the purpose of complying with the
                    same law and that addresses the same types of impacts in
                    the same geographic area if such document, as determined
                    by the Secretary, is current and applicable.
                ``(3) Contributed funds.--The Secretary may accept and
            expend funds received from non-Federal public or private
            entities to evaluate under this section an alteration or
            permanent occupation or use of a work built by the United
            States.

        ``(c) Timely Review.--
                ``(1) Complete application.--On or before the date that is
            30 days after the date on which the Secretary receives an
            application for permission to take action affecting public
            projects pursuant to subsection (a), the Secretary shall inform
            the applicant whether the application is complete and, if it is
            not, what items are needed for the application to be complete.
                ``(2) Decision.--On or before the date that is 90 days after
            the date on which the Secretary receives a complete application
            for permission under subsection (a), the Secretary shall--
                        ``(A) make a decision on the application; or
                        ``(B) provide a schedule to the applicant
                    identifying when the Secretary will make a decision on
                    the application.
                ``(3) Notification to congress.--In any case in which a
            schedule provided under paragraph (2)(B) extends beyond 120 days
            from the date of receipt of a complete application, the
            Secretary shall provide to the Committee on Environment and
            Public Works of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives an
            explanation justifying the extended timeframe for review.''.

        (b) Guidance.--Section 1007 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 408a) is amended by adding at the end
    the following:
        ``(f) Guidance.--
                ``(1) In general.--Not later than 120 days after the date of
            enactment of this subsection, the Secretary shall issue guidance
            on the implementation of this section.
                ``(2) Incorporation.--In issuing guidance under paragraph
            (1), or any other regulation, guidance, or engineering circular
            related to activities covered under section 14 of the Act of
            March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408),

    [[Page 130 STAT. 1666]]

            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--

    [[Page 130 STAT. 1667]]

                (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. <<NOTE: 33 USC 701b-10.>>  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.--

    [[Page 130 STAT. 1668]]

                ``(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:

    [[Page 130 STAT. 1669]]

                ``(11) Effect.--Nothing in this subsection--
                        ``(A) requires the Secretary to undertake additional
                    mitigation for existing projects for which mitigation
                    has already been initiated, including the addition of
                    fish passage to an existing water resources development
                    project; or
                        ``(B) affects the mitigation responsibilities of the
                    Secretary under any other provision of law.''; and
                (2) by adding at the end the following:

        ``(j) Use of Funds.--
                ``(1) In general.--The Secretary, with the consent of the
            applicable non-Federal interest, may use funds made available
            for preconstruction engineering and design after authorization
            of project construction to satisfy mitigation requirements
            through third-party arrangements or to acquire interests in land
            necessary for meeting mitigation requirements under this
            section.
                ``(2) Notification.--Prior to the expenditure of any funds
            for a project pursuant to paragraph (1), the Secretary shall
            notify the Committee on Appropriations and the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Appropriations and the
            Committee on Environment and Public Works of the Senate.

        ``(k) Measures.--The Secretary shall consult with interested members
    of the public, the Director of the United States Fish and Wildlife
    Service, the Assistant Administrator for Fisheries of the National
    Oceanic and Atmospheric Administration, States, including State fish and
    game departments, and interested local governments to identify standard
    measures under subsection (h)(6)(C) that reflect the best available
    scientific information for evaluating habitat connectivity.''.
    SEC. 1163. WETLANDS MITIGATION.

        Section 2036(c) of the Water Resources Development Act of 2007 (33
    U.S.C. 2317b) is amended to read as follows:
        ``(c) Mitigation Banks and In-Lieu Fee Arrangements.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of the Water Resources Development Act of 2016, the
            Secretary shall issue implementation guidance that provides for
            the consideration in water resources development feasibility
            studies of the entire amount of potential in-kind credits
            available at mitigation banks approved by the Secretary and in-
            lieu fee programs with an approved service area that includes
            the location of the projected impacts of the water resources
            development project.
                ``(2) Requirements.--All potential mitigation bank and in-
            lieu fee credits that meet the criteria under paragraph (1)
            shall be considered a reasonable alternative for planning
            purposes if--
                        ``(A) the applicable mitigation bank--
                              ``(i) has an approved mitigation banking
                          instrument; and
                              ``(ii) has completed a functional analysis of
                          the potential credits using the approved Corps of
                          Engineers certified habitat assessment model
                          specific to the region; and

    [[Page 130 STAT. 1670]]

                        ``(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. <<NOTE: 33 USC 578a.>>  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''.

    [[Page 130 STAT. 1671]]

    SEC. 1168. <<NOTE: 33 USC 2330b.>>  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. <<NOTE: 33 USC 2354.>>  EASEMENTS FOR ELECTRIC,
                              TELEPHONE, OR BROADBAND SERVICE
                              FACILITIES.

        (a) Definition of Water Resources Development Project.--In this
    section, the term ``water resources development

    [[Page 130 STAT. 1672]]

    project'' means a project under the administrative jurisdiction of the
    Corps of Engineers that is subject to part 327 of title 36, Code of
    Federal Regulations (or successor regulations).
        (b) No Consideration for Easements.--The Secretary may not collect
    consideration for an easement across water resources development project
    land for the electric, telephone, or broadband service facilities of
    nonprofit organizations eligible for financing under the Rural
    Electrification Act of 1936 (7 U.S.C. 901 et seq.).
        (c) Administrative Expenses.--Nothing in this section affects the
    authority of the Secretary under section 2695 of title 10, United States
    Code, or under section 9701 of title 31, United State Code, to collect
    funds to cover reasonable administrative expenses incurred by the
    Secretary.
    SEC. 1173. STUDY ON PERFORMANCE OF INNOVATIVE MATERIALS.

        (a) Innovative Material Defined.--In this section, the term
    ``innovative material'', with respect to a water resources development
    project, includes high performance concrete formulations, geosynthetic
    materials, advanced alloys and metals, reinforced polymer composites,
    including any coatings or other corrosion prevention methods used in
    conjunction with such materials, and any other material, as determined
    by the Secretary.
        (b) Study.--
                (1) In general.--The Secretary shall offer to enter into a
            contract with the Transportation Research Board of the National
            Academy of Sciences--
                        (A) to develop a proposal to study the use and
                    performance of innovative materials in water resources
                    development projects carried out by the Corps of
                    Engineers; and
                        (B) after the opportunity for public comment
                    provided in accordance with subsection (c), to carry out
                    the study proposed under subparagraph (A).
                (2) Contents.--The study under paragraph (1) shall
            identify--
                        (A) the conditions that result in degradation of
                    water resources infrastructure;
                        (B) the capabilities of innovative materials in
                    reducing degradation;
                        (C) any statutory, fiscal, regulatory, or other
                    barriers to the expanded successful use of innovative
                    materials;
                        (D) recommendations on including performance-based
                    requirements for the incorporation of innovative
                    materials into the Unified Facilities Guide
                    Specifications;
                        (E) recommendations on how greater use of innovative
                    materials could increase performance of an asset of the
                    Corps of Engineers in relation to extended service life;
                        (F) additional ways in which greater use of
                    innovative materials could empower the Corps of
                    Engineers to accomplish the goals of the Strategic Plan
                    for Civil Works of the Corps of Engineers; and
                        (G) recommendations on any further research needed
                    to improve the capabilities of innovative materials in
                    achieving extended service life and reduced maintenance
                    costs in water resources development infrastructure.

        (c) Public Comment.--After developing the study proposal under
    subsection (b)(1)(A) and before carrying out the study under

    [[Page 130 STAT. 1673]]

    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. <<NOTE: 33 USC 708 note.>>  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

    [[Page 130 STAT. 1674]]

                ``(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. <<NOTE: 33 USC 467f-2 note.>>  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

    [[Page 130 STAT. 1675]]

            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.

    [[Page 130 STAT. 1676]]

                (2) Upper missouri river basin pilot program.--The Secretary
            shall carry out a pilot program for the development and
            implementation of sediment management plans for reservoirs owned
            and operated by the Secretary in the Upper Missouri River Basin,
            on request by project beneficiaries.
                (3) Plan elements.--A sediment management plan under
            paragraph (2) shall--
                        (A) provide opportunities for project beneficiaries
                    and other stakeholders to participate in sediment
                    management decisions;
                        (B) evaluate the volume of sediment in a reservoir
                    and impacts on storage capacity;
                        (C) identify preliminary sediment management
                    options, including sediment dikes and dredging;
                        (D) identify constraints;
                        (E) assess technical feasibility, economic
                    justification, and environmental impacts;
                        (F) identify beneficial uses for sediment; and
                        (G) to the maximum extent practicable, use, develop,
                    and demonstrate innovative, cost-saving technologies,
                    including structural and nonstructural technologies and
                    designs, to manage sediment.
                (4) Cost share.--The beneficiaries requesting a sediment
            management plan shall share in the cost of development and
            implementation of the plan and such cost shall be allocated
            among the beneficiaries in accordance with the benefits to be
            received.
                (5) Contributed funds.--The Secretary may accept funds from
            non-Federal interests and other Federal agencies to develop and
            implement a sediment management plan under this subsection.
                (6) Guidance.--The Secretary shall use the knowledge gained
            through the development and implementation of sediment
            management plans under paragraph (2) to develop guidance for
            sediment management at other reservoirs.
                (7) Partnership with secretary of the interior.--
                        (A) In general.--The Secretary shall carry out the
                    pilot program established under this subsection in
                    partnership with the Secretary of the Interior, and the
                    program may apply to reservoirs managed or owned by the
                    Bureau of Reclamation on execution of a memorandum of
                    agreement between the Secretary and the Secretary of the
                    Interior establishing the framework for a partnership
                    and the terms and conditions for sharing expertise and
                    resources.
                        (B) Lead agency.--The Secretary that has primary
                    jurisdiction over a reservoir shall take the lead in
                    developing and implementing a sediment management plan
                    for that reservoir.
                (8) Other authorities not affected.--Nothing in this
            subsection affects sediment management or the share of costs
            paid by Federal and non-Federal interests relating to sediment
            management under any other provision of law (including
            regulations).

        (b) Snowpack and Drought Monitoring.--Section 4003(a) of the Water
    Resources Reform and Development Act of 2014 (Public

    [[Page 130 STAT. 1677]]

    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)--

    [[Page 130 STAT. 1678]]

                        (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.

    [[Page 130 STAT. 1679]]

                (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. <<NOTE: 33 USC 2289a.>>  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).

    [[Page 130 STAT. 1680]]

                (2) Contents.--The report under paragraph (1) shall include,
            at a minimum, the following:
                        (A) A description of guidance or instructions
                    issued, and other measures taken, by the Secretary and
                    the Chief of Engineers to implement subsection (b).
                        (B) An assessment of the costs, benefits, impacts,
                    and trade-offs associated with measures recommended by
                    the Secretary for coastal risk reduction and the
                    effectiveness of those measures.
                        (C) A description of any statutory, fiscal, or
                    regulatory barriers to the appropriate consideration and
                    use of a full array of measures for coastal risk
                    reduction.
    SEC. 1185. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.

        (a) In General.--Notwithstanding any other provision of law, the
    Secretary--
                (1) shall include a 60-day public comment period for the
            Table Rock Lake Master Plan and Table Rock Lake Shoreline
            Management Plan revision; and
                (2) shall finalize the revision for the Table Rock Lake
            Master Plan and Table Rock Lake Shoreline Management Plan during
            the 2-year period beginning on the date of enactment of this
            Act.

        (b) Shoreline Use Permits.--During the period described in
    subsection (a)(2), the Secretary shall lift or suspend the moratorium on
    the issuance of new, and modifications to existing, shoreline use
    permits based on the existing Table Rock Lake Master Plan and Table Rock
    Lake Shoreline Management Plan.
        (c) Oversight Committee.--
                (1) In general.--Not later than 120 days after the date of
            enactment of this Act, the Secretary shall establish an
            oversight committee (referred to in this subsection as the
            ``Committee'').
                (2) Purposes.--The purposes of the Committee shall be--
                        (A) to review any permit to be issued under the
                    existing Table Rock Lake Master Plan at the
                    recommendation of the District Engineer; and
                        (B) to advise the District Engineer on revisions to
                    the new Table Rock Lake Master Plan and Table Rock Lake
                    Shoreline Management Plan.
                (3) Membership.--The membership of the Committee shall not
            exceed 6 members and shall include--
                        (A) not more than 1 representative each from the
                    State of Missouri and the State of Arkansas;
                        (B) not more than 1 representative each from local
                    economic development organizations with jurisdiction
                    over Table Rock Lake; and
                        (C) not more than 1 representative each representing
                    the boating and conservation interests of Table Rock
                    Lake.
                (4) Study.--The Secretary shall--
                        (A) carry out a study on the need to revise permit
                    fees relating to Table Rock Lake to better reflect the
                    cost of issuing those permits and achieve cost savings;
                        (B) submit to Congress a report on the results of
                    the study described in subparagraph (A); and

    [[Page 130 STAT. 1681]]

                        (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. <<NOTE: 33 USC 1344 note.>>  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).

    [[Page 130 STAT. 1682]]

                               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.

    [[Page 130 STAT. 1683]]

                (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.

    [[Page 130 STAT. 1684]]

                (3) Prioritization to address significant risks.--In any
            case in which a levee or levee system (as defined in section
            9002 of the Water Resources Development Act of 2007 (33 U.S.C.
            3301)) is classified as Class I or II under the levee safety
            action classification tool developed by the Corps of Engineers,
            the Secretary shall expedite the project for budget
            consideration.

        (b) Cincinnati, Ohio.--
                (1) Review.--The Secretary shall review the Central
            Riverfront Park Master Plan, dated December 1999, and the Ohio
            Riverfront Study, Cincinnati, Ohio, dated August 2002, to
            determine the feasibility of carrying out flood risk reduction,
            ecosystem restoration, and recreation components beyond the
            ecosystem restoration and recreation components that were
            undertaken pursuant to section 5116 of the Water Resources
            Development Act of 2007 (Public Law 110-114; 121 Stat. 1238) as
            a second phase of that project.
                (2) Authorization.--The project authorized under section
            5116 of the Water Resources Development Act of 2007 (Public Law
            110-114; 121 Stat. 1238) is modified to authorize the Secretary
            to undertake the additional flood risk reduction and ecosystem
            restoration components described in paragraph (1), at a total
            cost of $30,000,000, if the Secretary determines that the
            additional flood risk reduction, ecosystem restoration, and
            recreation components, considered together, are feasible.

        (c) Arctic Deep Draft Port Development Partnerships.--Section 2105
    of the Water Resources Reform and Development Act of 2014 (33 U.S.C.
    2243) is amended--
                (1) by striking ``(25 U.S.C. 450b))'' each place it appears
            and inserting ``(25 U.S.C. 5304)) and a Native village, Regional
            Corporation, or Village Corporation (as those terms are defined
            in section 3 of the Alaska Native Claims Settlement Act (43
            U.S.C. 1602)'';
                (2) in subsection (d) by striking ``the Secretary of
            Homeland Security'' and inserting ``the Secretary of the
            department in which the Coast Guard is operating''; and
                (3) by adding at the end the following:

        ``(e) Consideration of National Security Interests.--In carrying out
    a study of the feasibility of an Arctic deep draft port, the Secretary--
                ``(1) shall consult with the Secretary of the department in
            which the Coast Guard is operating to identify benefits in
            carrying out the missions specified in section 888 of the
            Homeland Security Act of 2002 (6 U.S.C. 468) associated with an
            Arctic deep draft port;
                ``(2) shall consult with the Secretary of Defense to
            identify national security benefits associated with an Arctic
            deep draft port; and
                ``(3) may consider such benefits in determining whether an
            Arctic deep draft port is feasible.''.

        (d) Mississippi River Ship Channel, Gulf to Baton Rouge,
    Louisiana.--The Secretary shall conduct a study to determine the
    feasibility of modifying the project for navigation, Mississippi River
    Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by section
    201(a) of the Harbor Development and Navigation Improvement Act of 1986
    (Public Law 99-662; 100 Stat. 4090), to deepen the channel approaches
    and the associated area on the left descending

    [[Page 130 STAT. 1685]]

    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.

    [[Page 130 STAT. 1686]]

    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. <<NOTE: 33 USC 579d.>>  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;

    [[Page 130 STAT. 1687]]

                        (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

    [[Page 130 STAT. 1688]]

                    by section 902 of the Water Resources Development Act of
                    1986 (33 U.S.C. 2280), as applied to the most recent
                    project schedule and cost estimate.
                (3) Identification of projects.--
                        (A) Sequencing of projects.--
                              (i) In general.--The Secretary shall identify
                          projects and separable elements of projects for
                          inclusion on the proposed final deauthorization
                          list according to the order in which the projects
                          and separable elements of the projects were
                          authorized, beginning with the earliest authorized
                          projects and separable elements of projects and
                          ending with the latest project or separable
                          element of a project necessary to meet the
                          aggregate amount under paragraph (2)(A).
                              (ii) Factors to consider.--The Secretary may
                          identify projects and separable elements of
                          projects in an order other than that established
                          by clause (i) if the Secretary determines, on a
                          case-by-case basis, that a project or separable
                          element of a project is critical for interests of
                          the United States, based on the possible impact of
                          the project or separable element of the project on
                          public health and safety, the national economy, or
                          the environment.
                              (iii) Consideration of public comments.--In
                          making determinations under clause (ii), the
                          Secretary shall consider any comments received
                          under subsection (b)(2).
                        (B) Appendix.--The Secretary shall include as part
                    of the proposed final deauthorization list an appendix
                    that--
                              (i) identifies each project or separable
                          element of a project on the interim
                          deauthorization list developed under subsection
                          (b) that is not included on the proposed final
                          deauthorization list; and
                              (ii) describes the reasons why the project or
                          separable element is not included on the proposed
                          final list.
                (4) Public comment and consultation.--
                        (A) In general.--The Secretary shall solicit
                    comments from the public and the Governor of each
                    applicable State on the proposed final deauthorization
                    list and appendix developed under paragraphs (2) and
                    (3).
                        (B) Comment period.--The public comment period shall
                    be 90 days.
                (5) Submission of final list to congress; publication.--Not
            later than 120 days after the date of the close of the comment
            period under paragraph (4), the Secretary shall--
                        (A) submit a final deauthorization list and an
                    appendix to the final deauthorization list in a report
                    to the Committee on Environment and Public Works of the
                    Senate and the Committee on Transportation and
                    Infrastructure of the House of Representatives; and
                        (B) publish the final deauthorization list and the
                    appendix to the final deauthorization list in the
                    Federal Register.

        (d) Deauthorization; Congressional Review.--

    [[Page 130 STAT. 1689]]

                (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

    [[Page 130 STAT. 1690]]

            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. <<NOTE: 33 USC 579c-1.>>  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,

    [[Page 130 STAT. 1691]]

            authorized by section 101(b) of the Water Resources Development
            Act of 1990 (Public Law 101-640; 104 Stat. 4611); and
                (2) integrate and incorporate into the project seasonal
            operations for water conservation and water supply.

        (b) Participation.--The update referred to in subsection (a) shall
    be done in coordination with all appropriate Federal agencies, elected
    officials, and members of the public.
    SEC. 1305. SUTTER BASIN, CALIFORNIA.

        (a) In General.--The separable element constituting the locally
    preferred plan increment reflected in the report of the Chief of
    Engineers dated March 12, 2014, and authorized for construction in item
    8 of the table contained in section 7002(2) of the Water Resources
    Reform and Development Act of 2014 (Public Law 113-121; 128 Stat. 1366)
    is no longer authorized beginning on the date of enactment of this Act.
        (b) Savings Provisions.--The deauthorization under subsection (a)
    does not affect--
                (1) the national economic development plan separable element
            reflected in the report of the Chief of Engineers dated March
            12, 2014, and authorized for construction in item 8 of the table
            contained in section 7002(2) of the Water Resources Reform and
            Development Act of 2014 (Public Law 113-121; 128 Stat. 1366); or
                (2) previous authorizations providing for the Sacramento
            River and major and minor tributaries project, including--
                        (A) section 2 of the Act of March 1, 1917 (39 Stat.
                    949, chapter 144);
                        (B) section 10 of the Act of December 22, 1944 (58
                    Stat. 900, chapter 665);
                        (C) section 204 of the Flood Control Act of 1950 (64
                    Stat. 177, chapter 188); and
                        (D) any other Acts relating to the authorization for
                    the Sacramento River and major and minor tributaries
                    project along the Feather River right bank between levee
                    stationing 1483+33 and levee stationing 2368+00.
    SEC. 1306. ESSEX RIVER, MASSACHUSETTS.

        (a) Deauthorization.--The portions of the project for navigation,
    Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27
    Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30
    Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073,
    chapter 2509), that do not lie within the areas described in subsection
    (b) are no longer authorized beginning on the date of enactment of this
    Act.
        (b) Description of Project Areas.--The areas described in this
    subsection are as follows: Beginning at a point N3056139.82 E851780.21,
    thence southwesterly about 156.88 feet to a point N3055997.75
    E851713.67; thence southwesterly about 64.59 feet to a point N3055959.37
    E851661.72; thence southwesterly about 145.14 feet to a point
    N3055887.10 E851535.85; thence southwesterly about 204.91 feet to a
    point N3055855.12 E851333.45; thence northwesterly about 423.50 feet to
    a point N3055976.70 E850927.78; thence northwesterly about 58.77 feet to
    a point N3056002.99 E850875.21; thence northwesterly about 240.57 feet
    to a point N3056232.82 E850804.14; thence northwesterly about 203.60
    feet to a point N3056435.41 E850783.93; thence northwesterly about 78.63
    feet to a point N3056499.63 E850738.56; thence northwesterly

    [[Page 130 STAT. 1692]]

    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.--

    [[Page 130 STAT. 1693]]

                (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. <<NOTE: 33 USC 5911.>>  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

    [[Page 130 STAT. 1694]]

    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

    [[Page 130 STAT. 1695]]

            top of the Texas City Dike along the east side of Bay Street
            bears North 49 13' 20'' West, a distance of 6,693.64 feet.
                (2) Thence, over and across said State Tracts 98A and 99A
            and along the edge of fill along said Galveston Bay, the
            following 8 courses and distances:
                        (A) South 75 49' 13'' East, a distance of 298.08
                    feet to an angle point of the tract herein described.
                        (B) South 81 16' 26'' East, a distance of 170.58
                    feet to an angle point of the tract herein described.
                        (C) South 79 20' 31'' East, a distance of 802.34
                    feet to an angle point of the tract herein described.
                        (D) South 75 57' 32'' East, a distance of 869.68
                    feet to a point for the beginning of a non-tangent curve
                    to the right.
                        (E) Easterly along said non-tangent curve to the
                    right having a radius of 736.80 feet, a central angle of
                    24 55' 59'', a chord of South 68 47' 35'' East -
                    318.10 feet, and an arc length of 320.63 feet to a point
                    for the beginning of a non-tangent curve to the left.
                        (F) Easterly along said non-tangent curve to the
                    left having a radius of 373.30 feet, a central angle of
                    31 57' 42'', a chord of South 66 10' 42'' East -
                    205.55 feet, and an arc length of 208.24 feet to a point
                    for the beginning of a non-tangent curve to the right.
                        (G) Easterly along said non-tangent curve to the
                    right having a radius of 15,450.89 feet, a central angle
                    of 02 04' 10'', a chord of South 81 56' 20'' East -
                    558.04 feet, and an arc length of 558.07 feet to a point
                    for the beginning of a compound curve to the right and
                    the northeasterly corner of the tract herein described.
                        (H) Southerly along said compound curve to the right
                    and the easterly line of the tract herein described,
                    having a radius of 1,425.00 feet, a central angle of
                    133 08' 00'', a chord of South 14 20' 15'' East -
                    2,614.94 feet, and an arc length of 3,311.15 feet to a
                    point on a line lying 125.00 feet northerly of and
                    parallel with the centerline of an existing levee for
                    the southeasterly corner of the tract herein described.
                (3) Thence, continuing over and across said State Tracts 98A
            and 99A and along lines lying 125.00 feet northerly of,
            parallel, and concentric with the centerline of said existing
            levee, the following 12 courses and distances:
                        (A) North 78 01' 58'' West, a distance of 840.90
                    feet to an angle point of the tract herein described.
                        (B) North 76 58' 35'' West, a distance of 976.66
                    feet to an angle point of the tract herein described.
                        (C) North 76 44' 33'' West, a distance of 1,757.03
                    feet to a point for the beginning of a tangent curve to
                    the left.
                        (D) Southwesterly, along said tangent curve to the
                    left having a radius of 185.00 feet, a central angle of
                    82 27' 32'', a chord of South 62 01' 41'' West -
                    243.86 feet, and an arc length of 266.25 feet to a point
                    for the beginning of a compound curve to the left.
                        (E) Southerly, along said compound curve to the left
                    having a radius of 4,535.58 feet, a central angle of 11
                    06' 58'', a chord of South 15 14' 26'' West - 878.59
                    feet,

    [[Page 130 STAT. 1696]]

                    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.

    [[Page 130 STAT. 1697]]

                        (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.

    [[Page 130 STAT. 1698]]

                        (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

    [[Page 130 STAT. 1699]]

            River Lock and Dam 4, located in Butler County, Kentucky,
            together with any improvements on the land.
                (3) Green river lock and dam 5.--The Secretary shall convey
            to the State of Kentucky, a political subdivision of the State
            of Kentucky, or a nonprofit, nongovernmental organization all
            right, title, and interest of the United States in and to the
            land associated with Green River Lock and Dam 5, located in
            Edmonson County, Kentucky, together with any improvements on the
            land, for the purposes of--
                        (A) removing Lock and Dam 5 from the river at the
                    earliest feasible time; and
                        (B) making the land available for conservation and
                    public recreation, including river access.
                (4) Green river lock and dam 6.--
                        (A) In general.--The Secretary shall transfer to the
                    Secretary of the Interior administrative jurisdiction
                    over the portion of the land associated with Green River
                    Lock and Dam 6, Edmonson County, Kentucky, that is
                    located on the left descending bank of the Green River,
                    together with any improvements on the land, for
                    inclusion in Mammoth Cave National Park.
                        (B) Transfer to the state of kentucky.--The
                    Secretary shall convey to the State of Kentucky all
                    right, title, and interest of the United States in and
                    to the portion of the land associated with Green River
                    Lock and Dam 6, Edmonson County, Kentucky, that is
                    located on the right descending bank of the Green River,
                    together with any improvements on the land, for use by
                    the Department of Fish and Wildlife Resources of the
                    State of Kentucky for the purposes of--
                              (i) removing Lock and Dam 6 from the river at
                          the earliest feasible time; and
                              (ii) making the land available for
                          conservation and public recreation, including
                          river access.
                (5) Barren river lock and dam 1.--The Secretary shall convey
            to the State of Kentucky, all right, title, and interest of the
            United States in and to the land associated with Barren River
            Lock and Dam 1, located in Warren County, Kentucky, together
            with any improvements on the land, for use by the Department of
            Fish and Wildlife Resources of the State of Kentucky for the
            purposes of--
                        (A) removing Lock and Dam 1 from the river at the
                    earliest feasible time; and
                        (B) making the land available for conservation and
                    public recreation, including river access.

        (c) Conditions.--
                (1) In general.--The exact acreage and legal description of
            any land to be disposed of, transferred, or conveyed under this
            section shall be determined by a survey satisfactory to the
            Secretary.
                (2) Quitclaim deed.--A conveyance under paragraph (1), (2),
            (4), or (5) of subsection (b) shall be accomplished by quitclaim
            deed and without consideration.
                (3) Administrative costs.--The Secretary shall be
            responsible for all administrative costs associated with a
            transfer or conveyance under this section, including the costs
            of a survey carried out under paragraph (1).

    [[Page 130 STAT. 1700]]

                (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

    [[Page 130 STAT. 1701]]

                (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

    [[Page 130 STAT. 1702]]

            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

    [[Page 130 STAT. 1703]]

            U.S. Army Corps of Engineers as required for the existing
            project known as Brazos Island Harbor, plus 5.0 feet.
                (10) Tract No. 122E: Being 31.4 Acres as conveyed by the
            Brownsville Navigation District of Cameron County, Texas, to the
            United States of America by instrument dated December 11, 1963
            and recorded at Volume 756, page 393 in the Deed Records of
            Cameron County, Texas, to be released and abandoned in its
            entirety, save and except approximately 4.18 Acres in Share 31
            of the Espiritu Santo Grant in Cameron County, Texas, and
            further save and except approximately 2.04 Acres in Share 7 of
            the San Martin Grant in Cameron County, Texas, being portions of
            the area designated by the U.S. Army Corps of Engineers as
            required for the current project known as Brazos Island Harbor,
            plus 5.0 feet.
    SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH
                              CAROLINA.

        (a) Definitions.--In this section, the following definitions apply:
                (1) New savannah bluff lock and dam.--The term ``New
            Savannah Bluff Lock and Dam'' means--
                        (A) the lock and dam at New Savannah Bluff, Savannah
                    River, Georgia and South Carolina; and
                        (B) the appurtenant features to the lock and dam,
                    including--
                              (i) the adjacent approximately 50-acre park
                          and recreation area with improvements made under
                          the project for navigation, Savannah River below
                          Augusta, Georgia, authorized by the first section
                          of the Act of July 3, 1930 (46 Stat. 924), and the
                          first section of the Act of August 30, 1935 (49
                          Stat. 1032); and
                              (ii) other land that is part of the project
                          and that the Secretary determines to be
                          appropriate for conveyance under this section.
                (2) Project.--The term ``Project'' means the project for
            navigation, Savannah Harbor expansion, Georgia, authorized by
            section 7002(1) of the Water Resources Reform and Development
            Act of 2014 (Public Law 113-121; 128 Stat. 1364).

        (b) Deauthorization.--
                (1) In general.--Effective beginning on the date of
            enactment of this Act--
                        (A) the New Savannah Bluff Lock and Dam is
                    deauthorized; and
                        (B) notwithstanding section 348(l)(2)(B) of the
                    Water Resources Development Act of 2000 (Public Law 106-
                    541; 114 Stat. 2630; 114 Stat. 2763A-228) (as in effect
                    on the day before the date of enactment of this Act) or
                    any other provision of law, the New Savannah Bluff Lock
                    and Dam shall not be conveyed to the city of North
                    Augusta and Aiken County, South Carolina, or any other
                    non-Federal entity.
                (2) Repeal.--Section 348 of the Water Resources Development
            Act of 2000 (Public Law 106-541; 114 Stat. 2630; 114 Stat.
            2763A-228) is amended--
                        (A) by striking subsection (l); and
                        (B) by redesignating subsections (m) and (n) as
                    subsections (l) and (m), respectively.

    [[Page 130 STAT. 1704]]

        (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

    [[Page 130 STAT. 1705]]

                              (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

    [[Page 130 STAT. 1706]]

                        (B) amends, modifies, or repeals any authority of
                    the Secretary or the Chief of Engineers pursuant to
                    section 7 of the Act of December 22, 1944 (33 U.S.C.
                    709).

        (d) Joe Pool Lake, Texas.--The Secretary shall accept from the
    Trinity River Authority of Texas, if received on or before December 31,
    2016, $31,344,841 as payment in full of amounts owed to the United
    States, including any accrued interest, for the approximately 61,747.1
    acre-feet of water supply storage space in Joe Pool Lake, Texas
    (previously known as Lakeview Lake), for which payment has not commenced
    under Article 5.a (relating to project investment costs) of contract
    number DACW63-76-C-0106 as of the date of enactment of this Act.
    SEC. 1322. EXPEDITED CONSIDERATION.

        (a) In General.--Section 1011 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2341a) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)(C) by inserting ``restore or''
                    before ``prevent the loss''; and
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``the date of enactment of this Act''
                          and inserting ``the date of enactment of the Water
                          Resources Development Act of 2016''; and
                              (ii) in subparagraph (A)(ii) by striking
                          ``that--'' and all that follows through ``limited
                          reevaluation report''; and
                (2) in subsection (b)--
                        (A) in paragraph (1) by redesignating subparagraphs
                    (A) through (C) as clauses (i) through (iii),
                    respectively, and indenting appropriately;
                        (B) by redesignating paragraphs (1) and (2) as
                    subparagraphs (A) and (B), respectively, and indenting
                    appropriately;
                        (C) in the matter preceding subparagraph (A) (as so
                    redesignated) by striking ``For'' and inserting the
                    following:
                ``(1) In general.--For''; and
                        (D) by adding at the end the following:
                ``(2) Expedited consideration of currently authorized
            programmatic authorities.--Not later than 180 days after the
            date of enactment of the Water Resources Development Act of
            2016, the Secretary shall submit to the Committee on Environment
            and Public Works of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a report that contains--
                        ``(A) a list of all programmatic authorities for
                    aquatic ecosystem restoration or improvement of the
                    environment that--
                              ``(i) were authorized or modified in the Water
                          Resources Development Act of 2007 (Public Law 110-
                          114; 121 Stat. 1041) or any subsequent Act; and
                              ``(ii) that meet the criteria described in
                          paragraph (1); and
                        ``(B) a plan for expeditiously completing the
                    projects under the authorities described in subparagraph
                    (A), subject to available funding.''.

        (b) Expedited Consideration.--

    [[Page 130 STAT. 1707]]

                (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.

    [[Page 130 STAT. 1708]]

                        (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.--

    [[Page 130 STAT. 1709]]

    ------------------------------------------------------------------------
                                   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).
    ------------------------------------------------------------------------

    [[Page 130 STAT. 1710]]

                (2) Flood risk management.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. TX     Leon Creek          Jun. 30, 2014  Federal: $22,145,000
               Watershed                         Non-Federal: $11,925,000
                                                 Total: $34,070,000
    ------------------------------------------------------------------------
    2. MO,    Armourdale and      Jan. 27, 2015  Federal: $213,271,500
     KS        Central                           Non-Federal: $114,838,500
               Industrial                        Total: $328,110,000
               District Levee
               Units, Missouri
               River and
               Tributaries at
               Kansas Citys
    ------------------------------------------------------------------------
    3. KS     City of Manhattan   Apr. 30, 2015  Federal: $16,151,000
                                                 Non-Federal: $8,697,000
                                                 Total: $24,848,000
    ------------------------------------------------------------------------
    4. TN     Mill Creek          Oct. 16, 2015  Federal: $17,950,000
                                                 Non-Federal: $10,860,000
                                                 Total: $28,810,000
    ------------------------------------------------------------------------
    5. KS     Upper Turkey Creek   Dec. 22,      Federal: $25,610,000
               Basin               2015          Non-Federal: $13,790,000
                                                 Total: $39,400,000
    ------------------------------------------------------------------------
    6. NC     Princeville         Feb. 23, 2016  Federal: $14,080,000
                                                 Non-Federal: $7,582,000
                                                 Total: $21,662,000
    ------------------------------------------------------------------------
    7. CA     American River      Apr. 26, 2016  Federal: $890,046,900
               Common Features                   Non-Federal: $705,714,100
                                                 Total: $1,595,761,000
    ------------------------------------------------------------------------

    [[Page 130 STAT. 1711]]

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

    [[Page 130 STAT. 1712]]

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

    [[Page 130 STAT. 1713]]

    6. CA     San Diego County    Apr. 26, 2016  Initial Federal:
                                                  $20,953,000
                                                 Initial Non-Federal:
                                                  $11,282,000
                                                 Initial Total: $32,235,000
                                                 Renourishment Federal:
                                                  $70,785,000
                                                 Renourishment Non-Federal:
                                                  $70,785,000
                                                 Renourishment Total:
                                                  $141,570,000.
    ------------------------------------------------------------------------

                (4) Ecosystem restoration.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. FL     Central Everglades  Dec. 23, 2014  Federal: $993,131,000
                                                 Non-Federal: $991,544,000
                                                 Total: $1,984,675,000
    ------------------------------------------------------------------------
    2. WA     Skokomish River     Dec. 14, 2015  Federal: $13,168,000
                                                 Non-Federal: $7,091,000
                                                 Total: $20,259,000
    ------------------------------------------------------------------------
    3. WA     Puget Sound         Sep. 16, 2016  Federal: $300,009,000
                                                 Non-Federal: $161,543,000
                                                 Total: $461,552,000.
    ------------------------------------------------------------------------

                (5) Flood risk management and ecosystem restoration.--

    [[Page 130 STAT. 1714]]

    ------------------------------------------------------------------------
                                   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.--

    [[Page 130 STAT. 1715]]

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

    [[Page 130 STAT. 1716]]

    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. <<NOTE: Water and Waste Act of 2016. 42 USC 201
                              note.>>  SHORT TITLE.

        This title may be cited as the ``Water and Waste Act of 2016''.
    SEC. 2002. <<NOTE: 42 USC 300j-3d note.>>  DEFINITION OF
                              ADMINISTRATOR.

        In this title, the term ``Administrator'' means the Administrator of
    the Environmental Protection Agency.

    [[Page 130 STAT. 1717]]

                         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:

    [[Page 130 STAT. 1718]]

                        ``(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. <<NOTE: 42 USC 300j-19a.>>  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--

    [[Page 130 STAT. 1719]]

                        ``(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

    [[Page 130 STAT. 1720]]

    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. <<NOTE: 42 USC 300j-19b.>>  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

    [[Page 130 STAT. 1721]]

                    if, at the conclusion of the service line replacement,
                    drinking water is delivered to a household through a
                    publicly or privately owned portion of a lead service
                    line.
                ``(3) Low-income.--The term `low-income', with respect to an
            individual provided assistance under this section, has such
            meaning as may be given the term by the Governor of the State in
            which the eligible entity is located, based upon the
            affordability criteria established by the State under section
            1452(d)(3).
                ``(4) Lead service line.--The term `lead service line' means
            a pipe and its fittings, which are not lead free (as defined in
            section 1417(d)), that connect the drinking water main to the
            building inlet.
                ``(5) Nontransient noncommunity water system.--The term
            `nontransient noncommunity water system' means a public water
            system that is not a community water system and that regularly
            serves at least 25 of the same persons over 6 months per year.

        ``(b) Grant Program.--
                ``(1) Establishment.--The Administrator shall establish a
            grant program to provide assistance to eligible entities for
            lead reduction projects in the United States.
                ``(2) Precondition.--As a condition of receipt of assistance
            under this section, an eligible entity shall take steps to
            identify--
                        ``(A) the source of lead in the public water system
                    that is subject to human consumption; and
                        ``(B) the means by which the proposed lead reduction
                    project would meaningfully reduce the concentration of
                    lead in water provided for human consumption by the
                    applicable public water system.
                ``(3) Priority application.--In providing grants under this
            subsection, the Administrator shall give priority to an eligible
            entity that--
                        ``(A) the Administrator determines, based on
                    affordability criteria established by the State under
                    section 1452(d)(3), to be a disadvantaged community; and
                        ``(B) proposes to--
                              ``(i) carry out a lead reduction project at a
                          public water system or nontransient noncommunity
                          water system that has exceeded the lead action
                          level established by the Administrator under
                          section 1412 at any time during the 3-year period
                          preceding the date of submission of the
                          application of the eligible entity; or
                              ``(ii) address lead levels in water for human
                          consumption at a school, daycare, or other
                          facility that primarily serves children or other
                          vulnerable human subpopulation described in
                          section 1458(a)(1).
                ``(4) Cost sharing.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    non-Federal share of the total cost of a project funded
                    by a grant under this subsection shall be not less than
                    20 percent.
                        ``(B) Waiver.--The Administrator may reduce or
                    eliminate the non-Federal share under subparagraph (A)
                    for

    [[Page 130 STAT. 1722]]

                    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)--

    [[Page 130 STAT. 1723]]

                        (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

    [[Page 130 STAT. 1724]]

                    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

    [[Page 130 STAT. 1725]]

                          notification in a successor regulation promulgated
                          pursuant to section 1412) (referred to in this
                          paragraph as an `affected household'), the
                          Administrator shall require an appropriate
                          employee of the Agency to forward the data, and
                          information on the sampling techniques used to
                          obtain the data, to the owner or operator of the
                          public water system and the State in which the
                          affected household is located within a time period
                          determined by the Administrator.
                              ``(ii) Dissemination of information by owner
                          or operator.--The owner or operator of a public
                          water system shall disseminate to affected
                          households the information described in
                          subparagraph (C) within a time period established
                          by the Administrator, if the owner or operator--
                                        ``(I) receives data and information
                                    under clause (i); and
                                        ``(II) has not, since the date of
                                    the test that developed the data,
                                    notified the affected households--
                                                ``(aa) with respect to the
                                            concentration of lead in the
                                            drinking water of the affected
                                            households; and
                                                ``(bb) that the
                                            concentration of lead in the
                                            drinking water of the affected
                                            households exceeds the lead
                                            action level under section
                                            141.80(c) of title 40, Code of
                                            Federal Regulations (or a
                                            prescribed level of lead that
                                            the Administrator establishes
                                            for public education or
                                            notification in a successor
                                            regulation promulgated pursuant
                                            to section 1412).
                              ``(iii) Consultation.--
                                        ``(I) Deadline.--If the owner or
                                    operator of the public water system does
                                    not disseminate to the affected
                                    households the information described in
                                    subparagraph (C) as required under
                                    clause (ii) within the time period
                                    established by the Administrator, not
                                    later than 24 hours after the
                                    Administrator becomes aware of the
                                    failure by the owner or operator of the
                                    public water system to disseminate the
                                    information, the Administrator shall
                                    consult, within a period not to exceed
                                    24 hours, with the applicable Governor
                                    to develop a plan, in accordance with
                                    the strategic plan, to disseminate the
                                    information to the affected households
                                    not later than 24 hours after the end of
                                    the consultation period.
                                        ``(II) Delegation.--The
                                    Administrator may only delegate the duty
                                    to consult under subclause (I) to an
                                    employee of the Agency who, as of the
                                    date of the delegation, works in the
                                    Office of Water at the headquarters of
                                    the Agency.
                              ``(iv) Dissemination by administrator.--The
                          Administrator shall, as soon as practicable,
                          disseminate to affected households the information
                          described in subparagraph (C) if--

    [[Page 130 STAT. 1726]]

                                        ``(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.''.

    [[Page 130 STAT. 1727]]

    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

    [[Page 130 STAT. 1728]]

                          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. <<NOTE: 42 USC 300j-3d.>>  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;

    [[Page 130 STAT. 1729]]

                (2) the range of cost savings for communities using
            innovative and alternative drinking water delivery systems
            described in this section; and
                (3) the use of drinking water technical assistance programs
            operated by the Administrator and the Secretary of Agriculture.
    SEC. 2109. INNOVATION IN THE PROVISION OF SAFE DRINKING WATER.

        (a) Innovative Water Technologies.--Section 1442(a)(1) of the Safe
    Drinking Water Act (42 U.S.C. 300j-1(a)(1)) is amended--
                (1) in subparagraph (D), by striking ``; and'' and inserting
            a semicolon;
                (2) by striking the period at the end of subparagraph (E)
            and inserting ``; and''; and
                (3) by adding at the end the following new subparagraph:
                ``(F) innovative water technologies (including technologies
            to improve water treatment to ensure compliance with this title
            and technologies to identify and mitigate sources of drinking
            water contamination, including lead contamination).''.

        (b) Technical Assistance.--Section 1442 of the Safe Drinking Water
    Act (42 U.S.C. 300j-1) is amended--
                (1) in the heading for subsection (e), by inserting ``to
            Small Public Water Systems'' after ``Assistance''; and
                (2) by adding at the end the following new subsection:

        ``(f) Technical Assistance for Innovative Water Technologies.--
                ``(1) The Administrator may provide technical assistance to
            public water systems to facilitate use of innovative water
            technologies.
                ``(2) There are authorized to be appropriated to the
            Administrator for use in providing technical assistance under
            paragraph (1) $10,000,000 for each of fiscal years 2017 through
            2021.''.

        (c) <<NOTE: 42 USC 300j-1 note.>>  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

    [[Page 130 STAT. 1730]]

    ``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.

    [[Page 130 STAT. 1731]]

                        ``(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. <<NOTE: 42 USC 300j-12 note.>>  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.

    [[Page 130 STAT. 1732]]

                (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).

    [[Page 130 STAT. 1733]]

                (2) Supplemented intended use plans.--From funds made
            available under paragraph (1), the Administrator shall obligate
            to an eligible State such amounts as are necessary to meet the
            needs identified in a supplemented intended use plan for the
            purposes described in subsection (b)(2) by not later than 30
            days after the date on which the eligible State submits to the
            Administrator a supplemented intended use plan under section
            1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-12(b))
            that includes preapplication information regarding projects to
            be funded using the additional assistance, including, with
            respect to each such project--
                        (A) a description of the project;
                        (B) an explanation of the means by which the project
                    will address a situation causing a declared emergency in
                    the eligible State;
                        (C) the estimated cost of the project; and
                        (D) the projected start date for construction of the
                    project.
                (3) Unobligated amounts.--Any amounts made available to the
            Administrator under paragraph (1) that are unobligated on the
            date that is 18 months after the date on which the amounts are
            made available shall be available to provide additional grants
            to States to capitalize State loan funds as provided under
            section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
                (4) Applicability.--
                        (A) Section 1452(b)(1) of the Safe Drinking Water
                    Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a
                    supplement to an intended use plan under paragraph (2).
                        (B) Unless explicitly waived, all requirements under
                    the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
                    shall apply to funding provided under this subsection.

        (e) Health Effects Evaluation.--
                (1) In general.--Pursuant to section 104(i)(1)(E) of the
            Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9604(i)(1)(E)), and on receipt
            of a request of an appropriate State or local health official of
            an eligible State, the Director of the Agency for Toxic
            Substances and Disease Registry of the National Center for
            Environmental Health shall in coordination with other agencies,
            as appropriate, conduct voluntary surveillance activities to
            evaluate any adverse health effects on individuals exposed to
            lead from drinking water in the affected communities.
                (2) Consultations.--Pursuant to section 104(i)(4) of the
            Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9604(i)(4)), and on receipt of
            a request of an appropriate State or local health official of an
            eligible State, the Director of the Agency for Toxic Substances
            and Disease Registry of the National Center for Environmental
            Health shall provide consultations regarding health issues
            described in paragraph (1).

        (f) No Effect on Other Projects.--This section shall not affect the
    application of any provision of the Water Infrastructure Finance and
    Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or the Safe Drinking
    Water Act (42 U.S.C. 300f et seq.) to any project that does not receive
    assistance pursuant to this subtitle.

    [[Page 130 STAT. 1734]]

    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. <<NOTE: 42 USC 300j-21.>>  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;

    [[Page 130 STAT. 1735]]

                        (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).

    [[Page 130 STAT. 1736]]

                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.--

    [[Page 130 STAT. 1737]]

                              ``(i) Program review.--The Administrator shall
                          review a State permit program or other system of
                          prior approval and conditions that is approved
                          under subparagraph (B)--
                                        ``(I) from time to time, as the
                                    Administrator determines necessary, but
                                    not less frequently than once every 12
                                    years;
                                        ``(II) not later than 3 years after
                                    the date on which the Administrator
                                    revises the applicable criteria for coal
                                    combustion residuals units under part
                                    257 of title 40, Code of Federal
                                    Regulations (or successor regulations
                                    promulgated pursuant to sections
                                    1008(a)(3) and 4004(a));
                                        ``(III) not later than 1 year after
                                    the date of a significant release (as
                                    defined by the Administrator), that was
                                    not authorized at the time the release
                                    occurred, from a coal combustion
                                    residuals unit located in the State; and
                                        ``(IV) on request of any other State
                                    that asserts that the soil, groundwater,
                                    or surface water of the State is or is
                                    likely to be adversely affected by a
                                    release or potential release from a coal
                                    combustion residuals unit located in the
                                    State for which the program or other
                                    system was approved.
                              ``(ii) Notification and opportunity for a
                          public hearing.--The Administrator shall provide
                          to a State notice of deficiencies with respect to
                          the permit program or other system of prior
                          approval and conditions of the State that is
                          approved under subparagraph (B), and an
                          opportunity for a public hearing, if the
                          Administrator determines that--
                                        ``(I) a revision or correction to
                                    the permit program or other system of
                                    prior approval and conditions of the
                                    State is necessary to ensure that the
                                    permit program or other system of prior
                                    approval and conditions continues to
                                    ensure that each coal combustion
                                    residuals unit located in the State
                                    achieves compliance with the criteria
                                    described in clauses (i) and (ii) of
                                    subparagraph (B);
                                        ``(II) the State has not implemented
                                    an adequate permit program or other
                                    system of prior approval and conditions
                                    that requires each coal combustion
                                    residuals unit located in the State to
                                    achieve compliance with the criteria
                                    described in subparagraph (B); or
                                        ``(III) the State has, at any time,
                                    approved or failed to revoke a permit
                                    for a coal combustion residuals unit, a
                                    release from which adversely affects or
                                    is likely to adversely affect the soil,
                                    groundwater, or surface water of another
                                    State.
                        ``(E) Withdrawal.--
                              ``(i) In general.--The Administrator shall
                          withdraw approval of a State permit program or
                          other system of prior approval and conditions if,
                          after the Administrator provides notice and an
                          opportunity for a public hearing to the relevant
                          State under subparagraph (D)(ii), the
                          Administrator determines that the

    [[Page 130 STAT. 1738]]

                          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

    [[Page 130 STAT. 1739]]

                    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

    [[Page 130 STAT. 1740]]

            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. <<NOTE: 25 USC 3805.>>  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.--

    [[Page 130 STAT. 1741]]

                        (A) Establishment.--There is established in the
                    Treasury of the United States a fund, to be known as the
                    ``High-Hazard Indian Dam Safety Deferred Maintenance
                    Fund'', consisting of--
                              (i) such amounts as are deposited in the Fund
                          under subparagraph (B); and
                              (ii) any interest earned on investment of
                          amounts in the Fund under subparagraph (D).
                        (B) Deposits to fund.--
                              (i) In general.--For each of fiscal years 2017
                          through 2023, the Secretary of the Treasury shall
                          deposit in the Fund $22,750,000 from the general
                          fund of the Treasury.
                              (ii) Availability of amounts.--Amounts
                          deposited in the Fund under clause (i) shall be
                          used, subject to appropriation, to carry out this
                          section.
                        (C) Expenditures from fund.--
                              (i) In general.--Subject to clause (ii), for
                          each of fiscal years 2017 through 2023, the
                          Secretary may, to the extent provided in advance
                          in appropriations Acts, expend from the Fund, in
                          accordance with this section, not more than the
                          sum of--
                                        (I) $22,750,000; and
                                        (II) the amount of interest accrued
                                    in the Fund.
                              (ii) Additional expenditures.--The Secretary
                          may expend more than $22,750,000 for any fiscal
                          year referred to in clause (i) if the additional
                          amounts are available in the Fund as a result of a
                          failure of the Secretary to expend all of the
                          amounts available under clause (i) in 1 or more
                          prior fiscal years.
                        (D) Investments of amounts.--
                              (i) In general.--The Secretary of the Treasury
                          shall invest such portion of the Fund as is not,
                          in the judgment of the Secretary, required to meet
                          current withdrawals.
                              (ii) Credits to fund.--The interest on, and
                          the proceeds from the sale or redemption of, any
                          obligations held in the Fund shall be credited to,
                          and form a part of, the Fund.
                        (E) Transfers of amounts.--
                              (i) In general.--The amounts required to be
                          transferred to the Fund under this paragraph shall
                          be transferred at least monthly.
                              (ii) Adjustments.--Proper adjustment shall be
                          made in amounts subsequently transferred to the
                          extent prior estimates are in excess of or less
                          than the amounts required to be transferred.
                        (F) Termination.--On September 30, 2023--
                              (i) the Fund shall terminate; and
                              (ii) the unexpended and unobligated balance of
                          the Fund shall be transferred to the general fund
                          of the Treasury.
                (2) Low-hazard fund.--
                        (A) Establishment.--There is established in the
                    Treasury of the United States a fund, to be known as

    [[Page 130 STAT. 1742]]

                    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--

    [[Page 130 STAT. 1743]]

                              (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

    [[Page 130 STAT. 1744]]

                              (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;

    [[Page 130 STAT. 1745]]

                              (vi) the need to comply with the dam safety
                          policies of the Director of the Bureau of Indian
                          Affairs established to carry out the Indian Dams
                          Safety Act of 1994 (25 U.S.C. 3801 et seq.);
                              (vii) the ability of the water storage
                          capacity of an Indian dam to be increased to
                          prevent flooding in downstream tribal and
                          nontribal communities; and
                              (viii) such other factors as the Secretary
                          determines to be appropriate to prioritize the use
                          of available funds that are, to the fullest extent
                          practicable, consistent with tribal and user
                          recommendations received pursuant to the
                          consultation and input process under paragraph
                          (4).
                (4) Tribal consultation and user input.--
                        (A) In general.--Except as provided in subparagraph
                    (B), before expending funds on an Indian dam pursuant to
                    paragraph (1) and not later than 60 days after the date
                    of enactment of this Act, the Secretary shall--
                              (i) consult with the Director of the Bureau of
                          Indian Affairs on the expenditure of funds;
                              (ii) ensure that the Director of the Bureau of
                          Indian Affairs advises the Indian tribe that has
                          jurisdiction over the land on which a dam eligible
                          to receive funding under paragraph (2) is located
                          on the expenditure of funds; and
                              (iii) solicit and consider the input,
                          comments, and recommendations of the landowners
                          served by the Indian dam.
                        (B) Emergencies.--If the Secretary determines that
                    an emergency circumstance exists with respect to an
                    Indian dam, subparagraph (A) shall not apply with
                    respect to that Indian dam.
                (5) Allocation among dams.--
                        (A) In general.--Subject to subparagraph (B), to the
                    maximum extent practicable, the Secretary shall ensure
                    that, for each of fiscal years 2017 through 2023, each
                    Indian dam eligible for funding under paragraph (2) that
                    has critical maintenance needs receives part of the
                    funding under paragraph (1) to address critical
                    maintenance needs.
                        (B) Priority.--In allocating amounts under paragraph
                    (1)(B), in addition to considering the funding
                    priorities described in paragraph (3), the Secretary
                    shall give priority to Indian dams eligible for funding
                    under paragraph (2) that serve--
                              (i) more than 1 Indian tribe within an Indian
                          reservation; or
                              (ii) highly populated Indian communities, as
                          determined by the Secretary.
                        (C) Cap on funding.--
                              (i) In general.--Subject to clause (ii), in
                          allocating amounts under paragraph (1)(B), the
                          Secretary shall allocate not more than $10,000,000
                          to any individual dam described in paragraph (2)
                          during any consecutive 3-year period.
                              (ii) Exception.--Notwithstanding the cap
                          described in clause (i), if the full amount under
                          paragraph (1)(B) cannot be fully allocated to
                          eligible Indian

    [[Page 130 STAT. 1746]]

                          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.

    [[Page 130 STAT. 1747]]

                        (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

    [[Page 130 STAT. 1748]]

                          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.

    [[Page 130 STAT. 1749]]

        (e) Indian Dam Surveys.--
                (1) Tribal reports.--The Secretary shall request that, not
            less frequently than once every 180 days, each Indian tribe
            submit to the Secretary a report providing an inventory of the
            dams located on the land of the Indian tribe.
                (2) BIA reports.--Not less frequently than once each year,
            the Secretary shall submit to Congress a report describing the
            condition of each dam under the partial or total jurisdiction of
            the Secretary.

        (f) Flood Plain Management Pilot Program.--
                (1) Establishment.--The Secretary shall establish, within
            the Bureau of Indian Affairs, a flood plain management pilot
            program (referred to in this subsection as the ``program'') to
            provide, at the request of an Indian tribe, guidance to the
            Indian tribe relating to best practices for the mitigation and
            prevention of floods, including consultation with the Indian
            tribe on--
                        (A) flood plain mapping; or
                        (B) new construction planning.
                (2) Termination.--The program shall terminate on the date
            that is 4 years after the date of enactment of this Act.
                (3) Funding.--Of the amounts authorized to be expended from
            either Fund, $250,000 shall be made available from either Fund
            during each of fiscal years 2017, 2018, and 2019 to carry out
            this subsection, to remain available until expended.

     Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
                         Governments and Their Economies

    SEC. 3201. DEFINITIONS.

        In this subtitle:
                (1) Deferred maintenance.--The term ``deferred maintenance''
            means any maintenance activity that was delayed to a future
            date, in lieu of being carried out at the time at which the
            activity was scheduled to be, or otherwise should have been,
            carried out.
                (2) Fund.--The term ``Fund'' means the Indian Irrigation
            Fund established by section 3211.
                (3) Indian tribe.--The term ``Indian tribe'' has the meaning
            given the term in section 4 of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 5304).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

                         PART I--INDIAN IRRIGATION FUND

    SEC. 3211. ESTABLISHMENT.

        There is established in the Treasury of the United States a fund, to
    be known as the ``Indian Irrigation Fund'', consisting of--
                (1) such amounts as are deposited in the Fund under section
            3212; and
                (2) any interest earned on investment of amounts in the Fund
            under section 3214.

    [[Page 130 STAT. 1750]]

    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.

    [[Page 130 STAT. 1751]]

        (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

    [[Page 130 STAT. 1752]]

                    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

    [[Page 130 STAT. 1753]]

                (4) includes recommendations for improving programmatic and
            project management and performance--
                        (A) in each qualifying project area; and
                        (B) for the program as a whole.

        (d) Status Report.--Not later than 2 years after the date of
    enactment of this Act, and not less frequently than every 2 years
    thereafter (until the end of fiscal year 2021), the Secretary, acting
    through the Assistant Secretary for Indian Affairs, shall submit to the
    Committee on Indian Affairs of the Senate and the Committee on Natural
    Resources of the House of Representatives a report that includes a
    description of--
                (1) the progress made toward addressing the deferred
            maintenance needs of the Indian irrigation projects described in
            section 3222, including a list of projects funded during the
            fiscal period covered by the report;
                (2) the outstanding needs of those projects that have been
            provided funding to address the deferred maintenance needs
            pursuant to this part;
                (3) the remaining needs of any of those projects;
                (4) how the goals established pursuant to section 3223 have
            been met, including--
                        (A) an identification and assessment of any
                    deficiencies or shortfalls in meeting those goals; and
                        (B) a plan to address the deficiencies or shortfalls
                    in meeting those goals; and
                (5) any other subject matters the Secretary, to the maximum
            extent practicable consistent with tribal and user
            recommendations received pursuant to the consultation and input
            process under section 3225, determines to be appropriate.
    SEC. 3225. TRIBAL CONSULTATION AND USER INPUT.

        Before expending funds on an Indian irrigation project pursuant to
    section 3221 and not later than 120 days after the date of enactment of
    this Act, the Secretary shall--
                (1) consult with the Indian tribe that has jurisdiction over
            the land on which an irrigation project eligible to receive
            funding under section 3222 is located; and
                (2) solicit and consider the input, comments, and
            recommendations of--
                        (A) the landowners served by the irrigation project;
                    and
                        (B) irrigators from adjacent irrigation districts.
    SEC. 3226. ALLOCATION AMONG PROJECTS.

        (a) In General.--Subject to subsection (b), to the maximum extent
    practicable, the Secretary shall ensure that, for each of fiscal years
    2017 through 2021, each Indian irrigation project eligible for funding
    under section 3222 that has critical maintenance needs receives part of
    the funding under section 3221 to address critical maintenance needs.
        (b) Priority.--In allocating amounts under section 3221(b), in
    addition to considering the funding priorities described in section
    3223, the Secretary shall give priority to eligible Indian irrigation
    projects serving more than 1 Indian tribe within an Indian reservation
    and to projects for which funding has not been made available during the
    10-year period ending on the day before the date of enactment of this
    Act under any other Act of Congress that

    [[Page 130 STAT. 1754]]

    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.

    [[Page 130 STAT. 1755]]

                  Subtitle D--Pechanga Water Rights Settlement

    SEC. 3401. <<NOTE: Pechanga Band of Luiseno Mission Indians Water
                              Rights Settlement Act.>>  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.

    [[Page 130 STAT. 1756]]

                (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.

    [[Page 130 STAT. 1757]]

            41 issued in the Adjudication Proceeding on November 8, 1962,
            including all court orders, judgments, and decisions
            supplemental to that interlocutory judgment.
                (20) MWD.--The term ``MWD'' means the Metropolitan Water
            District of Southern California, a metropolitan water district
            organized and incorporated under the Metropolitan Water District
            Act of the State of California (Stats. 1969, Chapter 209, as
            amended).
                (21) MWD connection fee.--The term ``MWD Connection Fee''
            has the meaning set forth in the Extension of Service Area
            Agreement.
                (22) Pechanga esaa delivery capacity account.--The term
            ``Pechanga ESAA Delivery Capacity account'' means the account
            established by section 3409(c)(2).
                (23) Pechanga recycled water infrastructure account.--The
            term ``Pechanga Recycled Water Infrastructure account'' means
            the account established by section 3409(c)(1).
                (24) Pechanga settlement agreement.--The term ``Pechanga
            Settlement Agreement'' means the Pechanga Settlement Agreement,
            dated April 8, 2016, together with the exhibits to that
            agreement, entered into by the Band, the United States on behalf
            of the Band, its members and Allottees, MWD, EMWD, and RCWD,
            including--
                        (A) the Extension of Service Area Agreement;
                        (B) the ESAA Capacity Agreement; and
                        (C) the ESAA Water Delivery Agreement.
                (25) Pechanga water code.--The term ``Pechanga Water Code''
            means a water code to be adopted by the Band in accordance with
            section 3405(f).
                (26) Pechanga water fund account.--The term ``Pechanga Water
            Fund account'' means the account established by section
            3409(c)(3).
                (27) Pechanga water quality account.--The term ``Pechanga
            Water Quality account'' means the account established by section
            3409(c)(4).
                (28) Permanent capacity.--The term ``Permanent Capacity''
            has the meaning set forth in the ESAA Capacity Agreement.
                (29) Permanent capacity notice.--The term ``Permanent
            Capacity Notice'' has the meaning set forth in the ESAA Capacity
            Agreement.
                (30) RCWD.--
                        (A) In general.--The term ``RCWD'' means the Rancho
                    California Water District organized pursuant to section
                    34000 et seq. of the California Water Code.
                        (B) Inclusions.--The term ``RCWD'' includes all real
                    property owners for whom RCWD acts as an agent pursuant
                    to an agency agreement.
                (31) Recycled water infrastructure agreement.--The term
            ``Recycled Water Infrastructure Agreement'' means the ``Recycled
            Water Infrastructure Agreement'' among the Band, RCWD, and the
            United States.
                (32) Recycled water transfer agreement.--The term ``Recycled
            Water Transfer Agreement'' means the ``Recycled Water Transfer
            Agreement'' between the Band and RCWD.
                (33) Reservation.--

    [[Page 130 STAT. 1758]]

                        (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.);

    [[Page 130 STAT. 1759]]

                        (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.

    [[Page 130 STAT. 1760]]

                (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

    [[Page 130 STAT. 1761]]

                    of such water for irrigation or domestic purposes on
                    allotted land, including a process for--
                              (i) appeal and adjudication of any denied or
                          disputed distribution of water; and
                              (ii) resolution of any contested
                          administrative decision; and
                        (E) a requirement that any Allottee with a claim
                    relating to the enforcement of rights of the Allottee
                    under the Pechanga Water Code or relating to the amount
                    of water allocated to land of the Allottee must first
                    exhaust remedies available to the Allottee under tribal
                    law and the Pechanga Water Code before initiating an
                    action against the United States or petitioning the
                    Secretary pursuant to subsection (d)(4).
                (3) Action by secretary.--
                        (A) In general.--The Secretary shall administer the
                    Tribal Water Right until the Pechanga Water Code is
                    enacted and approved under this section.
                        (B) Approval.--Any provision of the Pechanga Water
                    Code and any amendment to the Pechanga Water Code that
                    affects the rights of Allottees--
                              (i) shall be subject to the approval of the
                          Secretary; and
                              (ii) shall not be valid until approved by the
                          Secretary.
                        (C) Approval period.--The Secretary shall approve or
                    disapprove the Pechanga Water Code within a reasonable
                    period of time after the date on which the Band submits
                    the Pechanga Water Code to the Secretary for approval.

        (g) Effect.--Except as otherwise specifically provided in this
    section, nothing in this subtitle--
                (1) authorizes any action by an Allottee against any
            individual or entity, or against the Band, under Federal, State,
            tribal, or local law; or
                (2) alters or affects the status of any action pursuant to
            section 1491(a) of title 28, United States Code.
    SEC. 3406. SATISFACTION OF CLAIMS.

        (a) In General.--The benefits provided to the Band under the
    Pechanga Settlement Agreement and this subtitle shall be in complete
    replacement of, complete substitution for, and full satisfaction of all
    claims of the Band against the United States that are waived and
    released pursuant to section 3407.
        (b) Allottee Claims.--The benefits realized by the Allottees under
    this subtitle shall be in complete replacement of, complete substitution
    for, and full satisfaction of--
                (1) all claims that are waived and released pursuant to
            section 3407; and
                (2) any claims of the Allottees against the United States
            that the Allottees have or could have asserted that are similar
            in nature to any claim described in section 3407.

        (c) No Recognition of Water Rights.--Except as provided in section
    3405(d), nothing in this subtitle recognizes or establishes any right of
    a member of the Band or an Allottee to water within the Reservation.

    [[Page 130 STAT. 1762]]

        (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

    [[Page 130 STAT. 1763]]

                              (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;

    [[Page 130 STAT. 1764]]

                (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

    [[Page 130 STAT. 1765]]

            of that party under the Pechanga Settlement Agreement or any of
            the exhibits to the Pechanga Settlement Agreement.

        (e) Enforceability Date.--The enforceability date shall be the date
    on which the Secretary publishes in the Federal Register a statement of
    findings that--
                (1) the Adjudication Court has approved and entered a
            judgment and decree approving the Pechanga Settlement Agreement
            in substantially the same form as Appendix 2 to the Pechanga
            Settlement Agreement;
                (2) all amounts authorized by this subtitle have been
            deposited in the Fund;
                (3) the waivers and releases authorized in subsection (a)
            have been executed by the Band and the Secretary;
                (4) the Extension of Service Area Agreement--
                        (A) has been approved and executed by all the
                    parties to the Extension of Service Area Agreement; and
                        (B) is effective and enforceable in accordance with
                    the terms of the Extension of Service Area Agreement;
                    and
                (5) the ESAA Water Delivery Agreement--
                        (A) has been approved and executed by all the
                    parties to the ESAA Water Delivery Agreement; and
                        (B) is effective and enforceable in accordance with
                    the terms of the ESAA Water Delivery Agreement.

        (f) Tolling of Claims.--
                (1) In general.--Each applicable period of limitation and
            time-based equitable defense relating to a claim described in
            this section shall be tolled for the period beginning on the
            date of enactment of this Act and ending on the earlier of--
                        (A) April 30, 2030, or such alternate date after
                    April 30, 2030, as is agreed to by the Band and the
                    Secretary; or
                        (B) the enforceability date.
                (2) Effects of subsection.--Nothing in this subsection
            revives any claim or tolls any period of limitation or time-
            based equitable defense that expired before the date of
            enactment of this Act.
                (3) Limitation.--Nothing in this section precludes the
            tolling of any period of limitations or any time-based equitable
            defense under any other applicable law.

        (g) Termination.--
                (1) In general.--If all of the amounts authorized to be
            appropriated to the Secretary pursuant to this subtitle have not
            been made available to the Secretary by April 30, 2030--
                        (A) the waivers authorized by this section shall
                    expire and have no force or effect; and
                        (B) all statutes of limitations applicable to any
                    claim otherwise waived under this section shall be
                    tolled until April 30, 2030.
                (2) Voiding of waivers.--If a waiver authorized by this
            section is void under paragraph (1)--
                        (A) the approval of the United States of the
                    Pechanga Settlement Agreement under section 3404 shall
                    be void and have no further force or effect;
                        (B) any unexpended Federal amounts appropriated or
                    made available to carry out this subtitle, together with
                    any interest earned on those amounts, and any water
                    rights or contracts to use water and title to other
                    property

    [[Page 130 STAT. 1766]]

                    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.

    [[Page 130 STAT. 1767]]

                        (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:

    [[Page 130 STAT. 1768]]

                (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

    [[Page 130 STAT. 1769]]

            necessary to enforce an expenditure plan to ensure that amounts
            disbursed under this subsection are used in accordance with this
            subtitle.

        (h) Uses.--Amounts from the Fund shall be used by the Band for the
    following purposes:
                (1) Pechanga recycled water infrastructure account.--The
            Pechanga Recycled Water Infrastructure account shall be used for
            expenditures by the Band in accordance with section 3408(c).
                (2) Pechanga esaa delivery capacity account.--The Pechanga
            ESAA Delivery Capacity account shall be used for expenditures by
            the Band in accordance with section 3408(d).
                (3) Pechanga water fund account.--The Pechanga Water Fund
            account shall be used for--
                        (A) payment of the EMWD Connection Fee;
                        (B) payment of the MWD Connection Fee; and
                        (C) any expenses, charges, or fees incurred by the
                    Band in connection with the delivery or use of water
                    pursuant to the Pechanga Settlement Agreement.
                (4) Pechanga water quality account.--The Pechanga Water
            Quality account shall be used by the Band to fund groundwater
            desalination activities within the Wolf Valley Basin.

        (i) Liability.--The Secretary and the Secretary of the Treasury
    shall not be liable for the expenditure of, or the investment of any
    amounts withdrawn from, the Fund by the Band under subsection (f) or
    (g).
        (j) No Per Capita Distributions.--No portion of the Fund shall be
    distributed on a per capita basis to any member of the Band.
    SEC. 3410. MISCELLANEOUS PROVISIONS.

        (a) Waiver of Sovereign Immunity by the United States.--Except as
    provided in subsections (a) through (c) of section 208 of the Department
    of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this
    subtitle waives the sovereign immunity of the United States.
        (b) Other Tribes Not Adversely Affected.--Nothing in this subtitle
    quantifies or diminishes any land or water right, or any claim or
    entitlement to land or water, of an Indian tribe, band, or community
    other than the Band.
        (c) Limitation on Claims for Reimbursement.--With respect to Indian
    land within the Reservation--
                (1) the United States shall not submit against any Indian-
            owned land located within the Reservation any claim for
            reimbursement of the cost to the United States of carrying out
            this subtitle and the Pechanga Settlement Agreement; and
                (2) no assessment of any Indian-owned land located within
            the Reservation shall be made regarding that cost.

        (d) Effect on Current Law.--Nothing in this section affects any
    provision of law (including regulations) in effect on the day before the
    date of enactment of this Act with respect to preenforcement review of
    any Federal environmental enforcement action.
    SEC. 3411. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--

    [[Page 130 STAT. 1770]]

                (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.

    [[Page 130 STAT. 1771]]

        (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

    [[Page 130 STAT. 1772]]

            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.

    [[Page 130 STAT. 1773]]

    SEC. 3502. DEFINITIONS.

        In this subtitle:
                (1) Basin.--The term ``Basin'' means the 4-State Delaware
            Basin region, including all of Delaware Bay and portions of the
            States of Delaware, New Jersey, New York, and Pennsylvania
            located in the Delaware River watershed.
                (2) Basin state.--The term ``Basin State'' means each of the
            States of Delaware, New Jersey, New York, and Pennsylvania.
                (3) Director.--The term ``Director'' means the Director of
            the United States Fish and Wildlife Service.
                (4) Grant program.--The term ``grant program'' means the
            voluntary Delaware River Basin Restoration Grant Program
            established under section 3504.
                (5) Program.--The term ``program'' means the nonregulatory
            Delaware River Basin restoration program established under
            section 3503.
                (6) Restoration and protection.--The term ``restoration and
            protection'' means the conservation, stewardship, and
            enhancement of habitat for fish and wildlife to preserve and
            improve ecosystems and ecological processes on which they
            depend, and for use and enjoyment by the public.
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Director.
                (8) Service.--The term ``Service'' means the United States
            Fish and Wildlife Service.
    SEC. 3503. PROGRAM ESTABLISHMENT.

        (a) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish a nonregulatory
    program to be known as the ``Delaware River Basin restoration program''.
        (b) Duties.--In carrying out the program, the Secretary shall--
                (1) draw on existing plans for the Basin, or portions of the
            Basin, and work in consultation with applicable management
            entities, including representatives of the Partnership for the
            Delaware Estuary, the Delaware River Basin Commission, the
            Federal Government, and other State and local governments, and
            regional organizations, as appropriate, to identify, prioritize,
            and implement restoration and protection activities within the
            Basin;
                (2) adopt a Basinwide strategy that--
                        (A) supports the implementation of a shared set of
                    science-based restoration and protection activities
                    developed in accordance with paragraph (1);
                        (B) targets cost-effective projects with measurable
                    results; and
                        (C) maximizes conservation outcomes with no net gain
                    of Federal full-time equivalent employees; and
                (3) establish the voluntary grant and technical assistance
            programs in accordance with section 3504.

        (c) Coordination.--In establishing the program, the Secretary shall
    consult, as appropriate, with--
                (1) the heads of Federal agencies, including--
                        (A) the Administrator of the Environmental
                    Protection Agency;

    [[Page 130 STAT. 1774]]

                        (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

    [[Page 130 STAT. 1775]]

    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.

    [[Page 130 STAT. 1776]]

                (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.

    [[Page 130 STAT. 1777]]

                (2) Removal and new use.--If the Secretary requires removal
            of a trailer home under paragraph (1), on request by the
            permittee, the Secretary shall authorize the permittee--
                        (A) to replace the trailer home on the lot with a
                    camper or recreational vehicle in accordance with this
                    section; or
                        (B) to place a trailer home on the lot from April 1
                    to October 31.

        (d) Transfer of Permits.--
                (1) Transfer of trailer home title.--If a permittee
            transfers title to a trailer home permitted on a lot in a
            trailer area, the Secretary shall issue a permit to the
            transferee, under the same terms as the permit applicable on the
            date of transfer, subject to the conditions described in
            paragraph (3).
                (2) Transfer of camper or recreational vehicle title.--If a
            permittee who has a permit to use a camper or recreational
            vehicle on a lot in a trailer area transfers title to the
            interests of the permittee on or to the lot, the Secretary shall
            issue a permit to the transferee, subject to the conditions
            described in paragraph (3).
                (3) Conditions.--A permit issued by the Secretary under
            paragraph (1) or (2) shall be subject to the following
            conditions:
                        (A) A permit may not be held in the name of a
                    corporation.
                        (B) A permittee may not have an interest in, or
                    control of, more than 1 seasonal trailer home site in
                    the Great Plains Region of the Bureau of Reclamation,
                    inclusive of sites located on tracts permitted to
                    organized groups on Reclamation reservoirs.
                        (C) Not more than 2 persons may be permittees under
                    1 permit, unless--
                              (i) approved by the Secretary; or
                              (ii) the additional persons are immediate
                          family members of the permittees.

        (e) Anchoring Requirements for Trailer Homes.--The Secretary shall
    require compliance with appropriate anchoring requirements for each
    trailer home (including additions to the trailer home) and other objects
    on a lot in a trailer area, as determined by the Secretary, after
    consulting with permittees.
        (f) Replacement, Removal, and Return.--
                (1) Replacement.--Permittees may replace their trailer home
            with another trailer home.
                (2) Removal and return.--Permittees may--
                        (A) remove their trailer home; and
                        (B) if the permittee removes their trailer home
                    under subparagraph (A), return the trailer home to the
                    lot of the permittee.

        (g) Liability; Taking.--
                (1) Liability.--The United States shall not be liable for
            flood damage to the personal property of a permittee or for
            damages arising out of any act, omission, or occurrence relating
            to a lot to which a permit applies, other than for damages
            caused by an act or omission of the United States or an
            employee, agent, or contractor of the United States before the
            date of enactment of this Act.

    [[Page 130 STAT. 1778]]

                (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--

    [[Page 130 STAT. 1779]]

                        ``(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;

    [[Page 130 STAT. 1780]]

                        ``(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.

    [[Page 130 STAT. 1781]]

                ``(6) Environmental improvement program.--The term
            `Environmental Improvement Program' means--
                        ``(A) the Environmental Improvement Program adopted
                    by the Planning Agency; and
                        ``(B) any amendments to the Program.
                ``(7) Environmental threshold carrying capacity.--The term
            `environmental threshold carrying capacity' has the meaning
            given the term in Article II of the Compact.
                ``(8) Federal partnership.--The term `Federal Partnership'
            means the Lake Tahoe Federal Interagency Partnership established
            by Executive Order 13057 (62 Fed. Reg. 41249) (or a successor
            Executive order).
                ``(9) Forest management activity.--The term `forest
            management activity' includes--
                        ``(A) prescribed burning for ecosystem health and
                    hazardous fuels reduction;
                        ``(B) mechanical and minimum tool treatment;
                        ``(C) stream environment zone restoration and other
                    watershed and wildlife habitat enhancements;
                        ``(D) nonnative invasive species management; and
                        ``(E) other activities consistent with Forest
                    Service practices, as the Secretary determines to be
                    appropriate.
                ``(10) Maps.--The term `Maps' means the maps--
                        ``(A) entitled--
                              ``(i) `LTRA USFS-CA Land Exchange/North
                          Shore';
                              ``(ii) `LTRA USFS-CA Land Exchange/West
                          Shore'; and
                              ``(iii) `LTRA USFS-CA Land Exchange/South
                          Shore'; and
                        ``(B) dated January 4, 2016, and on file and
                    available for public inspection in the appropriate
                    offices of--
                              ``(i) the Forest Service;
                              ``(ii) the California Tahoe Conservancy; and
                              ``(iii) the California Department of Parks and
                          Recreation.
                ``(11) National wildland fire code.--The term `national
            wildland fire code' means--
                        ``(A) the most recent publication of the National
                    Fire Protection Association codes numbered 1141, 1142,
                    1143, and 1144;
                        ``(B) the most recent publication of the
                    International Wildland-Urban Interface Code of the
                    International Code Council; or
                        ``(C) any other code that the Secretary determines
                    provides the same, or better, standards for protection
                    against wildland fire as a code described in
                    subparagraph (A) or (B).
                ``(12) Planning agency.--The term `Planning Agency' means
            the Tahoe Regional Planning Agency established under Public Law
            91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
                ``(13) Priority list.--The term `Priority List' means the
            environmental restoration priority list developed under section
            5(b).
                ``(14) Secretary.--The term `Secretary' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.

    [[Page 130 STAT. 1782]]

                ``(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

    [[Page 130 STAT. 1783]]

                        ``(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

    [[Page 130 STAT. 1784]]

    Agency and the States of California and Nevada, may carry out or provide
    financial assistance to any program that--
                ``(1) is described in subsection (d);
                ``(2) is included in the Priority List under subsection (b);
            and
                ``(3) furthers the purposes of the Environmental Improvement
            Program if the program has been subject to environmental review
            and approval, respectively, as required under Federal law,
            Article VII of the Compact, and State law, as applicable.

        ``(b) Priority List.--
                ``(1) Deadline.--Not later than March 15 of the year after
            the date of enactment of the Water Resources Development Act of
            2016, the Chair, in consultation with the Secretary, the
            Administrator, the Directors, the Planning Agency, the States of
            California and Nevada, the Federal Partnership, the Washoe
            Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe
            Science Consortium (or a successor organization) shall submit to
            Congress a prioritized Environmental Improvement Program list
            for the Lake Tahoe Basin for the program categories described in
            subsection (d).
                ``(2) Criteria.--The ranking of the Priority List shall be
            based on the best available science and the following criteria:
                        ``(A) The 4-year threshold carrying capacity
                    evaluation.
                        ``(B) The ability to measure progress or success of
                    the program.
                        ``(C) The potential to significantly contribute to
                    the achievement and maintenance of the environmental
                    threshold carrying capacities identified in Article II
                    of the Compact.
                        ``(D) The ability of a program to provide multiple
                    benefits.
                        ``(E) The ability of a program to leverage non-
                    Federal contributions.
                        ``(F) Stakeholder support for the program.
                        ``(G) The justification of Federal interest.
                        ``(H) Agency priority.
                        ``(I) Agency capacity.
                        ``(J) Cost-effectiveness.
                        ``(K) Federal funding history.
                ``(3) Revisions.--The Priority List submitted under
            paragraph (1) shall be revised every 2 years.
                ``(4) Funding.--Of the amounts made available under section
            10(a), $80,000,000 shall be made available to the Secretary to
            carry out projects listed on the Priority List.

        ``(c) Restriction.--The Administrator shall use not more than 3
    percent of the funds provided under subsection (a) for administering the
    programs described in paragraphs (1) and (2) of subsection (d).
        ``(d) Description of Activities.--
                ``(1) Fire risk reduction and forest management.--
                        ``(A) In general.--Of the amounts made available
                    under section 10(a), $150,000,000 shall be made
                    available to the Secretary to carry out, including by
                    making grants, the following programs:
                              ``(i) Programs identified as part of the Lake
                          Tahoe Basin Multi-Jurisdictional Fuel Reduction
                          and Wildfire Prevention Strategy 10-Year Plan.

    [[Page 130 STAT. 1785]]

                              ``(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

    [[Page 130 STAT. 1786]]

                                                ``(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

    [[Page 130 STAT. 1787]]

                    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

    [[Page 130 STAT. 1788]]

            Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General
            Investigations funds to provide programmatic technical
            assistance for the Environmental Improvement Program.
                ``(2) Local cooperation agreements.--
                        ``(A) In general.--Before providing technical
                    assistance under this section, the Assistant Secretary
                    shall enter into a local cooperation agreement with a
                    non-Federal interest to provide for the technical
                    assistance.
                        ``(B) Components.--The agreement entered into under
                    subparagraph (A) shall--
                              ``(i) describe the nature of the technical
                          assistance;
                              ``(ii) describe any legal and institutional
                          structures necessary to ensure the effective long-
                          term viability of the end products by the non-
                          Federal interest; and
                              ``(iii) include cost-sharing provisions in
                          accordance with subparagraph (C).
                        ``(C) Federal share.--
                              ``(i) In general.--The Federal share of
                          program costs under each local cooperation
                          agreement under this paragraph shall be 65
                          percent.
                              ``(ii) Form.--The Federal share may be in the
                          form of reimbursements of program costs.
                              ``(iii) Credit.--The non-Federal interest may
                          receive credit toward the non-Federal share for
                          the reasonable costs of related technical
                          activities completed by the non-Federal interest
                          before entering into a local cooperation agreement
                          with the Assistant Secretary under this paragraph.

        ``(d) Effectiveness Evaluation and Monitoring.--In carrying out this
    Act, the Secretary, the Administrator, and the Directors, in
    coordination with the Planning Agency and the States of California and
    Nevada, shall--
                ``(1) develop and implement a plan for integrated
            monitoring, assessment, and applied research to evaluate the
            effectiveness of the Environmental Improvement Program;
                ``(2) include funds in each program funded under this
            section for monitoring and assessment of results at the program
            level; and
                ``(3) use the integrated multiagency performance measures
            established under this section.

        ``(e) Reporting Requirements.--Not later than March 15 of each year,
    the Secretary, in cooperation with the Chair, the Administrator, the
    Directors, the Planning Agency, and the States of California and Nevada,
    consistent with subsection (a), shall submit to Congress a report that
    describes--
                ``(1) the status of all Federal, State, local, and private
            programs authorized under this Act, including to the maximum
            extent practicable, for programs that will receive Federal funds
            under this Act during the current or subsequent fiscal year--
                        ``(A) the program scope;
                        ``(B) the budget for the program; and
                        ``(C) the justification for the program, consistent
                    with the criteria established in section 5(b)(2);
                ``(2) Federal, State, local, and private expenditures in the
            preceding fiscal year to implement the Environmental Improvement
            Program;

    [[Page 130 STAT. 1789]]

                ``(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--

    [[Page 130 STAT. 1790]]

                ``(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'.

    [[Page 130 STAT. 1791]]

                              ``(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

    [[Page 130 STAT. 1792]]

                              ``(iii) be subject to the condition that the
                          applicable deed include such terms, restrictions,
                          covenants, conditions, and reservations as the
                          Secretary determines necessary--
                                        ``(I) to ensure compliance with this
                                    Act; and
                                        ``(II) to ensure that the
                                    development rights associated with the
                                    conveyed parcels shall not be recognized
                                    or available for transfer under section
                                    90.2 of the Code of Ordinances for the
                                    Tahoe Regional Planning Agency.
                        ``(D) Continuation of special use permits.--The land
                    conveyance under this paragraph shall be subject to the
                    condition that the State of Nevada accept all special
                    use permits applicable, as of the date of enactment of
                    the Water Resources Development Act of 2016, to the land
                    described in subparagraph (B)(ii) for the duration of
                    the special use permits, and subject to the terms and
                    conditions of the special use permits.
                ``(4) Authorization for conveyance of forest service urban
            lots.--
                        ``(A) Conveyance authority.--Except in the case of
                    land described in paragraphs (2) and (3), the Secretary
                    of Agriculture may convey any urban lot within the Lake
                    Tahoe Basin under the administrative jurisdiction of the
                    Forest Service.
                        ``(B) Consideration.--A conveyance under
                    subparagraph (A) shall require consideration in an
                    amount equal to the fair market value of the conveyed
                    lot.
                        ``(C) Availability and use.--The proceeds from a
                    conveyance under subparagraph (A) shall be retained by
                    the Secretary of Agriculture and used for--
                              ``(i) purchasing inholdings throughout the
                          Lake Tahoe Basin; or
                              ``(ii) providing additional funds to carry out
                          the Lake Tahoe Restoration Act (Public Law 106-
                          506; 114 Stat. 2351) in excess of amounts made
                          available under section 10 of that Act.
                        ``(D) Obligation limit.--The obligation and
                    expenditure of proceeds retained under this paragraph
                    shall be subject to such fiscal year limitation as may
                    be specified in an Act making appropriations for the
                    Forest Service for a fiscal year.
                ``(5) Reversion.--If a parcel of land transferred under
            paragraph (2) or (3) is used in a manner that is inconsistent
            with the use described for the parcel of land in paragraph (2)
            or (3), respectively, the parcel of land, shall, at the
            discretion of the Secretary, revert to the United States.
                ``(6) Funding.--
                        ``(A) In general.--Of the amounts made available
                    under section 10(a) of the Lake Tahoe Restoration Act
                    (Public Law 106-506; 114 Stat. 2351), $2,000,000 shall
                    be made available to the Secretary to carry out the
                    activities under paragraphs (2), (3), and (4).
                        ``(B) Other funds.--Of the amounts available to the
                    Secretary under paragraph (1), not less than 50 percent
                    shall be provided to the California Tahoe Conservancy to

    [[Page 130 STAT. 1793]]

                    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.

    [[Page 130 STAT. 1794]]

        ``(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.

    [[Page 130 STAT. 1795]]

        (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''.

    [[Page 130 STAT. 1796]]

                (7) Parcel d.--The term ``Parcel D'' means the approximately
            1.76 acres designated on the map as ``Easement to Banning''.
                (8) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (9) Tribe.--The term ``Tribe'' means the Morongo Band of
            Mission Indians, a federally recognized Indian tribe.

        (b) Transfer of Lands; Trust Lands, Easement.--
                (1) Transfer of parcel a and parcel b and easement over
            parcel d.--Subject to any valid existing rights of any third
            parties and to legal review and approval of the form and content
            of any and all instruments of conveyance and policies of title
            insurance, upon receipt by the Secretary of confirmation that
            Fields has duly executed and deposited with a mutually
            acceptable and jointly instructed escrow holder in California a
            deed conveying clear and unencumbered title to Parcel A to the
            United States in trust for the exclusive use and benefit of the
            Tribe, and upon receipt by Fields of confirmation that the
            Secretary has duly executed and deposited into escrow with the
            same mutually acceptable and jointly instructed escrow holder a
            patent conveying clear and unencumbered title in fee simple to
            Parcel B to Fields and has duly executed and deposited into
            escrow with the same mutually acceptable and jointly instructed
            escrow holder an easement to the City for a public right-of-way
            over Parcel D, the Secretary shall instruct the escrow holder to
            simultaneously cause--
                        (A) the patent to Parcel B to be recorded and issued
                    to Fields;
                        (B) the easement over Parcel D to be recorded and
                    issued to the City; and
                        (C) the deed to Parcel A to be delivered to the
                    Secretary, who shall immediately cause said deed to be
                    recorded and held in trust for the Tribe.
                (2) Transfer of parcel c.--After the simultaneous transfer
            of parcels A, B, and D under paragraph (1), upon receipt by the
            Secretary of confirmation that the City has vacated its interest
            in Parcel C pursuant to all applicable State and local laws, the
            Secretary shall immediately cause Parcel C to be held in trust
            for the Tribe subject to--
                        (A) any valid existing rights of any third parties;
                    and
                        (B) legal review and approval of the form and
                    content of any and all instruments of conveyance.
    SEC. 3608. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW NATION
                              WATER SETTLEMENT.

        (a) Purposes.--The purposes of this section are--
                (1) to permanently resolve and settle those claims to
            Settlement Area Waters of the Choctaw Nation of Oklahoma and the
            Chickasaw Nation as set forth in the Settlement Agreement and
            this section, including all claims or defenses in and to
            Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927
            (W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D. Ok.),
            or any future stream adjudication;
                (2) to approve, ratify, and confirm the Settlement
            Agreement;

    [[Page 130 STAT. 1797]]

                (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.

    [[Page 130 STAT. 1798]]

                (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.

    [[Page 130 STAT. 1799]]

                              (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.--

    [[Page 130 STAT. 1800]]

                        (A) In general.--Except as modified by this section,
                    and to the extent the Settlement Agreement does not
                    conflict with this section, the Settlement Agreement is
                    authorized, ratified, and confirmed.
                        (B) Amendments.--If an amendment is executed to make
                    the Settlement Agreement consistent with this section,
                    the amendment is also authorized, ratified and confirmed
                    to the extent the amendment is consistent with this
                    section.
                (2) Execution of settlement agreement.--
                        (A) In general.--To the extent the Settlement
                    Agreement does not conflict with this section, the
                    Secretary of the Interior shall promptly execute the
                    Settlement Agreement, including all exhibits to or parts
                    of the Settlement Agreement requiring the signature of
                    the Secretary of the Interior and any amendments
                    necessary to make the Settlement Agreement consistent
                    with this section.
                        (B) Not a major federal action.--Execution of the
                    Settlement Agreement by the Secretary of the Interior
                    under this subsection shall not constitute a major
                    Federal action under the National Environmental Policy
                    Act of 1969 (42 U.S.C. 4321 et seq.).

        (d) Approval of the Amended Storage Contract and 1974 Storage
    Contract.--
                (1) Ratification.--
                        (A) In general.--Except to the extent any provision
                    of the amended storage contract conflicts with any
                    provision of this section, the amended storage contract
                    is authorized, ratified, and confirmed.
                        (B) 1974 storage contract.--To the extent the
                    amended storage contract, as authorized, ratified, and
                    confirmed, modifies or amends the 1974 storage contract,
                    the modification or amendment to the 1974 storage
                    contract is authorized, ratified, and confirmed.
                        (C) Amendments.--To the extent an amendment is
                    executed to make the amended storage contract consistent
                    with this section, the amendment is authorized,
                    ratified, and confirmed.
                (2) Approval by the secretary.--After the State and the City
            execute the amended storage contract, the Secretary shall
            approve the amended storage contract.
                (3) Modification of september 11, 2009, order in united
            states v. oklahoma water resources board, civ 98-00521 (n.d.
            ok).--The Secretary, through counsel, shall cooperate and work
            with the State to file any motion and proposed order to modify
            or amend the order of the United States District Court for the
            Northern District of Oklahoma dated September 11, 2009,
            necessary to conform the order to the amended storage contract
            transfer agreement, the Settlement Agreement, and this section.
                (4) Conservation storage capacity.--The allocation of the
            use of the conservation storage capacity in Sardis Lake for
            administrative set-aside subcontracts, City water supply, and
            fish and wildlife and recreation as provided by the amended
            storage contract is authorized, ratified and approved.
                (5) Activation; waiver.--
                        (A) Findings.--Congress finds that--

    [[Page 130 STAT. 1801]]

                              (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

    [[Page 130 STAT. 1802]]

                        (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.--

    [[Page 130 STAT. 1803]]

                              (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

    [[Page 130 STAT. 1804]]

                                    United States and OWRB required by
                                    subparagraph (B)(i). If such
                                    certification is not included with the
                                    complaint, the complaint will be deemed
                                    filed 90 days after such certification
                                    is complete and filed with the court.
                                    Within 60 days after the complaint is
                                    filed or deemed filed or within such
                                    extended time as the District Court in
                                    its discretion may permit, the United
                                    States may appear or intervene. After
                                    such appearance, intervention or the
                                    expiration of the said 60 days or any
                                    extension thereof, the proceedings and
                                    judgment in such action shall bind the
                                    United States and the parties thereto
                                    without regard to whether the United
                                    States elects to appear or intervene in
                                    such action.
                              (iii) Requirements.--An allottee filing an
                          action pursuant to this subparagraph shall--
                                        (I) join the OWRB as a party; and
                                        (II) publish notice in a newspaper
                                    of general circulation within the
                                    Settlement Area Hydrologic Basin for 2
                                    consecutive weeks, with the first
                                    publication appearing not later than 30
                                    days after the date on which the action
                                    is filed.
                              (iv) Determination final.--
                                        (I) In general.--Subject to
                                    subclause (II), if an allottee elects to
                                    have the rights of the allottee
                                    determined pursuant to this
                                    subparagraph, the determination shall be
                                    final as to any rights under Federal law
                                    and in lieu of any rights to use water
                                    on an allotment as provided in paragraph
                                    (5).
                                        (II) Reservation of rights.--
                                    Subclause (I) shall not preclude an
                                    allottee from--
                                                (aa) applying to the OWRB
                                            for water rights pursuant to
                                            State law; or
                                                (bb) using any rights
                                            allowed by State law that do not
                                            require a permit from the OWRB.
                (7) OWRB administration and enforcement.--
                        (A) In general.--If an allottee exercises any right
                    under paragraph (5) or has rights determined under
                    paragraph (6)(B), the OWRB shall have jurisdiction to
                    administer those rights.
                        (B) Challenges.--An allottee may challenge OWRB
                    administration of rights determined under this
                    paragraph, in the United States District Court for the
                    Western District of Oklahoma.
                (8) Prior existing state law rights.--Water rights held by
            an allottee as of the enforceability date pursuant to a permit
            issued by the OWRB shall be governed by the terms of that permit
            and applicable State law (including regulations).

        (f) City Permit for Appropriation of Stream Water From the Kiamichi
    River.--The City permit shall be processed, evaluated, issued, and
    administered consistent with and in accordance with the Settlement
    Agreement and this section.
        (g) Settlement Commission.--
                (1) Establishment.--There is established a Settlement
            Commission.

    [[Page 130 STAT. 1805]]

                (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

    [[Page 130 STAT. 1806]]

                    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;

    [[Page 130 STAT. 1807]]

                        (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

    [[Page 130 STAT. 1808]]

                          water on an allotment with the permission of an
                          allottee;
                              (iv) claims that the State lacks authority
                          over the allocation and management of water and
                          administration of water rights, including
                          authority over the ownership of or rights to use
                          water diverted or taken from a location within the
                          State;
                              (v) any other claim relating to the ownership
                          of water, regulation of water, or authorized
                          diversion, storage, or use of water diverted or
                          taken from a location within the State, which
                          claim is based on the status of the Chickasaw
                          Nation's or the Choctaw Nation's unique sovereign
                          status and rights as defined by Federal law and
                          alleged to arise from treaties to which they are
                          signatories, including but not limited to the
                          Treaty of Dancing Rabbit Creek, Act of Sept. 30,
                          1830, 7 Stat. 333, Treaty of Doaksville, Act of
                          Jan. 17, 1837, 11 Stat. 573, and the related March
                          23, 1842, patent to the Choctaw Nation; and
                              (vi) claims or defenses asserted or which
                          could have been asserted in Chickasaw Nation,
                          Choctaw Nation v. Fallin et al., CIV 11-927 (W.D.
                          Ok.), OWRB v. United States, et al. CIV 12-275
                          (W.D. Ok.), or any general stream adjudication;
                        (B) all claims for damages, losses or injuries to
                    water rights or water, or claims of interference with,
                    diversion, storage, taking, or use of water (including
                    claims for injury to land resulting from the damages,
                    losses, injuries, interference with, diversion, storage,
                    taking, or use of water) attributable to any action by
                    the State, the OWRB, or any water user authorized
                    pursuant to State law to take or use water in the State,
                    including the City, that accrued during the period
                    ending on the enforceability date;
                        (C) all claims and objections relating to the
                    amended permit application, and the City permit,
                    including--
                              (i) all claims regarding regulatory control
                          over or OWRB jurisdiction relating to the permit
                          application and permit; and
                              (ii) all claims for damages, losses or
                          injuries to water rights or rights to use water,
                          or claims of interference with, diversion,
                          storage, taking, or use of water (including claims
                          for injury to land resulting from the damages,
                          losses, injuries, interference with, diversion,
                          storage, taking, or use of water) attributable to
                          the issuance and lawful exercise of the City
                          permit;
                        (D) all claims to regulatory control over the Permit
                    Numbers P80-48 and 54-613 for water rights from the
                    Muddy Boggy River for Atoka Reservoir and P73-282D for
                    water rights from the Muddy Boggy River, including McGee
                    Creek, for the McGee Creek Reservoir;
                        (E) all claims that the State lacks regulatory
                    authority over or OWRB jurisdiction relating to Permit
                    Numbers P80-48 and 54-613 for water rights from the
                    Muddy Boggy River for Atoka Reservoir and P73-282D for
                    water rights from the Muddy Boggy River, including McGee
                    Creek, for the McGee Creek Reservoir;

    [[Page 130 STAT. 1809]]

                        (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

    [[Page 130 STAT. 1810]]

                          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;

    [[Page 130 STAT. 1811]]

                        (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.

    [[Page 130 STAT. 1812]]

                (4) Extension.--The expiration date under paragraph (2) may
            be extended in writing if the Nations, the State, the OWRB, the
            United States, and the City agree that an extension is
            warranted.

        (j) Jurisdiction, Waivers of Immunity for Interpretation and
    Enforcement.--
                (1) Jurisdiction.--
                        (A) In general.--
                              (i) Exclusive jurisdiction.--The United States
                          District Court for the Western District of
                          Oklahoma shall have exclusive jurisdiction for all
                          purposes and for all causes of action relating to
                          the interpretation and enforcement of the
                          Settlement Agreement, the amended storage
                          contract, or interpretation or enforcement of this
                          section, including all actions filed by an
                          allottee pursuant to subsection (e)(6)(B).
                              (ii) Right to bring action.--The Choctaw
                          Nation, the Chickasaw Nation, the State, the City,
                          the Trust, and the United States shall each have
                          the right to bring an action pursuant to this
                          section.
                              (iii) No action in other courts.--No action
                          may be brought in any other Federal, Tribal, or
                          State court or administrative forum for any
                          purpose relating to the Settlement Agreement,
                          amended storage contract, or this section.
                              (iv) No monetary judgment.--Nothing in this
                          section authorizes any money judgment or otherwise
                          allows the payment of funds by the United States,
                          the Nations, the State (including the OWRB), the
                          City, or the Trust.
                        (B) Notice and conference.--An entity seeking to
                    interpret or enforce the Settlement Agreement shall
                    comply with the following:
                              (i) Any party asserting noncompliance or
                          seeking interpretation of the Settlement Agreement
                          or this section shall first serve written notice
                          on the party alleged to be in breach of the
                          Settlement Agreement or violation of this section.
                              (ii) The notice under clause (i) shall
                          identify the specific provision of the Settlement
                          Agreement or this section alleged to have been
                          violated or in dispute and shall specify in detail
                          the contention of the party asserting the claim
                          and any factual basis for the claim.
                              (iii) Representatives of the party alleging a
                          breach or violation and the party alleged to be in
                          breach or violation shall meet not later than 30
                          days after receipt of notice under clause (i) in
                          an effort to resolve the dispute.
                              (iv) If the matter is not resolved to the
                          satisfaction of the party alleging breach not
                          later than 90 days after the original notice under
                          clause (i), the party may take any appropriate
                          enforcement action consistent with the Settlement
                          Agreement and this subsection.
                (2) Limited waivers of sovereign immunity.--

    [[Page 130 STAT. 1813]]

                        (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

    [[Page 130 STAT. 1814]]

                              (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. <<NOTE: Blackfeet Water Rights Settlement Act.>>  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--

    [[Page 130 STAT. 1815]]

                        (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--

    [[Page 130 STAT. 1816]]

                        (A) established by the Treaty of October 17, 1855
                    (11 Stat. 657); and
                        (B) modified by--
                              (i) the Executive order of July 5, 1873
                          (relating to the Blackfeet Reserve);
                              (ii) the Act of April 15, 1874 (18 Stat. 28,
                          chapter 96);
                              (iii) the Executive order of August 19, 1874
                          (relating to the Blackfeet Reserve);
                              (iv) the Executive order of April 13, 1875
                          (relating to the Blackfeet Reserve);
                              (v) the Executive order of July 13, 1880
                          (relating to the Blackfeet Reserve);
                              (vi) the Agreement with the Blackfeet,
                          ratified by the Act of May 1, 1888 (25 Stat. 113,
                          chapter 213); and
                              (vii) the Agreement with the Blackfeet,
                          ratified by the Act of June 10, 1896 (29 Stat.
                          353, chapter 398).
                (15) St. mary river water right.--The term ``St. Mary River
            water right'' means that portion of the Tribal water rights
            described in article III.G.1.a.i. of the Compact and this
            subtitle.
                (16) St. mary unit.--
                        (A) In general.--The term ``St. Mary Unit'' means
                    the St. Mary Storage Unit of the Milk River Project
                    authorized by Congress on March 25, 1905.
                        (B) Inclusions.--The term ``St. Mary Unit''
                    includes--
                              (i) Sherburne Dam and Reservoir;
                              (ii) Swift Current Creek Dike;
                              (iii) Lower St. Mary Lake;
                              (iv) St. Mary Canal Diversion Dam; and
                              (v) St. Mary Canal and appurtenances.
                (17) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (18) State.--The term ``State'' means the State of Montana.
                (19) Swiftcurrent creek bank stabilization project.--The
            term ``Swiftcurrent Creek Bank Stabilization Project'' means the
            project to mitigate the physical and environmental problems
            associated with the St. Mary Unit from Sherburne Dam to the St.
            Mary River, as described in the report entitled ``Boulder/
            Swiftcurrent Creek Stabilization Project, Phase II
            Investigations Report'', prepared by DOWL HKM, and dated March
            2012.
                (20) Tribal water rights.--The term ``Tribal water rights''
            means the water rights of the Tribe described in article III of
            the Compact and this subtitle, including--
                        (A) the Lake Elwell allocation provided to the Tribe
                    under section 3709; and
                        (B) the instream flow water rights described in
                    section 3719.
                (21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe of
            the Blackfeet Indian Reservation of Montana.
    SEC. 3704. RATIFICATION OF COMPACT.

        (a) Ratification.--

    [[Page 130 STAT. 1817]]

                (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

    [[Page 130 STAT. 1818]]

                        (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.

    [[Page 130 STAT. 1819]]

                (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--

    [[Page 130 STAT. 1820]]

                              (i) limited to not greater than 5,000 acre-
                          feet of water in any 1 year;
                              (ii) consistent with operations of the Milk
                          River Project and without additional costs to the
                          Bureau of Reclamation, including OM&R costs; and
                              (iii) without additional cost to the Milk
                          River Project water users; and
                        (F) the Tribe shall be required to pay OM&R for
                    water delivered under this section.

        (d) Shortage Sharing or Reduction.--
                (1) In general.--The 5,000 acre-feet per year of water
            delivered under paragraph (3)(E)(i) of subsection (c) shall not
            be subject to shortage sharing or reduction, except as provided
            in paragraph (3)(D) of that subsection.
                (2) No injury to milk river project water users.--
            Notwithstanding article IV.D.4 of the Compact, any reduction in
            the Milk River Project water supply caused by the delivery of
            water under subsection (c) shall not constitute injury to Milk
            River Project water users.

        (e) Subsequent Contracts.--
                (1) In general.--As part of the studies authorized by
            section 3707(c)(1), the Secretary, acting through the
            Commissioner of Reclamation, and in cooperation with the Tribe,
            shall identify alternatives to provide to the Tribe water from
            the St. Mary River water right in quantities greater than the
            5,000 acre-feet per year of water described in subsection
            (c)(3)(E)(i).
                (2) Contract for water delivery.--If the Secretary
            determines under paragraph (1) that more than 5,000 acre-feet
            per year of the St. Mary River water right can be delivered to
            the Tribe, the Secretary shall offer to enter into 1 or more
            contracts with the Tribe for the delivery of that water, subject
            to the requirements of subsection (c)(3) (except subsection
            (c)(3)(E)(i)) and this subsection.
                (3) Treatment.--Any delivery of water under this subsection
            shall be subject to reduction in the same manner as for Milk
            River Project contract holders.

        (f) Subcontracts.--
                (1) In general.--The Tribe may enter into any subcontract
            for the delivery of water under this section to a third party,
            in accordance with section 3715(e).
                (2) Compliance with other law.--All subcontracts described
            in paragraph (1) shall comply with--
                        (A) this subtitle;
                        (B) the Compact;
                        (C) the tribal water code; and
                        (D) other applicable law.
                (3) No liability.--The Secretary shall not be liable to any
            party, including the Tribe, for any term of, or any loss or
            other detriment resulting from, a lease, contract, or other
            agreement entered into pursuant to this subsection.

        (g) Effect of Provisions.--Nothing in this section--
                (1) precludes the Tribe from taking the water described in
            subsection (c)(3)(E)(i), or any additional water provided under
            subsection (e), from the direct flow of the St. Mary River; or

    [[Page 130 STAT. 1821]]

                (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).

    [[Page 130 STAT. 1822]]

                (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

    [[Page 130 STAT. 1823]]

                    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

    [[Page 130 STAT. 1824]]

                        (B) may be extended by the Secretary at the request
                    of the Tribe.
                (3) OM&R costs.--Effective beginning on the date that is 10
            years after the date on which the Tribe begins marketing
            hydroelectric power generated from the St. Mary Unit to any
            third party, the Tribe shall make annual payments for OM&R costs
            attributable to the direct use of any facilities by the Tribe
            for hydroelectric power generation, in amounts determined in
            accordance with the guidelines and methods of the Bureau of
            Reclamation for assessing OM&R charges.

        (c) Bureau of Reclamation Cooperation.--The Commissioner of
    Reclamation shall cooperate with the Tribe in the development of any
    hydroelectric power generation project under this section.
        (d) Agreement.--Before construction of a hydroelectric power
    generation project under this section, the Tribe shall enter into an
    agreement with the Commissioner of Reclamation that includes
    provisions--
                (1) requiring that--
                        (A) the design, construction, and operation of the
                    project shall be consistent with the Bureau of
                    Reclamation guidelines and methods for hydroelectric
                    power development at Bureau facilities, as appropriate;
                    and
                        (B) the hydroelectric power generation project will
                    not impair the efficiencies of the Milk River Project
                    for authorized purposes;
                (2) regarding construction and operating criteria and
            emergency procedures; and
                (3) under which any modification proposed by the Tribe to a
            facility owned by the Bureau of Reclamation shall be subject to
            review and approval by the Secretary, acting through the
            Commissioner of Reclamation.

        (e) Use of Hydroelectric Power by Tribe.--Any hydroelectric power
    generated in accordance with this section shall be used or marketed by
    the Tribe.
        (f) Revenues.--The Tribe shall collect and retain any revenues from
    the sale of hydroelectric power generated by a project under this
    section.
        (g) Liability of United States.--The United States shall have no
    obligation to monitor, administer, or account for--
                (1) any revenues received by the Tribe under this section;
            or
                (2) the expenditure of those revenues.

        (h) Preference.--During any period for which the exclusive right of
    the Tribe described in subsection (b)(1) is not in effect, the Tribe
    shall have a preference to develop hydropower on the St. Mary Unit
    facilities, in accordance with Bureau of Reclamation guidelines and
    methods for hydroelectric power development at Bureau facilities.
    SEC. 3709. STORAGE ALLOCATION FROM LAKE ELWELL.

        (a)(1) Storage Allocation to Tribe.--The Secretary shall allocate to
    the Tribe 45,000 acre-feet per year of water stored in Lake Elwell for
    use by the Tribe for any beneficial purpose on or off the Reservation,
    under a water right held by the United States and managed by the Bureau
    of Reclamation, as measured

    [[Page 130 STAT. 1825]]

    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--

    [[Page 130 STAT. 1826]]

                              (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;

    [[Page 130 STAT. 1827]]

                        (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).

    [[Page 130 STAT. 1828]]

        (h) Administration.--The Commissioner of Reclamation and the Tribe
    shall negotiate the cost of any oversight activity carried out by the
    Bureau of Reclamation under any agreement entered into under subsection
    (m), subject to the condition that the total cost for the oversight
    shall not exceed 4 percent of the total project costs for each project.
        (i) Project Efficiencies.--If the total cost of planning, design,
    and construction activities relating to the projects described in this
    section results in cost savings and is less than the amounts authorized
    to be obligated, the Secretary, at the request of the Tribe, may--
                (1) use those cost savings to carry out a project described
            in section 3707(d), 3711, 3712, or 3713; or
                (2) deposit those cost savings to the Blackfeet OM&R Trust
            Account.

        (j) Ownership by Tribe of Birch Creek Delivery Facilities.--
    Notwithstanding any other provision of law, the Secretary shall transfer
    to the Tribe, at no cost, title in and to the facilities constructed
    under subsection (d)(2)(C).
        (k) Ownership, Operation, and Maintenance.--On transfer to the Tribe
    of title under subsection (j), the Tribe shall--
                (1) be responsible for OM&R in accordance with the Birch
            Creek Agreement; and
                (2) enter into an agreement with the Bureau of Indian
            Affairs regarding the operation of the facilities described in
            that subsection.

        (l) Liability of United States.--The United States shall have no
    obligation or responsibility with respect the facilities described in
    subsection (d)(2)(C).
        (m) Applicability of ISDEAA.--At the request of the Tribe, and in
    accordance with the Indian Self-Determination and Education Assistance
    Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more
    agreements with the Tribe to carry out this section.
        (n) Effect.--Nothing in this section--
                (1) alters any applicable law (including regulations) under
            which the Bureau of Indian Affairs collects assessments or
            carries out Blackfeet Irrigation Project OM&R; or
                (2) impacts the availability of amounts made available under
            subsection (a)(1)(B) of section 3718.
    SEC. 3711. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.

        (a) In General.--Subject to the availability of appropriations, the
    Secretary, acting through the Commissioner of Reclamation, shall plan,
    design, and construct the water diversion and delivery features of the
    MR&I System in accordance with 1 or more agreements between the
    Secretary and the Tribe.
        (b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
    agency with respect to any activity to design and construct the water
    diversion and delivery features of the MR&I System.
        (c) Scope.--
                (1) In general.--The scope of the design and construction
            under this section shall be as generally described in the
            document entitled ``Blackfeet Regional Water System'', prepared
            by DOWL HKM, dated June 2010, and modified by DOWL HKM in the
            addendum to the report dated March 2013, subject

    [[Page 130 STAT. 1829]]

            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

    [[Page 130 STAT. 1830]]

    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

    [[Page 130 STAT. 1831]]

    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.

    [[Page 130 STAT. 1832]]

        (b) Landowner Easements and Rights-of-Way.--In partial consideration
    for the construction activities authorized by section 3711, and as a
    condition of receiving service from the MR&I System, a landowner shall
    grant, at no cost to the United States or the Tribe, such easements and
    rights-of-way over the land of the landowner as may be necessary for the
    construction of the MR&I System.
        (c) Land Acquired by United States or Tribe.--Any land acquired
    within the boundaries of the Reservation by the United States on behalf
    of the Tribe, or by the Tribe on behalf of the Tribe, in connection with
    achieving the purposes of this subtitle shall be held in trust by the
    United States for the benefit of the Tribe.
    SEC. 3715. TRIBAL WATER RIGHTS.

        (a) Confirmation of Tribal Water Rights.--
                (1) In general.--The Tribal water rights are ratified,
            confirmed, and declared to be valid.
                (2) Use.--Any use of the Tribal water rights shall be
            subject to the terms and conditions of the Compact and this
            subtitle.
                (3) Conflict.--In the event of a conflict between the
            Compact and this subtitle, the provisions of this subtitle shall
            control.

        (b) Intent of Congress.--It is the intent of Congress to provide to
    each allottee benefits that are equivalent to, or exceed, the benefits
    the allottees possess on the day before the date of enactment of this
    Act, taking into consideration--
                (1) the potential risks, cost, and time delay associated
            with litigation that would be resolved by the Compact and this
            subtitle;
                (2) the availability of funding under this subtitle and from
            other sources;
                (3) the availability of water from the Tribal water rights;
            and
                (4) the applicability of section 7 of the Act of February 8,
            1887 (25 U.S.C. 381), and this subtitle to protect the interests
            of allottees.

        (c) Trust Status of Tribal Water Rights.--The Tribal water rights--
                (1) shall be held in trust by the United States for the use
            and benefit of the Tribe and the allottees in accordance with
            this subtitle; and
                (2) shall not be subject to forfeiture or abandonment.

        (d) Allottees.--
                (1) Applicability of act of february 8, 1887.--The
            provisions of section 7 of the Act of February 8, 1887 (25
            U.S.C. 381), relating to the use of water for irrigation
            purposes, shall apply to the Tribal water rights.
                (2) Entitlement to water.--Any entitlement to water of an
            allottee under Federal law shall be satisfied from the Tribal
            water rights.
                (3) Allocations.--An allottee shall be entitled to a just
            and equitable allocation of water for irrigation purposes.
                (4) Claims.--
                        (A) Exhaustion of remedies.--Before asserting any
                    claim against the United States under section 7 of the
                    Act of February 8, 1887 (25 U.S.C. 381), or any other

    [[Page 130 STAT. 1833]]

                    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

    [[Page 130 STAT. 1834]]

                    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.

    [[Page 130 STAT. 1835]]

        (b) Accounts.--The Secretary shall establish in the Trust Fund the
    following accounts:
                (1) The Administration and Energy Account.
                (2) The OM&R Account.
                (3) The St. Mary Account.
                (4) The Blackfeet Water, Storage, and Development Projects
            Account.

        (c) Deposits.--The Secretary shall deposit in the Trust Fund--
                (1) in the Administration and Energy Account, the amount
            made available pursuant to section 3718(a)(1)(A);
                (2) in the OM&R Account, the amount made available pursuant
            to section 3718(a)(1)(B);
                (3) in the St. Mary Account, the amount made available
            pursuant to section 3718(a)(1)(C); and
                (4) in the Blackfeet Water, Storage, and Development
            Projects Account, the amount made available pursuant to section
            3718(a)(1)(D).

        (d) Management and Interest.--
                (1) Management.--The Secretary shall manage, invest, and
            distribute all amounts in the Trust Fund in a manner that is
            consistent with the investment authority of the Secretary
            under--
                        (A) the first section of the Act of June 24, 1938
                    (25 U.S.C. 162a);
                        (B) the American Indian Trust Fund Management Reform
                    Act of 1994 (25 U.S.C. 4001 et seq.); and
                        (C) this section.
                (2) Interest.--In addition to the deposits under subsection
            (c), any interest credited to amounts unexpended in the Trust
            Fund are authorized to be appropriated to be used in accordance
            with the uses described in subsection (h).

        (e) Availability of Amounts.--
                (1) In general.--Amounts appropriated to, and deposited in,
            the Trust Fund, including any investment earnings, shall be made
            available to the Tribe by the Secretary beginning on the
            enforceability date.
                (2) Funding for tribal implementation activities.--
            Notwithstanding paragraph (1), on approval pursuant to this
            subtitle and the Compact by a referendum vote of a majority of
            votes cast by members of the Tribe on the day of the vote, as
            certified by the Secretary and the Tribe and subject to the
            availability of appropriations, of the amounts in the
            Administration and Energy Account, $4,800,000 shall be made
            available to the Tribe for the implementation of this subtitle.

        (f) Withdrawals Under AIFRMRA.--
                (1) In general.--The Tribe may withdraw any portion of the
            funds in the Trust Fund on approval by the Secretary of a tribal
            management plan submitted by the Tribe in accordance with the
            American Indian Trust Fund Management Reform Act of 1994 (25
            U.S.C. 4001 et seq.).
                (2) Requirements.--
                        (A) In general.--In addition to the requirements
                    under the American Indian Trust Fund Management Reform
                    Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
                    management plan under paragraph (1) shall require that
                    the Tribe shall spend all amounts withdrawn from the
                    Trust Fund in accordance with this subtitle.

    [[Page 130 STAT. 1836]]

                        (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

    [[Page 130 STAT. 1837]]

                              (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.

    [[Page 130 STAT. 1838]]

        (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

    [[Page 130 STAT. 1839]]

                        (D) the amount of interest credited to the
                    unexpended amounts of the Blackfeet Water Settlement
                    Implementation Fund.

        (b) Adjustments.--
                (1) In general.--The adjustment of the amounts authorized to
            be appropriated pursuant to subsection (a)(1) shall occur each
            time an amount is appropriated for an account and shall add to,
            or subtract from, as applicable, the total amount authorized.
                (2) Repetition.--The adjustment process under this
            subsection shall be repeated for each subsequent amount
            appropriated until the amount authorized, as adjusted, has been
            appropriated.
                (3) Treatment.--The amount of an adjustment may be
            considered--
                        (A) to be authorized as of the date on which
                    congressional action occurs; and
                        (B) in determining the amount authorized to be
                    appropriated.
    SEC. 3719. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST AND
                              GLACIER NATIONAL PARK.

        The instream flow water rights of the Tribe on land within the Lewis
    and Clark National Forest and Glacier National Park--
                (1) are confirmed; and
                (2) shall be as described in the document entitled
            ``Stipulation to Address Claims by and for the Benefit of the
            Blackfeet Indian Tribe to Water Rights in the Lewis & Clark
            National Forest and Glacier National Park'' and as finally
            decreed by the Montana Water Court, or, if the Montana Water
            Court is found to lack jurisdiction, by the United States
            district court with jurisdiction.
    SEC. 3720. WAIVERS AND RELEASES OF CLAIMS.

        (a) In General.--
                (1) Waiver and release of claims by tribe and united states
            as trustee for tribe.--Subject to the reservation of rights and
            retention of claims under subsection (c), as consideration for
            recognition of the Tribal water rights and other benefits as
            described in the Compact and this subtitle, the Tribe, acting on
            behalf of the Tribe and members of the Tribe (but not any member
            of the Tribe as an allottee), and the United States, acting as
            trustee for the Tribe and the members of the Tribe (but not any
            member of the Tribe as an allottee), shall execute a waiver and
            release of all claims for water rights within the State that the
            Tribe, or the United States acting as trustee for the Tribe,
            asserted or could have asserted in any proceeding, including a
            State stream adjudication, on or before the enforceability date,
            except to the extent that such rights are recognized in the
            Compact and this subtitle.
                (2) Waiver and release of claims by united states as trustee
            for allottees.--Subject to the reservation of rights and the
            retention of claims under subsection (c), as consideration for
            recognition of the Tribal water rights and other benefits as
            described in the Compact and this subtitle, the United States,
            acting as trustee for allottees, shall execute a waiver and
            release of all claims for water rights within the Reservation
            that the United States, acting as trustee for

    [[Page 130 STAT. 1840]]

            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;

    [[Page 130 STAT. 1841]]

                              (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

    [[Page 130 STAT. 1842]]

                (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;

    [[Page 130 STAT. 1843]]

                (6) the Secretary has fulfilled the requirements of section
            3709(a);
                (7) the agreement or terms and conditions referred to in
            section 3705 are executed and final; and
                (8) the waivers and releases described in subsection (a)
            have been executed by the Tribe and the Secretary.

        (g) Tolling of Claims.--
                (1) In general.--Each applicable period of limitation and
            time-based equitable defense relating to a claim described in
            this section shall be tolled during the period beginning on the
            date of enactment of this Act and ending on the date on which
            the amounts made available to carry out this subtitle are
            transferred to the Secretary.
                (2) Effect of subsection.--Nothing in this subsection
            revives any claim or tolls any period of limitation or time-
            based equitable defense that expired before the date of
            enactment of this Act.

        (h) Expiration.--If all appropriations authorized by this subtitle
    have not been made available to the Secretary by January 21, 2026, or
    such alternative later date as is agreed to by the Tribe and the
    Secretary, the waivers and releases described in this section shall--
                (1) expire; and
                (2) have no further force or effect.

        (i) Voiding of Waivers.--If the waivers and releases described in
    this section are void under subsection (h)--
                (1) the approval of the United States of the Compact under
            section 3704 shall no longer be effective;
                (2) any unexpended Federal funds appropriated or made
            available to carry out the activities authorized by this
            subtitle, together with any interest earned on those funds, and
            any water rights or contracts to use water and title to other
            property acquired or constructed with Federal funds appropriated
            or made available to carry out the activities authorized under
            this subtitle shall be returned to the Federal Government,
            unless otherwise agreed to by the Tribe and the United States
            and approved by Congress; and
                (3) except for Federal funds used to acquire or develop
            property that is returned to the Federal Government under
            paragraph (2), the United States shall be entitled to offset any
            Federal funds appropriated or made available to carry out the
            activities authorized under this subtitle that were expended or
            withdrawn, together with any interest accrued, against any
            claims against the United States relating to water rights in the
            State asserted by the Tribe or any user of the Tribal water
            rights or in any future settlement of the water rights of the
            Tribe or an allottee.
    SEC. 3721. SATISFACTION OF CLAIMS.

        (a) Tribal Claims.--The benefits realized by the Tribe under this
    subtitle shall be in complete replacement of, complete substitution for,
    and full satisfaction of all--
                (1) claims of the Tribe against the United States waived and
            released pursuant to section 3720(a); and
                (2) objections withdrawn pursuant to section 3720(c).

    [[Page 130 STAT. 1844]]

        (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.

    [[Page 130 STAT. 1845]]

        (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)).

    [[Page 130 STAT. 1846]]

                         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

    [[Page 130 STAT. 1847]]

                ``(4) that demonstrably leverage the experience of
            international partners with considerable expertise in
            desalination, such as the State of Israel.

        ``(d) Water Production.--The Secretary shall provide, as part of the
    annual budget submission to Congress, an estimate of how much water has
    been produced and delivered in the past fiscal year using processes and
    facilities developed or demonstrated using assistance provided under
    sections 3 and 4. This submission shall include, to the extent
    practicable, available information on a detailed water accounting by
    process and facility and the cost per acre foot of water produced and
    delivered.''.
        (c) Authorization of Appropriations.--Section 8 of the Water
    Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
    amended--
                (1) in subsection (a), by striking ``2013'' and inserting
            ``2021''; and
                (2) in subsection (b), by striking ``for each of fiscal
            years 2012 through 2013'' and inserting ``for each of fiscal
            years 2017 through 2021''.

        (d) Consultation.--Section 9 of the Water Desalination Act of 1996
    (42 U.S.C. 10301 note; Public Law 104-298) is amended--
                (1) by striking the section designation and heading and all
            that follows through ``In carrying out'' in the first sentence
            and inserting the following:
    ``SEC. 9. CONSULTATION AND COORDINATION.

        ``(a) Consultation.--In carrying out'';
                (2) in the second sentence, by striking ``The
            authorization'' and inserting the following:

        ``(c) Other Desalination Programs.--The authorization''; and
                (3) by inserting after subsection (a) (as designated by
            paragraph (1)) the following:

        ``(b) Coordination of Federal Desalination Research and
    Development.--The White House Office of Science and Technology Policy
    shall develop a coordinated strategic plan that--
                ``(1) establishes priorities for future Federal investments
            in desalination;
                ``(2) coordinates the activities of Federal agencies
            involved in desalination, including the Bureau of Reclamation,
            the Corps of Engineers, the United States Army Tank Automotive
            Research, Development and Engineering Center, the National
            Science Foundation, the Office of Naval Research of the
            Department of Defense, the National Laboratories of the
            Department of Energy, the United States Geological Survey, the
            Environmental Protection Agency, and the National Oceanic and
            Atmospheric Administration;
                ``(3) strengthens research and development cooperation with
            international partners, such as the State of Israel, in the area
            of desalination technology; and
                ``(4) promotes public-private partnerships to develop a
            framework for assessing needs for, and to optimize siting and
            design of, future ocean desalination projects.''.

    [[Page 130 STAT. 1848]]

    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. <<NOTE: 16 USC 941.>>  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:

    [[Page 130 STAT. 1849]]

                        ``(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

    [[Page 130 STAT. 1850]]

                          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'';

    [[Page 130 STAT. 1851]]

                        (B) in subparagraph (A), by striking ``$4,600,000''
                    and inserting ``$2,000,000''; and
                        (C) in subparagraph (B), by striking ``$700,000''
                    and inserting ``$300,000''; and
                (3) in paragraph (2), by striking ``the activities of'' and
            all that follows through ``section 1007'' and inserting ``the
            activities of the Upper Great Lakes Fish and Wildlife
            Conservation Offices and the Lower Great Lakes Fish and Wildlife
            Conservation Office under section 1007''.

        (g) Prohibition on Use of Funds for Federal Acquisition of Interests
    in Land.--Section 1009 (16 U.S.C. 941g) is further amended--
                (1) by inserting before the sentence the following:

        ``(a) Authorization.--''; and
                (2) by adding at the end the following:

        ``(b) Prohibition on Use of Funds for Federal Acquisition of
    Interests in Land.--No funds appropriated or used to carry out this Act
    may be used for acquisition by the Federal Government of any interest in
    land.''.
        (h) Conforming Amendment.--Section 8 of the Great Lakes Fish and
    Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109-
    326) is repealed.

                          Subtitle J--California Water

    SEC. 4001. OPERATIONS AND REVIEWS.

        (a) Water Supplies.--The Secretary of the Interior and Secretary of
    Commerce shall provide the maximum quantity of water supplies
    practicable to Central Valley Project agricultural, municipal and
    industrial contractors, water service or repayment contractors, water
    rights settlement contractors, exchange contractors, refuge contractors,
    and State Water Project contractors, by approving, in accordance with
    applicable Federal and State laws (including regulations), operations or
    temporary projects to provide additional water supplies as quickly as
    possible, based on available information.
        (b) Administration.--In carrying out subsection (a), the Secretary
    of the Interior and Secretary of Commerce shall, consistent with
    applicable laws (including regulations)--
                (1)(A) in close coordination with the California Department
            of Water Resources and the California Department of Fish and
            Wildlife, implement a pilot project to test and evaluate the
            ability to operate the Delta cross-channel gates daily or as
            otherwise may be appropriate to keep them open to the greatest
            extent practicable to protect out-migrating salmonids, manage
            salinities in the interior Delta and any other water quality
            issues, and maximize Central Valley Project and State Water
            Project pumping, subject to the condition that the pilot project
            shall be designed and implemented consistent with operational
            criteria and monitoring criteria required by the California
            State Water Resources Control Board; and
                (B) design, implement, and evaluate such real-time
            monitoring capabilities to enable effective real-time operations
            of the cross channel in order efficiently to meet the objectives
            described in subparagraph (A);

    [[Page 130 STAT. 1852]]

                (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

    [[Page 130 STAT. 1853]]

                    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

    [[Page 130 STAT. 1854]]

            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).

    [[Page 130 STAT. 1855]]

                (3) Limitation.--The expedited procedures under this
            subsection apply only to--
                        (A) proposed new Federal projects or operational
                    changes pursuant to subsection (a) or (b); and
                        (B) the extent they are consistent with applicable
                    laws (including regulations).

        (e) Operations Plan.--The Secretaries of Commerce and the Interior,
    in consultation with appropriate State officials, shall develop an
    operations plan that is consistent with the provisions of this subtitle
    and other applicable Federal and State laws, including provisions that
    are intended to provide additional water supplies that could be of
    assistance during the current drought.
    SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR FLOW
                              REQUIREMENTS.

        (a) In General.--In implementing the provisions of the smelt
    biological opinion and the salmonid biological opinion, the Secretary of
    the Interior and the Secretary of Commerce shall manage reverse flow in
    Old and Middle Rivers at the most negative reverse flow rate allowed
    under the applicable biological opinion to maximize water supplies for
    the Central Valley Project and the State Water Project, unless that
    management of reverse flow in Old and Middle Rivers to maximize water
    supplies would cause additional adverse effects on the listed fish
    species beyond the range of effects anticipated to occur to the listed
    fish species for the duration of the applicable biological opinion, or
    would be inconsistent with applicable State law requirements, including
    water quality, salinity control, and compliance with State Water
    Resources Control Board Order D-1641 or a successor order.
        (b) Requirements.--If the Secretary of the Interior or Secretary of
    Commerce determines to manage rates of pumping at the C.W. ``Bill''
    Jones and the Harvey O. Banks pumping plants in the southern Delta to
    achieve a reverse OMR flow rate less negative than the most negative
    reverse flow rate prescribed by the applicable biological opinion, the
    Secretary shall--
                (1) document in writing any significant facts regarding
            real-time conditions relevant to the determinations of OMR
            reverse flow rates, including--
                        (A) targeted real-time fish monitoring in the Old
                    River pursuant to this section, including as it pertains
                    to the smelt biological opinion monitoring of Delta
                    smelt in the vicinity of Station 902;
                        (B) near-term forecasts with available salvage
                    models under prevailing conditions of the effects on the
                    listed species of OMR flow at the most negative reverse
                    flow rate prescribed by the biological opinion; and
                        (C) any requirements under applicable State law; and
                (2) explain in writing why any decision to manage OMR
            reverse flow at rates less negative than the most negative
            reverse flow rate prescribed by the biological opinion is
            necessary to avoid additional adverse effects on the listed fish
            species beyond the range of effects anticipated to occur to the
            listed fish species for the duration of the applicable
            biological opinion, after considering relevant factors such as--
                        (A) the distribution of the listed species
                    throughout the Delta;

    [[Page 130 STAT. 1856]]

                        (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.

    [[Page 130 STAT. 1857]]

        (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

    [[Page 130 STAT. 1858]]

    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

    [[Page 130 STAT. 1859]]

    Team and the Collaborative Science and Adaptive Management Program
    policy group. The Collaborative Adaptive Management Team and the
    Collaborative Science and Adaptive Management Program policy group may
    provide the Secretaries with recommendations to improve the effects
    analysis and Federal agency determinations. The Secretaries shall give
    due consideration to the recommendations when developing the Biological
    Assessment and Biological Opinion.
        (c) Meetings.--The Secretaries shall establish a quarterly
    stakeholder meeting during any consultation or reconsultation for the
    purpose of providing updates on the development of the Biological
    Assessment and Biological Opinion. The quarterly stakeholder meeting
    shall be open to stakeholders identified by the Secretaries representing
    a broad range of interests including environmental, recreational and
    commercial fishing, agricultural, municipal, Delta, and other regional
    interests, and including stakeholders that are not state or local
    agencies.
        (d) Clarification.--Neither subsection (b) or (c) of this section
    may be used to meet the requirements of subsection (a).
        (e) Non-applicability of FACA.--For the purposes of subsection (b),
    the Collaborative Adaptive Management Team, the Collaborative Science
    and Adaptive Management Program policy group, and any recommendations
    made to the Secretaries, are exempt from the Federal Advisory Committee
    Act.
    SEC. 4005. PROTECTIONS.

        (a) Applicability.--This section shall apply only to sections 4001
    through 4006.
        (b) Offset for State Water Project.--
                (1) Implementation impacts.--The Secretary of the Interior
            shall confer with the California Department of Fish and Wildlife
            in connection with the implementation of the applicable
            provisions of this subtitle on potential impacts to any
            consistency determination for operations of the State Water
            Project issued pursuant to California Fish and Game Code section
            2080.1.
                (2) Additional yield.--If, as a result of the application of
            the applicable provisions of this subtitle, the California
            Department of Fish and Wildlife--
                        (A) determines that operations of the State Water
                    Project are inconsistent with the consistency
                    determinations issued pursuant to California Fish and
                    Game Code section 2080.1 for operations of the State
                    Water Project; or
                        (B) requires take authorization under California
                    Fish and Game Code section 2081 for operation of the
                    State Water Project;
            in a manner that directly or indirectly results in reduced water
            supply to the State Water Project as compared with the water
            supply available under the smelt biological opinion and the
            salmonid biological opinion; and as a result, Central Valley
            Project yield is greater than it otherwise would have been, then
            that additional yield shall be made available to the State Water
            Project for delivery to State Water Project contractors to
            offset that reduced water supply, provided that if it is
            necessary to reduce water supplies for any Central Valley
            Project authorized uses or contractors to make available to the
            State

    [[Page 130 STAT. 1860]]

            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

    [[Page 130 STAT. 1861]]

            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.

    [[Page 130 STAT. 1862]]

                              (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,

    [[Page 130 STAT. 1863]]

                          as compared to the allocation the contractor would
                          have received absent paragraph (2).
                        (C) Other contractors.--Nothing in paragraph (2)
                    shall--
                              (i) affect the priority of any individual or
                          entity with a Sacramento River settlement contract
                          over water service or repayment contractors;
                              (ii) affect the obligation of the United
                          States to make a substitute supply of water
                          available to the San Joaquin River exchange
                          contractors;
                              (iii) affect the allocation of water to Friant
                          division contractors of the Central Valley
                          Project;
                              (iv) result in the involuntary reduction in
                          contract water allocations to individuals or
                          entities with contracts to receive water from the
                          Friant division;
                              (v) result in the involuntary reduction in
                          water allocations to refuge contractors; or
                              (vi) authorize any actions inconsistent with
                          State water rights law.
    SEC. 4006. NEW MELONES RESERVOIR.

        The Commissioner is directed to work with local water and irrigation
    districts in the Stanislaus River Basin to ascertain the water storage
    made available by the Draft Plan of Operations in New Melones Reservoir
    (DRPO) for water conservation programs, conjunctive use projects, water
    transfers, rescheduled project water and other projects to maximize
    water storage and ensure the beneficial use of the water resources in
    the Stanislaus River Basin. All such programs and projects shall be
    implemented according to all applicable laws and regulations. The source
    of water for any such storage program at New Melones Reservoir shall be
    made available under a valid water right, consistent with the State
    water transfer guidelines and any other applicable State water law. The
    Commissioner shall inform the Congress within 18 months setting forth
    the amount of storage made available by the DRPO that has been put to
    use under this program, including proposals received by the Commissioner
    from interested parties for the purpose of this section.
    SEC. 4007. <<NOTE: 43 USC 390b note.>>  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

    [[Page 130 STAT. 1864]]

            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

    [[Page 130 STAT. 1865]]

                        (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.

    [[Page 130 STAT. 1866]]

        (j) Consistency With State Law.--Nothing in this section preempts or
    modifies any obligation of the United States to act in conformance with
    applicable State law.
        (k) Calfed Authorization.--Title I of Public Law 108-361 (the Calfed
    Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat.
    164; 128 Stat. 2312) (as amended by section 207 of Public Law 114-113)
    is amended by striking ``2017'' each place it appears and inserting
    ``2019''.
    SEC. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION OF
                              STORAGE PROJECTS.

        (a) Marinas, Recreational Facilities, Other Businesses.--If in
    constructing any new or modified water storage project included in
    section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684), the Bureau
    of Reclamation destroys or otherwise adversely affects any existing
    marina, recreational facility, or other water-dependent business when
    constructing or operating a new or modified water storage project, the
    Secretaries of the Interior and Agriculture, acting through the Bureau
    and the Forest Service shall--
                (1) provide compensation otherwise required by law; and
                (2) provide the owner of the affected marina, recreational
            facility, or other water-dependent business under mutually
            agreeable terms and conditions with the right of first refusal
            to construct and operate a replacement marina, recreational
            facility, or other water-dependent business, as the case may be,
            on United States land associated with the new or modified water
            storage project.

        (b) Hydroelectric Projects.--If in constructing any new or modified
    water storage project included in section 103(d)(1)(A) of Public Law
    108-361 (118 Stat. 1684), the Bureau of Reclamation reduces or
    eliminates the capacity or generation of any existing non-Federal
    hydroelectric project by inundation or otherwise, the Secretary of the
    Interior shall, subject to the requirements and limitations of this
    section--
                (1) provide compensation otherwise required by law;
                (2) provide the owner of the affected hydroelectric project
            under mutually agreeable terms and conditions with a right of
            first refusal to construct, operate, and maintain replacement
            hydroelectric generating facilities at such new or modified
            water storage project on Federal land associated with the new or
            modified water storage project or on private land owned by the
            affected hydroelectric project owner;
                (3) provide compensation for the construction of any water
            conveyance facilities as are necessary to convey water to any
            new powerhouse constructed by such owner in association with
            such new hydroelectric generating facilities;
                (4) provide for paragraphs (1), (2), and (3) at a cost not
            to exceed the estimated value of the actual impacts to any
            existing non-Federal hydroelectric project, including impacts to
            its capacity and energy value, and as estimated for the
            associated feasibility study, including additional planning,
            environmental, design, construction, and operations and
            maintenance costs for existing and replacement facilities; and
                (5) ensure that action taken under paragraphs (1), (2), (3),
            and (4) shall not directly or indirectly increase the costs to
            recipients of power marketed by the Western Area Power
            Administration, nor decrease the value of such power.

    [[Page 130 STAT. 1867]]

        (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--

    [[Page 130 STAT. 1868]]

                              ``(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

    [[Page 130 STAT. 1869]]

                              ``(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.

    [[Page 130 STAT. 1870]]

                        ``(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) <<NOTE: 42 USC 10364 note.>>  Funding.--Section 9504 of the
    Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended
    in subsection (e) by striking ``$350,000,000'' and inserting
    ``$450,000,000'' on the condition that of that amount, $50,000,000 of it
    is used to carry out section 206 of the Energy and Water Development and
    Related Agencies Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law
    113-235).
    SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES
                              AND OTHER WILDLIFE.

        (a) Increased Real-Time Monitoring and Updated Science.--
                (1) Smelt biological opinion.--The Director shall use the
            best scientific and commercial data available to implement,
            continuously evaluate, and refine or amend, as appropriate, the
            reasonable and prudent alternative described in the smelt
            biological opinion.
                (2) Increased monitoring to inform real-time operations.--
                        (A) In general.--The Secretary of the Interior shall
                    conduct additional surveys, on an annual basis at the
                    appropriate time of year based on environmental
                    conditions, in collaboration with interested
                    stakeholders regarding the science of the Delta in
                    general, and to enhance real time decisionmaking in
                    particular, working in close coordination with relevant
                    State authorities.
                        (B) Requirements.--In carrying out this subsection,
                    the Secretary of the Interior shall use--
                              (i) the most appropriate and accurate survey
                          methods available for the detection of Delta smelt
                          to determine the extent to which adult Delta smelt
                          are distributed in relation to certain levels of
                          turbidity or other environmental factors that may
                          influence salvage rate;
                              (ii) results from appropriate surveys for the
                          detection of Delta smelt to determine how the
                          Central Valley Project and State Water Project may
                          be operated more

    [[Page 130 STAT. 1871]]

                          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

    [[Page 130 STAT. 1872]]

                              (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

    [[Page 130 STAT. 1873]]

            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.

    [[Page 130 STAT. 1874]]

                        (B) State participation.--In implementing this
                    section, the Secretary of the Interior is authorized to
                    participate with the State of California or otherwise
                    hold such interests identified in subparagraph (A) in
                    joint ownership with the State of California based on a
                    cost share deemed appropriate by the Secretary.
                        (C) Treatment.--Any expenditures under this
                    subsection shall be nonreimbursable and nonreturnable to
                    the United States.
                (7) Reauthorization of the fisheries restoration and
            irrigation mitigation act of 2000.--
                        (A) Section 10(a) of the Fisheries Restoration and
                    Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
                    Public Law 106-502) is amended by striking ``$25 million
                    for each of fiscal years 2009 through 2015'' and
                    inserting ``$15 million through 2021''; and
                        (B) Section 2 of the Fisheries Restoration and
                    Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
                    Public Law 106-502) is amended by striking ``Montana,
                    and Idaho'' and inserting ``Montana, Idaho, and
                    California''.

        (c) Actions to Benefit Refuges.--
                (1) In general.--In addition to funding under section 3407
            of the Central Valley Project Improvement Act (Public Law 102-
            575; 106 Stat. 4726), there is authorized to be appropriated to
            the Secretary of the Interior $2,000,000 for each of fiscal
            years 2017 through 2021 for the acceleration and completion of
            water infrastructure and conveyance facilities necessary to
            achieve full water deliveries to Central Valley wildlife refuges
            and habitat areas pursuant to section 3406(d) of that Act
            (Public Law 102-575; 106 Stat. 4722).
                (2) Cost sharing.--
                        (A) Federal share.--The Federal share of the cost of
                    carrying out an activity described in this section shall
                    be not more than 50 percent.
                        (B) Non-federal share.--The non-Federal share of the
                    cost of carrying out an activity described in this
                    section--
                              (i) shall be not less than 50 percent; and
                              (ii) may be provided in cash or in kind.

        (d) Non-Federal Program to Protect Native Anadromous Fish in
    Stanislaus River.--
                (1) Definition of district.--In this section, the term
            ``district'' means--
                        (A) the Oakdale Irrigation District of the State of
                    California; and
                        (B) the South San Joaquin Irrigation District of the
                    State of California.
                (2) Establishment.--The Secretary of Commerce, acting
            through the Assistant Administrator of the National Marine
            Fisheries Service, and the districts shall jointly establish and
            conduct a nonnative predator research and pilot fish removal
            program to study the effects of removing from the Stanislaus
            River--
                        (A) nonnative striped bass, smallmouth bass,
                    largemouth bass, black bass; and
                        (B) other nonnative predator fish species.

    [[Page 130 STAT. 1875]]

                (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

    [[Page 130 STAT. 1876]]

                          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.

    [[Page 130 STAT. 1877]]

                        (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

    [[Page 130 STAT. 1878]]

    into contracts with specific individuals or organizations directly or in
    conjunction with appropriate State agencies.
        (g) The ``Save Our Salmon Act''.--
                (1) Treatment of striped bass.--
                        (A) Anadromous fish.--Section 3403(a) of the Central
                    Valley Project Improvement Act (title XXXIV of Public
                    Law 102-575) is amended by striking ``striped bass,''
                    after ``stocks of salmon (including steelhead),''.
                        (B) Fish and wildlife restoration activities.--
                    Section 3406(b) of the Central Valley Project
                    Improvement Act (title XXXIV of Public Law 102-575) is
                    amended by--
                              (i) striking paragraphs (14) and (18);
                              (ii) redesignating paragraphs (15) through
                          (17) as paragraphs (14) through (16),
                          respectively; and
                              (iii) redesignating paragraphs (19) through
                          (23) as paragraphs (17) through (21),
                          respectively.
                (2) Conforming changes.--Section 3407(a) of the Central
            Valley Project Improvement Act (title XXXIV of Public Law 102-
            575) is amended by striking ``(10)-(18), and (20)-(22)'' and
            inserting ``(10)-(16), and (18)-(20)''.
    SEC. 4011. OFFSETS AND WATER STORAGE ACCOUNT.

        (a) Prepayment of Certain Repayment Contracts Between the United
    States and Contractors of Federally Developed Water Supplies.--
                (1) Conversion and prepayment of contracts.--Upon request of
            the contractor, the Secretary of the Interior shall convert any
            water service contract in effect on the date of enactment of
            this subtitle and between the United States and a water users'
            association to allow for prepayment of the repayment contract
            pursuant to paragraph (2) under mutually agreeable terms and
            conditions. The manner of conversion under this paragraph shall
            be as follows:
                        (A) Water service contracts that were entered into
                    under section (e) of the Act of August 4, 1939 (53 Stat.
                    1196), to be converted under this section shall be
                    converted to repayment contracts under section 9(d) of
                    that Act (53 Stat. 1195).
                        (B) Water service contracts that were entered under
                    subsection (c)(2) of section 9 of the Act of August 4,
                    1939 (53 Stat. 1194), to be converted under this section
                    shall be converted to a contract under subsection (c)(1)
                    of section 9 of that Act (53 Stat. 1195).
                (2) Prepayment.--Except for those repayment contracts under
            which the contractor has previously negotiated for prepayment,
            all repayment contracts under section 9(d) of that Act (53 Stat.
            1195) in effect on the date of enactment of this subtitle at the
            request of the contractor, and all contracts converted pursuant
            to paragraph (1)(A) shall--
                        (A) provide for the repayment, either in lump sum or
                    by accelerated prepayment, of the remaining construction
                    costs identified in water project specific irrigation
                    rate repayment schedules, as adjusted to reflect payment
                    not reflected in such schedules, and properly assignable
                    for ultimate return by the contractor, or if made in
                    approximately equal installments, no later than 3 years
                    after the effective date of the repayment contract, such
                    amount

    [[Page 130 STAT. 1879]]

                    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;

    [[Page 130 STAT. 1880]]

                        (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

    [[Page 130 STAT. 1881]]

                (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--

    [[Page 130 STAT. 1882]]

                        (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. <<NOTE: 43 USC 390b note.>>  SAVINGS LANGUAGE.

        (a) In General.--This subtitle shall not be interpreted or
    implemented in a manner that--
                (1) preempts or modifies any obligation of the United States
            to act in conformance with applicable State law, including
            applicable State water law;
                (2) affects or modifies any obligation under the Central
            Valley Project Improvement Act (Public Law 102-575; 106 Stat.
            4706), except for the savings provisions for the Stanislaus
            River predator management program expressly established by
            section 11(d) and provisions in section 11(g);
                (3) overrides, modifies, or amends the applicability of the
            Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the
            application of the smelt and salmonid biological opinions to the
            operation of the Central Valley Project or the State Water
            Project;
                (4) would cause additional adverse effects on listed fish
            species beyond the range of effects anticipated to occur to the
            listed fish species for the duration of the applicable
            biological opinion, using the best scientific and commercial
            data available; or
                (5) overrides, modifies, or amends any obligation of the
            Pacific Fisheries Management Council, required by the Magnuson
            Stevens Act or the Endangered Species Act of 1973, to manage
            fisheries off the coast of California, Oregon, or Washington.

        (b) Successor Biological Opinions.--
                (1) In general.--The Secretaries of the Interior and
            Commerce shall apply this Act to any successor biological
            opinions to the smelt or salmonid biological opinions only to
            the extent that the Secretaries determine is consistent with--
                        (A) the Endangered Species Act of 1973 (16 U.S.C.
                    1531 et seq.), its implementing regulations, and the
                    successor biological opinions; and
                        (B) subsection (a)(4).
                (2) Limitation.--Nothing in this Act shall restrict the
            Secretaries of the Interior and Commerce from completing
            consultation on successor biological opinions and through those
            successor biological opinions implementing whatever adjustments
            in operations or other activities as may be required by the
            Endangered Species Act of 1973 and its implementing regulations.

        (c) Severability.--If any provision of this subtitle, or any
    application of such provision to any person or circumstance, is held to
    be inconsistent with any law or the biological opinions, the remainder
    of this subtitle and the application of this subtitle to any other
    person or circumstance shall not be affected.

    [[Page 130 STAT. 1883]]

    SEC. 4013. <<NOTE: 43 USC 390b note.>>  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. <<NOTE: 43 USC 390b note.>>  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.--

    [[Page 130 STAT. 1884]]

                        (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. <<NOTE: 49 USC 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,

    [[Page 130 STAT. 1885]]

                    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, <<NOTE: 49 USC prec. 301.>> 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

    [[Page 130 STAT. 1886]]

                    is serving as an officer, director, trustee, partner, or
                    employee.
                        ``(D) Any individual, person, or organization with
                    which the member is negotiating or has any arrangement
                    concerning prospective employment.
                ``(2) Disclosure.--Paragraph (1) shall not apply if the
            member--
                        ``(A) immediately advises the designated agency
                    ethics official for the Commission of the nature and
                    circumstances of the matter presenting a potential
                    conflict of interest;
                        ``(B) makes full disclosure of the financial
                    interest; and
                        ``(C) before the proceeding concerning the matter
                    presenting the conflict of interest, receives a written
                    determination by the designated agency ethics official
                    for the Commission that the interest is not so
                    substantial as to be likely to affect the integrity of
                    the services that the Commission may expect from the
                    member. The written determination shall specify the
                    rationale and any evidence or support for the decision,
                    identify steps, if any, that should be taken to mitigate
                    any conflict of interest, and be available to the
                    public.
                ``(3) Annual disclosures.--Once each calendar year, each
            member shall make full disclosure of financial interests, in a
            manner to be determined by the designated agency ethics official
            for the Commission.
                ``(4) Training.--Once each calendar year, each member shall
            undergo disclosure of financial interests training, as
            prescribed by the designated agency ethics official for the
            Commission.
                ``(5) Clarification.--A member of the Commission may
            continue to participate personally or substantially, through
            decision, approval, or disapproval on the focus of applications
            to be considered but not on individual applications where a
            conflict of interest exists.
                ``(6) Violation.--Any person that violates this subsection
            shall be fined not more than $10,000, imprisoned for not more
            than 2 years, or both.''.

        (b) Authorization of Appropriations.--
                (1) In general.--Section 310 of the Denali Commission Act of
            1998 (42 U.S.C. 3121 note; Public Law 105-277) (as redesignated
            by section 1960(1) of SAFETEA-LU (Public Law 109-59; 119 Stat.
            1516)) is amended, in subsection (a), by striking ``under
            section 4 under this Act'' and all that follows through ``2008''
            and inserting ``under section 304, $15,000,000 for each of
            fiscal years 2017 through 2021.''.
                (2) Clerical amendment.--Section 310 of the Denali
            Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277)
            (as redesignated by section 1960(1) of SAFETEA-LU (Public Law
            109-59; 119 Stat. 1516)) is redesignated as section 312.
    SEC. 5003. RECREATIONAL ACCESS FOR FLOATING CABINS AT TVA
                              RESERVOIRS.

        The Tennessee Valley Authority Act of 1933 is amended by inserting
    after section 9a (16 U.S.C. 831h-1) the following:

    [[Page 130 STAT. 1887]]

    ``SEC. 9b. <<NOTE: 16 USC 831h-3.>>  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).

    [[Page 130 STAT. 1888]]

                (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.

    [[Page 130 STAT. 1889]]

                        (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;

    [[Page 130 STAT. 1890]]

                              ``(ii) the prevention and control of invasive
                          species and the impacts of invasive species;
                              ``(iii) the protection and restoration of
                          nearshore health and the prevention and mitigation
                          of nonpoint source pollution;
                              ``(iv) habitat and wildlife protection and
                          restoration, including wetlands restoration and
                          preservation; and
                              ``(v) accountability, monitoring, evaluation,
                          communication, and partnership activities.
                        ``(C) Projects.--
                              ``(i) In general.--In carrying out the
                          Initiative, the Administrator shall collaborate
                          with other Federal partners, including the Great
                          Lakes Interagency Task Force established by
                          Executive Order No. 13340 (69 Fed. Reg. 29043), to
                          select the best combination of programs and
                          projects for Great Lakes protection and
                          restoration using appropriate principles and
                          criteria, including whether a program or project
                          provides--
                                        ``(I) the ability to achieve
                                    strategic and measurable environmental
                                    outcomes that implement the Initiative
                                    Action Plan and the Great Lakes Water
                                    Quality Agreement;
                                        ``(II) the feasibility of--
                                                ``(aa) prompt
                                            implementation;
                                                ``(bb) timely achievement of
                                            results; and
                                                ``(cc) resource leveraging;
                                            and
                                        ``(III) the opportunity to improve
                                    interagency, intergovernmental, and
                                    interorganizational coordination and
                                    collaboration to reduce duplication and
                                    streamline efforts.
                              ``(ii) Outreach.--In selecting the best
                          combination of programs and projects for Great
                          Lakes protection and restoration under clause (i),
                          the Administrator shall consult with the Great
                          Lakes States and Indian tribes and solicit input
                          from other non-Federal stakeholders.
                              ``(iii) Harmful algal bloom coordinator.--The
                          Administrator shall designate a point person from
                          an appropriate Federal partner to coordinate, with
                          Federal partners and Great Lakes States, Indian
                          tribes, and other non-Federal stakeholders,
                          projects and activities under the Initiative
                          involving harmful algal blooms in the Great
                          Lakes.'';
                (2) in subparagraph (D)--
                        (A) by striking clause (i) and inserting the
                    following:
                              ``(i) In general.--Subject to subparagraph
                          (J)(ii), funds made available to carry out the
                          Initiative shall be used to strategically
                          implement--
                                        ``(I) Federal projects;
                                        ``(II) projects carried out in
                                    coordination with States, Indian tribes,
                                    municipalities, institutions of higher
                                    education, and other organizations; and
                                        ``(III) operations and activities of
                                    the Program Office, including
                                    remediation of sediment contamination in
                                    areas of concern.'';

    [[Page 130 STAT. 1891]]

                        (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.

    [[Page 130 STAT. 1892]]

                              ``(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

    [[Page 130 STAT. 1893]]

                              ``(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. <<NOTE: 33 USC 467f-2.>>  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-

    [[Page 130 STAT. 1894]]

                    Federal sponsor to establish the terms of the grant and
                    the project, including the amount of the grant.
                        ``(C) Grant assurance.--As part of a project grant
                    agreement under subparagraph (B), the Administrator
                    shall require the non-Federal sponsor to provide an
                    assurance, with respect to the dam to be rehabilitated
                    under the project, that the owner of the dam has
                    developed and will carry out a plan for maintenance of
                    the dam during the expected life of the dam.
                        ``(D) Limitation.--A grant provided under this
                    section shall not exceed the lesser of--
                              ``(i) 12.5 percent of the total amount of
                          funds made available to carry out this section; or
                              ``(ii) $7,500,000.

        ``(d) Requirements.--
                ``(1) Approval.--A grant awarded under this section for a
            project shall be approved by the relevant State dam safety
            agency.
                ``(2) Non-federal sponsor requirements.--To receive a grant
            under this section, the non-Federal sponsor shall--
                        ``(A) participate in, and comply with, all
                    applicable Federal flood insurance programs;
                        ``(B) have in place a hazard mitigation plan that--
                              ``(i) includes all dam risks; and
                              ``(ii) complies with the Disaster Mitigation
                          Act of 2000 (Public Law 106-390; 114 Stat. 1552);
                        ``(C) commit to provide operation and maintenance of
                    the project for the 50-year period following completion
                    of rehabilitation;
                        ``(D) comply with such minimum eligibility
                    requirements as the Administrator may establish to
                    ensure that each owner and operator of a dam under a
                    participating State dam safety program and that receives
                    assistance under this section--
                              ``(i) acts in accordance with the State dam
                          safety program; and
                              ``(ii) carries out activities relating to the
                          public in the area around the dam in accordance
                          with the hazard mitigation plan described in
                          subparagraph (B); and
                        ``(E) comply with section 611(j)(9) of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5196(j)(9)) (as in effect on the date of
                    enactment of this section) with respect to projects
                    receiving assistance under this section in the same
                    manner as recipients are required to comply in order to
                    receive financial contributions from the Administrator
                    for emergency preparedness purposes.

        ``(e) Floodplain Management Plans.--
                ``(1) In general.--As a condition of receipt of assistance
            under this section, the non-Federal sponsor shall demonstrate
            that a floodplain management plan to reduce the impacts of
            future flood events in the area protected by the project--
                        ``(A) is in place; or
                        ``(B) will be--

    [[Page 130 STAT. 1895]]

                              ``(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

    [[Page 130 STAT. 1896]]

            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) <<NOTE: 33 USC 467f-2 note.>>  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:

    [[Page 130 STAT. 1897]]

                ``(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

    [[Page 130 STAT. 1898]]

            loan funds established under section 1452 of the Safe Drinking
            Water Act (42 U.S.C. 300j-12); and
                (2) the appropriations made available for the funds referred
            to in paragraph (1) should not decrease for any fiscal year.
    SEC. 5009. REPORT ON GROUNDWATER CONTAMINATION.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, and annually thereafter for the next 4 years, the Secretary
    of the Navy shall submit a report to Congress on the groundwater
    contamination from the site that includes--
                (1) a description of the status of the groundwater
            contaminants that are leaving the site and migrating to a
            location within a 10-mile radius of the site, including--
                        (A) detailed mapping of the movement of the plume
                    over time; and
                        (B) projected migration rates of the plume;
                (2) an analysis of the current and future impact of the
            movement of the plume on drinking water facilities; and
                (3) a comprehensive strategy to prevent the groundwater
            contaminants from the site from contaminating drinking water
            wells that, as of the date of the submission of the report, have
            not been affected by the migration of the plume.

        (b) Definitions.--In this section, the following definitions apply:
                (1) Comprehensive strategy.--The term ``comprehensive
            strategy'' means a plan for--
                        (A) the remediation of the plume under the
                    Comprehensive Environmental Response, Compensation, and
                    Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
                        (B) corrective action under the Solid Waste Disposal
                    Act (42 U.S.C. 6901 et seq.).
                (2) Groundwater.--The term ``groundwater'' means water in a
            saturated zone or stratum beneath the surface of land or water.
                (3) Plume.--The term ``plume'' means any hazardous waste (as
            defined in section 1004 of the Solid Waste Disposal Act (42
            U.S.C. 6903)) or hazardous substance (as defined in section 101
            of the Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9601)) found in the groundwater
            supply.
                (4) Site.--The term ``site'' means the site located at 830
            South Oyster Bay Road, Bethpage, New York, 11714 (Environmental
            Protection Agency identification number NYD002047967).
    SEC. 5010. COLUMBIA RIVER BASIN RESTORATION.

        Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
    et seq.) is amended by adding at the end the following:
    ``SEC. 123. <<NOTE: 33 USC 1275.>>  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

    [[Page 130 STAT. 1899]]

            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.--

    [[Page 130 STAT. 1900]]

                ``(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

    [[Page 130 STAT. 1901]]

                    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.--

    [[Page 130 STAT. 1902]]

                        ``(A) In general.--Nothing in this subsection limits
                    the eligibility of the Estuary Partnership to receive
                    funding under section 320(g).
                        ``(B) Limitation.--None of the funds made available
                    under this subsection may be used for the administration
                    of a management conference under section 320.

        ``(e) Annual Budget Plan.--The President, as part of the annual
    budget submission of the President to Congress under section 1105(a) of
    title 31, United States Code, shall submit information regarding each
    Federal agency involved in protection and restoration of the Columbia
    River Basin, including an interagency crosscut budget that displays for
    each Federal agency--
                ``(1) the amounts obligated for the preceding fiscal year
            for protection and restoration projects, programs, and studies
            relating to the Columbia River Basin;
                ``(2) the estimated budget for the current fiscal year for
            protection and restoration projects, programs, and studies
            relating to the Columbia River Basin; and
                ``(3) the proposed budget for protection and restoration
            projects, programs, and studies relating to the Columbia River
            Basin.''.
    SEC. 5011. REGULATION OF ABOVEGROUND STORAGE AT FARMS.

        Section 1049(c) of the Water Resources Reform and Development Act of
    2014 (33 U.S.C. 1361 note; Public Law 113-121) is amended--
                (1) by redesignating paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively, and indenting appropriately;
                (2) by striking the subsection designation and heading and
            all that follows through ``subsection (b),'' and inserting the
            following:

        ``(c) Regulation of Aboveground Storage at Farms.--
                ``(1) Calculation of aggregate aboveground storage
            capacity.--For purposes of subsection (b),''; and
                (3) by adding at the end the following:
                ``(2) Certain farm containers.--Part 112 of title 40, Code
            of Federal Regulations (or successor regulations), shall not
            apply to the following containers located at a farm:
                        ``(A) Containers on a separate parcel that have--
                              ``(i) an individual capacity of not greater
                          than 1,000 gallons; and
                              ``(ii) an aggregate capacity of not greater
                          than 2,500 gallons.
                        ``(B) A container holding animal feed ingredients
                    approved for use in livestock feed by the Food and Drug
                    Administration.''.
    SEC. 5012. IRRIGATION DISTRICTS.

        Section 603(i)(1) of the Federal Water Pollution Control Act (33
    U.S.C. 1383) is amended--
                (1) in the matter preceding subparagraph (A) by striking
            ``to a municipality or intermunicipal, interstate, or State
            agency'' and inserting ``to an eligible recipient''; and
                (2) in subparagraph (A), in the matter preceding clause (i),
            by inserting ``in assistance to a municipality or
            intermunicipal, interstate, or State agency'' before ``to
            benefit''.

    [[Page 130 STAT. 1903]]

    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. <<NOTE: 16 USC 3957.>>  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

    [[Page 130 STAT. 1904]]

            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.''.

        Approved December 16, 2016.

    LEGISLATIVE HISTORY--S. 612:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
                                                            Vol. 161 (2015):
                                        May 21, considered and passed
                                            Senate.
                                                            Vol. 162 (2016):
                                        Dec. 8, considered and passed House,
                                            amended. Senate considered
                                            concurring in House amendment.
                                        Dec. 9, Senate concurred in House
                                            amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):
                Dec. 16, Presidential statement.

                                      <all>