[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>