[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2848 Engrossed in Senate (ES)]
<DOC>
114th CONGRESS
2d Session
S. 2848
_______________________________________________________________________
AN ACT
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 3. Limitations.
TITLE I--PROGRAM REFORMS
Sec. 1001. Study of water resources development projects by non-Federal
interests.
Sec. 1002. Advanced funds for water resources development studies and
projects.
Sec. 1003. Authority to accept and use materials and services.
Sec. 1004. Partnerships with non-Federal entities to protect the
Federal investment.
Sec. 1005. Non-Federal study and construction of projects.
Sec. 1006. Munitions disposal.
Sec. 1007. Challenge cost-sharing program for management of recreation
facilities.
Sec. 1008. Structures and facilities constructed by the Secretary.
Sec. 1009. Project completion.
Sec. 1010. Contributed funds.
Sec. 1011. Application of certain benefits and costs included in final
feasibility studies.
Sec. 1012. Leveraging Federal infrastructure for increased water
supply.
Sec. 1013. New England District headquarters.
Sec. 1014. Buffalo District headquarters.
Sec. 1015. Completion of ecosystem restoration projects.
Sec. 1016. Credit for donated goods.
Sec. 1017. Structural health monitoring.
Sec. 1018. Fish and wildlife mitigation.
Sec. 1019. Non-Federal interests.
Sec. 1020. Discrete segment.
Sec. 1021. Funding to process permits.
Sec. 1022. International Outreach Program.
Sec. 1023. Wetlands mitigation.
Sec. 1024. Use of Youth Service and Conservation Corps.
Sec. 1025. Debris removal.
Sec. 1026. Aquaculture study.
Sec. 1027. Levee vegetation.
Sec. 1028. Planning assistance to States.
Sec. 1029. Prioritization.
Sec. 1030. Kennewick Man.
Sec. 1031. Disposition studies.
Sec. 1032. Transfer of excess credit.
Sec. 1033. Surplus water storage.
Sec. 1034. Hurricane and storm damage reduction.
Sec. 1035. Fish hatcheries.
Sec. 1036. Feasibility studies and watershed assessments.
Sec. 1037. Shore damage prevention or mitigation.
Sec. 1038. Enhancing lake recreation opportunities.
Sec. 1039. Cost estimates.
Sec. 1040. Tribal partnership program.
Sec. 1041. Cost sharing for territories and Indian tribes.
Sec. 1042. Local government water management plans.
Sec. 1043. Credit in lieu of reimbursement.
Sec. 1044. Retroactive changes to cost-sharing agreements.
Sec. 1045. Easements for electric, telephone, or broadband service
facilities eligible for financing under the
Rural Electrification Act of 1936.
Sec. 1046. Study on the performance of innovative materials.
Sec. 1047. Deauthorization of inactive projects.
Sec. 1048. Review of reservoir operations.
Sec. 1049. Written agreement requirement for water resources projects.
Sec. 1050. Maximum cost of projects.
Sec. 1051. Conversion of surplus water agreements.
Sec. 1052. Authorized funding for interagency and international
support.
Sec. 1053. Surplus water storage.
Sec. 1054. GAO review and report.
TITLE II--NAVIGATION
Sec. 2001. Projects funded by the Inland Waterways Trust Fund.
Sec. 2002. Operation and maintenance of fuel-taxed inland waterways.
Sec. 2003. Funding for harbor maintenance programs.
Sec. 2004. Dredged material disposal.
Sec. 2005. Cape Arundel disposal site, Maine.
Sec. 2006. Maintenance of harbors of refuge.
Sec. 2007. Aids to navigation.
Sec. 2008. Beneficial use of dredged material.
Sec. 2009. Operation and maintenance of harbor projects.
Sec. 2010. Additional measures at donor ports and energy transfer
ports.
Sec. 2011. Harbor deepening.
Sec. 2012. Operations and maintenance of inland Mississippi River
ports.
Sec. 2013. Implementation guidance.
Sec. 2014. Remote and subsistence harbors.
Sec. 2015. Non-Federal interest dredging authority.
Sec. 2016. Transportation cost savings.
Sec. 2017. Dredged material.
Sec. 2018. Great Lakes Navigation System.
Sec. 2019. Harbor Maintenance Trust Fund.
TITLE III--SAFETY IMPROVEMENTS
Sec. 3001. Rehabilitation assistance for non-Federal flood control
projects.
Sec. 3002. Rehabilitation of existing levees.
Sec. 3003. Maintenance of high risk flood control projects.
Sec. 3004. Rehabilitation of high hazard potential dams.
Sec. 3005. Expedited completion of authorized projects for flood damage
reduction.
Sec. 3006. Cumberland River Basin Dam repairs.
Sec. 3007. Indian dam safety.
Sec. 3008. Rehabilitation of Corps of Engineers constructed flood
control dams.
TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS
Sec. 4001. Gulf Coast oyster bed recovery plan.
Sec. 4002. Columbia River, Platte River, and Arkansas River.
Sec. 4003. Missouri River.
Sec. 4004. Puget Sound nearshore ecosystem restoration.
Sec. 4005. Ice jam prevention and mitigation.
Sec. 4006. Chesapeake Bay oyster restoration.
Sec. 4007. North Atlantic coastal region.
Sec. 4008. Rio Grande.
Sec. 4009. Texas coastal area.
Sec. 4010. Upper Mississippi and Illinois Rivers flood risk management.
Sec. 4011. Salton Sea, California.
Sec. 4012. Adjustment.
Sec. 4013. Coastal resiliency.
Sec. 4014. Regional intergovernmental collaboration on coastal
resilience.
Sec. 4015. South Atlantic coastal study.
Sec. 4016. Kanawha River Basin.
Sec. 4017. Consideration of full array of measures for coastal risk
reduction.
Sec. 4018. Waterfront community revitalization and resiliency.
Sec. 4019. Table Rock Lake, Arkansas and Missouri.
Sec. 4020. Pearl River Basin, Mississippi.
TITLE V--DEAUTHORIZATIONS
Sec. 5001. Deauthorizations.
Sec. 5002. Conveyances.
TITLE VI--WATER RESOURCES INFRASTRUCTURE
Sec. 6001. Authorization of final feasibility studies.
Sec. 6002. Authorization of project modifications recommended by the
Secretary.
Sec. 6003. Authorization of study and modification proposals submitted
to Congress by the Secretary.
Sec. 6004. Expedited completion of reports.
Sec. 6005. Extension of expedited consideration in Senate.
Sec. 6006. GAO study on Corps of Engineers methodology and performance
metrics.
Sec. 6007. Inventory assessment.
Sec. 6008. Saint Lawrence Seaway modernization.
Sec. 6009. Yazoo Basin, Mississippi.
TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE
Sec. 7001. Definition of Administrator.
Sec. 7002. Sense of the Senate on appropriations levels and findings on
economic impacts.
Subtitle A--Drinking Water
Sec. 7101. Preconstruction work.
Sec. 7102. Priority system requirements.
Sec. 7103. Administration of State loan funds.
Sec. 7104. Other authorized activities.
Sec. 7105. Negotiation of contracts.
Sec. 7106. Assistance for small and disadvantaged communities.
Sec. 7107. Reducing lead in drinking water.
Sec. 7108. Regional liaisons for minority, tribal, and low-income
communities.
Sec. 7109. Notice to persons served.
Sec. 7110. Electronic reporting of drinking water data.
Sec. 7111. Lead testing in school and child care drinking water.
Sec. 7112. WaterSense program.
Sec. 7113. Water supply cost savings.
Sec. 7114. Small system technical assistance.
Sec. 7115. Definition of Indian tribe.
Sec. 7116. Technical assistance for tribal water systems.
Sec. 7117. Requirement for the use of American materials.
Subtitle B--Clean Water
Sec. 7201. Sewer overflow control grants.
Sec. 7202. Small and medium treatment works.
Sec. 7203. Integrated plans.
Sec. 7204. Green infrastructure promotion.
Sec. 7205. Financial capability guidance.
Sec. 7206. Chesapeake Bay Grass Survey.
Sec. 7207. Great Lakes harmful algal bloom coordinator.
Subtitle C--Innovative Financing and Promotion of Innovative
Technologies
Sec. 7301. Water infrastructure public-private partnership pilot
program.
Sec. 7302. Water infrastructure finance and innovation.
Sec. 7303. Water Infrastructure Investment Trust Fund.
Sec. 7304. Innovative water technology grant program.
Sec. 7305. Water Resources Research Act amendments.
Sec. 7306. Reauthorization of Water Desalination Act of 1996.
Sec. 7307. National drought resilience guidelines.
Sec. 7308. Innovation in State water pollution control revolving loan
funds.
Sec. 7309. Innovation in drinking water State revolving loan funds.
Subtitle D--Drinking Water Disaster Relief and Infrastructure
Investments
Sec. 7401. Drinking water infrastructure.
Sec. 7402. Loan forgiveness.
Sec. 7403. Registry for lead exposure and advisory committee.
Sec. 7404. Additional funding for certain childhood health programs.
Sec. 7405. Review and report.
Subtitle E--Report on Groundwater Contamination
Sec. 7501. Definitions.
Sec. 7502. Report on groundwater contamination.
Subtitle F--Restoration
PART I--Great Lakes Restoration
Sec. 7611. Great Lakes Restoration Initiative.
Sec. 7612. Amendments to the Great Lakes Fish and Wildlife Restoration
Act of 1990.
PART II--Lake Tahoe Restoration
Sec. 7621. Findings and purposes.
Sec. 7622. Definitions.
Sec. 7623. Improved administration of the Lake Tahoe Basin Management
Unit.
Sec. 7624. Authorized programs.
Sec. 7625. Program performance and accountability.
Sec. 7626. Conforming amendments; updates to related laws.
Sec. 7627. Authorization of appropriations.
Sec. 7628. Land transfers to improve management efficiencies of Federal
and State land.
PART III--Long Island Sound Restoration
Sec. 7631. Restoration and stewardship programs.
Sec. 7632. Reauthorization.
PART IV--Delaware River Basin Conservation
Sec. 7641. Findings.
Sec. 7642. Definitions.
Sec. 7643. Program establishment.
Sec. 7644. Grants and assistance.
Sec. 7645. Annual reports.
Sec. 7646. Authorization of appropriations.
PART V--Columbia River Basin Restoration
Sec. 7651. Columbia River Basin restoration.
Subtitle G--Innovative Water Infrastructure Workforce Development
Sec. 7701. Innovative water infrastructure workforce development
program.
Subtitle H--Offset
Sec. 7801. Offset.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 8001. Approval of State programs for control of coal combustion
residuals.
Sec. 8002. Choctaw Nation of Oklahoma and the Chickasaw Nation water
settlement.
Sec. 8003. Land transfer and trust land for the Muscogee (Creek)
Nation.
Sec. 8004. Reauthorization of Denali Commission.
Sec. 8005. Recreational access of floating cabins.
Sec. 8006. Regulation of aboveground storage at farms.
Sec. 8007. Salt cedar removal permit reviews.
Sec. 8008. International outfall interceptor repair, operations, and
maintenance.
Sec. 8009. Pechanga Band of Luiseno Mission Indians water rights
settlement.
Sec. 8010. Gold King Mine spill recovery.
Sec. 8011. Reports by the Comptroller General.
Sec. 8012. Sense of Congress.
Sec. 8013. Bureau of Reclamation Dakotas Area Office permit fees for
cabins and trailers.
Sec. 8014. Use of trailer homes at heart butte dam and reservoir (Lake
Tschida).
TITLE IX--BLACKFEET WATER RIGHTS SETTLEMENT ACT
Sec. 9001. Short title.
Sec. 9002. Purposes.
Sec. 9003. Definitions.
Sec. 9004. Ratification of compact.
Sec. 9005. Milk River water right.
Sec. 9006. Water delivery through Milk River project.
Sec. 9007. Bureau of Reclamation activities to improve water
management.
Sec. 9008. St. Mary canal hydroelectric power generation.
Sec. 9009. Storage allocation from Lake Elwell.
Sec. 9010. Irrigation activities.
Sec. 9011. Design and construction of MR&I System.
Sec. 9012. Design and construction of water storage and irrigation
facilities.
Sec. 9013. Blackfeet water, storage, and development projects.
Sec. 9014. Easements and rights-of-way.
Sec. 9015. Tribal water rights.
Sec. 9016. Blackfeet settlement trust fund.
Sec. 9017. Blackfeet water settlement implementation fund.
Sec. 9018. Authorization of appropriations.
Sec. 9019. Water rights in Lewis and Clark National Forest and Glacier
National Park.
Sec. 9020. Waivers and releases of claims.
Sec. 9021. Satisfaction of claims.
Sec. 9022. Miscellaneous provisions.
Sec. 9023. Expiration on failure to meet enforceability date.
Sec. 9024. Antideficiency.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
SEC. 3. LIMITATIONS.
Nothing in this Act--
(1) 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;
(2) supersedes or authorizes any amendment to a multistate
water control plan, including the Missouri River Master Water
Control Manual (as in effect on the date of enactment of this
Act);
(3) affects any water right in existence on the date of
enactment of this Act;
(4) preempts or affects any State water law or interstate
compact governing water; or
(5) affects any authority of a State, as in effect on the
date of enactment of this Act, to manage water resources within
the State.
TITLE I--PROGRAM REFORMS
SEC. 1001. 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.--On the request of a non-Federal
interest, the Secretary may provide technical assistance relating to
any aspect of the feasibility study if the non-Federal interest
contracts with the Secretary to pay all costs of providing the
technical assistance.''.
SEC. 1002. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES AND
PROJECTS.
The Act of October 15, 1940 (33 U.S.C. 701h-1), is amended--
(1) in the first sentence--
(A) by striking ``Whenever any'' and inserting the
following:
``(a) In General.--Whenever any'';
(B) by striking ``a flood-control project duly
adopted and authorized by law'' and inserting ``an
authorized water resources development study or
project,''; and
(C) by striking ``such work'' and inserting ``such
study or project'';
(2) in the second sentence--
(A) by striking ``The Secretary of the Army'' and
inserting the following:
``(b) Repayment.--The Secretary of the Army''; and
(B) by striking ``from appropriations which may be
provided by Congress for flood-control work'' and
inserting ``if specific appropriations are provided by
Congress for such purpose''; and
(3) by adding at the end the following:
``(c) Definition of State.--In this section, the term `State'
means--
``(1) a State;
``(2) the District of Columbia;
``(3) the Commonwealth of Puerto Rico;
``(4) any other territory or possession of the United
States; and
``(5) a federally recognized Indian tribe or 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)).''.
SEC. 1003. 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.''; and
(2) in subsection (c), 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. 1004. PARTNERSHIPS WITH NON-FEDERAL ENTITIES TO PROTECT THE
FEDERAL INVESTMENT.
(a) In General.--Subject to subsection (c), the Secretary is
authorized to partner with a non-Federal interest for the maintenance
of a water resources project to ensure that the project will continue
to function for the authorized purposes of the project.
(b) Form of Partnership.--Under a partnership referred to in
subsection (a), the Secretary is authorized to accept and use funds,
materials, and services contributed by the non-Federal interest.
(c) No Credit or Reimbursement.--Any entity that contributes
materials, services, or funds under this section shall not be eligible
for credit, reimbursement, or repayment for the value of those
materials, services, or funds.
SEC. 1005. NON-FEDERAL STUDY AND CONSTRUCTION OF PROJECTS.
(a) In General.--The Secretary may accept and expend funds provided
by non-Federal interests to undertake reviews, inspections, monitoring,
and other Federal activities related to non-Federal interests carrying
out the study, design, or construction of water resources development
projects under section 203 or 204 of the Water Resources Development
Act of 1986 (33 U.S.C. 2231, 2232) or any other Federal law.
(b) Inclusion in Costs.--In determining credit or reimbursement,
the Secretary may include the amount of funds provided by a non-Federal
interest under this section as a cost of the study, design, or
construction.
SEC. 1006. 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. 1007. CHALLENGE COST-SHARING PROGRAM FOR 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 or private entity that has entered into
an agreement pursuant to subsection (b) to collect user
fees for the use of developed recreation sites and
facilities, whether developed or constructed by that
entity or the Department of the Army.
``(B) Use of visitor reservation services.--A
public or private 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 or private entity
that collects user fees under paragraph (1) may--
``(A) 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)), use
that amount for operation, maintenance, and management
at the recreation site at which the fee is collected.
``(3) Terms and conditions.--The authority of a non-Federal
public or private 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. 1008. STRUCTURES AND FACILITIES CONSTRUCTED BY THE SECRETARY.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) (commonly
known as the ``Rivers and Harbors Act of 1899''), 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 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 Chief of Engineers shall, to the
maximum extent practicable--
``(i) participate in the review as a
cooperating agency (unless the Chief of
Engineers does not intend to submit comments on
the project); and
``(ii) adopt and use any environmental
document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) by the lead agency to the same
extent that a Federal agency could adopt or use
a document prepared by another Federal agency
under--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) parts 1500 through 1508 of
title 40, Code of Federal Regulations
(or successor regulations).
``(2) Reviews by secretary.--In any case in which the
Secretary of the Army is required to 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 the 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 the document, as
determined by the Secretary, is current and applicable.
``(3) Contributed funds.--The Secretary of the Army 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.''.
SEC. 1009. PROJECT COMPLETION.
For any project authorized under section 219 of the Water Resources
Development Act of 1992 (Public Law 102-580; 106 Stat. 4835), the
authorization of appropriations is increased by the amount, including
in increments, necessary to allow completion of the project if--
(1) 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;
(2) significant progress has been demonstrated toward
completion of the project or segments of the project but the
project is not complete as of the date of enactment of this
Act; and
(3) the benefits of the Federal investment will not be
realized without an increase in the authorization of
appropriations to allow completion of the project.
SEC. 1010. CONTRIBUTED FUNDS.
(a) Contributed Funds.--Section 5 of the Act of June 22, 1936 (33
U.S.C. 701h) (commonly known as the ``Flood Control Act of 1936''), is
amended--
(1) by striking ``funds appropriated by the United States
for''; and
(2) in the first proviso, by inserting after ``authorized
purposes of the project:'' the following: ``Provided further,
That the Secretary may receive and expend funds from a State or
a political subdivision of a State and other non-Federal
interests to formulate, review, or revise, consistent with
authorized project purposes, operational documents for any
reservoir owned and operated by the Secretary (other than
reservoirs in the Upper Missouri River, the Apalachicola-
Chattahoochee-Flint River system, the Alabama-Coosa-Tallapoosa
River system, and the Stones River):''
(b) Report.--Section 1015 of the Water Resources Reform and
Development Act of 2014 is amended by striking subsection (b) (33
U.S.C. 701h note; Public Law 113-121) and inserting the following:
``(b) Report.--Not later than February 1 of each year, the
Secretary shall submit to the Committees on Environment and Public
Works and Appropriations of the Senate and the Committees on
Transportation and Infrastructure and Appropriations of the House of
Representatives a report that--
``(1) describes the number of agreements executed in the
previous fiscal year for the acceptance of contributed funds
under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h)
(commonly known as the `Flood Control Act of 1936'); and
``(2) includes information on the projects and amounts of
contributed funds referred to in paragraph (1).''.
SEC. 1011. APPLICATION OF CERTAIN BENEFITS AND COSTS INCLUDED IN FINAL
FEASIBILITY STUDIES.
(a) In General.--For a navigation project authorized after November
7, 2007, involving offshore oil and gas fabrication ports, the
recommended plan by the Chief of Engineers shall be the plan that uses
the value of future energy exploration and production fabrication
contracts and the transportation savings that would result from a
larger navigation channel in accordance with section 6009 of the
Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 282).
(b) Special Rule.--In addition to projects described in subsection
(a), this section shall apply to--
(1) a project that has undergone an economic benefits
update; and
(2) at the request of the non-Federal sponsor, any ongoing
feasibility study for which the benefits under section 6009 of
the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-
13; 119 Stat. 282) may apply.
SEC. 1012. 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 Federal water resources projects through--
(1) modification of a water resources project;
(2) modification of how a project is managed; or
(3) accessing water released from a project.
(b) Proposals Included.--A proposal under subsection (a) may
include--
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the
project--
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from
pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs
(1) through (4).
(c) Exclusions.--This section shall not apply to a proposal that--
(1) reallocates existing water supply or hydropower
storage; or
(2) reduces water available for any authorized project
purpose.
(d) Other Federal Projects.--In any case in which a proposal
relates to a Federal project that is not owned 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 owns the project, in the
case of a project owned 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
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 (commonly known
as the ``Rivers and Harbors Act of 1899'') (33 U.S.C. 408).
(g) Limitations.--The Secretary shall not approve a proposal
submitted under subsection (a) that--
(1) is not supported by the Federal agency that owns the
project if the owner is not the Secretary;
(2) interferes with an authorized purpose of the project;
(3) adversely impacts contractual rights to water or
storage at the reservoir;
(4) adversely impacts legal rights to water under State
law, as determined by an affected State;
(5) increases costs for any entity other than the entity
that submitted the proposal; or
(6) if a project is subject to section 301(e) of the Water
Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications to
the project that do not meet the requirements of that section
unless the modification is submitted to and authorized by
Congress.
(h) Cost Share.--
(1) In general.--Except as provided in paragraph (2), 100
percent of the cost of developing, reviewing, and implementing
a proposal submitted under subsection (a) shall be provided by
an entity other than the Federal Government.
(2) Planning assistance to states.--In the case of a
proposal from an entity authorized to receive assistance under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16), the Secretary may use funds available under
that section to pay 50 percent of the cost of a review of a
proposal submitted under subsection (a).
(3) Operation and maintenance costs.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the operation and
maintenance costs for the non-Federal sponsor of a
proposal submitted under subsection (a) shall be 100
percent of the separable operation and maintenance
costs associated with the costs of implementing the
proposal.
(B) Certain water supply storage projects.--For a
proposal submitted under subsection (a) for
constructing additional water supply storage at a
reservoir for use under a water supply storage
agreement, in addition to the costs under subparagraph
(A), the non-Federal costs shall include the
proportional share of any joint-use costs for
operation, maintenance, repair, replacement, or
rehabilitation of the reservoir project determined in
accordance with section 301 of the Water Supply Act of
1958 (43 U.S.C. 390b).
(C) Voluntary contributions.--An entity other than
an entity described in subparagraph (A) may voluntarily
contribute to the costs of implementing a proposal
submitted under subsection (a).
(i) Contributed Funds.--The Secretary may receive and expend funds
contributed by a non-Federal interest for the review and approval of a
proposal submitted under subsection (a).
(j) Assistance.--On request by a non-Federal interest, the
Secretary may provide technical assistance in the development or
implementation of a proposal under subsection (a), including assistance
in obtaining necessary permits for construction, if the non-Federal
interest contracts with the Secretary to pay all costs of providing the
technical assistance.
(k) Exclusion.--This section shall not apply to reservoirs in--
(1) the Upper Missouri River;
(2) the Apalachicola-Chattahoochee-Flint river system;
(3) the Alabama-Coosa-Tallapoosa river system; and
(4) the Stones River.
(l) Effect of Section.--Nothing in this section affects or modifies
any authority of the Secretary to review or modify reservoirs.
SEC. 1013. NEW ENGLAND DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by section 101 of the Civil Functions
Appropriations Act, 1954 (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 Army 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 Army 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 section 101 of the
Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is
appropriately reimbursed from funds appropriated for programs that
receive a benefit under this section.
SEC. 1014. BUFFALO DISTRICT HEADQUARTERS.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by section 101 of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576) and not otherwise obligated,
the Secretary may--
(1) design and construct a new building in Buffalo, New
York, for the headquarters of the Buffalo District of the Army
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 Army 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 section 101 of the
Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is
appropriately reimbursed from funds appropriated for programs that
receive a benefit under this section.
SEC. 1015. 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 the non-Federal sponsor for operation, maintenance,
repair, replacement, and rehabilitation of the ecosystem restoration
project shall cease 10 years after the date on which the Secretary
makes a determination of success under subsection (b)(2).''.
SEC. 1016. CREDIT FOR DONATED GOODS.
Section 221(a)(4)(D)(iv) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(a)(4)(D)(iv)) is amended--
(1) by inserting ``regardless of the cost incurred by the
non-Federal interest,'' before ``shall not''; and
(2) by striking ``costs'' and inserting ``value''.
SEC. 1017. 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) pre-disaster mitigation measures;
(3) lengthening the useful life of the infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and Consideration.--In developing the program
under subsection (a), the Secretary shall--
(1) consult with academic and other experts; and
(2) consider models for maintenance and repair information,
the development of degradation models for real-time
measurements and environmental inputs, and research on
qualitative inspection data as surrogate sensors.
SEC. 1018. FISH AND WILDLIFE MITIGATION.
Section 906 of the Water Resources Development Act of 1986 (33
U.S.C. 2283) is amended--
(1) in subsection (h)--
(A) in paragraph (4)--
(i) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively;
and
(ii) by inserting after subparagraph (C)
the following:
``(D) include measures to protect or restore
habitat connectivity'';
(B) in paragraph (6)(C), by striking ``impacts''
and inserting ``impacts, including impacts to habitat
connectivity''; and
(C) by striking paragraph (11) and inserting the
following:
``(11) Effect.--Nothing in this subsection--
``(A) requires the Secretary to undertake
additional mitigation for existing projects for which
mitigation has already been initiated, including the
addition of fish passage to an existing water resources
development project; or
``(B) affects the mitigation responsibilities of
the Secretary under any other provision of law.''; and
(2) by adding at the end the following:
``(j) Use of Funds.--The Secretary may use funds made available for
preconstruction engineering and design prior to 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.
``(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. 1019. 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 ``or 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))'' after ``Indian tribe''.
SEC. 1020. DISCRETE SEGMENT.
Section 204 of the Water Resources Development Act of 1986 (33
U.S.C. 2232) is amended--
(1) by striking ``project or separable element'' each place
it appears and inserting ``project, separable element, or
discrete segment'';
(2) by striking ``project, or separable element thereof,''
each place it appears and inserting ``project, separable
element, or discrete segment of a project'';
(3) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately; and
(B) by striking the subsection designation and all
that follows through ``In this section, the'' and
inserting the following:
``(a) Definitions.--In this section:
``(1) Discrete segment.--The term `discrete segment', with
respect to a project, means a physical portion of the project,
as described in design documents, that is environmentally
acceptable, is complete, will not create a hazard, and
functions independently so that the non-Federal sponsor can
operate and maintain the discrete segment in advance of
completion of the total project or separable element of the
project.
``(2) Water resources development project.--The'';
(4) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``project, or separate element
thereof'' and inserting ``project, separable element, or
discrete segment of a project''; and
(5) in subsection (d)--
(A) in paragraph (3)(B), in the matter preceding
clause (i), by striking ``project'' and inserting
``project, separable element, or discrete segment'';
(B) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``project, or a separable
element of a water resources development project,'' and
inserting ``project, separable element, or discrete
segment of a project''; and
(C) by adding at the end the following:
``(5) Repayment of reimbursement.--If the non-Federal
interest receives reimbursement for a discrete segment of a
project and fails to complete the entire project or separable
element of the project, the non-Federal interest shall repay to
the Secretary the amount of the reimbursement, plus
interest.''.
SEC. 1021. 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) Rail carrier.--The term `rail carrier' has
the meaning given the term in section 10102 of title
49, United States Code.'';
(2) in paragraph (2), by striking ``or natural gas
company'' and inserting ``, natural gas company, or rail
carrier'';
(3) in paragraph (3), by striking ``or natural gas
company'' and inserting ``, natural gas company, or rail
carrier''; and
(4) in paragraph (5), by striking ``and natural gas
companies'' and inserting ``, natural gas companies, and rail
carriers, including an evaluation of the compliance with all
requirements of this section and, with respect to a permit for
those entities, the requirements of all applicable Federal
laws''.
SEC. 1022. INTERNATIONAL OUTREACH PROGRAM.
Section 401 of the Water Resources Development Act of 1992 (33
U.S.C. 2329) is amended by striking subsection (a) and inserting the
following:
``(a) Authorization.--
``(1) In general.--The Secretary may engage in activities
to inform the United States of technological innovations abroad
that could significantly improve water resources development in
the United States.
``(2) Inclusions.--Activities under paragraph (1) may
include--
``(A) development, monitoring, assessment, and
dissemination of information about foreign water
resources projects that could significantly improve
water resources development in the United States;
``(B) research, development, training, and other
forms of technology transfer and exchange; and
``(C) offering technical services that cannot be
readily obtained in the private sector to be
incorporated into water resources projects if the costs
for assistance will be recovered under the terms of
each project.''.
SEC. 1023. WETLANDS MITIGATION.
Section 2036(c) of the Water Resources Development Act of 2007 (33
U.S.C. 2317b) is amended by adding at the end the following:
``(4) Mitigation banks.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, 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 and in-
lieu fee programs with an approved service area that
includes the projected impacts of the water resource
development project.
``(B) Requirements.--All potential mitigation bank
and in-lieu fee credits that meet the criteria under
subparagraph (A) shall be considered a reasonable
alternative for planning purposes if 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.
``(C) Effect.--Nothing in this paragraph modifies
or alters any requirement for a water resources project
to comply with applicable laws or regulations,
including section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283).''.
SEC. 1024. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
Section 213 of the Water Resources Development Act of 2000 (33
U.S.C. 2339) is amended by adding at the end the following:
``(d) Youth Service and Conservation Corps.--The Secretary shall
encourage each district of the Corps of Engineers to enter into
cooperative agreements authorized under this section with qualified
youth service and conservation corps to perform appropriate
projects.''.
SEC. 1025. DEBRIS REMOVAL.
Section 3 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved March 2, 1945
(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. 1026. AQUACULTURE STUDY.
(a) In General.--The Comptroller General shall carry out an
assessment of the shellfish aquaculture industry, including--
(1) an examination of Federal and State laws (including
regulations) in each relevant district of the Corps of
Engineers;
(2) the number of shellfish aquaculture leases,
verifications, or permits in place in each relevant district of
the Corps of Engineers;
(3) the period of time required to secure a shellfish
aquaculture lease, verification, or permit from each relevant
jurisdiction; and
(4) the experience of the private sector in applying for
shellfish aquaculture permits from different jurisdictions of
the Corps of Engineers and different States.
(b) Study Area.--The study area shall comprise, to the maximum
extent practicable, the following applicable locations:
(1) The Chesapeake Bay.
(2) The Gulf Coast States.
(3) The State of California.
(4) The State of Washington.
(c) Findings.--Not later than 225 days after the date of enactment
of this Act, the Comptroller General shall submit to the Committees on
Environment and Public Works and on Energy and Natural Resources of the
Senate and the Committees on Transportation and Infrastructure and on
Natural Resources of the House of Representatives a report containing
the findings of the assessment conducted under subsection (a).
SEC. 1027. LEVEE VEGETATION.
(a) In General.--Section 3013(g)(1) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 701n note; Public Law 113-121)
is amended--
(1) by inserting ``remove existing vegetation or'' after
``the Secretary shall not''; and
(2) by striking ``as a condition or requirement for any
approval or funding of a project, or any other action''.
(b) Report.--Not later than 30 days after the 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 that--
(1) describes the reasons for the failure of the Secretary
to meet the deadlines in subsection (f) of section 3013 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
701n note; Public Law 113-121); and
(2) provides a plan for completion of the activities
required in that subsection (f).
SEC. 1028. PLANNING ASSISTANCE TO STATES.
Section 22(a)(1) of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16(a)(1)) is amended--
(1) by inserting ``, a group of States, or a regional or
national consortia of States'' after ``working with a State'';
and
(2) by striking ``located within the boundaries of such
State''.
SEC. 1029. PRIORITIZATION.
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
``(II)'' and inserting ``that''; 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.''.
SEC. 1030. KENNEWICK MAN.
(a) Definitions.--In this section:
(1) Claimant tribes.--The term ``claimant tribes'' means
the Indian tribes and band referred to in the letter from
Secretary of the Interior Bruce Babbitt to Secretary of the
Army Louis Caldera, relating to the human remains and dated
September 21, 2000.
(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 remains and
repatriates the remains to claimant tribes.
(c) Cost.--The Corps of Engineers shall be responsible for any
costs associated with the transfer.
(d) Limitations.--
(1) In general.--The transfer shall be limited solely to
the human remains portion of the archaeological collection.
(2) Secretary.--The Secretary shall have no further
responsibility for the human remains transferred pursuant to
subsection (b) after the date of the transfer.
SEC. 1031. DISPOSITION STUDIES.
In carrying out any disposition study for a project of the Corps of
Engineers (including a study under section 216 of the Flood Control Act
of 1970 (33 U.S.C. 549a)), the Secretary shall consider the extent to
which the property has economic or recreational significance or impacts
at the national, State, or local level.
SEC. 1032. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a)--
(A) 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
(B) by adding at the end the following:
``(2) Reasonable intervals.--On request from a non-Federal
interest, the credit described in subsection (a) may be applied
at reasonable intervals as those intervals occur and are
identified as being in excess of the required non-Federal cost
share prior to completion of the study or project if the credit
amount is verified by the Secretary.'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
SEC. 1033. SURPLUS WATER STORAGE.
Section 1046(c) of the Water Resources Reform and Development Act
of 2014 (Public Law 113-121; 128 Stat. 1254) is amended by adding at
the end the following:
``(5) Time limit.--
``(A) In general.--If the Secretary has documented
the volume of surplus water available, not later than
60 days after the date on which the Secretary receives
a request for a contract and easement, the Secretary
shall issue a decision on the request.
``(B) Outstanding information.--If the Secretary
has not documented the volume of surplus water
available, not later than 30 days after the date on
which the Secretary receives a request for a contract
and easement, the Secretary shall provide to the
requester--
``(i) an identification of any outstanding
information that is needed to make a final
decision;
``(ii) the date by which the information
referred to in clause (i) shall be obtained;
and
``(iii) the date by which the Secretary
will make a final decision on the request.''.
SEC. 1034. HURRICANE AND STORM DAMAGE REDUCTION.
Section 3(c)(2)(B) of the Act of August 13, 1946 (33 U.S.C.
426g(c)(2)(B)) is amended by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 1035. 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. 1036. FEASIBILITY STUDIES AND WATERSHED ASSESSMENTS.
(a) Vertical Integration and Acceleration of Studies.--Section
1001(d) of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282c(d)) is amended by striking paragraph (3) and inserting the
following:
``(3) Report.--Not later than February 1 of each year, 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 any feasibility study for which the Secretary
in the preceding fiscal year approved an increase in cost or
extension in time as provided under this section, including an
identification of the specific 1 or more factors used in making
the determination that the project is complex.''.
(b) Cost Sharing.--Section 105(a)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)(1)(A)) is amended--
(1) by striking the subparagraph designation and heading
and all that follows through ``The Secretary'' and inserting
the following:
``(A) Requirement.--
``(i) In general.--Except as provided in
clause (ii), the Secretary''; and
(2) by adding at the end the following:
``(ii) Exception.--For the purpose of
meeting or otherwise communicating with
prospective non-Federal sponsors to identify
the scope of a potential water resources
project feasibility study, identifying the
Federal interest, developing the cost sharing
agreement, and developing the project
management plan, the first $100,000 of the
feasibility study shall be a Federal
expense.''.
(c) Non-Federal Share.--Section 729(f)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2267a(f)(1)) is amended by inserting
before the period at the end ``, except that the first $100,000 of the
assessment shall be a Federal expense''.
SEC. 1037. 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. 1038. 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. 1039. COST ESTIMATES.
Section 2008 of the Water Resources Development Act of 2007 (33
U.S.C. 2340) is amended by striking subsection (c).
SEC. 1040. 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 or projects for the preservation of cultural
and natural resources,'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``(2) Matters to be
studied.--A study'' and inserting the following:
``(2) Authorized activities.--Any 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, and provide
to the Indian tribe a report describing the feasibility
of a water resources development project or project for
the preservation of cultural and natural resources
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.
``(C) Funding.--The first $100,000 of a study under
this paragraph shall be at full Federal expense.
``(4) Design and construction.--
``(A) In general.--The Secretary may carry out the
design and construction of a water resources
development project or project for the preservation of
cultural and natural resources 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 ``any activity''; and
(B) in paragraph (2)(B), by striking ``carrying out
projects studied'' and inserting ``any activity
conducted'';
(3) in subsection (d)--
(A) in paragraph (1)(A), by striking ``a study''
and inserting ``any 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 any activity conducted under
subsection (b) the cost of services, studies, supplies, or
other in-kind contributions provided by the non-Federal
interest.
``(3) Sovereign immunity.--The Secretary shall not require
an Indian tribe to waive the sovereign immunity of the Indian
tribe as a condition to entering into a cost-sharing agreement
under this subsection.
``(4) Water resources development projects.--
``(A) In general.--The non-Federal share of costs
for the study of a water resources development project
described in subsection (b)(1) shall be 50 percent.
``(B) Other costs.--The non-Federal share of costs
of design and construction of a project described in
subparagraph (A) shall be assigned to the appropriate
project purposes described in sections 101 and 103 of
the Water Resources Development Act of 1986 (33 U.S.C.
2211, 2213) and shared in the same percentages as the
purposes to which the costs are assigned.
``(5) Projects for the preservation of cultural and natural
resources.--
``(A) In general.--The non-Federal share of costs
for the study of a project for the preservation of
cultural and natural resources described in subsection
(b)(1) shall be 50 percent.
``(B) Other costs.--The non-Federal share of costs
of design and construction of a project described in
subparagraph (A) shall be 65 percent.
``(6) Water-related planning activities.--
``(A) In general.--The non-Federal share of costs
of a watershed and river basin assessment 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 65 percent.''; and
(4) by striking subsection (e).
SEC. 1041. COST SHARING FOR TERRITORIES AND 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 striking ``territories'' and
inserting ``territories and indian tribes''; and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall waive local cost-sharing
requirements up to $200,000 for all studies, projects, and assistance
under section 22(a) of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16(a))--
``(1) in American Samoa, Guam, the Northern Mariana
Islands, the Virgin Islands, Puerto Rico, and the Trust
Territory of the Pacific Islands; and
``(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. 1042. LOCAL GOVERNMENT WATER MANAGEMENT PLANS.
The Secretary, with the consent of the non-Federal sponsor of a
feasibility study for a water resources development project, may enter
into a feasibility study cost-sharing agreement under section 221(a) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)), to allow a unit
of local government in a watershed that has adopted a local or regional
water management plan to participate in the feasibility study to
determine if there is an opportunity to include additional feasible
elements in the project being studied to help achieve the purposes
identified in the local or regional water management plan.
SEC. 1043. 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. 1044. RETROACTIVE CHANGES TO COST-SHARING AGREEMENTS.
Study costs incurred before the date of execution of a feasibility
cost-sharing agreement for a project to be carried out under section
206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330)
shall be Federal costs, if--
(1) the study was initiated before October 1, 2006; and
(2) the feasibility cost-sharing agreement was not executed
before January 1, 2014.
SEC. 1045. EASEMENTS FOR ELECTRIC, TELEPHONE, OR BROADBAND SERVICE
FACILITIES ELIGIBLE FOR FINANCING UNDER THE RURAL
ELECTRIFICATION ACT OF 1936.
(a) Definition of Water Resources Development Project.--In this
section, the term ``water resources development project'' means a
project under the administrative jurisdiction of the Corps of Engineers
that is subject to part 327 of title 36, Code of Federal Regulations
(or successor regulations).
(b) No Consideration for Easements.--The Secretary may not collect
consideration for an easement across water resources development
project land for the electric, telephone, or broadband service
facilities of nonprofit organizations eligible for financing under the
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
(c) Administrative Expenses.--Nothing in this section affects the
authority of the Secretary under section 2695 of title 10, United
States Code, or under section 9701 of title 31, United State Code, to
collect funds to cover reasonable administrative expenses incurred by
the Secretary.
SEC. 1046. STUDY ON THE PERFORMANCE OF INNOVATIVE MATERIALS.
(a) Definition of Innovative Material.--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,
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 the innovative materials in
reducing degradation;
(C) barriers to the expanded successful use of
innovative materials;
(D) recommendations on including performance-based
requirements for the incorporation of innovative
materials into the Unified Facilities Guide
Specifications;
(E) recommendations on how greater use of
innovative materials could increase performance of an
asset of the Corps of Engineers in relation to extended
service life;
(F) additional ways in which greater use of
innovative materials could empower the Corps of
Engineers to accomplish the goals of the Strategic Plan
for Civil Works of the Corps of Engineers; and
(G) recommendations on any further research needed
to improve the capabilities of innovative materials in
achieving extended service life and reduced maintenance
costs in water resources development infrastructure.
(c) Public Comment.--After developing the study proposal under
subsection (b)(1)(A) and before carrying out the study under subsection
(b)(1)(B), the Secretary shall provide an opportunity for public
comment on the study proposal.
(d) Consultation.--In carrying out the study under subsection
(b)(1), the Secretary, at a minimum, shall consult with relevant
experts on engineering, environmental, and industry considerations.
(e) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
describing the results of the study required under subsection (b)(1).
SEC. 1047. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) In General.--Section 6001(c) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 579b(c)) is amended by adding at the
end the following:
``(5) Definition of construction.--In this subsection, the
term `construction' includes the obligation or expenditure of
non-Federal funds for construction of elements integral to the
authorized project, whether or not the activity takes place
pursuant to any agreement with, expenditure by, or obligation
from the Secretary.''.
(b) Notices of Correction.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall publish in the Federal
Register a notice of correction removing from the lists under
subsections (c) and (d) of section 6001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 579b) any project that was
listed even though construction (as defined in subsection (c)(5) of
that section) took place.
SEC. 1048. REVIEW OF RESERVOIR OPERATIONS.
(a) Definitions.--In this section:
(1) Reserved works.--The term ``reserved works'' means any
Bureau of Reclamation project facility at which the Secretary
of the Interior carries out the operation and maintenance of
the project facility.
(2) Transferred works.--The term ``transferred works''
means a Bureau of Reclamation project facility, the operation
and maintenance of which is carried out by a non-Federal entity
under the provisions of a formal operation and maintenance
transfer contract.
(3) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and maintenance
of transferred works.
(b) Applicability.--
(1) In general.--This section applies to reservoirs that
are subject to regulation by the Secretary under section 7 of
the Act of December 22, 1944 (33 U.S.C. 709) located in a State
in which a Bureau of Reclamation project is located.
(2) Exclusions.--This section shall not apply to--
(A) any project authorized by the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.);
(B) the initial units of the Colorado River Storage
Project, as authorized by the first section of the Act
of April 11, 1956 (commonly known as the ``Colorado
River Storage Project Act'') (43 U.S.C. 620);
(C) any dam or reservoir operated by the Bureau of
Reclamation as reserved works, unless all non-Federal
project sponsors of the reserved works jointly provide
to the Secretary a written request for application of
this section to the project;
(D) any dam or reservoir owned and operated by the
Corps of Engineers; or
(E) any Bureau of Reclamation transferred works,
unless the transferred works operating entity provides
to the Secretary a written request for application of
this section to the project.
(c) Review.--
(1) In general.--In accordance with the authorities of the
Secretary in effect on the day before the date of enactment of
this Act, at the reservoirs described in paragraph (2), the
Secretary may--
(A) review any flood control rule curves developed
by the Secretary; and
(B) determine, based on the best available science
(including improved weather forecasts and forecast-
informed operations, new watershed data, or structural
improvements) whether an update to the flood control
rule curves and associated changes to the water
operations manuals is appropriate.
(2) Description of reservoirs.--The reservoirs referred to
in paragraph (1) are reservoirs--
(A)(i) located in areas with prolonged drought
conditions; or
(ii) for which no review has occurred during the
10-year period preceding the date of enactment of this
Act; and
(B) for which individuals or entities, including
the individuals or entities responsible for operations
and maintenance costs or that have storage entitlements
or contracts at a reservoir, a unit of local
government, the owner of a non-Federal project, or the
non-Federal transferred works operating entity, as
applicable, have submitted to the Secretary a written
request to carry out the review described in paragraph
(1).
(3) Required consultation.--In carrying out a review under
paragraph (1) and prior to updating any flood control rule
curves and manuals under subsection (e), the Secretary shall
comply with all applicable public participation and agency
review requirements, including consultation with--
(A) affected States, Indian tribes, and other
Federal and State agencies with jurisdiction over a
portion of or all of the project or the operations of
the project;
(B) the applicable power marketing administration,
in the case of reservoirs with Federal hydropower
projects;
(C) any non-Federal entity responsible for
operation and maintenance costs;
(D) any entity that has a contractual right to
withdraw water from, or use storage at, the project;
(E) any entity that the State determines holds
rights under State law to the use of water from the
project; and
(F) any unit of local government with flood risk
reduction responsibilities downstream of the project.
(d) Agreement.--Before carrying out an activity under this section,
the Secretary shall enter into a cooperative agreement, memorandum of
understanding, or other agreement with an affected State, any owner or
operator of the reservoir, and, on request, any non-Federal entities
responsible for operation and maintenance costs at the reservoir, that
describes the scope and goals of the activity and the coordination
among the parties.
(e) Updates.--If the Secretary determines under subsection (c) that
an update to a flood control rule curve and associated changes to a
water operations manual is appropriate, the Secretary may update the
flood control rule curve and manual in accordance with the authorities
in effect on the day before the date of enactment of this Act.
(f) Funding.--
(1) In general.--Subject to subsection (d), the Secretary
may accept and expend amounts from the entities described in
paragraph (2) to fund all or part of the cost of carrying out a
review under subsection (c) or an update under subsection (e),
including any associated environmental documentation.
(2) Description of entities.--The entities referred to in
paragraph (1) are--
(A) non-Federal entities responsible for operations
and maintenance costs at the affected reservoir;
(B) individuals and non-Federal entities with
storage entitlements at the affected reservoir;
(C) a Federal power marketing agency that markets
power produced by the affected reservoir;
(D) units of local government;
(E) public or private entities holding contracts
with the Federal Government for water storage or water
supply at the affected reservoir; and
(F) a nonprofit entity, with the consent of the
affected unit of local government.
(3) In-kind contributions.--The Secretary may--
(A) accept and use materials and services
contributed by an entity described in paragraph (2)
under this subsection; and
(B) credit the value of the contributed materials
and services toward the cost of carrying out a review
or revision of operational documents under this
section.
(g) Protection of Existing Rights.--The Secretary shall not issue
an updated flood control rule curve or operations manual under
subsection (e) that--
(1) interferes with an authorized purpose of the project or
the existing purposes of a non-Federal project regulated for
flood control by the Secretary;
(2) reduces the ability to meet contractual rights to water
or storage at the reservoir;
(3) adversely impacts legal rights to water under State
law;
(4) fails to address appropriate credit for the appropriate
power marketing agency, if applicable; or
(5) 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) Effect of Section.--Nothing in this section--
(1) authorizes the Secretary to take any action not
otherwise authorized as of the date of enactment of this Act;
(2) affects or modifies any obligation of the Secretary
under Federal or State law; or
(3) affects or modifies any other authority of the
Secretary to review or modify reservoir operations.
SEC. 1049. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS.
Section 221(a)(3) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(3)) is amended by striking ``State legislature, the
agreement may reflect'' and inserting ``State legislature, on the
request of the State, body politic, or entity, the agreement shall
reflect''.
SEC. 1050. MAXIMUM COST OF PROJECTS.
Section 902 of the Water Resources Development of 1986 (33 U.S.C.
2280) is amended--
(1) in subsection (a)(2)(A), by striking ``indexes'' and
inserting ``indexes, including actual appreciation in relevant
real estate markets''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding subsection (a),
in accordance with section 5 of the Act of June 22,
1936 (33 U.S.C. 701h)'' and inserting the following:
``(1) In general.--Notwithstanding subsection (a)'';
(B) in paragraph (1) (as so designated)--
(i) by striking ``funds'' the first place
it appears and inserting ``funds, in-kind
contributions, and land, easements, and right-
of-way, relocations, and dredged material
disposal areas''; and
(ii) by striking ``such funds'' each place
it appears and inserting ``the contributions'';
and
(C) by adding at the end the following:
``(2) Limitation.--Funds, in-kind contributions, and land,
easements, and right-of-way, relocations, and dredged material
disposal areas provided under this subsection are not eligible
for credit or repayment and shall not be included in
calculating the total cost of the project.''.
SEC. 1051. CONVERSION OF SURPLUS WATER AGREEMENTS.
Section 6 of the Act of December 22, 1944 (33 U.S.C. 708), is
amended--
(1) by striking ``sec. 6. That the Secretary'' and
inserting the following:
``SEC. 6. SALE OF SURPLUS WATERS FOR DOMESTIC AND INDUSTRIAL USES.
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Continuation of Certain Water Supply Agreements.--In any case
in which a water supply agreement was predicated on water that was
surplus to a purpose and provided for contingent permanent storage
rights under section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b) pending the need for storage for that purpose, and that purpose
is no longer authorized, the Secretary of the Army shall continue the
agreement with the same payment and all other terms as in effect prior
to deauthorization of the purpose if the non-Federal entity has met all
of the conditions of the agreement.
``(c) Permanent Storage Agreements.--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, the Secretary of the Army 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. 1052. AUTHORIZED FUNDING FOR INTERAGENCY AND INTERNATIONAL
SUPPORT.
Section 234(d)(1) of the Water Resources Development Act of 1996
(33 U.S.C. 2323a(d)(1)) is amended by striking ``$1,000,000'' and
inserting ``$5,000,000''.
SEC. 1053. SURPLUS WATER STORAGE.
(a) In General.--The Secretary shall not charge a fee for surplus
water under a contract entered into pursuant to section 6 of the Act of
December 22, 1944 (33 U.S.C. 708) (commonly known as the ``Flood
Control Act of 1944'') if the contract is for surplus water stored in
the Lake Cumberland Watershed, Kentucky and Tennessee.
(b) Termination.--The limitation under subsection (a) shall expire
on the date that is 2 years after the date of enactment of this Act.
(c) Applicability.--Nothing in this section--
(1) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions;
(2) affects the application of section 6 of the Act of
December 22, 1944 (33 U.S.C. 708) (commonly known as the
``Flood Control Act of 1944'') or the Water Supply Act of 1958
(43 U.S.C. 390b) to surplus water stored outside of the Lake
Cumberland Watershed, Kentucky and Tennessee; or
(3) affects the authority of the Secretary to accept funds
under section 216(c) of the Water Resources Development Act of
1996 (33 U.S.C. 2321a).
SEC. 1054. GAO REVIEW AND REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a review, and
submit to Congress a report on the implementation and effectiveness of
the projects carried out under section 219 of the Water Resources
Development Act of 1992 (Public Law 102-580; 106 Stat. 4835).
TITLE II--NAVIGATION
SEC. 2001. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST FUND.
Beginning on June 10, 2014, and ending on the date that is 15 years
after the date of enactment of this Act, 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. 2002. OPERATION AND MAINTENANCE OF FUEL-TAXED INLAND WATERWAYS.
Section 102(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2212(c)) is amended by adding at the end the following:
``(3) Credit or reimbursement.--The Federal share of
operation and maintenance carried out by a non-Federal interest
under this subsection after the date of enactment of the Water
Resources Reform and Development Act of 2014 shall be eligible
for reimbursement or for credit toward--
``(A) the non-Federal share of future operation and
maintenance under this subsection; or
``(B) any measure carried out by the Secretary
under section 3017(a) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3303a note; Public
Law 113-121).''.
SEC. 2003. 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, then 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. 2004. 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).
SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, MAINE.
(a) Deadline.--The Cape Arundel Disposal Site selected by the
Department of the Army as an alternative dredged material disposal site
under section 103(b) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) and reopened pursuant to
section 113 of the Energy and Water Development and Related Agencies
Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 158) (referred
to in this section as the ``Site'') may remain open until the earlier
of--
(1) the date on which the Site does not have any remaining
disposal capacity;
(2) the date on which an environmental impact statement
designating an alternative dredged material disposal site for
southern Maine has been completed; or
(3) the date that is 5 years after the date of enactment of
this Act.
(b) Limitations.--The use of the Site as a dredged material
disposal site under subsection (a) shall be subject to the conditions
that--
(1) conditions at the Site remain suitable for the
continued use of the Site as a dredged material disposal site;
and
(2) the Site not be used for the disposal of more than
80,000 cubic yards from any single dredging project.
SEC. 2006. 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. 2007. AIDS TO NAVIGATION.
(a) In General.--The Secretary shall--
(1) consult with the Commandant of the Coast Guard
regarding navigation on the Ouachita-Black Rivers; and
(2) share information regarding the assistance that the
Secretary can provide regarding the placement of any aids to
navigation on the rivers referred to in paragraph (1).
(b) Report.--Not later than 1 year 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 outcome
of the consultation under subsection (a).
SEC. 2008. BENEFICIAL USE OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) is amended by adding at the end the following:
(1) in subsection (a)(1)--
(A) by striking ``For sediment'' and inserting the
following:
``(A) In general.--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)).''.
SEC. 2009. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.
Section 210(c)(3) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(c)(3)) is amended by striking ``for each of fiscal
years 2015 through 2022'' and inserting ``for each fiscal year''.
SEC. 2010. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER
PORTS.
Section 2106 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2238c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Discretionary cargo.--The term `discretionary cargo'
means maritime cargo that is destined for inland locations and
that can be economically shipped through multiple seaports
located in different countries or regions.'';
(C) in paragraph (3) (as redesignated)--
(i) by redesignating subparagraphs (A)
through (D) as clause (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,'';
(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), in the matter preceding paragraph
(1), by striking ``donor port'' and inserting ``donor port, a
medium-sized donor port,'';
(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 or shippers under subsection (c), the Secretary shall
transfer to the Commissioner of Customs and Border Protection
the amount that would otherwise be provided to the port under
this section that is equal to those payments to provide the
payments to the importers or shippers of the discretionary
cargo that is--
``(A) shipped through respective eligible ports;
and
``(B) most at risk of diversion to seaports outside
of the United States.
``(2) Requirement.--The Secretary, in consultation with the
eligible port, shall limit payments to top importers or
shippers through an eligible port, as ranked by value of
discretionary cargo.''; and
(5) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--If the total amounts made available from
the Harbor Maintenance Trust Fund exceed the total amounts made
available from the Harbor Maintenance Trust Fund in fiscal year
2012, there is authorized to be appropriated to carry out this
section $50,000,000 from the Harbor Maintenance Trust Fund.'';
(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) by striking paragraph (3).
SEC. 2011. HARBOR DEEPENING.
(a) In General.--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; 128 Stat. 1193)'';
(2) in subparagraph (B), by striking ``45 feet'' and
inserting ``50 feet''; and
(3) in subparagraph (C), by striking ``45 feet'' and
inserting ``50 feet''.
(b) Definition of Deep-draft Harbor.--Section 214(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2241(1)) is amended by
striking ``45 feet'' and inserting ``50 feet''.
SEC. 2012. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI RIVER
PORTS.
(a) Definitions.--In this section:
(1) Inland mississippi river.--The term ``inland
Mississippi River'' means the portion of the Mississippi River
that begins at the confluence of the Minnesota River and ends
at the confluence of the Red River.
(2) Shallow draft.--The term ``shallow draft'' means a
project that has a depth of less than 14 feet.
(b) Dredging Activities.--The Secretary shall carry out dredging
activities on shallow draft ports located on the inland Mississippi
River to the respective authorized widths and depths of those inland
ports, as authorized on the date of enactment of this Act.
(c) Authorization of Appropriations.--For each fiscal year, there
is authorized to be appropriated to the Secretary to carry out this
section $25,000,000.
SEC. 2013. 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. 2014. 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 of a community that is located in the
region that is served by the project and that will rely on the
project'' after ``community''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or of a
community that is 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 or to a community that is
located in the region to be served by the project and
that will rely on the project''.
SEC. 2015. 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.
(c) Agreement.--Before initiating maintenance activities under this
section, the 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 those costs directly related
to the costs associated with operation and maintenance of the dredge
based on the lesser of the period of time for which--
(1) the dredge is being used in the performance of work for
the Federal Government during a given fiscal year; and
(2) the actual fiscal year Federal appropriations
identified for that portion of maintenance dredging that are
made available.
(f) Audit.--Not earlier than 5 years after the date of enactment
of this Act, the Secretary may conduct an audit on any maintenance
activities for an authorized navigation project (or a separable element
of an authorized navigation project) carried out under this section to
determine if permitting a non-Federal interest to carry out maintenance
activities under this section has resulted in--
(1) improved reliability and safety for navigation; and
(2) cost savings to the Federal Government.
(g) Termination of Authority.--The authority of the Secretary under
this section terminates on the date that is 10 years after the date of
enactment of this Act.
SEC. 2016. 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.--For the first report
following the date of enactment of the Water Resources
Development Act of 2016, in the report submitted under
subparagraph (A), 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. 2017. DREDGED MATERIAL.
(a) In General.--Notwithstanding part 335 of title 33, Code of
Federal Regulations, the Secretary may place dredged material from the
operation and maintenance of an authorized Federal water resources
project at another authorized water resource project if the Secretary
determines that--
(1) the placement of the dredged material would--
(A)(i) enhance protection from flooding caused by
storm surges or sea level rise; or
(ii) significantly contribute to shoreline
resiliency, including the resilience and restoration of
wetland; and
(B) be in the public interest; and
(2) the cost associated with the placement of the dredged
material is reasonable in relation to the associated
environmental, flood protection, and resiliency benefits.
(b) Additional Costs.--If the cost of placing the dredged material
at another authorized water resource project exceeds the cost of
depositing the dredged material in accordance with the Federal standard
(as defined in section 335.7 of title 33, Code of Federal Regulations
(as in effect on the date of enactment of this Act)), the Secretary
shall not require a non-Federal entity to bear any of the increased
costs associated with the placement of the dredged material.
SEC. 2018. GREAT LAKES NAVIGATION SYSTEM.
Section 210(d)(1) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(d)(1)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``For each of fiscal years 2015 through 2024''
and inserting ``For each fiscal year''; and
(2) in subparagraph (B), in the matter preceding clause
(i), by striking ``For each of fiscal years 2015 through 2024''
and inserting ``For each fiscal year''.
SEC. 2019. HARBOR MAINTENANCE TRUST FUND.
The Secretary shall allocate funding made available to the
Secretary from the Harbor Maintenance Trust Fund, established under
section 9505 of the Internal Revenue Code of 1986, in accordance with
section 210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238).
TITLE III--SAFETY IMPROVEMENTS
SEC. 3001. REHABILITATION ASSISTANCE FOR NON-FEDERAL FLOOD CONTROL
PROJECTS.
(a) In General.--Section 5 of the Act of August 18, 1941 (33 U.S.C.
701n), is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Definition of nonstructural alternatives.--In this
subsection, `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 Secretary may increase the level of protection
above the level to which the system was designed, or, if the repair and
rehabilitation includes repair or rehabilitation of a pumping station,
will increase the capacity of a pump, if--
``(1) the Chief of Engineers determines the improvements
are in the public interest, including consideration of
whether--
``(A) the authority under this section has been
used more than once at the same location;
``(B) there is an opportunity to decrease
significantly the risk of loss of life and property
damage; or
``(C) there is an opportunity to decrease total
life cycle rehabilitation costs for the project; and
``(2) the non-Federal sponsor agrees to pay the difference
between the cost of repair, restoration, or rehabilitation 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 the non-Federal sponsor
of the opportunity to request implementation of nonstructural
alternatives to the repair or restoration of the flood control work
under subsection (a).''.
(b) Projects in Coordination With Certain Rehabilitation
Requirements.--
(1) In general.--In any case in which the Secretary has
completed a study determining a project for flood damage
reduction is feasible and such project is designed to protect
the same geographic area as work to be performed under section
5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)), the
Secretary may, if the Secretary determines that the action is
in the public interest, carry out such project with the work
being performed under section 5(c) of that Act, subject to the
limitations in paragraph (2).
(2) Cost-sharing.--The cost to carry out a project under
paragraph (1) shall be shared in accordance with section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213).
SEC. 3002. REHABILITATION OF EXISTING LEVEES.
Section 3017 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 3303a note; Public Law 113-121) is amended--
(1) in subsection (a), by striking ``if the Secretary
determines the necessary work is technically feasible,
environmentally acceptable, and economically justified'';
(2) in subsection (b)--
(A) by striking ``This section'' and inserting the
following:
``(1) In general.--This section''; and
(B) by adding at the end the following:
``(2) Requirement.--A measure carried out under subsection
(a) shall be implemented in the same manner as the repair or
restoration of a flood control work pursuant to section 5 of
the Act of August 18, 1941 (33 U.S.C. 701n).'';
(3) in subsection (c)(1), by striking ``The non-Federal''
and inserting ``Notwithstanding subsection (b)(2), the non-
Federal''; and
(4) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section
$125,000,000.''.
SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD CONTROL PROJECTS.
In any case in which the Secretary has assumed, as of the date of
enactment of this Act, responsibility for the maintenance of a project
classified as class III under the Dam Safety Action Classification of
the Corps of Engineers, the Secretary shall continue to be responsible
for the maintenance until the earlier of the date that--
(1) the project is modified to reduce that risk and the
Secretary determines that the project is no longer classified
as class III under the Dam Safety Action Classification of the
Corps of Engineers; or
(2) is 15 years after the date of enactment of this Act.
SEC. 3004. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (11), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Eligible high hazard potential dam.--
``(A) In general.--The term `eligible high hazard
potential dam' means a non-Federal dam that--
``(i) is located in a State with a State
dam safety program;
``(ii) is classified as `high hazard
potential' by the State dam safety agency in
the State in which the dam is located;
``(iii) has an emergency action plan
approved by the relevant State dam safety
agency; and
``(iv) the State in which the dam is
located determines--
``(I) fails to meet minimum dam
safety standards of the State; and
``(II) poses an unacceptable risk
to the public.
``(B) Exclusion.--The term `eligible high hazard
potential dam' does not include--
``(i) a licensed hydroelectric dam; or
``(ii) a dam built under the authority of
the Secretary of Agriculture.'';
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1)) 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)) the following:
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation of High Hazard Potential Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide technical, planning, design, and
construction assistance in the form of grants to non-Federal sponsors
for rehabilitation of eligible high hazard potential dams.
``(b) Eligible Activities.--A grant awarded under this section for
a project may be used for--
``(1) repair;
``(2) removal; or
``(3) any other structural or nonstructural measures to
rehabilitate a 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 pursuant to section 3004(c) of the Water
Resources Development Act of 2016.
``(2) Grant.--
``(A) In general.--The Administrator may make a
grant in accordance with this section for
rehabilitation of a high hazard potential dam to a non-
Federal sponsor that submits an application for the
grant in accordance with the regulations prescribed by
the Administrator.
``(B) Project grant agreement.--The Administrator
shall enter into a project grant agreement with the
non-Federal sponsor to establish the terms of the grant
and the project, including the amount of the grant.
``(C) Grant assurance.--As part of a project grant
agreement under subparagraph (B), the Administrator
shall require the non-Federal sponsor to provide an
assurance, with respect to the dam to be rehabilitated
under the project, that the owner of the dam has
developed and will carry out a plan for maintenance of
the dam during the expected life of the dam.
``(D) Limitation.--A grant provided under this
section shall not exceed the lesser of--
``(i) 12.5 percent of the total amount of
funds made available to carry out this section;
or
``(ii) $7,500,000.
``(d) Requirements.--
``(1) Approval.--A grant awarded under this section for a
project shall be approved by the relevant State dam safety
agency.
``(2) Non-federal sponsor requirements.--To receive a grant
under this section, the non-Federal sponsor shall--
``(A) participate in, and comply with, all
applicable Federal flood insurance programs;
``(B) have in place a hazard mitigation plan that--
``(i) includes all dam risks; and
``(ii) complies with the Disaster
Mitigation Act of 2000 (Public Law 106-390; 114
Stat. 1552);
``(C) commit to provide operation and maintenance
of the project for the 50-year period following
completion of rehabilitation;
``(D) comply with such minimum eligibility
requirements as the Administrator may establish to
ensure that each owner and operator of a dam under a
participating State dam safety program--
``(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 entity shall demonstrate
that a floodplain management plan to reduce the impacts of
future flood events in the area protected by the project--
``(A) is in place; or
``(B) will be--
``(i) developed not later than 1 year after
the date of execution of a project agreement
for assistance under this section; and
``(ii) implemented not later than 1 year
after the date of completion of construction of
the project.
``(2) Inclusions.--A plan under paragraph (1) shall
address--
``(A) potential measures, practices, and policies
to reduce loss of life, injuries, damage to property
and facilities, public expenditures, and other adverse
impacts of flooding in the area protected by the
project;
``(B) plans for flood fighting and evacuation; and
``(C) public education and awareness of flood
risks.
``(3) Technical support.--The Administrator may provide
technical support for the development and implementation of
floodplain management plans prepared under this subsection.
``(f) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying 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 States in which projects
for which applications are submitted under
subsection (c)(1).
``(h) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(i) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section of an amount
greater than $1,000,000, a non-Federal sponsor that receives
the grant shall require that each contract and subcontract for
program management, construction management, planning studies,
feasibility studies, architectural services, preliminary
engineering, design, engineering, surveying, mapping, and
related services entered into using funds from the grant be
awarded in the same manner as a contract for architectural and
engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the relevant State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal years 2017 and 2018;
``(2) $25,000,000 for fiscal year 2019;
``(3) $40,000,000 for fiscal year 2020; and
``(4) $60,000,000 for each of fiscal years 2021 through
2026.''.
(c) Rulemaking.--
(1) Proposed rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall issue a notice of proposed
rulemaking regarding applications for grants of assistance
under the amendments made by subsection (b) to the National Dam
Safety Program Act (33 U.S.C. 467 et seq.).
(2) Final rule.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall promulgate a final rule
regarding the amendments described in paragraph (1).
SEC. 3005. EXPEDITED COMPLETION OF AUTHORIZED PROJECTS FOR FLOOD DAMAGE
REDUCTION.
The Secretary shall expedite the completion of the following
projects for flood damage reduction and flood risk management:
(1) Chicagoland Underflow Plan, Illinois, phase 2, 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 of the Water Resources Development Act of 1999 (Public Law
106-53; 113 Stat. 334).
(2) Cedar River, Cedar Rapids, Iowa, as authorized by
section 7002(2)(3) of the Water Resources Development Act of
2014 (Public Law 113-121; 128 Stat. 1366).
(3) 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 104-03; 110 Stat. 3709) and
section 371 of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 321).
(4) 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 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).
SEC. 3006. CUMBERLAND RIVER BASIN DAM REPAIRS.
(a) In General.--Costs incurred in carrying out any repair to
correct a seepage problem at any dam in the Cumberland River Basin
shall be--
(1) treated as costs for a dam safety project; and
(2) subject to cost-sharing requirements in accordance with
section 1203 of the Water Resources Development Act of 1986 (33
U.S.C. 467n).
(b) Application.--Subsection (a) shall apply only to repairs for
projects for which construction has not begun and appropriations have
not been made as of the date of enactment of this Act.
SEC. 3007. INDIAN DAM SAFETY.
(a) Definitions.--In this section:
(1) Dam.--
(A) In general.--The term ``dam'' has the meaning
given the term in section 2 of the National Dam Safety
Program Act (33 U.S.C. 467).
(B) Inclusions.--The term ``dam'' includes any
structure, facility, equipment, or vehicle used in
connection with the operation of a dam.
(2) Fund.--The term ``Fund'' means, as applicable--
(A) the High-Hazard Indian Dam Safety Deferred
Maintenance Fund established by subsection (b)(1)(A);
or
(B) the Low-Hazard Indian Dam Safety Deferred
Maintenance Fund established by subsection (b)(2)(A).
(3) High hazard potential dam.--The term ``high hazard
potential dam'' means a dam assigned to the significant or high
hazard potential classification under the guidelines published
by the Federal Emergency Management Agency entitled ``Federal
Guidelines for Dam Safety: Hazard Potential Classification
System for Dams'' (FEMA Publication Number 333).
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Low hazard potential dam.--The term ``low hazard
potential dam'' means a dam assigned to the low hazard
potential classification under the guidelines published by the
Federal Emergency Management Agency entitled ``Federal
Guidelines for Dam Safety: Hazard Potential Classification
System for Dams'' (FEMA Publication Number 333).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Assistant Secretary for
Indian Affairs, in consultation with the Secretary of the Army.
(b) Indian Dam Safety Deferred Maintenance Funds.--
(1) High-hazard fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``High-Hazard Indian Dam Safety Deferred
Maintenance Fund'', consisting of--
(i) such amounts as are deposited in the
Fund under subparagraph (B); and
(ii) any interest earned on investment of
amounts in the Fund under subparagraph (D).
(B) Deposits to fund.--
(i) In general.--For each of fiscal years
2017 through 2037, 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 2037, 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, 2037--
(i) the Fund shall terminate; and
(ii) the unexpended and unobligated balance
of the Fund shall be transferred to the general
fund of the Treasury.
(2) Low-hazard fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Low-Hazard Indian Dam Safety Deferred Maintenance
Fund'', consisting of--
(i) such amounts as are deposited in the
Fund under subparagraph (B); and
(ii) any interest earned on investment of
amounts in the Fund under subparagraph (D).
(B) Deposits to fund.--
(i) In general.--For each of fiscal years
2017 through 2037, 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 2037, 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, 2037--
(i) the Fund shall terminate; and
(ii) the unexpended and unobligated balance
of the Fund shall be transferred to the general
fund of the Treasury.
(c) Repair, Replacement, and Maintenance of Certain Indian Dams.--
(1) Program establishment.--
(A) In general.--The Secretary shall establish a
program to address the deferred maintenance needs of
Indian dams that--
(i) create flood risks or other risks to
public or employee safety or natural or
cultural resources; and
(ii) unduly impede the management and
efficiency of Indian dams.
(B) Funding.--
(i) High-hazard fund.--Consistent with
subsection (b)(1)(B), the Secretary shall use
or transfer to the Bureau of Indian Affairs not
less than $22,750,000 of amounts in the High-
Hazard Indian Dam Safety Deferred Maintenance
Fund, plus accrued interest, for each of fiscal
years 2017 through 2037 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 2037 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
(ii)(I)(aa) are owned by the Federal
Government, as listed in the Federal inventory
required by Executive Order 13327 (40 U.S.C.
121 note; relating to Federal real property
asset management); and
(bb) are managed by the Bureau of
Indian Affairs (including dams managed
under contracts or compacts pursuant to
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5301 et seq.)); or
(II) have deferred maintenance documented
by the Bureau of Indian Affairs.
(B) Low hazard potential dams.--The dams eligible
for funding under paragraph (1)(B)(ii) are Indian low
hazard potential dams in the United States that, on the
date of enactment of this Act--
(i) are covered under the Indian Dams
Safety Act of 1994 (25 U.S.C. 3801 et seq.);
and
(ii)(I)(aa) are owned by the Federal
Government, as listed in the Federal inventory
required by Executive Order 13327 (40 U.S.C.
121 note; relating to Federal real property
asset management); and
(bb) are managed by the Bureau of
Indian Affairs (including dams managed
under contracts or compacts pursuant to
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5301 et seq.)); or
(II) have deferred maintenance documented
by the Bureau of Indian Affairs.
(3) Requirements and conditions.--Not later than 120 days
after the date of enactment of this Act and as a precondition
to amounts being expended from the Fund to carry out this
subsection, the Secretary, in consultation with representatives
of affected Indian tribes, shall develop and submit to
Congress--
(A) programmatic goals to carry out this subsection
that--
(i) would enable the completion of
repairing, replacing, improving, or performing
maintenance on Indian dams as expeditiously as
practicable, subject to the dam safety policies
of the Director of the Bureau of Indian Affairs
established to carry out the Indian Dams Safety
Act of 1994 (25 U.S.C. 3801 et seq.);
(ii) facilitate or improve the ability of
the Bureau of Indian Affairs to carry out the
mission of the Bureau of Indian Affairs in
operating an Indian dam; and
(iii) ensure that the results of
government-to-government consultation required
under paragraph (4) be addressed; and
(B) funding prioritization criteria to serve as a
methodology for distributing funds under this
subsection that take into account--
(i) the extent to which deferred
maintenance of Indian dams poses a threat to--
(I) public or employee safety or
health;
(II) natural or cultural resources;
or
(III) the ability of the Bureau of
Indian Affairs to carry out the mission
of the Bureau of Indian Affairs in
operating an Indian dam;
(ii) the extent to which repairing,
replacing, improving, or performing maintenance
on an Indian dam will--
(I) improve public or employee
safety, health, or accessibility;
(II) assist in compliance with
codes, standards, laws, or other
requirements;
(III) address unmet needs; or
(IV) assist in protecting natural
or cultural resources;
(iii) the methodology of the rehabilitation
priority index of the Secretary, as in effect
on the date of enactment of this Act;
(iv) the potential economic benefits of the
expenditures on job creation and general
economic development in the affected tribal
communities;
(v) the ability of an Indian dam to address
tribal, regional, and watershed level flood
prevention needs;
(vi) the need to comply with the dam safety
policies of the Director of the Bureau of
Indian Affairs established to carry out the
Indian Dams Safety Act of 1994 (25 U.S.C. 3801
et seq.);
(vii) the ability of the water storage
capacity of an Indian dam to be increased to
prevent flooding in downstream tribal and
nontribal communities; and
(viii) such other factors as the Secretary
determines to be appropriate to prioritize the
use of available funds that are, to the fullest
extent practicable, consistent with tribal and
user recommendations received pursuant to the
consultation and input process under paragraph
(4).
(4) Tribal consultation and user input.--
(A) In general.--Except as provided in subparagraph
(B), before expending funds on an Indian dam pursuant
to paragraph (1) and not later than 60 days after the
date of enactment of this Act, the Secretary shall--
(i) consult with the Director of the Bureau
of Indian Affairs on the expenditure of funds;
(ii) ensure that the Director of the Bureau
of Indian Affairs advises the Indian tribe that
has jurisdiction over the land on which a dam
eligible to receive funding under paragraph (2)
is located on the expenditure of funds; and
(iii) solicit and consider the input,
comments, and recommendations of the landowners
served by the Indian dam.
(B) Emergencies.--If the Secretary determines that
an emergency circumstance exists with respect to an
Indian dam, subparagraph (A) shall not apply with
respect to that Indian dam.
(5) Allocation among dams.--
(A) In general.--Subject to subparagraph (B), to
the maximum extent practicable, the Secretary shall
ensure that, for each of fiscal years 2017 through
2037, each Indian dam eligible for funding under
paragraph (2) that has critical maintenance needs
receives part of the funding under paragraph (1) to
address critical maintenance needs.
(B) Priority.--In allocating amounts under
paragraph (1)(B), in addition to considering the
funding priorities described in paragraph (3), the
Secretary shall give priority to Indian dams eligible
for funding under paragraph (2) that serve--
(i) more than 1 Indian tribe within an
Indian reservation; or
(ii) highly populated Indian communities,
as determined by the Secretary.
(C) Cap on funding.--
(i) In general.--Subject to clause (ii), in
allocating amounts under paragraph (1)(B), the
Secretary shall allocate not more than
$10,000,000 to any individual dam described in
paragraph (2) during any consecutive 3-year
period.
(ii) Exception.--Notwithstanding the cap
described in clause (i), if the full amount
under paragraph (1)(B) cannot be fully
allocated to eligible Indian dams because the
costs of the remaining activities authorized in
paragraph (1)(B) of an Indian dam would exceed
the cap described in clause (i), the Secretary
may allocate the remaining funds to eligible
Indian dams in accordance with this subsection.
(D) Basis of funding.--Any amounts made available
under this paragraph shall be nonreimbursable.
(E) Applicability of isdeaa.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) shall apply to activities carried out
under this paragraph.
(d) Tribal Safety of Dams Committee.--
(1) Establishment of committee.--
(A) Establishment.--The Secretary of the Interior
shall establish within the Bureau of Indian Affairs the
Tribal Safety of Dams Committee (referred to in this
paragraph as the ``Committee'').
(B) Membership.--
(i) Composition.--The Committee shall be
composed of 15 members, of whom--
(I) 11 shall be appointed by the
Secretary of the Interior from among
individuals who, to the maximum extent
practicable, have knowledge and
expertise in dam safety issues and
flood prevention and mitigation, of
whom not less than 1 shall be a member
of an Indian tribe in each of the
Bureau of Indian Affairs regions of--
(aa) the Northwest Region;
(bb) the Pacific Region;
(cc) the Western Region;
(dd) the Navajo Region;
(ee) the Southwest Region;
(ff) the Rocky Mountain
Region;
(gg) the Great Plans
Region; and
(hh) the Midwest Region;
(II) 2 shall be appointed by the
Secretary of the Interior from among
employees of the Bureau of Indian
Affairs who have knowledge and
expertise in dam safety issues and
flood prevention and mitigation;
(III) 1 shall be appointed by the
Secretary of the Interior from among
employees of the Bureau of Reclamation
who have knowledge and expertise in dam
safety issues and flood prevention and
mitigation; and
(IV) 1 shall be appointed by the
Secretary of the Army from among
employees of the Corps of Engineers who
have knowledge and expertise in dam
safety issues and flood prevention and
mitigation.
(ii) Nonvoting members.--The members of the
Committee appointed under subclauses (II) and
(III) of clause (i) shall be nonvoting members.
(iii) Date.--The appointments of the
members of the Committee shall be made as soon
as practicable after the date of enactment of
this Act.
(C) Period of appointment.--Members shall be
appointed for the life of the Committee.
(D) Vacancies.--Any vacancy in the Committee shall
not affect the powers of the Committee, but shall be
filled in the same manner as the original appointment.
(E) Initial meeting.--Not later than 30 days after
the date on which all members of the Committee have
been appointed, the Committee shall hold the first
meeting.
(F) Meetings.--The Committee shall meet at the call
of the Chairperson.
(G) Quorum.--A majority of the members of the
Committee shall constitute a quorum, but a lesser
number of members may hold hearings.
(H) Chairperson and vice chairperson.--The
Committee shall select a Chairperson and Vice
Chairperson from among the members.
(2) Duties of the committee.--
(A) Study.--The Committee shall conduct a thorough
study of all matters relating to the modernization of
the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et
seq.).
(B) Recommendations.--The Committee shall develop
recommendations for legislation to improve the Indian
Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).
(C) Report.--Not later than 1 year after the date
on which the Committee holds the first meeting, the
Committee shall submit a report containing a detailed
statement of the findings and conclusions of the
Committee, together with recommendations for
legislation that the Committee considers appropriate,
to--
(i) the Committee on Indian Affairs of the
Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
(3) Powers of the committee.--
(A) Hearings.--The Committee may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Committee considers appropriate to carry out this
paragraph.
(B) Information from federal agencies.--
(i) In general.--The Committee may secure
directly from any Federal department or agency
such information as the Committee considers
necessary to carry out this paragraph.
(ii) Request.--On request of the
Chairperson of the Committee, the head of any
Federal department or agency shall furnish
information described in clause (i) to the
Committee.
(C) Postal services.--The Committee may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of
the Federal Government.
(D) Gifts.--The Committee may accept, use, and
dispose of gifts or donations of services or property.
(4) Committee personnel matters.--
(A) Compensation of members.--
(i) Non-federal members.--Each member of
the Committee who is not an officer or employee
of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day
(including travel time) during which the member
is engaged in the performance of the duties of
the Committee.
(ii) Federal members.--Each member of the
Committee who is an officer or employee of the
Federal Government shall serve without
compensation in addition to that received for
services as an officer or employee of the
Federal Government.
(B) Travel expenses.--The members of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the Committee.
(C) Staff.--
(i) In general.--
(I) Appointment.--The Chairperson
of the Committee may, without regard to
the civil service laws and regulations,
appoint and terminate an executive
director and such other additional
personnel as may be necessary to enable
the Committee to perform the duties of
the Committee.
(II) Confirmation.--The employment
of an executive director shall be
subject to confirmation by the
Committee.
(ii) Compensation.--The Chairperson of the
Committee may fix the compensation of the
executive director and other personnel without
regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates, except that the
rate of pay for the executive director and
other personnel may not exceed the rate payable
for level V of the Executive Schedule under
section 5316 of that title.
(D) Detail of government employees.--Any Federal
Government employee may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(E) Procurement of temporary and intermittent
services.--The Chairperson of the Committee may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for
individuals that do not exceed the daily equivalent of
the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of that
title.
(5) Termination of the committee.--The Committee shall
terminate 90 days after the date on which the Committee submits
the report under paragraph (2)(C).
(6) Funding.--Of the amounts authorized to be expended from
either Fund, $1,000,000 shall be made available from either
Fund during fiscal year 2017 to carry out this subsection, to
remain available until expended.
(e) Indian Dam Surveys.--
(1) Tribal reports.--The Secretary shall request that, not
less frequently than once every 180 days, each Indian tribe
submit to the Secretary a report providing an inventory of the
dams located on the land of the Indian tribe.
(2) BIA reports.--Not less frequently than once each year,
the Secretary shall submit to Congress a report describing the
condition of each dam under the partial or total jurisdiction
of the Secretary.
(f) Flood Plain Management Pilot Program.--
(1) Establishment.--The Secretary shall establish, within
the Bureau of Indian Affairs, a flood plain management pilot
program (referred to in this subsection as the ``program'') to
provide, at the request of an Indian tribe, guidance to the
Indian tribe relating to best practices for the mitigation and
prevention of floods, including consultation with the Indian
tribe on--
(A) flood plain mapping; or
(B) new construction planning.
(2) Termination.--The program shall terminate on the date
that is 4 years after the date of enactment of this Act.
(3) Funding.--Of the amounts authorized to be expended from
either Fund, $250,000 shall be made available from either Fund
during each of fiscal years 2017, 2018, and 2019 to carry out
this subsection, to remain available until expended.
SEC. 3008. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED FLOOD
CONTROL 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.
TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS
SEC. 4001. GULF COAST OYSTER BED RECOVERY PLAN.
(a) Definition of Gulf States.--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 Plan.--The Secretary, in
coordination with the Gulf States, shall develop and implement a plan
to assist in the recovery of oyster beds on the coast of Gulf States
that were damaged by events including--
(1) Hurricane Katrina in 2005;
(2) the Deep Water Horizon oil spill in 2010; and
(3) floods in 2011 and 2016.
(c) Inclusion.--The plan developed under subsection (b) shall
address the beneficial use of dredged material in providing substrate
for oyster bed development.
(d) Submission.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee of
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives the
plan developed under subsection (b).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000, to
remain available until expended.
SEC. 4002. COLUMBIA RIVER, PLATTE RIVER, AND ARKANSAS 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) by striking subsection (b) and inserting the following:
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary, but not more than $65,000,000, to
carry out this section for each fiscal year, of which--
``(A) $20,000,000 shall be made available to carry
out subsection (d)(1)(A)(i); and
``(B) $25,000,000 shall be made available to carry
out clauses (ii) and (iii) of subsection (d)(1)(A).
``(2) Allocation.--Any funds made available under paragraph
(1) that are employed for control operations shall be allocated
by the Chief of Engineers on a priority basis, based on--
``(A) the urgency and need of each area; and
``(B) the availability of local funds.''; and
(2) in subsection (d)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Establishment, operation, and maintenance.--
``(A) In general.--In carrying out this section,
the Secretary may establish, operate, and maintain
watercraft inspection stations to protect--
``(i) the Columbia River Basin;
``(ii) the Platte River Basin located in
the States of Colorado, Nebraska, and Wyoming;
and
``(iii) the Arkansas River Basin located in
the States of Arkansas, Colorado, Kansas, New
Mexico, Oklahoma, and Texas.
``(B) Location.--The watercraft inspection stations
under subparagraph (A) shall be located in areas, as
determined by the Secretary, with the highest
likelihood of preventing the spread of aquatic invasive
species at reservoirs operated and maintained by the
Secretary.''; and
(B) in paragraph (3), by striking subparagraph (A)
and inserting the following:
``(A) the Governor of each State in which a station
is established under paragraph (1);''.
(c) Tribal Housing.--
(1) Definition of report.--In this subsection, the term
``report'' means the final report for the Portland District,
Corps of Engineers, entitled ``Columbia River Treaty Fishing
Access Sites, Oregon and Washington: Fact-finding Review on
Tribal Housing'' and dated November 19, 2013.
(2) Assistance authorized.--As replacement housing for
Indian families displaced due to the construction of the
Bonneville Dam, on 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) for the number of families estimated in the report
as having received no relocation assistance.
(3) Study.--The Secretary shall--
(A) conduct a study to determine the number of
Indian people displaced by the construction of the John
Day Dam; and
(B) identify a plan for suitable housing to replace
housing lost to the construction of the John Day Dam.
(d) Columbia and Lower Willamette Rivers Below Vancouver,
Washington and Oregon.--The Secretary shall conduct a study to
determine the feasibility of modifying the project for navigation,
Columbia and Lower Willamette Rivers below Vancouver, Washington and
Portland, Oregon, authorized by section 101 of the River and Harbor Act
of 1962 (Public Law 87-874; 76 Stat. 1177) to address safety risks.
SEC. 4003. MISSOURI RIVER.
(a) Reservoir Sediment Management.--
(1) Definition of sediment management plan.--In this
subsection, the term ``sediment management plan'' means a plan
for preventing sediment from reducing water storage capacity at
a reservoir and increasing water storage capacity through
sediment removal at a reservoir.
(2) Upper missouri river basin pilot program.--The
Secretary shall carry out a pilot program for the development
and implementation of sediment management plans for reservoirs
owned and operated by the Secretary in the Upper Missouri River
Basin, on request by project beneficiaries.
(3) Plan elements.--A sediment management plan under
paragraph (2) shall--
(A) provide opportunities for project beneficiaries
and other stakeholders to participate in sediment
management decisions;
(B) evaluate the volume of sediment in a reservoir
and impacts on storage capacity;
(C) identify preliminary sediment management
options, including sediment dikes and dredging;
(D) identify constraints;
(E) assess technical feasibility, economic
justification, and environmental impacts;
(F) identify beneficial uses for sediment; and
(G) to the maximum extent practicable, use,
develop, and demonstrate innovative, cost-saving
technologies, including structural and nonstructural
technologies and designs, to manage sediment.
(4) Cost share.--The beneficiaries requesting the plan
shall share in the cost of development and implementation of a
sediment management plan allocated 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 the reservoir shall take the lead in
developing and implementing a sediment management plan
for that reservoir.
(8) Other authorities not affected.--Nothing in this
subsection affects sediment management or the share of costs
paid by Federal and non-Federal interests relating to sediment
management under any other provision of law (including
regulations).
(b) Snowpack and Drought Monitoring.--Section 4003(a) of the Water
Resources Reform and Development Act of 2014 (Public Law 113-121; 128
Stat. 1311) 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. 4004. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION.
Section 544(f) of the Water Resources Development Act of 2000
(Public Law 106-541; 114 Stat. 2675) is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
SEC. 4005. 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) Authorization.--In addition to the funding authorized
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), the Secretary is authorized to expend $30,000,000 to
carry out pilot projects to demonstrate technologies and
designs developed in accordance with this section.
(2) Priority.--In carrying out pilot projects under
paragraph (1), the Secretary shall give priority to projects in
the Upper Missouri River Basin.
(3) Sunset.--The pilot program under this subsection shall
terminate on December 31, 2026.
SEC. 4006. 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. 4007. 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 ``develop a comprehensive assessment and management
plan at Federal expense'';
(2) in subsection (b), by striking the subsection
designation and heading and all that follows through ``In
carrying out the study'' and inserting the following:
``(b) Assessment and Management Plan.--In developing the
comprehensive assessment and management plan''; and
(3) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``identified in the study
pursuant to subsection (a)'' and inserting ``identified in the
comprehensive assessment and management plan under this
section''.
SEC. 4008. RIO GRANDE.
Section 5056(f) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1214; 128 Stat. 1315) is amended by
striking ``2019'' and inserting ``2024''.
SEC. 4009. TEXAS COASTAL AREA.
In carrying out the Coastal Texas ecosystem protection and
restoration study 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, or information developed by the
Gulf Coast Community Protection and Recovery District to expedite
completion of the study.
SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIVERS FLOOD RISK MANAGEMENT.
(a) In General.--The Secretary shall conduct a study at Federal
expense to determine the feasibility of carrying out projects to
address systemic flood damage reduction in the upper Mississippi and
Illinois River basins.
(b) Purpose.--The purposes of the study under subsection (a) are--
(1) to develop an integrated, comprehensive, and systems-
based approach to minimize the threat to health and safety
resulting from flooding by using structural and nonstructural
flood risk management measures;
(2) to reduce damages and costs associated with flooding;
(3) to identify opportunities to support environmental
sustainability and restoration goals of the Upper Mississippi
River and Illinois River floodplain as part of any systemic
flood risk management plan; and
(4) to seek opportunities to address, in concert with flood
risk management measures, other floodplain specific problems,
needs, and opportunities.
(c) Study Components.--In carrying out the study under subsection
(a), the Secretary shall--
(1) as appropriate, 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;
(2) recommend projects for reconstruction of existing levee
systems so as to develop and maintain a comprehensive system
for flood risk reduction and floodplain management;
(3) perform a systemic analysis of critical transportation
systems to determine the feasibility of protecting river
approaches for land-based systems, highways, and railroads;
(4) develop a basin-wide hydrologic model for the Upper
Mississippi River System and update as changes occur and new
data is available; and
(5) use, to the maximum extent practicable, any existing
plans and data.
(d) Basis for Recommendations.--In recommending a project under
subsection (c)(2), the Secretary may justify the project based on
system-wide benefits.
SEC. 4011. SALTON SEA, CALIFORNIA.
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 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) (as redesignated
by clause (i))--
(I) in clause (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
at the end; 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''.
SEC. 4012. ADJUSTMENT.
Section 219(f)(25) of the Water Resources Development Act of 1992
(Public Law 102-580; 113 Stat. 336) is amended--
(1) by inserting ``Berkeley'' before ``Calhoun''; and
(2) by striking ``Orangeberg, and Sumter'' and inserting
``and Orangeberg''.
SEC. 4013. COASTAL RESILIENCY.
(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
projects that use 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--
(A) 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; and
(B) share physical, biological, and socioeconomic
data among such State organizations, as appropriate.
SEC. 4014. REGIONAL INTERGOVERNMENTAL COLLABORATION ON COASTAL
RESILIENCE.
(a) 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;
(D) an assessment of the value and impacts of
implementation of regional, systems-based, watershed-
based, and interstate approaches if practicable;
(E) recommendations for the demonstration of
methodologies for resilience through the use of natural
and nature-based infrastructure approaches, as
appropriate; and
(F) recommendations regarding alternative sources
of funding for new and existing projects.
(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.
(b) 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 (a)(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.
(c) Reports.--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 all
reports and recommendations prepared under this section, together with
any necessary supporting documentation.
SEC. 4015. 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) Consultation.--The Secretary shall coordinate, as appropriate,
with the heads of other Federal departments and agencies, the Governors
of the affected States, regional governmental agencies, and units of
local government to address coastal impacts resulting from sea level
rise.
(d) 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 risks and vulnerabilities of
the areas described in subsection (a) to increased hurricane and storm
damage as a result of sea level rise.
SEC. 4016. 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.
SEC. 4017. CONSIDERATION OF FULL ARRAY OF MEASURES FOR COASTAL RISK
REDUCTION.
(a) Definitions.--In this section:
(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 protect, and in concert with,
natural processes to provide risk reduction in coastal areas.
(b) Requirement.--In developing projects for coastal risk
reduction, the Secretary shall 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, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the implementation of subsection (b).
(2) Contents.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of guidance or instructions
issued, and other measures taken, by the Secretary and
the Chief of Engineers to implement subsection (b).
(B) An assessment of the costs, benefits, impacts,
and trade-offs associated with measures recommended by
the Secretary for coastal risk reduction and the
effectiveness of those measures.
(C) A description of any statutory, fiscal, or
regulatory barriers to the appropriate consideration
and use of a full array of measures for coastal risk
reduction.
SEC. 4018. WATERFRONT COMMUNITY REVITALIZATION AND RESILIENCY.
(a) Findings.--Congress finds that--
(1) many communities in the United States were developed
along waterfronts;
(2) water proximity and access is a recognized economic
driver;
(3) water shortages faced by parts of the United States
underscore the need to manage water sustainably and restore
water quality;
(4) interest in waterfront revitalization and development
has grown, while the circumstances driving waterfront
development have changed;
(5) waterfront communities face challenges to revitalizing
and leveraging water resources, such as outdated development
patterns, deteriorated water infrastructure, industrial
contamination of soil and sediment, and lack of public access
to the waterfront, which are often compounded by overarching
economic distress in the community;
(6) public investment in waterfront community development
and infrastructure should reflect changing ecosystem conditions
and extreme weather projections to ensure strategic, resilient
investments;
(7) individual communities have unique priorities,
concerns, and opportunities related to waterfront restoration
and community revitalization; and
(8) the Secretary of Commerce has unique expertise in Great
Lakes and ocean coastal resiliency and economic development.
(b) Definitions.--In this section:
(1) 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).
(2) Resilient waterfront community.--The term ``resilient
waterfront community'' means a unit of local government or
Indian tribe that is--
(A)(i) bound in part by--
(I) a Great Lake; or
(II) an ocean; or
(ii) bordered or traversed by a riverfront or an
inland lake;
(B) self-nominated as a resilient waterfront
community; and
(C) designated by the Secretary as a resilient
waterfront community on the basis of the development by
the community of an eligible resilient waterfront
community plan, with eligibility determined by the
Secretary after considering the requirements of
paragraphs (2) and (3) of subsection (c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(c) Resilient Waterfront Communities Designation.--
(1) Designation.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall designate resilient waterfront
communities based on the extent to which a community
meets the criteria described in paragraph (2).
(B) Collaboration.--For inland lake and riverfront
communities, in making the designation described in
subparagraph (A), the Secretary shall work with the
Administrator of the Environmental Protection Agency
and the heads of other Federal agencies, as the
Secretary determines to be necessary.
(2) Resilient waterfront community plan.--A resilient
waterfront community plan is a community-driven vision and plan
that is developed--
(A) voluntarily at the discretion of the
community--
(i) to respond to local needs; or
(ii) to take advantage of new water-
oriented opportunities;
(B) with the leadership of the relevant
governmental entity or Indian tribe with the active
participation of--
(i) community residents;
(ii) utilities; and
(iii) interested business and
nongovernmental stakeholders;
(C) as a new document or by amending or compiling
community planning documents, as necessary, at the
discretion of the Secretary;
(D) in consideration of all applicable Federal and
State coastal zone management planning requirements;
(E) to address economic competitive strengths; and
(F) to complement and incorporate the objectives
and recommendations of applicable regional economic
plans.
(3) Components of a resilient waterfront community plan.--A
resilient waterfront community plan shall--
(A) consider all, or a portion of, the waterfront
area and adjacent land and water to which the
waterfront is connected ecologically, economically, or
through local governmental or tribal boundaries;
(B) describe a vision and plan for the community to
develop as a vital and resilient waterfront community,
integrating consideration of--
(i) the economic opportunities resulting
from water proximity and access, including--
(I) water-dependent industries;
(II) water-oriented commerce; and
(III) recreation and tourism;
(ii) the community relationship to the
water, including--
(I) quality of life;
(II) public health;
(III) community heritage; and
(IV) public access, particularly in
areas in which publicly funded
ecosystem restoration is underway;
(iii) ecosystem challenges and projections,
including unresolved and emerging impacts to
the health and safety of the waterfront and
projections for extreme weather and water
conditions;
(iv) infrastructure needs and
opportunities, to facilitate strategic and
sustainable capital investments in--
(I) docks, piers, and harbor
facilities;
(II) protection against storm
surges, waves, and flooding;
(III) stormwater, sanitary sewer,
and drinking water systems, including
green infrastructure and opportunities
to control nonpoint source runoff; and
(IV) other community facilities and
private development; and
(v) such other factors as are determined by
the Secretary to align with metrics or
indicators for resiliency, considering
environmental and economic changes.
(4) Duration.--After the designation of a community as a
resilient waterfront community under paragraph (1), a resilient
waterfront community plan developed in accordance with
paragraphs (2) and (3) may be--
(A) effective for the 10-year period beginning on
the date on which the Secretary approves the resilient
waterfront community plan; and
(B) updated by the resilient waterfront community
and submitted to the Secretary for the approval of the
Secretary before the expiration of the 10-year period.
(d) Resilient Waterfront Communities Network.--
(1) In general.--The Secretary shall develop and maintain a
resilient waterfront communities network to facilitate the
sharing of best practices among waterfront communities.
(2) Public recognition.--In consultation with designated
resilient waterfront communities, the Secretary shall provide
formal public recognition of the designated resilient
waterfront communities to promote tourism, investment, or other
benefits.
(e) Waterfront Community Revitalization Activities.--
(1) In general.--To support a community in leveraging other
sources of public and private investment, the Secretary may use
existing authority to support--
(A) the development of a resilient waterfront
community plan, including planning and feasibility
analysis; and
(B) the implementation of strategic components of a
resilient waterfront community plan after the resilient
waterfront community plan has been approved by the
Secretary.
(2) Non-federal partners.--
(A) Lead non-federal partners.--A unit of local
government or an Indian tribe shall be eligible to be
considered as a lead non-Federal partner if the unit of
local government or Indian tribe is--
(i) bound in part by--
(I) a Great Lake; or
(II) an ocean; or
(ii) bordered or traversed by a riverfront
or an inland lake.
(B) Non-federal implementation partners.--Subject
to paragraph (4)(C), a lead non-Federal partner may
contract with an eligible non-Federal implementation
partner for implementation activities described in
paragraph (4)(B).
(3) Planning activities.--
(A) In general.--Technical assistance may be
provided for the development of a resilient waterfront
community plan.
(B) Eligible planning activities.--In developing a
resilient waterfront community plan, a resilient
waterfront community may--
(i) conduct community visioning and
outreach;
(ii) identify challenges and opportunities;
(iii) develop strategies and solutions;
(iv) prepare plan materials, including
text, maps, design, and preliminary
engineering;
(v) collaborate across local agencies and
work with regional, State, and Federal agencies
to identify, understand, and develop responses
to changing ecosystem and economic
circumstances; and
(vi) conduct other planning activities that
the Secretary considers necessary for the
development of a resilient waterfront community
plan that responds to revitalization and
resiliency issues confronted by the resilient
waterfront community.
(4) Implementation activities.--
(A) In general.--Implementation assistance may be
provided--
(i) to initiate implementation of a
resilient waterfront community plan and
facilitate high-quality development, including
leveraging local and private sector investment;
and
(ii) to address strategic community
priorities that are identified in the resilient
waterfront community plan.
(B) Assistance.--Assistance may be provided to
advance implementation activities, such as--
(i) site preparation;
(ii) environmental review;
(iii) engineering and design;
(iv) acquiring easements or land for uses
such as green infrastructure, public amenities,
or assembling development sites;
(v) updates to zoning codes;
(vi) construction of--
(I) public waterfront or boating
amenities; and
(II) public spaces;
(vii) infrastructure upgrades to improve
coastal resiliency;
(viii) economic and community development
marketing and outreach; and
(ix) other activities at the discretion of
the Secretary.
(C) Implementation partners.--
(i) In general.--To assist in the
completion of implementation activities, a lead
non-Federal partner may contract or otherwise
collaborate with a non-Federal implementation
partner, including--
(I) a nonprofit organization;
(II) a public utility;
(III) a private entity;
(IV) an institution of higher
education;
(V) a State government; or
(VI) a regional organization.
(ii) Lead non-federal partner
responsibility.--The lead non-Federal partner
shall ensure that assistance and resources
received by the lead non-Federal partner to
advance the resilient waterfront community plan
of the lead non-Federal partner and for related
activities are used for the purposes of, and in
a manner consistent with, any initiative
advanced by the Secretary for the purpose of
promoting waterfront community revitalization
and resiliency.
(5) Use of non-federal resources.--
(A) In general.--A resilient waterfront community
receiving assistance under this subsection shall
provide non-Federal funds toward completion of planning
or implementation activities.
(B) Non-federal resources.--Non-Federal funds may
be provided by--
(i) 1 or more units of local or tribal
government;
(ii) a State government;
(iii) a nonprofit organization;
(iv) a private entity;
(v) a foundation;
(vi) a public utility; or
(vii) a regional organization.
(f) Interagency Awareness.--At regular intervals, the Secretary
shall provide a list of resilient waterfront communities to the
applicable States and the heads of national and regional offices of
interested Federal agencies, including at a minimum--
(1) the Secretary of Transportation;
(2) the Secretary of Agriculture;
(3) the Administrator of the Environmental Protection
Agency;
(4) the Administrator of the Federal Emergency Management
Agency;
(5) the Assistant Secretary of the Army for Civil Works;
(6) the Secretary of the Interior; and
(7) the Secretary of Housing and Urban Development.
(g) No New Regulatory Authority.--Nothing in this section may be
construed as establishing new authority for any Federal agency.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2017 through 2021.
(i) Funding.--Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the
Secretary to carry out this section $800,000, to remain available until
expended.
SEC. 4019. 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.--Membership in 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 fees and achieve cost savings;
(B) submit to Congress a report on the results of
the study described in subparagraph (A); and
(C) begin implementation of the new permit fee
structure based on the findings of the study described
in subparagraph (A).
SEC. 4020. PEARL RIVER BASIN, MISSISSIPPI.
The Secretary shall expedite review and decision on the
recommendation for the project for flood damage reduction authorized by
section 401(e)(3) of the Water Resources Development Act of 1986 (100
Stat. 4132), as amended by section 3104 of the Water Resources
Development Act of 2007 (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).
TITLE V--DEAUTHORIZATIONS
SEC. 5001. DEAUTHORIZATIONS.
(a) Valdez, Alaska.--
(1) In general.--Subject to paragraph (2), the portions of
the project for navigation, Valdez, Alaska, identified as Tract
G, Harbor Subdivision, shall not be subject to navigation
servitude beginning on the date of enactment of this Act.
(2) Entry by federal government.--The Federal Government
may enter on the property referred to in paragraph (1) to carry
out any required operation and maintenance of the general
navigation features of the project described in paragraph (1).
(b) Red River Below Denison Dam, Arkansas, Louisiana, and Texas.--
The portion of the project for flood protection on Red River Below
Denison Dam, Arkansas, Louisiana and Texas, 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.
3232'50.86'' N., by long. 9346'16.82'' 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.
(c) Sutter Basin, California.--
(1) 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 under section 7002(2)(8) 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.
(2) Savings provisions.--The deauthorization under
paragraph (1) does not affect--
(A) the national economic development plan
separable element reflected in the report of the Chief
of Engineers dated March 12, 2014, and authorized for
construction under section 7002(2)(8) of the Water
Resources Reform and Development Act of 2014 (Public
Law 113-121; 128 Stat. 1366); or
(B) previous authorizations providing for the
Sacramento River and major and minor tributaries
project, including--
(i) section 2 of the Act of March 1, 1917
(39 Stat. 949; chapter 144);
(ii) section 12 of the Act of December 22,
1944 (58 Stat. 900; chapter 665);
(iii) section 204 of the Flood Control Act
of 1950 (64 Stat. 177; chapter 188); and
(iv) 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.
(d) Stonington Harbor, Connecticut.--The portion of the project for
navigation, Stonington Harbor, 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.
(e) Green River and Barren River, Kentucky.--
(1) 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--
(A) disposed of consistent with paragraph (2); and
(B) subject to such terms and conditions as the
Secretary determines to be necessary and appropriate in
the public interest.
(2) Disposition.--
(A) 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 Green River Lock and Dam 3, located in
Ohio County and Muhlenberg County, Kentucky, together
with any improvements on the land.
(B) 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
Green River Lock and Dam 4, located in Butler County,
Kentucky, together with any improvements on the land.
(C) 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 Green River
Lock and Dam 5 for the express purposes of--
(i) removing the structure from the river
at the earliest feasible time; and
(ii) making the land available for
conservation and public recreation, including
river access.
(D) Green river lock and dam 6.--
(i) In general.--The Secretary shall
transfer to the Secretary of the Interior
administrative jurisdiction over the portion of
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.
(ii) Transfer to the state of kentucky.--
The Secretary shall transfer to the State of
Kentucky all right, title, and interest of the
United States in and to the portion of 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 the structure from the
river at the earliest feasible time;
and
(II) making the land available for
conservation and public recreation,
including river access.
(E) 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
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--
(i) removing the structure from the river
at the earliest feasible time; and
(ii) making the land available for
conservation and public recreation, including
river access.
(3) Conditions.--
(A) In general.--The exact acreage and legal
description of any land to be disposed of, transferred,
or conveyed under this subsection shall be determined
by a survey satisfactory to the Secretary.
(B) Quitclaim deed.--A conveyance under
subparagraph (A), (B), (D), or (E) of paragraph (2)
shall be accomplished by quitclaim deed and without
consideration.
(C) Administrative costs.--The Secretary shall be
responsible for all administrative costs associated
with a transfer or conveyance under this subsection,
including the costs of a survey carried out under
subparagraph (A).
(D) Reversion.--If the Secretary determines that
the land transferred or conveyed under this subsection
is not used by a non-Federal entity for a purpose that
is consistent with the purpose of the transfer or
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.
(f) Essex River, Massachusetts.--
(1) In general.--The portions of the project for
navigation, Essex River, Massachusetts, authorized by the first
section of the Act of July 13, 1892 (27 Stat. 96, chapter 158),
and modified by the first section of the Act of March 3, 1899
(30 Stat. 1133, chapter 425), and the first section of the Act
of March 2, 1907 (34 Stat. 1075, chapter 2509), that do not lie
within the areas described in paragraph (2) are no longer
authorized beginning on the date of enactment of this Act.
(2) Areas described.--The areas described in this paragraph
are--
(A) beginning at a point N. 3056139.82, E.
851780.21;
(B) running southwesterly about 156.88 feet to a
point N. 3055997.75, E. 851713.67;
(C) running southwesterly about 64.59 feet to a
point N. 3055959.37, E. 851661.72;
(D) running southwesterly about 145.14 feet to a
point N. 3055887.10, E. 851535.85;
(E) running southwesterly about 204.91 feet to a
point N. 3055855.12, E. 851333.45;
(F) running northwesterly about 423.50 feet to a
point N. 3055976.70, E. 850927.78;
(G) running northwesterly about 58.77 feet to a
point N. 3056002.99, E. 850875.21;
(H) running northwesterly about 240.57 feet to a
point N. 3056232.82, E. 850804.14;
(I) running northwesterly about 203.60 feet to a
point N. 3056435.41, E. 850783.93;
(J) running northwesterly about 78.63 feet to a
point N. 3056499.63, E. 850738.56;
(K) running northwesterly about 60.00 feet to a
point N. 3056526.30, E. 850684.81;
(L) running southwesterly about 85.56 feet to a
point N. 3056523.33, E. 850599.31;
(M) running southwesterly about 36.20 feet to a
point N. 3056512.37, E. 850564.81;
(N) running southwesterly about 80.10 feet to a
point N. 3056467.08, E. 850498.74;
(O) running southwesterly about 169.05 feet to a
point N. 3056334.36, E. 850394.03;
(P) running northwesterly about 48.52 feet to a
point N. 3056354.38, E. 850349.83;
(Q) running northeasterly about 83.71 feet to a
point N. 3056436.35, E. 850366.84;
(R) running northeasterly about 212.38 feet to a
point N. 3056548.70, E. 850547.07;
(S) running northeasterly about 47.60 feet to a
point N. 3056563.12, E. 850592.43;
(T) running northeasterly about 101.16 feet to a
point N. 3056566.62, E. 850693.53;
(U) running southeasterly about 80.22 feet to a
point N. 3056530.97, E. 850765.40;
(V) running southeasterly about 99.29 feet to a
point N. 3056449.88, E. 850822.69;
(W) running southeasterly about 210.12 feet to a
point N. 3056240.79, E. 850843.54;
(X) running southeasterly about 219.46 feet to a
point N. 3056031.13, E. 850908.38;
(Y) running southeasterly about 38.23 feet to a
point N. 3056014.02, E. 850942.57;
(Z) running southeasterly about 410.93 feet to a
point N. 3055896.06, E. 851336.21;
(AA) running northeasterly about 188.43 feet to a
point N. 3055925.46, E. 851522.33;
(BB) running northeasterly about 135.47 feet to a
point N. 3055992.91, E. 851639.80;
(CC) running northeasterly about 52.15 feet to a
point N. 3056023.90, E. 851681.75; and
(DD) running northeasterly about 91.57 feet to a
point N. 3056106.82, E. 851720.59.
(g) 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 (Public Law 81-516; 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.
(h) Port of Cascade Locks, Oregon.--
(1) Termination of portions of existing flowage easement.--
(A) Definition of flowage easement.--In this
paragraph, the term ``flowage easement'' means the
flowage easements identified as tracts 302E-1 and 304E-
1 on the easement deeds recorded as instruments in Hood
River County, Oregon, as follows:
(i) A flowage easement dated October 3,
1936, recorded December 1, 1936, book 25 at
page 531 (records of Hood River County,
Oregon), in favor of United States (302E-1-
Perpetual Flowage Easement from October 5,
1937, October 5, 1936, and October 3, 1936)
(previously acquired as tracts OH-36 and OH-41
and a portion of tract OH-47).
(ii) A flowage easement recorded October
17, 1936, book 25 at page 476 (records of Hood
River County, Oregon), in favor of the United
States, that affects that portion below the 94-
foot contour line above main sea level (304 E-
1-Perpetual Flowage Easement from August 10,
1937 and October 3, 1936) (previously acquired
as tract OH-42 and a portion of tract OH-47).
(B) Termination.--With respect to the properties
described in paragraph (2), beginning on the date of
enactment of this Act, the flowage easements are
terminated above elevation 82.4 feet (NGVD29), the
ordinary high water mark.
(2) Affected properties.--The properties described in this
paragraph, as recorded in Hood River, County, Oregon, are as
follows:
(A) Lots 3, 4, 5, and 7 of the ``Port of Cascade
Locks Business Park'' subdivision, instrument #2014-
00436.
(B) Parcels 1, 2, and 3 of Hood River County
Partition plat No. 2008-25P.
(3) Federal liabilities; cultural, environmental, other
regulatory reviews.--
(A) Federal liability.--The United States shall not
be liable for any injury caused by the termination of
the easement under this subsection.
(B) Cultural and environmental regulatory
actions.--Nothing in this subsection establishes any
cultural or environmental regulation relating to the
properties described in paragraph (2).
(4) Effect on other rights.--Nothing in this subsection
affects any remaining right or interest of the Corps of
Engineers in the properties described in paragraph (2).
(i) Declarations of Non-navigability for Portions of the Delaware
River, Philadelphia, Pennsylvania.--
(1) In general.--Subject to paragraphs (2) and (3), unless
the Secretary determines, after consultation with local and
regional public officials (including local and regional project
planning organizations), that there are substantive objections,
the following portions of the Delaware River, bounded by the
former bulkhead and pierhead lines established by the Secretary
of War and successors, are declared to be non-navigable waters
of the United States:
(A) 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, 46, 48, 40, and 38.
(B) 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: 24, 25,
27-35, 35.5, 36, 37, 38, 39, 49, 51-52, 53-57, 58-65,
66, 67, 69, 70-72, and Rivercenter.
(2) Determination.--The Secretary shall make the
determination under paragraph (1) separately for each portion
of the Delaware River described in subparagraphs (A) and (B) of
paragraph (1), using reasonable discretion, by not later than
150 days after the date of submission of appropriate plans for
that portion.
(3) Limits on applicability.--
(A) In general.--Paragraph (1) applies only to
those parts of the areas described in that paragraph
that are or will be bulkheaded and filled or otherwise
occupied by permanent structures, including marina and
recreation facilities.
(B) Other federal laws.--Any work described in
subparagraph (A) shall be subject to all applicable
Federal law (including regulations), including--
(i) sections 9 and 10 of the Act of March
3, 1899 (commonly known as the ``River and
Harbors Appropriation Act of 1899'') (33 U.S.C.
401, 403);
(ii) section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344); and
(iii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(j) Salt Creek, Graham, Texas.--
(1) 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. 278-279),
is no longer authorized as a Federal project beginning on the
date of enactment of this Act.
(2) Certain project-related claims.--The non-Federal
sponsor for the project described in paragraph (1) shall hold
and save the United States harmless from any claim that has
arisen, or that may arise, in connection with the project.
(3) Transfer.--The Secretary is authorized to transfer any
land acquired by the Federal Government for the project on
behalf of the non-Federal sponsor that remains in Federal
ownership on or after the date of enactment of this Act to the
non-Federal sponsor.
(4) Reversion.--If the Secretary determines that the land
that is integral to the project described in paragraph (1)
ceases 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.
(k) New Savannah Bluff Lock and Dam, Georgia and South Carolina.--
(1) Definitions.--In this subsection:
(A) New savannah bluff lock and dam.--The term
``New Savannah Bluff Lock and Dam'' has the meaning
given the term in section 348(l)(1) of the Water
Resources Development Act of 2000 (114 Stat. 2630) (as
in effect on the day before the date of enactment of
this Act).
(B) 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 (128 Stat.
1364).
(2) Deauthorization.--
(A) In general.--Effective beginning on the date of
enactment of this Act--
(i) the New Savannah Bluff Lock and Dam is
deauthorized; and
(ii) notwithstanding section 348(l)(2)(B)
of the Water Resources Development Act of 2000
(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.
(B) Repeal.--Section 348 of the Water Resources
Development Act of 2000 (114 Stat. 2630; 114 Stat.
2763A-228) is amended--
(i) by striking subsection (l); and
(ii) by redesignating subsections (m) and
(n) as subsections (l) and (m), respectively.
(3) Project modifications.--
(A) In general.--Notwithstanding any other
provision of law, the Project is modified to include,
as the Secretary determines to be necessary--
(i)(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--
(aa) to maintain the pool for
navigation, water supply, and
recreational activities, as in
existence on the date of enactment of
this Act; and
(bb) to allow safe passage via a
rock ramp over the structure to
historic spawning grounds of Shortnose
sturgeon, Atlantic sturgeon, and other
migratory fish; or
(II)(aa) construction at an appropriate
location across the Savannah River of a rock
weir 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
(bb) removal of the New Savannah Bluff Lock
and Dam on completion of construction of the
weir; and
(ii) 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.
(B) Operation and maintenance costs.--The Federal
share of the costs of operation and maintenance of any
Project feature constructed pursuant to subparagraph
(A) shall be 100 percent.
SEC. 5002. CONVEYANCES.
(a) Pearl River, Mississippi and Louisiana.--
(1) In general.--The project for navigation, Pearl River,
Mississippi and Louisiana, authorized by the first section of
the Act of August 30, 1935 (49 Stat. 1033, chapter 831) and
section 101 of the River and Harbor Act of 1966 (Public Law 89-
789; 80 Stat. 1405), is no longer authorized as a Federal
project beginning on the date of enactment of this Act.
(2) Transfer.--
(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary is authorized to convey to a State
or local interest, without consideration, all right,
title, and interest of the United States in and to--
(i) any land in which the Federal
Government has a property interest for the
project described in paragraph (1); and
(ii) improvements to the land described in
clause (i).
(B) Responsibility for costs.--The transferee shall
be responsible for the payment of all costs and
administrative expenses associated with any transfer
carried out pursuant to subparagraph (A), including
costs associated with any land survey required to
determine the exact acreage and legal description of
the land and improvements to be transferred.
(C) Other terms and conditions.--A transfer under
subparagraph (A) shall be subject to such other terms
and conditions as the Secretary determines to be
necessary and appropriate to protect the interests of
the United States.
(3) Reversion.--If the Secretary determines that the land
and improvements conveyed under paragraph (2) ceases 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
non-public entity, the transferee, as part of the conveyance,
shall pay to the United States the fair market value for the
interest.
(3) No effect.--Nothing in this subsection--
(A) amends, modifies, or repeals any existing
authority vested in the Federal Energy Regulatory
Commission; or
(B) amends, modifies, or repeals any authority of
the Secretary or the Chief of Engineers pursuant to
section 7 of the Act of December 22, 1944 (33 U.S.C.
709).
(d) Joe Pool Lake, Texas.--The Secretary shall accept from the
Trinity River Authority of Texas, if received by December 31, 2016,
$31,233,401 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.
(e) Weber Basin Project, Utah.--
(1) In general.--The Secretary of the Interior shall allow
for the prepayment of repayment obligations under the repayment
contract numbered 14-06-400-33 between the United States and
the Weber Basin Water Conservancy District (referred to in this
subsection as the ``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 any other
amendments and all related applicable contracts to the
repayment contract, providing for repayment of Weber Basin
Project construction costs allocated to irrigation and
municipal and industrial purposes for which repayment is
provided pursuant to the repayment contract under terms and
conditions similar to the terms and conditions used in
implementing the prepayment provisions in section 210 of the
Central Utah Project Completion Act (Public Law 102-575; 106
Stat. 4624) for prepayment of Central Utah Project, Bonneville
Unit repayment obligations.
(2) Authorizations and requirements.--The prepayment
authorized under paragraph (1)--
(A) 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
section was not in effect;
(B) may be provided in several installments;
(C) may not be adjusted on the basis of the type of
prepayment financing used by the District; and
(D) shall be made in a manner that provides that
total repayment is made not later than September 30,
2026.
TITLE VI--WATER RESOURCES INFRASTRUCTURE
SEC. 6001. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.
The following final feasibility studies for water resources
development and conservation and other purposes are authorized to be
carried out by the Secretary substantially in accordance with the plan,
and subject to the conditions, described in the respective reports
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Brazos Island November 3, Federal: $116,116,000
Harbor 2014 Non-Federal: $135,836,000
Total: $251,952,000
------------------------------------------------------------------------
2. LA Calcasieu Lock December 2, Federal: $16,700,000
2014 Non-Federal: $0
Total: $16,700,000
------------------------------------------------------------------------
3. NH, Portsmouth Harbor February 8, Federal: $15,580,000
ME and Piscataqua 2015 Non-Federal: $5,190,000
River Total: $20,770,000
------------------------------------------------------------------------
4. KY Green River Locks April 30, Federal: $0
and Dams 3, 4, 5, 2015 Non-Federal: $0
and 6 and Barren Total: $0
River Lock and
Dam 1 Disposition
------------------------------------------------------------------------
5. FL Port Everglades June 25, 2015 Federal: $220,200,000
Non-Federal: $102,500,000
Total: $322,700,000
------------------------------------------------------------------------
6. AK Little Diomede August 10, Federal: $26,015,000
2015 Non-Federal: $2,945,000
Total: $28,960,000
------------------------------------------------------------------------
7. SC Charleston Harbor September 8, Federal: $224,300,000
2015 Non-Federal: $269,000,000
Total: $493,300,000
------------------------------------------------------------------------
8. AK Craig Harbor March 16, Federal: $29,062,000
2016 Non-Federal: $3,255,000
Total: $32,317,000
------------------------------------------------------------------------
9. PA Upper Ohio River, September 12, Federal: $1,324,235,500
Allegheny and 2016 Non-Federal: $1,324,235,500
Beaver Counties Total: $2,648,471,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Leon Creek June 30, 2014 Federal: $18,314,000
Watershed, San Non-Federal: $9,861,000
Antonio Total: $28,175,000
------------------------------------------------------------------------
2. MO, Armourdale and January 27, Federal: $207,036,000
KS Central 2015 Non-Federal: $111,481,000
Industrial Total: $318,517,000
District Levee
Units, Missouri
River and
Tributaries at
Kansas City
------------------------------------------------------------------------
3. KS City of Manhattan April 30, Federal: $15,440,100
2015 Non-Federal: $8,313,900
Total: $23,754,000
------------------------------------------------------------------------
4. KS Upper Turkey Creek December 22, Federal: $24,584,000
Basin 2015 Non-Federal: $13,238,000
Total: $37,822,000
------------------------------------------------------------------------
5. NC Princeville February 23, Federal: $14,001,000
2016 Non-Federal: $7,539,000
Total: $21,540,000
------------------------------------------------------------------------
6. CA West Sacramento April 26, Federal: $776,517,000
2016 Non-Federal: $414,011,000
Total: $1,190,528,000
------------------------------------------------------------------------
7. CA American River April 26, Federal: $876,478,000
Watershed Common 2016 Non-Federal: $689,272,000
Features Total: $1,565,750,000
------------------------------------------------------------------------
8. TN Mill Creek, October 15, Federal: $17,759,000
Nashville 2015 Non-Federal: $10,745,000
Total: $28,504,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial Costs
A. State B. Name Chief of and Estimated Renourishment
Engineers Costs
------------------------------------------------------------------------
1. SC Edisto Beach, September 5, Initial Federal:
Colleton County 2014 $13,733,850
Initial Non-Federal:
$7,395,150
Initial Total: $21,129,000
Renourishment Federal:
$16,371,000
Renourishment Non-Federal:
$16,371,000
Renourishment Total:
$32,742,000
------------------------------------------------------------------------
2. FL Flagler County December 23, Initial Federal: $9,218,300
2014 Initial Non-Federal:
$4,963,700
Initial Total: $14,182,000
Renourishment Federal:
$15,390,000
Renourishment Non-Federal:
$15,390,000
Renourishment Total:
$30,780,000
------------------------------------------------------------------------
3. NC Bogue Banks, December 23, Initial Federal:
Carteret County 2014 $24,263,000
Initial Non-Federal:
$13,064,000
Initial Total: $37,327,000
Renourishment Federal:
$114,728,000
Renourishment Non-Federal:
$114,728,000
Renourishment Total:
$229,456,000
------------------------------------------------------------------------
4. NJ Hereford Inlet to January 23, Initial Federal:
Cape May Inlet, 2015 $14,040,000
New Jersey Initial Non-Federal:
Shoreline $7,560,000
Protection Initial Total: $21,600,000
Project, Cape May Renourishment Federal:
County $41,215,000
Renourishment Non-Federal:
$41,215,000
Renourishment Total:
$82,430,000
------------------------------------------------------------------------
5. LA West Shore Lake June 12, 2015 Federal: $466,760,000
Pontchartrain Non-Federal: $251,330,000
Total: $718,090,000
------------------------------------------------------------------------
6. CA Encinitas-Solana April 29, Initial Federal:
Beach Coastal 2016 $20,166,000
Storm Damage Initial Non-Federal:
Reduction $10,858,000
Initial Total: $31,024,000
Renourishment Federal:
$68,215,000
Renourishment Non-Federal:
$68,215,000
Renourishment Total:
$136,430,000
------------------------------------------------------------------------
7. LA Southwest Coastal July 29, 2016 Federal: $2,011,279,000
Louisiana Non-Federal:
$1,082,997,000
Total: $3,094,276,000
------------------------------------------------------------------------
(4) Flood risk management and environmental restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. IL, Upper Des Plaines June 8, 2015 Federal: $199,393,000
WI River and Non-Federal: $107,694,000
Tributaries Total: $307,087,000
------------------------------------------------------------------------
2. CA South San December 18, Federal: $69,521,000
Francisco Bay 2015 Non-Federal: $104,379,000
Shoreline Total: $173,900,000
------------------------------------------------------------------------
(5) Environmental restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. FL Central Everglades December 23, Federal: $976,375,000
Planning Project, 2014 Non-Federal: $974,625,000
Comprehensive Total: $1,951,000,000
Everglades
Restoration Plan,
Central and
Southern Florida
Project
------------------------------------------------------------------------
2. OR Lower Willamette December 14, Federal: $19,143,000
River 2015 Non-Federal: $10,631,000
Environmental Total: $29,774,000
Dredging
------------------------------------------------------------------------
3. WA Skokomish River December 14, Federal: $12,782,000
2015 Non-Federal: $6,882,000
Total: $19,664,000
------------------------------------------------------------------------
4. CA LA River Ecosystem December 18, Federal: $375,773,000
Restoration 2015 Non-Federal: $980,835,000
Total: $1,356,608,000
------------------------------------------------------------------------
(6) Special rule.--The portion of the Mill Creek Flood Risk
Management project authorized by paragraph (2) 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).
SEC. 6002. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED BY THE
SECRETARY.
The following project modifications for water resources development
and conservation and other purposes are authorized to be carried out by
the Secretary substantially in accordance with the recommendations of
the Director of Civil Works, as specified in the reports referred to in
this section:
------------------------------------------------------------------------
C. Date of
A. B. Name Director's D. Updated Authorization
State Report Project Costs
------------------------------------------------------------------------
1. KS, Turkey Creek November 4, 2015 Estimated Federal:
MO Basin $97,067,750
Estimated Non-Federal:
$55,465,250
Total: $152,533,000
------------------------------------------------------------------------
2. MO Blue River Basin November 6, 2015 Estimated Federal:
$34,860,000
Estimated Non-Federal:
$11,620,000
Total: $46,480,000
------------------------------------------------------------------------
3. FL Picayune Strand March 9, 2016 Estimated Federal:
$308,983,000
Estimated Non-Federal:
$308,983,000
Total: $617,967,000
------------------------------------------------------------------------
4. KY Ohio River March 11, 2016 Estimated Federal:
Shoreline $20,309,900
Estimated Non-Federal:
$10,936,100
Total: $31,246,000
------------------------------------------------------------------------
5. TX Houston Ship May 13, 2016 Estimated Federal:
Channel $381,032,000
Estimated Non-Federal:
$127,178,000
Total: $508,210,000
------------------------------------------------------------------------
6. AZ Rio de Flag, June 22, 2016 Estimated Federal:
Flagstaff $65,514,650
Estimated Non-Federal:
$35,322,350
Total: $100,837,000
------------------------------------------------------------------------
7. MO Swope Park April 21, 2016 Estimated Federal:
Industrial Area, $20,205,250
Blue River Estimated Non-Federal:
$10,879,750
Total: $31,085,000
------------------------------------------------------------------------
SEC. 6003. AUTHORIZATION OF STUDY AND MODIFICATION PROPOSALS SUBMITTED
TO CONGRESS BY THE SECRETARY.
(a) 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)''; and
(2) 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 Homeland Security
and the Secretary of Defense to identify national security
benefits associated with an Arctic deep draft port; and
``(2) if appropriate, as determined by the Secretary, may
determine a port described in paragraph (1) is feasible based
on the benefits described in that paragraph.''.
(b) Ouachita-Black Rivers, Arkansas and Louisiana.--The Secretary
shall conduct a study to determine the feasibility of modifying the
project for navigation, Ouachita-Black Rivers, authorized by section
101 of the River and Harbor Act of 1960 (Public Law 86-645; 74 Stat.
481) to include bank stabilization and water supply as project
purposes.
(c) Cache Creek Basin, California.--
(1) In general.--The Secretary shall prepare a general
reevaluation report on the project for flood control, Cache
Creek Basin, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (Public Law 99-662; 100
Stat. 4112).
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall identify specific needed modifications
to existing project authorities--
(A) to increase basin capacity;
(B) to decrease the long-term maintenance; and
(C) to provide opportunities for ecosystem benefits
for the Sacramento River flood control project.
(d) Coyote Valley Dam, California.--The Secretary shall conduct a
study to determine the feasibility of carrying out a project for flood
damage reduction, environmental restoration, and water supply by
modifying the Coyote Valley Dam, California.
(e) Del Rosa Drainage Area, California.--The Secretary shall
conduct a study to determine the feasibility of carrying out projects
for flood control and ecosystem restoration in the cities of San
Bernardino and Highland, San Bernardino County, California.
(f) Merced County, California.--The Secretary shall prepare a
general reevaluation report on the project for flood control, Merced
County streams project, California, authorized by section 10 of the Act
of December 22, 1944 (58 Stat. 900; chapter 665), to investigate the
flood risk management opportunities and improve levee performance along
Black Rascal Creek and Bear Creek.
(g) Mission-Zanja Drainage Area, California.--The Secretary shall
conduct a study to determine the feasibility of carrying out projects
for flood control and ecosystem restoration in the cities of Redlands,
Loma Linda, and San Bernardino, California, and unincorporated counties
of San Bernardino County, California.
(h) Santa Ana River Basin, California.--The Secretary shall conduct
a study to determine the feasibility of modifying the project for flood
damage reduction by modifying the San Jacinto and Bautista Creek
Improvement Project, part of the Santa Ana River Basin Project in
Riverside County, California.
(i) Delaware Bay Coastline, Delaware and New Jersey-Roosevelt
Inlet-Lewes Beach, Delaware.--The Secretary shall conduct a study to
determine the feasibility of modifying the project for shoreline
protection and ecosystem restoration, Delaware Bay Coastline, Delaware
and New Jersey-Roosevelt Inlet-Lewes Beach, Delaware, authorized by
section 101(a)(13) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 276), to extend the authorized project
limit from the current eastward terminus to a distance of 8,000 feet
east of the Roosevelt Inlet east jetty.
(j) Mispillion Inlet, Conch Bar, Delaware.--The Secretary shall
conduct a study to determine the feasibility of carrying out a project
for navigation and shoreline protection at Mispillion Inlet and Conch
Bar, Sussex County, Delaware.
(k) Daytona Beach Flood Protection, Florida.--The Secretary shall
conduct a study to determine the feasibility of carrying out projects
for flood control in the city of Daytona Beach, Florida.
(l) Brunswick Harbor, Georgia.--The Secretary shall conduct a study
to determine the feasibility of modifying the project for navigation,
Brunswick Harbor, Georgia, authorized by section 101(a)(19) of the
Water Resources and Development Act of 1999 (Public Law 106-53; 113
Stat. 277)--
(1) to widen the existing bend in the Federal navigation
channel at the intersection of Cedar Hammock and Brunswick
Point Cut Ranges; and
(2) to extend the northwest side of the existing South
Brunswick River Turning Basin.
(m) Savannah River Below Augusta, Georgia.--The Secretary shall
conduct a study to determine the feasibility of modifying the project
for navigation, Savannah River below Augusta, Georgia, authorized by
the first section of the Act of July 3, 1930 (46 Stat. 924, chapter
847), to include aquatic ecosystem restoration, water supply,
recreation, sediment management, and flood control as project purposes.
(n) Dubuque, Iowa.--The Secretary shall conduct a study to
determine the feasibility of modifying the project for flood
protection, Dubuque, Iowa, authorized by section 208 of the Flood
Control Act of 1965 (Public Law 89-298; 79 Stat. 1086), to increase the
level of flood protection and reduce flood damages.
(o) Mississippi River Ship Channel, Gulf to Baton Rouge,
Louisiana.--The Secretary shall conduct a study to determine the
feasibility of modifying the project for navigation, Mississippi River
Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by section
201(a) of the Harbor Development and Navigation Improvement Act of 1986
(Public Law 99-662; 100 Stat. 4090), to deepen the channel approaches
and the associated area on the left descending bank of the Mississippi
River between mile 98.3 and mile 100.6 Above Head of Passes (AHP) to a
depth equal to the Channel.
(p) St. Tammany Parish Government Comprehensive Coastal Master
Plan, Louisiana.--The Secretary shall conduct a study to determine the
feasibility of carrying out projects described in the St. Tammany
Parish Comprehensive Coastal Master Plan for flood control, shoreline
protection, and ecosystem restoration in St. Tammany Parish, Louisiana.
(q) Cayuga Inlet, Ithaca, New York.--The Secretary shall conduct a
study to determine the feasibility of modifying the project for flood
protection, Great Lakes Basin, authorized by section 203 of the Flood
Control Act of 1960 (Public Law 86-645; 74 Stat. 488) to include
sediment management as a project purpose on the Cayuga Inlet, Ithaca,
New York.
(r) Chautauqua County, New York.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of carrying out projects for flood
risk management, navigation, environmental dredging, and
ecosystem restoration on the Cattaraugus, Silver Creek, and
Chautauqua Lake tributaries in Chautauqua County, New York.
(2) Evaluation of potential solutions.--In conducting the
study under paragraph (1), the Secretary shall evaluate
potential solutions to flooding from all sources, including
flooding that results from ice jams.
(s) Delaware River Basin, New York, New Jersey, Pennsylvania,
Delaware.--The Secretary shall conduct a study to determine the
feasibility of modifying the operations of the projects for flood
control, Delaware River Basin, New York, New Jersey, Pennsylvania, and
Delaware, authorized by section 10 of the Flood Control Act of 1946 (60
Stat. 644, chapter 596), and section 203 of the Flood Control Act of
1962 (Public Law 87-874; 76 Stat. 1182), to enhance opportunities for
ecosystem restoration and water supply.
(t) 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.
(u) 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.--
(A) In general.--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.
(B) Addressing deficiencies.--In addressing
deficiencies under subparagraph (A), the Secretary
shall incorporate current design standards and
efficiency improvements, including the replacement of
mechanical and electrical components at pumping
stations, if the incorporation does not significantly
change the scope, function, or purpose of the project.
(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 Reform and Development Act of 2007
(33 U.S.C. 3301)) is classified as a 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.
(v) Johnstown, Pennsylvania.--The Secretary shall conduct a study
to determine the feasibility of modifying the project for flood
control, Johnstown, Pennsylvania, authorized by the Act of June 22,
1936 (49 Stat. 1570, chapter 688; 50 Stat. 880) (commonly known as the
``Flood Control Act of 1936''), to include aquatic ecosystem
restoration, recreation, sediment management, and increase the level of
flood control.
(w) Chacon Creek, Texas.--Notwithstanding any other provision of
law (including any resolution of a Committee of Congress), the study
conducted by the Secretary described in the resolution adopted by the
Committee on Transportation and Infrastructure of the House of
Representatives on May 21, 2003, relating to flood damage reduction,
environmental restoration and protection, water conservation and
supply, water quality, and related purposes in the Rio Grande Watershed
below Falcon Dam, shall include the area above Falcon Dam.
(x) Corpus Christi Ship Channel, Texas.--The Secretary shall
conduct a study to determine the feasibility of modifying the project
for navigation and ecosystem restoration, Corpus Christi Ship Channel,
Texas, authorized by section 1001(40) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1056), to
develop and evaluate alternatives that address navigation problems
directly affecting the Corpus Christi Ship Channel, La Quinta Channel,
and La Quinta Channel Extension, including deepening the La Quinta
Channel, 2 turning basins, and the wye at La Quinta Junction.
(y) Trinity River and Tributaries, Texas.--
(1) Review.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review the economic
analysis of the Center for Economic Development and Research of
the University of North Texas entitled ``Estimated Economic
Benefits of the Modified Central City Project (Trinity River
Vision) in Fort Worth, Texas'' and dated November 2014.
(2) Authorization.--The project for flood control and other
purposes on the Trinity River and tributaries, Texas,
authorized by the River and Harbor Act of 1965 (Public Law 89-
298; 79 Stat. 1091), as modified by section 116 the Energy and
Water Development Appropriations Act, 2005 (Public Law 108-447;
118 Stat. 2944), is further modified to authorize the Secretary
to carry out projects described in the recommended plan of the
economic analysis described in paragraph (1), if the Secretary
determines, based on the review referred to in paragraph (1),
that--
(A) the economic analysis and the process by which
the economic analysis was developed complies with
Federal law (including regulations) applicable to
economic analyses for water resources development
projects; and
(B) based on the economic analysis, the recommended
plan in the supplement to the final environmental
impact statement for the Central City Project, Upper
Trinity River entitled ``Final Supplemental No. 1'' is
economically justified.
(3) Limitation.--The Federal share of the cost of the
recommended plan described in paragraph (2) shall not exceed
$520,000,000, of which not more than $5,500,000 may be expended
to carry out recreation features of the project.
(z) Chincoteague Island, Virginia.--The Secretary shall conduct a
study to determine the feasibility of carrying out projects for
ecosystem restoration and flood control, Chincoteague Island, Virginia,
authorized by section 8 of Public Law 89-195 (16 U.S.C. 459f-7)
(commonly known as the ``Assateague Island National Seashore Act'')
for--
(1) assessing the current and future function of the
barrier island, inlet, and coastal bay system surrounding
Chincoteague Island;
(2) developing an array of options for resource management;
and
(3) evaluating the feasibility and cost associated with
sustainable protection and restoration areas.
(aa) Burley Creek Watershed, Washington.--The Secretary shall
conduct a study to determine the feasibility of carrying out projects
for flood control and aquatic ecosystem restoration in the Burley Creek
Watershed, Washington.
SEC. 6004. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall expedite completion of the reports for the
following projects, in accordance with section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348), 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):
(1) The project for navigation, St. George Harbor, Alaska.
(2) The project for flood risk management, Rahway River
Basin, New Jersey.
(3) The Hudson-Raritan Estuary Comprehensive Restoration
Project.
(4) The project for navigation, Mobile Harbor, Alabama.
SEC. 6005. EXTENSION OF EXPEDITED CONSIDERATION IN SENATE.
Section 7004(b)(4) of the Water Resources Reform and Development
Act of 2014 (Public Law 113-121; 128 Stat. 1374) is amended by striking
``2018'' and inserting ``2020''.
SEC. 6006. GAO STUDY ON CORPS OF ENGINEERS METHODOLOGY AND PERFORMANCE
METRICS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General 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
study of the methodologies and performance metrics used by the Corps of
Engineers to calculate benefit-to-cost ratios and evaluate construction
projects.
(b) Considerations.--The study under subsection (a) shall address--
(1) whether and to what extent the current methodologies
and performance metrics place small and rural geographic areas
at a competitive disadvantage;
(2) whether the value of property for which damage would be
prevented as a result of a flood risk management project is the
best measurement for the primary input in benefit-to-cost
calculations for flood risk management projects;
(3) any recommendations for approaches to modify the
metrics used to improve benefit-to-cost ratio results for small
and rural geographic areas; and
(4) whether a reevaluation of existing approaches and the
primary criteria used to calculate the economic benefits of a
Corps of Engineers construction project could provide greater
construction project completion results for small and rural
geographic areas without putting a strain on the budget of the
Corps of Engineers.
SEC. 6007. INVENTORY ASSESSMENT.
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. 6008. SAINT LAWRENCE SEAWAY MODERNIZATION.
(a) Definitions.--In this section:
(1) Great lakes region.--The term ``Great Lakes region''
means the region comprised of the Great Lakes States.
(2) Great lakes states.--The term ``Great Lakes States''
means each of the States of Illinois, Indiana, Michigan,
Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.
(3) Seaway.--The term ``Seaway'' means the Saint Lawrence
Seaway.
(b) Study.--
(1) In general.--The Comptroller General, in cooperation
with appropriate Federal, State, and local authorities, shall
conduct a study to--
(A) assess the condition of the Seaway; and
(B) evaluate options available in the 21st century
for modernizing the Seaway as a globally significant
transportation corridor.
(2) Scope of study.--In conducting the study under
paragraph (1), the Comptroller General shall--
(A) assess the condition of the Seaway and the
capacity of the Seaway to drive commerce and other
economic activity in the Great Lakes region;
(B) detail the importance of the Seaway to the
functioning of the United States economy, with an
emphasis on the domestic manufacturing sector,
including the domestic steel manufacturing industry;
(C) evaluate options--
(i) to modernize physical navigation
infrastructure, facilities, and related assets
not operated or maintained by the Secretary
along the corridor of the Seaway, including an
assessment of alternative means for the Great
Lakes region to finance large-scale
initiatives;
(ii) to increase exports of domestically
produced goods and study the trade balance and
regional economic impact of the possible
increase in imports of agricultural products,
steel, aggregates, and other goods commonly
transported through the Seaway;
(iii) increase economic activity and
development in the Great Lakes region by
advancing the multimodal transportation and
economic network in the region;
(iv) ensure the competitiveness of the
Seaway as a transportation corridor in an
increasingly integrated global transportation
network; and
(v) attract tourists to the Great Lakes
region by improving attractions and removing
barriers to tourism and travel throughout the
Seaway; and
(D) evaluate the existing and potential financing
authorities of the Seaway as compared to other Federal
agencies and instrumentalities with development
responsibilities.
(3) Deadline.--The Comptroller General shall complete the
study under paragraph (1) as soon as practicable and not later
than 2 years after the date of enactment of this Act.
(4) Coordination.--The Comptroller General shall conduct
the study under paragraph (1) with input from representatives
of the Saint Lawrence Seaway Development Corporation, the
Economic Development Administration, the Coast Guard, the Corps
of Engineers, the Department of Homeland Security, and State
and local entities (including port authorities throughout the
Seaway).
(5) Report.--The Comptroller General shall submit to
Congress a report on the results of the study under paragraph
(1) not later than the earlier of--
(A) the date that is 180 days after the date on
which the study is completed; or
(B) the date that is 30 months after the date of
enactment of this Act.
SEC. 6009. YAZOO BASIN, MISSISSIPPI.
The authority of the Secretary to carry out the project for flood
damage reduction, bank stabilization, and sediment and erosion control
known as the ``Yazoo Basin, Mississippi, Mississippi Delta Headwater
Project, MS'', authorized by title I of Public Law 98-8 (97 Stat. 22),
as amended, shall not be limited to watersheds referenced in reports
accompanying appropriations bills for previous fiscal years.
TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE
SEC. 7001. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the Administrator
of the Environmental Protection Agency.
SEC. 7002. SENSE OF THE SENATE ON APPROPRIATIONS LEVELS AND FINDINGS ON
ECONOMIC IMPACTS.
(a) Sense of the Senate.--It is the sense of the Senate that
Congress should provide robust funding for the State 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.).
(b) Findings.--Congress finds, based on an analysis sponsored by
the Water Environment Federation and the WateReuse Association of the
nationwide impact of State revolving loan fund spending using the
IMPLAN economic model developed by the Federal Government, that, in
addition to the public health and environmental benefits, the Federal
investment in safe drinking water and clean water provides the
following benefits:
(1) Generation of significant Federal tax revenue, as
evidenced by the following:
(A) Every dollar of a Federal capitalization grant
returns $0.21 to the general fund of the Treasury in
the form of Federal taxes and, when additional spending
from the State revolving loan funds is considered to be
the result of leveraging the Federal investment, every
dollar of a Federal capitalization grant returns $0.93
in Federal tax revenue.
(B) A combined $34,700,000,000 in capitalization
grants for the clean water and state drinking water
state revolving loan funds described in subsection (a)
over a period of 5 years would generate $7,430,000,000
in Federal tax revenue and, when additional spending
from the State revolving loan funds is considered to be
the result of leveraging the Federal investment, the
Federal investment will result in $32,300,000,000 in
Federal tax revenue during that 5-year period.
(2) An increase in employment, as evidenced by the
following:
(A) Every $1,000,000 in State revolving loan fund
spending generates 16\1/2\ jobs.
(B) $34,700,000,000 in Federal capitalization
grants for State revolving loan funds over a period of
5 years would result in 506,000 jobs.
(3) An increase in economic output:
(A) Every $1,000,000 in State revolving loan fund
spending results in $2,950,000 in output for the
economy of the United States.
(B) $34,700,000,000 in Federal capitalization
grants for State revolving loan funds over a period of
5 years will generate $102,700,000,000 in total
economic output.
Subtitle A--Drinking Water
SEC. 7101. PRECONSTRUCTION WORK.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)) is amended--
(1) by designating the first, second, third, fourth, and
fifth sentences as subparagraphs (A), (B), (D), (E), and (F),
respectively;
(2) in subparagraph (B) (as designated by paragraph (1)) 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
(3) by inserting after subparagraph (B) (as designated by
paragraph (1)) 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. 7102. PRIORITY SYSTEM REQUIREMENTS.
Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
(2) by striking subparagraph (A) and inserting the
following:
``(A) Definition of restructuring.--In this
paragraph, the term `restructuring' means changes in
operations (including ownership, cooperative
partnerships, asset management, consolidation, and
alternative water supply).
``(B) Priority system.--An intended use plan shall
provide, to the maximum extent practicable, that
priority for the use of funds be given to projects
that--
``(i) address the most serious risk to
human health;
``(ii) are necessary to ensure compliance
with this title (including requirements for
filtration);
``(iii) assist systems most in need on a
per-household basis according to State
affordability criteria; and
``(iv) improve the sustainability of
systems.
``(C) Weight given to applications.--After
determining project priorities under subparagraph (B),
an intended use plan shall provide that the State shall
give greater weight to an application for assistance by
a community water system if the application includes
such information as the State determines to be
necessary and contains--
``(i) a description of utility management
best practices undertaken by a treatment works
applying for assistance, including--
``(I) an inventory of assets,
including any lead service lines, and a
description of the condition of the
assets;
``(II) a schedule for replacement
of assets;
``(III) a financing plan that
factors in all lifecycle costs
indicating sources of revenue from
ratepayers, grants, bonds, other loans,
and other sources to meet the costs;
and
``(IV) a review of options for
restructuring the public water system;
``(ii) demonstration of consistency with
State, regional, and municipal watershed plans;
``(iii) a water conservation plan
consistent with guidelines developed for those
plans by the Administrator under section
1455(a); and
``(iv) approaches to improve the
sustainability of the system, including--
``(I) water efficiency or
conservation, including the
rehabilitation or replacement of
existing leaking pipes;
``(II) use of reclaimed water;
``(III) actions to increase energy
efficiency; and
``(IV) implementation of plans to
protect source water identified in a
source water assessment under section
1453.''; and
(3) in subparagraph (D) (as redesignated by paragraph (1)),
by striking ``periodically'' and inserting ``at least
biennially''.
SEC. 7103. 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) in the first sentence, by striking ``up to 4 percent of
the funds allotted to the State under this section'' and
inserting ``, for each fiscal year, an amount that does not
exceed the sum of the amount of any fees collected by the State
for use in covering reasonable costs of administration of
programs under this section, regardless of the source, and an
amount equal to the greatest of $400,000, \1/5\ percent of the
current valuation of the fund, or 4 percent of all grant awards
to the fund under this section for the fiscal year,''; and
(2) by striking ``1419,'' and all that follows through
``1993.'' and inserting ``1419.''.
SEC. 7104. OTHER AUTHORIZED ACTIVITIES.
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)) is amended--
(1) in paragraph (1)(D), by inserting before the period at
the end the following: ``and the implementation of plans to
protect source water identified in a source water assessment
under section 1453''; and
(2) in paragraph (2)(E), by inserting after ``wellhead
protection programs'' the following: ``and implement plans to
protect source water identified in a source water assessment
under section 1453''.
SEC. 7105. NEGOTIATION OF CONTRACTS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended by adding at the end the following:
``(s) Negotiation of Contracts.--For communities with populations
of more than 10,000 individuals, a contract to be carried out using
funds directly made available by a capitalization grant under this
section for program management, construction management, feasibility
studies, preliminary engineering, design, engineering, surveying,
mapping, or architectural or related services shall be negotiated in
the same manner as--
``(1) a contract for architectural and engineering services
is negotiated under chapter 11 of title 40, United States Code;
or
``(2) an equivalent State qualifications-based requirement
(as determined by the Governor of the State).''.
SEC. 7106. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) is amended by adding at the end the following:
``SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
``(a) Definition of Underserved Community.--In this section:
``(1) In general.--The term `underserved community' means a
local political subdivision that, as determined by the
Administrator, has an inadequate drinking water or wastewater
system.
``(2) Inclusions.--The term `underserved community'
includes a local political subdivision that either, as
determined by the Administrator--
``(A) does not have household drinking water or
wastewater services; or
``(B) has a drinking water system that fails to
meet health-based standards under this Act, including--
``(i) a maximum contaminant level for a
primary drinking water contaminant;
``(ii) a treatment technique violation; and
``(iii) an action level exceedance.
``(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 Act.
``(2) Inclusions.--Projects and activities under paragraph
(1) include--
``(A) infrastructure investments necessary to
comply with the requirements of this Act,
``(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 entity eligible to receive a grant
under this section--
``(1) is--
``(A) a public water system as defined in section
1401;
``(B) a system that is located in an area governed
by an Indian Tribe (as defined in section 1401); or
``(C) a State, on behalf of an underserved
community; and
``(2) serves a community that, under affordability criteria
established by the State under section 1452(d)(3), is
determined by the State--
``(A) to be a disadvantaged community;
``(B) to be a community that may become a
disadvantaged community as a result of carrying out an
eligible activity; or
``(C) to serve a community with a population of
less than 10,000 individuals that the Administrator
determines does not have the capacity to incur debt
sufficient to finance the project under subsection (b).
``(d) Priority.--In prioritizing projects for implementation under
this section, the Administrator shall give priority to systems that
serve underserved communities.
``(e) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of, affected States, Indian Tribes,
and local governments.
``(f) Technical, Managerial, and Financial Capability.--The
Administrator may provide assistance to increase the technical,
managerial, and financial capability of an eligible entity receiving a
grant under this section if the Administrator determines that the
eligible entity lacks appropriate technical, managerial, and financial
capability.
``(g) Cost Sharing.--Before carrying out any project under this
section, the Administrator shall enter into a binding agreement with 1
or more non-Federal interests that shall require the non-Federal
interests--
``(1) to pay not less than 45 percent of the total costs of
the project, 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; and
``(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
``(h) Waiver.--The Administrator may waive the requirement to pay
the non-Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under this section 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) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $230,000,000 for fiscal year 2017; and
``(2) $300,000,000 for each of fiscal years 2018 through
2021.''.
(b) Funding.--Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the
Administrator to provide grants to eligible entities under section
1459A of the Safe Drinking Water Act (as added by subsection (a)),
$20,000,000, to remain available until expended.
SEC. 7107. REDUCING LEAD IN DRINKING WATER.
(a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) (as amended by section 7106) is amended by adding at the
end the following:
``SEC. 1459B. REDUCING LEAD IN DRINKING WATER.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a community water system;
``(B) a 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; 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 level 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
lead levels in water for human consumption;
``(iii) assistance to low-income homeowners
to replace privately owned service lines,
pipes, fittings, or fixtures that contain lead;
and
``(iv) education of consumers regarding
measures to reduce exposure to lead from
drinking water or other sources.
``(B) Limitation.--The term `lead reduction
project' does not include a partial lead service line
replacement if, at the conclusion of the service line
replacement, drinking water is delivered to a household
through a publicly or privately owned portion of a lead
service line.
``(3) Low-income.--The term `low-income', with respect to
an individual provided assistance under this section, has such
meaning as may be given the term by the head of the
municipality or State, interstate, or intermunicipal agency
with jurisdiction over the area to which assistance is
provided.
``(4) Municipality.--The term `municipality' means--
``(A) a city, town, borough, county, parish,
district, association, or other public entity
established by, or pursuant to, applicable State law;
and
``(B) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).
``(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, before receiving the assistance
the eligible entity shall take steps to identify--
``(A) the source of lead in water for human
consumption; and
``(B) the means by which the proposed lead
reduction project would reduce lead levels in the
applicable 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 at any time during the 3-year
period preceding the date of submission of the
application of the eligible entity;
``(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; or
``(iii) address such priority criteria as
the Administrator may establish, consistent
with the goal of reducing lead levels of
concern.
``(4) Cost sharing.--
``(A) In general.--Subject to subparagraph (B), the
non-Federal share of the total cost of a project funded
by a grant under this subsection shall be not less than
20 percent.
``(B) Waiver.--The Administrator may reduce or
eliminate the non-Federal share under subparagraph (A)
for reasons of affordability, as the Administrator
determines to be appropriate.
``(5) Low-income assistance.--
``(A) In general.--Subject to subparagraph (B), an
eligible entity may use a grant provided under this
subsection to provide assistance to low-income
homeowners to carry out lead reduction projects.
``(B) Limitation.--The amount of a grant provided
to a low-income homeowner under this paragraph shall
not exceed the cost of replacement of the privately
owned portion of the 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 shall--
``(A) notify customers of the replacement of any
publicly owned portion of the lead service line;
``(B) 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;
``(C) in the case of a low-income homeowner, offer
to replace the privately owned portion of the lead
service line and any pipes, fitting, and fixtures that
contain lead at a cost that is equal to the difference
between--
``(i) the cost of replacement; and
``(ii) the amount of low-income assistance
available to the homeowner under paragraph (5);
``(D) 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) demonstrate that the eligible entity has
considered options for reducing lead in drinking water,
including an evaluation of options for corrosion
control.
``(c) 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.''.
(b) Funding.--Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the
Administrator to provide grants to eligible entities under this section
under section 1459B of the Safe Drinking Water Act (as added by
subsection (a)), $20,000,000, to remain available until expended.
SEC. 7108. REGIONAL LIAISONS FOR MINORITY, TRIBAL, AND LOW-INCOME
COMMUNITIES.
(a) In General.--The Administrator shall appoint not fewer than 1
employee in each regional office of the Environmental Protection Agency
to serve as a liaison to minority, tribal, and low-income communities
in the relevant region.
(b) Public Identification.--The Administrator shall identify each
regional liaison selected under subsection (a) on the website of--
(1) the relevant regional office of the Environmental
Protection Agency; and
(2) the Office of Environmental Justice of the
Environmental Protection Agency.
SEC. 7109. NOTICE TO PERSONS SERVED.
(a) Exceedance of Lead Action Level.--Section 1414(c) of the Safe
Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Notice of any exceedance of a lead action
level or any other prescribed level of lead in a
regulation issued under section 1412, including the
concentrations of lead found in a monitoring
activity.'';
(2) in paragraph (2)--
(A) in subparagraph (C)--
(i) in clause (iii)--
(I) by striking ``Administrator
or'' and inserting ``Administrator, the
Director of the Centers for Disease
Control and Prevention, and, if
applicable,''; and
(II) by inserting ``and the
appropriate State and county health
agencies'' after ``1413'';
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(C) by inserting after subparagraph (C) the
following:
``(D) Exceedance of lead action level.--Regulations
issued under subparagraph (A) shall specify
notification procedures for an exceedance of a lead
action level or any other prescribed level of lead in a
regulation issued under section 1412.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) Notification of the public relating to lead.--
``(A) Exceedance of lead action level.--Not later
than 15 days after the date of an exceedance of a lead
action level or any other prescribed level of lead in a
regulation issued under section 1412, the Administrator
shall notify the public of the concentrations of lead
found in the monitoring activity conducted by the
public water system if the public water system or the
State does not notify the public of the concentrations
of lead found in a monitoring activity.
``(B) Results of lead monitoring.--
``(i) In general.--The Administrator may
provide notice of any result of lead monitoring
conducted by a public water system to--
``(I) any person that is served by
the public water system; or
``(II) the local or State health
department of a locality or State in
which the public water system is
located.
``(ii) Form of notice.--The Administrator
may provide the notice described in clause (i)
by--
``(I) press release; or
``(II) other form of communication,
including local media.
``(C) Privacy.--Notice to the public shall protect
the privacy of individual customer information.''; and
(5) by adding at the end the following:
``(6) Strategic plan.--Not later than 120 days after the
date of enactment of this paragraph, the Administrator, in
collaboration with States and owners and operators of public
water systems, shall establish a strategic plan for how the
Administrator, a State with primary enforcement responsibility,
and the owners and operators of public water systems shall
conduct targeted outreach, education, technical assistance, and
risk communication to populations affected by lead in a public
water system.''.
(b) Conforming Amendments.--Section 1414(c) of the Safe Drinking
Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in paragraph (1)(C), by striking ``paragraph (2)(E)''
and inserting ``paragraph (2)(F)'';
(2) in paragraph (2)(B)(i)(II), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)''; and
(3) in paragraph (4)(B) (as redesignated by subsection
(a)(3)), in the first sentence, by striking ``(D)'' and
inserting ``(E)''.
SEC. 7110. ELECTRONIC REPORTING OF DRINKING WATER DATA.
Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is
amended by adding at the end the following:
``(j) Electronic Reporting of Compliance Monitoring Data.--
``(1) In general.--The Administrator shall require
electronic submission of available compliance monitoring data,
if practicable--
``(A) by public water systems (or a certified
laboratory on behalf of a public water system)--
``(i) to the Administrator; or
``(ii) with respect to a public water
system in a State that has primary enforcement
responsibility under section 1413, to that
State; and
``(B) by each State that has primary enforcement
responsibility under section 1413 to the Administrator,
as a condition on the receipt of funds under this Act.
``(2) Considerations.--In determining whether the
requirement referred to in paragraph (1) is practicable, the
Administrator shall consider--
``(A) the ability of a public water system (or a
certified laboratory on behalf of a public water
system) or a State to meet the requirements of sections
3.1 through 3.2000 of title 40, Code of Federal
Regulations (or successor regulations);
``(B) information system compatibility;
``(C) the size of the public water system; and
``(D) the size of the community served by the
public water system.''.
SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD CARE 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 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 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
``(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) an operator of a child care program
facility licensed under State law.
``(2) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Water Resources
Development Act of 2016, the Administrator shall
establish a voluntary school and child care 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) Grants to local educational agencies.--The
Administrator may make grants directly available to
local educational agencies for the voluntary testing
described in subparagraph (A) in--
``(i) any State that does not participate
in the voluntary school and child care lead
testing grant program established under that
subparagraph; and
``(ii) any direct implementation area.
``(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 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 State or local
educational agency shall ensure that each local educational
agency to which grant funds are distributed shall--
``(A) expend grant funds in accordance with--
``(i) the guidance of the Environmental
Protection Agency entitled `3Ts for Reducing
Lead in Drinking Water in Schools: Revised
Technical Guidance' and dated October 2006 (or
any successor guidance); or
``(ii) applicable State regulations or
guidance regarding reducing lead in drinking
water in schools and child care programs that
is not less stringent than the guidance
referred to in clause (i); and
``(B)(i) make available in the administrative
offices, and to the maximum 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 that is carried
out with 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. 7112. WATERSENSE PROGRAM.
The Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding after Part F the following:
``PART G--ADDITIONAL PROVISIONS
``SEC. 1471. WATERSENSE PROGRAM.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the Agency a
voluntary WaterSense program to identify and promote water-
efficient products, buildings, landscapes, facilities,
processes, and services that, through voluntary labeling of, or
other forms of communications regarding, products, buildings,
landscapes, facilities, processes, and services while meeting
strict performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community
water systems and wastewater and stormwater
infrastructure;
``(C) conserve energy used to pump, heat,
transport, and treat water; and
``(D) preserve water resources for future
generations.
``(2) Inclusions.--The Administrator shall, consistent with
this section, identify water-efficient products, buildings,
landscapes, facilities, processes, and services, including
categories such as--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions
that reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator, coordinating as appropriate with
the Secretary of Energy, shall--
``(1) establish--
``(A) a WaterSense label to be used for items
meeting the certification criteria established in
accordance with this section; and
``(B) the procedure, including the methods and
means, and criteria by which an item may be certified
to display the WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible
performance criteria so that products, buildings,
landscapes, facilities, processes, and services labeled
with the WaterSense label perform as well or better
than less water-efficient counterparts;
``(B) overseeing WaterSense certifications made by
third parties;
``(C) as determined appropriate by the
Administrator, using testing protocols, from the
appropriate, applicable, and relevant consensus
standards, for the purpose of determining standards
compliance; and
``(D) auditing the use of the WaterSense label in
the marketplace and preventing cases of misuse; and
``(4) not more than 6 years after adoption or major
revision of any WaterSense specification, review and, if
appropriate, revise the specification to achieve additional
water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested
parties and the public of any changes, including
effective dates, and an explanation of the changes;
``(B) solicit comments from interested parties and
the public prior to any changes;
``(C) as appropriate, respond to comments submitted
by interested parties and the public; and
``(D) provide an appropriate transition time prior
to the applicable effective date of any changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific
water-efficient product, building, landscape, process,
or service category being addressed; and
``(6) not later than December 31, 2018, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the maximum extent
practicable and not less than annually, regularly estimate and make
available to the public the production and relative market shares and
savings of water, energy, and capital costs of water, wastewater, and
stormwater attributable to the use of WaterSense-labeled products,
buildings, landscapes, facilities, processes, and services.
``(d) Distinction of Authorities.--In setting or maintaining
specifications for Energy Star pursuant to section 324A of the Energy
Policy and Conservation Act (42 U.S.C. 6294a), and WaterSense under
this section, the Secretary of Energy and Administrator shall
coordinate to prevent duplicative or conflicting requirements among the
respective programs.
``(e) No Warranty.--A WaterSense label shall not create an express
or implied warranty.''.
SEC. 7113. WATER SUPPLY COST SAVINGS.
(a) Findings.--Congress finds that--
(1) the United States is facing a drinking water
infrastructure funding crisis;
(2) the Environmental Protection Agency projects a
shortfall of approximately $384,000,000,000 in funding for
drinking water infrastructure from 2015 to 2035 and this
funding challenge is particularly acute in rural communities in
the United States;
(3) there are approximately 52,000 community water systems
in the United States, of which nearly 42,000 are small
community water systems;
(4) the Drinking Water Needs Survey conducted by the
Environmental Protection Agency in 2011 placed the shortfall in
drinking water infrastructure funding for small communities,
which consist of 3,300 or fewer persons, at $64,500,000,000;
(5) small communities often cannot finance the construction
and maintenance of drinking water systems because the cost per
resident for the investment would be prohibitively expensive;
(6) drought conditions have placed significant strains on
existing surface water supplies;
(7) many communities across the United States are
considering the use of groundwater and community well systems
to provide drinking water; and
(8) approximately 42,000,000 people in the United States
receive drinking water from individual wells and millions more
rely on community well systems for drinking water.
(b) Sense of the Senate.--It is the sense of the Senate that
providing rural communities with the knowledge and resources necessary
to fully use alternative drinking water systems, including wells and
community well systems, can provide safe and affordable drinking water
to millions of people in the United States.
(c) Drinking Water Technology Clearinghouse.--The Administrator and
the Secretary of Agriculture shall--
(1) update existing programs of the Environmental
Protection Agency and the Department of Agriculture designed to
provide drinking water technical assistance to include
information on cost-effective, innovative, and alternative
drinking water delivery systems, including systems that are
supported by wells; and
(2) disseminate information on the cost effectiveness of
alternative drinking water delivery systems, including wells
and well systems, to communities and not-for-profit
organizations seeking Federal funding for drinking water
systems serving 500 or fewer persons.
(d) Water System Assessment.--Notwithstanding any other provision
of law, in any application for a grant or loan from the Federal
Government or a State that is using Federal assistance for a drinking
water system serving 500 or fewer persons, 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.
(e) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Administrator and the Secretary of
Agriculture shall submit to Congress a report that describes--
(1) the use of innovative and alternative drinking water
systems described in this section;
(2) the range of cost savings for communities using
innovative and alternative drinking water 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. 7114. 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 for each of fiscal
years 2016 through 2021''.
SEC. 7115. 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. 7116. TECHNICAL ASSISTANCE FOR TRIBAL WATER SYSTEMS.
(a) Technical Assistance.--Section 1442(e)(7) of the Safe Drinking
Water Act (42 U.S.C. 300j-1(e)(7)) is amended by striking ``Tribes''
and inserting ``tribes, including grants to provide training and
operator certification services under section 1452(i)(5)''.
(b) Indian Tribes.--Section 1452(i) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(i)) is amended--
(1) in paragraph (1), 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
(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.
``(B) Eligible tribal organizations.--An
intertribal consortium or tribal organization eligible
for a grant under subparagraph (A) is an intertribal
consortium or tribal organization that--
``(i) is the most qualified to provide
training and technical assistance to Indian
tribes; and
``(ii) Indian tribes determine to be the
most beneficial and effective.''.
SEC. 7117. REQUIREMENT FOR THE USE OF AMERICAN MATERIALS.
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) Requirement for the use of american materials.--
``(A) Definition of iron and steel products.--In
this paragraph, the term `iron and steel products'
means the following products made, in part, of iron or
steel:
``(i) Lined or unlined pipe 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.
``(B) Requirement.--Except as provided in
subparagraph (C), funds made available by a State loan
fund authorized under this section may not be used for
a project for the construction, alteration,
maintenance, or repair of a public water system unless
all the iron and steel products used in the project are
produced in the United States.
``(C) Exception.--Subparagraph (B) shall not apply
in any case or category of cases in which the
Administrator finds that--
``(i) applying subparagraph (B) 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 product by
more than 25 percent.
``(D) Public notice; written justification.--
``(i) Public notice.--If the Administrator
receives a request for a waiver under this
paragraph, the Administrator shall--
``(I) make available to the public
on an informal basis, including on the
public website of the Administrator--
``(aa) a copy of the
request; and
``(bb) any information
available to the Administrator
regarding the request; and
``(II) provide notice of, and
opportunity for informal public comment
on, the request for a period of not
less than 15 days before making a
finding under subparagraph (C).
``(ii) Written justification.--If, after
the period provided under clause (i), the
Administrator makes a finding under
subparagraph (C), the Administrator shall
publish in the Federal Register a written
justification as to why subparagraph (B) is
being waived.
``(E) Application.--This paragraph shall be applied
in a manner consistent with United States obligations
under international agreements.
``(F) Management and oversight.--The Administrator
may use not more than 0.25 percent of any funds made
available to carry out this title for management and
oversight of the requirements of this paragraph.''.
Subtitle B--Clean Water
SEC. 7201. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (a), by striking the subsection
designation and heading and all that follows through ``subject
to subsection (g), the Administrator may'' in paragraph (2) and
inserting the following:
``(a) Authority.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to a municipality or municipal entity for planning,
designing, and constructing--
``(A) treatment works to intercept, transport,
control, or treat municipal combined sewer overflows
and sanitary sewer overflows; and
``(B) measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage water; and
``(2) subject to subsection (g),'';
(2) in subsection (b)--
(A) in paragraph (1), by striking the semicolon at
the end and inserting ``; or'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraph (4) as paragraph
(2);
(3) by striking subsections (e) through (g) and inserting
the following:
``(e) Administrative Requirements.--
``(1) In general.--Subject to paragraph (2), a project that
receives grant assistance under subsection (a) shall be carried
out subject to the same requirements as a project that receives
assistance from a State water pollution control revolving fund
established pursuant to title VI.
``(2) Determination of governor.--The requirement described
in paragraph (1) shall not apply to a project that receives
grant assistance under subsection (a) to the extent that the
Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) $250,000,000 for fiscal year 2017;
``(2) $300,000,000 for fiscal year 2018;
``(3) $350,000,000 for fiscal year 2019;
``(4) $400,000,000 for fiscal year 2020; and
``(5) $500,000,000 for fiscal year 2021.
``(g) Allocation of Funds.--
``(1) Fiscal year 2017 and 2018.--For each of fiscal years
2017 and 2018, subject to subsection (h), the Administrator
shall use the amounts made available to carry out this section
to provide grants to municipalities and municipal entities
under subsection (a)(2)--
``(A) in accordance with the priority criteria
described in subsection (b); and
``(B) with additional priority given to proposed
projects that involve the use of--
``(i) nonstructural, low-impact
development;
``(ii) water conservation, efficiency, or
reuse; or
``(iii) other decentralized stormwater or
wastewater approaches to minimize flows into
the sewer systems.
``(2) Fiscal year 2019 and thereafter.--For fiscal year
2019 and each fiscal year thereafter, subject to subsection
(h), the Administrator shall use the amounts made available to
carry out this section to provide grants to States under
subsection (a)(1) in accordance with a formula that--
``(A) shall be established by the Administrator,
after providing notice and an opportunity for public
comment; and
``(B) allocates to each State a proportional share
of the amounts based on the total needs of the State
for municipal combined sewer overflow controls and
sanitary sewer overflow controls, as identified in the
most recent survey--
``(i) conducted under section 210; and
``(ii) included in a report required under
section 516(b)(1)(B).''; and
(4) by striking subsection (i).
SEC. 7202. SMALL AND MEDIUM TREATMENT WORKS.
(a) In General.--Title II of the Federal Water Pollution Control
Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. TECHNICAL ASSISTANCE FOR SMALL AND MEDIUM TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Medium treatment works.--The term `medium treatment
works' means a publicly owned treatment works serving not fewer
than 10,001 and not more than 100,000 individuals.
``(2) Qualified nonprofit medium treatment works technical
assistance provider.--The term `qualified nonprofit medium
treatment works technical assistance provider' means a
qualified nonprofit technical assistance provider of water and
wastewater services to medium-sized communities that provides
technical assistance (including circuit rider technical
assistance programs, multi-State, regional assistance programs,
and training and preliminary engineering evaluations) to owners
and operators of medium treatment works, which may include
State agencies.
``(3) Qualified nonprofit small treatment works technical
assistance provider.--The term `qualified nonprofit small
treatment works technical assistance provider' means a
nonprofit organization that, as determined by the
Administrator--
``(A) is the most qualified and experienced in
providing training and technical assistance to small
treatment works; and
``(B) the small treatment works in the State finds
to be the most beneficial and effective.
``(4) Small treatment works.--The term `small treatment
works' means a publicly owned treatment works serving not more
than 10,000 individuals.
``(b) Technical Assistance.--The Administrator may use amounts made
available to carry out this section to provide grants or cooperative
agreements to qualified nonprofit small treatment works technical
assistance providers and grants or cooperative agreements to qualified
nonprofit medium treatment works technical assistance providers to
provide to owners and operators of small and medium treatment works
onsite technical assistance, circuit-rider technical assistance
programs, multi-State, regional technical assistance programs, and
onsite and regional training, to assist the treatment works in
achieving compliance with this Act or obtaining financing under this
Act for eligible projects.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for grants for small treatment works technical
assistance, $15,000,000 for each of fiscal years 2017 through
2021; and
``(2) for grants for medium treatment works technical
assistance, $10,000,000 for each of fiscal years 2017 through
2021.''.
(b) Water Pollution Control Revolving Loan Funds.--
(1) In general.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1),
by inserting ``and as provided in subsection
(e)'' after ``State law'';
(ii) by redesignating subsections (e)
through (i) as subsections (f) through (j),
respectively; and
(iii) by inserting after subsection (d) the
following:
``(e) Additional Use of Funds.--A State may use an additional 2
percent of the funds annually allotted to the State under this section
for qualified nonprofit small treatment works technical assistance
providers and qualified nonprofit medium treatment works technical
assistance providers (as those terms are defined in section 222) to
provide technical assistance to small treatment works and medium
treatment works (as those terms are defined in section 222) in the
State.''.
(2) Conforming amendment.--Section 221(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by
striking ``section 603(h)'' and inserting ``section 603(i)''.
SEC. 7203. INTEGRATED PLANS.
(a) Integrated Plans.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end the
following:
``(s) Integrated Plan Permits.--
``(1) Definitions.--In this subsection:
``(A) Green infrastructure.--The term `green
infrastructure' means the range of measures that use
plant or soil systems, permeable pavement or other
permeable surfaces or substrates, stormwater harvest
and reuse, or landscaping to store, infiltrate, or
evapotranspirate stormwater and reduce flows to sewer
systems or to surface waters.
``(B) Integrated plan.--The term `integrated plan'
has the meaning given in Part III of the Integrated
Municipal Stormwater and Wastewater Planning Approach
Framework, issued by the Environmental Protection
Agency and dated June 5, 2012.
``(C) Municipal discharge.--
``(i) In general.--The term `municipal
discharge' means a discharge from a treatment
works (as defined in section 212) or a
discharge from a municipal storm sewer under
subsection (p).
``(ii) Inclusion.--The term `municipal
discharge' includes a discharge of wastewater
or storm water collected from multiple
municipalities if the discharge is covered by
the same permit issued under this section.
``(2) Integrated plan.--
``(A) In general.--The Administrator (or a State,
in the case of a permit program approved under
subsection (b)) shall inform a municipal permittee or
multiple municipal permittees of the opportunity to
develop an integrated plan.
``(B) Scope of permit incorporating integrated
plan.--A permit issued under this subsection that
incorporates an integrated plan may integrate all
requirements under this Act addressed in the integrated
plan, including requirements relating to--
``(i) a combined sewer overflow;
``(ii) a capacity, management, operation,
and maintenance program for sanitary sewer
collection systems;
``(iii) a municipal stormwater discharge;
``(iv) a municipal wastewater discharge;
and
``(v) a water quality-based effluent
limitation to implement an applicable wasteload
allocation in a total maximum daily load.
``(3) Compliance schedules.--
``(A) In general.--A permit for a municipal
discharge by a municipality that incorporates an
integrated plan may include a schedule of compliance,
under which actions taken to meet any applicable water
quality-based effluent limitation may be implemented
over more than 1 permit term if the compliance
schedules are authorized by State water quality
standards.
``(B) Inclusion.--Actions subject to a compliance
schedule under subparagraph (A) may include green
infrastructure if implemented as part of a water
quality-based effluent limitation.
``(C) Review.--A schedule of compliance may be
reviewed each time the permit is renewed.
``(4) Existing authorities retained.--
``(A) Applicable standards.--Nothing in this
subsection modifies any obligation to comply with
applicable technology and water quality-based effluent
limitations under this Act.
``(B) Flexibility.--Nothing in this subsection
reduces or eliminates any flexibility available under
this Act, including the authority of--
``(i) a State to revise a water quality
standard after a use attainability analysis
under section 131.10(g) of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection), subject to
the approval of the Administrator under section
303(c); and
``(ii) the Administrator or a State to
authorize a schedule of compliance that extends
beyond the date of expiration of a permit term
if the schedule of compliance meets the
requirements of section 122.47 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subsection).
``(5) Clarification of state authority.--
``(A) In general.--Nothing in section 301(b)(1)(C)
precludes a State from authorizing in the water quality
standards of the State the issuance of a schedule of
compliance to meet water quality-based effluent
limitations in permits that incorporate provisions of
an integrated plan.
``(B) Transition rule.--In any case in which a
discharge is subject to a judicial order or consent
decree as of the date of enactment of the Water
Resources Development Act of 2016 resolving an
enforcement action under this Act, any schedule of
compliance issued pursuant to an authorization in a
State water quality standard shall not revise or
otherwise affect a schedule of compliance in that order
or decree unless the order or decree is modified by
agreement of the parties and the court.''.
(b) Municipal Ombudsman.--
(1) Establishment.--There is established within the Office
of the Administrator an Office of the Municipal Ombudsman.
(2) General duties.--The duties of the municipal ombudsman
shall include the provision of--
(A) technical assistance to municipalities seeking
to comply with the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) and the Safe Drinking Water
Act (42 U.S.C. 300f et seq.); and
(B) information to the Administrator to help the
Administrator ensure that agency policies are
implemented by all offices of the Environmental
Protection Agency, including regional offices.
(3) Actions required.--The municipal ombudsman shall work
with appropriate offices at the headquarters and regional
offices of the Environmental Protection Agency to ensure that
the municipality seeking assistance is provided information--
(A) about available Federal financial assistance
for which the municipality is eligible;
(B) about flexibility available under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.)
and, if applicable, the Safe Drinking Water Act (42
U.S.C. 300f et seq.); and
(C) regarding the opportunity to develop an
integrated plan, as defined in section 402(s)(1)(B) of
the Federal Water Pollution Control Act (as added by
subsection (a)).
(4) Priority.--In carrying out paragraph (3), the municipal
ombudsman shall give priority to any municipality that
demonstrates affordability concerns relating to compliance with
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(5) Information sharing.--The municipal ombudsman shall
publish on the website of the Environmental Protection Agency--
(A) general information relating to--
(i) the technical assistance referred to in
paragraph (2)(A);
(ii) the financial assistance referred to
in paragraph (3)(A);
(iii) the flexibility referred to in
paragraph 3(B); and
(iv) any resources related to integrated
plans developed by the Administrator; and
(B) a copy of each permit, order, or judicial
consent decree that implements or incorporates an
integrated plan.
(c) Municipal Enforcement.--Section 309 of the Federal Water
Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end
the following:
``(h) Implementation of Integrated Plans Through Enforcement
Tools.--
``(1) In general.--In conjunction with an enforcement
action under subsection (a) or (b) relating to municipal
discharges, the Administrator shall inform a municipality of
the opportunity to develop an integrated plan, as defined in
section 402(s).
``(2) Modification.--Any municipality under an
administrative order under subsection (a) or settlement
agreement (including a judicial consent decree) under
subsection (b) that has developed an integrated plan consistent
with section 402(s) may request a modification of the
administrative order or settlement agreement based on that
integrated plan.''.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator 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 on each integrated plan developed and
implemented through a permit, order, or judicial consent decree since
the date of publication of the ``Integrated Municipal Stormwater and
Wastewater Planning Approach Framework'' issued by the Environmental
Protection Agency and dated June 5, 2012, including a description of
the control measures, levels of control, estimated costs, and
compliance schedules for the requirements implemented through an
integrated plan.
SEC. 7204. GREEN INFRASTRUCTURE PROMOTION.
Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361
et seq.) is amended--
(1) by redesignating section 519 (33 U.S.C. 1251 note) as
section 520; and
(2) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE
PROMOTION.
``(a) In General.--The Administrator shall ensure that the Office
of Water, the Office of Enforcement and Compliance Assurance, the
Office of Research and Development, and the Office of Policy of the
Environmental Protection Agency promote the use of green infrastructure
in and coordinate the integration of green infrastructure into,
permitting programs, planning efforts, research, technical assistance,
and funding guidance.
``(b) Duties.--The Administrator shall ensure that the Office of
Water--
``(1) promotes the use of green infrastructure in the
programs of the Environmental Protection Agency; and
``(2) coordinates efforts to increase the use of green
infrastructure with--
``(A) other Federal departments and agencies;
``(B) State, tribal, and local governments; and
``(C) the private sector.
``(c) Regional Green Infrastructure Promotion.--The Administrator
shall direct each regional office of the Environmental Protection
Agency, as appropriate based on local factors, and consistent with the
requirements of this Act, to promote and integrate the use of green
infrastructure within the region that includes--
``(1) outreach and training regarding green infrastructure
implementation for State, tribal, and local governments, tribal
communities, and the private sector; and
``(2) the incorporation of green infrastructure into
permitting and other regulatory programs, codes, and ordinance
development, including the requirements under consent decrees
and settlement agreements in enforcement actions.
``(d) Green Infrastructure Information-sharing.--The Administrator
shall promote green infrastructure information-sharing, including
through an Internet website, to share information with, and provide
technical assistance to, State, tribal, and local governments, tribal
communities, the private sector, and the public regarding green
infrastructure approaches for--
``(1) reducing water pollution;
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.''.
SEC. 7205. FINANCIAL CAPABILITY GUIDANCE.
(a) Definitions.--In this section:
(1) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(2) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality or drinking
water improvements.
(3) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to the combined sewer overflows and sanitary sewer overflows
guidance published by the Administrator entitled ``Financial
Capability Assessment Framework'' and dated November 24, 2014.
(b) Use of Median Household Income.--The Administrator shall not
use median household income as the sole indicator of affordability for
a residential household.
(c) Revised Guidance.--
(1) In general.--Not later than 1 year after the date of
completion of the National Academy of Public Administration
study to establish a definition and framework for community
affordability required by Senate Report 114-70, accompanying S.
1645 (114th Congress), the Administrator shall revise the
guidance described in subsection (a)(3).
(2) Use of guidance.--Beginning on the date on which the
revised guidance referred to in paragraph (1) is finalized, the
Administrator shall use the revised guidance in lieu of the
guidance described in subsection (a)(3).
(d) Consideration and Consultation.--
(1) Consideration.--In revising the guidance, the
Administrator shall consider--
(A) the recommendations of the study referred to in
subsection (c) and any other relevant study, as
determined by the Administrator;
(B) local economic conditions, including site-
specific local conditions that should be taken into
consideration in analyzing financial capability;
(C) other essential community investments;
(D) potential adverse impacts on distressed
populations, including the percentage of low-income
ratepayers within the service area of a utility and
impacts in communities with disparate economic
conditions throughout the entire service area of a
utility;
(E) the degree to which rates of low-income
consumers would be affected by water infrastructure
investments and the use of rate structures to address
the rates of low-income consumers;
(F) an evaluation of an array of factors, the
relative importance of which may vary across regions
and localities; and
(G) the appropriate weight for economic, public
health, and environmental benefits associated with
improved water quality.
(2) Consultation.--Any revised guidance issued to replace
the guidance shall be developed in consultation with
stakeholders.
(e) Publication and Submission.--
(1) In general.--On completion of the revision of the
guidance, the Administrator shall publish in the Federal
Register and 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 revised
guidance.
(2) Explanation.--If the Administrator makes a
determination not to follow 1 or more recommendations of the
study referred to in subsection (c)(1), the Administrator shall
include in the publication and submission under paragraph (1)
an explanation of that decision.
(f) Effect.--Nothing in this section preempts or interferes with
any obligation to comply with any Federal law, including the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
SEC. 7206. 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. 7207. GREAT LAKES HARMFUL ALGAL BLOOM COORDINATOR.
The Administrator, acting as the chair of the Great Lakes
Interagency Task Force, shall appoint a coordinator to work with
appropriate Federal agencies and State, local, tribal, and foreign
governments to coordinate efforts to address the issue of harmful algal
blooms in the Great Lakes.
Subtitle C--Innovative Financing and Promotion of Innovative
Technologies
SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
Section 5014(c) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2201 note; Public Law 113-121) is amended by
striking ``Any activity undertaken under this section is authorized
only to the extent'' and inserting ``Nothing in this section obligates
the Secretary to expend funds unless''.
SEC. 7302. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
(a) Authority To Provide Assistance.--Section 5023(b)(2) of the
Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3902(b)(2)) is amended by striking ``carry out'' and inserting
``provide financial assistance to carry out''.
(b) Projects Eligible for Assistance.--
(1) In general.--Section 5026 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3905) is
amended--
(A) in paragraph (6)--
(i) by striking ``desalination project''
and inserting ``desalination project, including
chloride control''; and
(ii) by striking ``or a water recycling
project'' and inserting ``a water recycling
project, or a project to provide alternative
water supplies to reduce aquifer depletion'';
(B) by redesignating paragraphs (7), (8), and (9)
as paragraphs (8), (9), and (10), respectively;
(C) by inserting after paragraph (6) the following:
``(7) A project to prevent, reduce, or mitigate the effects
of drought, including projects that enhance the resilience of
drought-stricken watersheds.''; and
(D) in paragraph (10) (as redesignated by
subparagraph (B)), by striking ``or (7)'' and inserting
``(7), or (8)''.
(2) Conforming amendments.--
(A) Section 5023(b) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3902(b))
is amended--
(i) in paragraph (2), by striking ``and
(8)'' and inserting ``(7), and (9)''; and
(ii) in paragraph (3), by striking
``paragraph (7) or (9)'' and inserting
``paragraph (8) or (10)''.
(B) Section 5024(b) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3903(b))
is amended by striking ``paragraph (8) or (9)'' and
inserting ``paragraph (9) or (10)''.
(C) Section 5027(3) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3906(3))
is amended by striking ``section 5026(7)'' and
inserting ``section 5026(8)''.
(D) Section 5028 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3907) is
amended--
(i) in subsection (a)(1)(E)--
(I) by striking ``section 5026(9)''
and inserting ``section 5026(10)''; and
(II) by striking ``section
5026(8)'' and inserting ``section
5026(9)''; and
(ii) in subsection (b)(3), by striking
``section 5026(8)'' and inserting ``section
5026(9)''.
(c) Determination of Eligibility and Project Selection.--Section
5028(b)(2)(F) of the Water Infrastructure Finance and Innovation Act of
2014 (33 U.S.C. 3907(b)(2)(F)) is amended--
(1) in clause (i), by striking ``or'' at the end; and
(2) by striking clause (ii) and inserting the following:
``(ii) helps maintain or protect the
environment;
``(iii) resists hazards due to a natural
disaster;
``(iv) continues to serve the primary
function of the water resources infrastructure
project following a natural disaster;
``(v) reduces the magnitude or duration of
a disruptive event to a water resources
infrastructure project; or
``(vi) has the absorptive, adaptive, and
recoverable capacities to withstand a
potentially disruptive event.''.
(d) 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).''.
(e) Removal of Pilot Designation.--
(1) Subtitle C of title V of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3901 et seq.) is amended by
striking the subtitle designation and heading and inserting the
following:
``Subtitle C--Innovative Financing Projects''.
(2) Section 5023 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3092) is amended by striking
``pilot'' each place it appears.
(3) Section 5034 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3913) is amended by striking
the section designation and heading and inserting the
following:
``SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.''.
(4) The table of contents for the Water Resources Reform
and Development Act of 2014 (Public Law 113-121) is amended--
(A) by striking the item relating to subtitle C of
title V and inserting the following:
``Subtitle C--Innovative Financing Projects''.; and
(B) by striking the item relating to section 5034
and inserting the following:
``Sec. 5034. Reports on program implementation.''.
(f) Sense of the Senate.--It is the sense of the Senate that--
(1) appropriations made available to carry out the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3901 et seq.) should be in addition to robust funding for the
State water pollution control revolving funds established under
title VI of the Federal Water Pollution Control Act (33 U.S.C.
1381 et seq.) and State drinking water treatment revolving loan
funds established under section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12); and
(2) the appropriations made available for the funds
referred to in paragraph (1) should not decrease for any fiscal
year.
SEC. 7303. WATER INFRASTRUCTURE INVESTMENT TRUST FUND.
(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the ``Water
Infrastructure Investment Trust Fund'' (referred to in this section as
the ``Fund''), consisting of such amounts as may be appropriated to or
deposited in such fund as provided in this section.
(b) Transfers to Trust Fund.--The Secretary of the Treasury
(referred to in this section as the ``Secretary'') shall deposit in the
Fund amounts equal to the fees received before January 1, 2022, under
subsection (f)(2).
(c) Expenditures.--Amounts in the Fund, including interest earned
and advances to the Fund and proceeds from investment under subsection
(d), shall be available for expenditure, without further appropriation,
as follows:
(1) 50 percent of the amounts shall be available to the
Administrator for making capitalization grants under section
601 of the Federal Water Pollution Control Act (33 U.S.C.
1381).
(2) 50 percent of the amounts shall be available to the
Administrator for making capitalization grants under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
(d) Investment.--Amounts in the Fund shall be invested in
accordance with section 9702 of title 31, United States Code, and any
interest on, and proceeds from, any such investment shall be available
for expenditure in accordance with this section.
(e) Limitation on Expenditures.--Amounts in the Fund may not be
made available for a fiscal year under subsection (c) unless the sum of
the funds appropriated to the Clean Water State Revolving Fund and the
Safe Drinking Water State Revolving Fund through annual capitalization
grants is not less than the average of the sum of the annual amounts
provided in capitalization grants under section 601 of the Federal
Water Pollution Control Act (33 U.S.C. 1381) and section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) for the 5-fiscal-year
period immediately preceding such fiscal year.
(f) Voluntary Labeling System.--
(1) In general.--The Administrator, in consultation with
the Administrator of the Food and Drug Administration,
manufacturers, producers, and importers, shall develop and
implement a program under which the Administrator provides a
label designed in consultation with manufacturers, producers,
and importers suitable for placement on products to inform
consumers that the manufacturer, producer, or importer of the
product, and other stakeholders, participates in the Fund.
(2) Fee.--The Administrator shall provide a label for a fee
of 3 cents per unit.
(g) EPA Study on Water Pricing.--
(1) Study.--The Administrator, with participation by the
States, shall conduct a study to--
(A) assess the affordability gap faced by low-
income populations located in urban and rural areas in
obtaining services from clean water and drinking water
systems; and
(B) analyze options for programs to provide
incentives for rate adjustments at the local level to
achieve ``full cost'' or ``true value'' pricing for
such services, while protecting low-income ratepayers
from undue burden.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on the Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives a report on the results of the study.
SEC. 7304. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a public utility, including publicly owned treatment
works and clean water systems;
(2) a unit of local government, including a municipality or
a joint powers authority;
(3) a private entity, including a farmer or manufacturer;
(4) an institution of higher education;
(5) a research institution or foundation;
(6) a State;
(7) a regional organization; or
(8) a nonprofit organization.
(b) Grant Program Authorized.--The Administrator shall carry out a
grant program for purposes described in subsection (c) to accelerate
the development of innovative water technologies that address pressing
water challenges.
(c) Grants.--In carrying out the program under subsection (b), the
Administrator shall make to eligible entities grants that--
(1) finance projects to develop, deploy, test, and improve
emerging water technologies;
(2) fund entities that provide technical assistance to
deploy innovative water technologies more broadly, especially--
(A) to increase adoption of innovative water
technologies in--
(i) municipal drinking water and wastewater
treatment systems;
(ii) areas served by private wells; or
(iii) water supply systems in arid areas
that are experiencing, or have recently
experienced, prolonged drought conditions; and
(B) in a manner that reduces ratepayer or community
costs over time, including the cost of future capital
investments; or
(3) support technologies that, as determined by the
Administrator--
(A) improve water quality of a water source;
(B) improve the safety and security of a drinking
water delivery system;
(C) minimize contamination of drinking water and
drinking water sources, including contamination by
lead, bacteria, chlorides, and nitrates;
(D) improve the quality and timeliness and decrease
the cost of drinking water quality tests, especially
technologies that can be deployed within water systems
and at individual faucets to provide accurate real-time
tests of water quality, especially with respect to
lead, bacteria, and nitrate content;
(E) increase water supplies in arid areas that are
experiencing, or have recently experienced, prolonged
drought conditions;
(F) treat edge-of-field runoff to improve water
quality;
(G) treat agricultural, municipal, and industrial
wastewater;
(H) recycle or reuse water;
(I) manage urban storm water runoff;
(J) reduce sewer or stormwater overflows;
(K) conserve water;
(L) improve water quality by reducing salinity;
(M) mitigate air quality impacts associated with
declining water resources;
(N) address treatment byproduct and brine disposal
alternatives; or
(O) address urgent water quality and human health
needs.
(d) Priority Funding.--In making grants under this section, the
Administrator shall give priority to projects that have the potential--
(1) to provide substantial cost savings across a sector;
(2) to significantly improve human health or the
environment; or
(3) to provide additional water supplies with minimal
environmental impact.
(e) Cost-sharing.--The Federal share of the cost of activities
carried out using a grant made under this section shall be not more
than 65 percent.
(f) Limitation.--The maximum amount of a grant provided to a
project under this section shall be $5,000,000.
(g) Report.--Each year, the Administrator shall submit to Congress
and make publicly available on the website of the Administrator a
report that describes any advancements during the previous year in
development of innovative water technologies made as a result of
funding provided under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each fiscal
year.
(i) Funding.--Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the
Administrator to provide grants to eligible entities under this section
$10,000,000, to remain available until expended.
SEC. 7305. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Congressional Findings and Declarations.--Section 102 of the
Water Resources Research Act of 1984 (42 U.S.C. 10301) is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(2) in paragraph (8) (as so redesignated), by striking
``and'' at the end; and
(3) by inserting after paragraph (6) the following:
``(7) additional research is required to increase the
effectiveness and efficiency of new and existing treatment
works through alternative approaches, including--
``(A) nonstructural alternatives;
``(B) decentralized approaches;
``(C) water use efficiency and conservation; and
``(D) actions to reduce energy consumption or
extract energy from wastewater;''.
(b) Water Resources Research and Technology Institutes.--Section
104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B)(ii), by striking ``water-
related phenomena'' and inserting ``water resources'';
and
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and'';
(2) in subsection (c)--
(A) by striking ``From the'' and inserting the
following:
``(1) In general.--From the''; and
(B) by adding at the end the following:
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
the Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on the Budget of the House of Representatives a
report regarding the compliance of each funding recipient with
this subsection for the immediately preceding fiscal year.'';
(3) by striking subsection (e) and inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every 3
years to determine--
``(A) the quality and relevance of the water
resources research of the institute;
``(B) the effectiveness of the institute at
producing measured results and applied water supply
research; and
``(C) whether the effectiveness of the institute as
an institution for planning, conducting, and arranging
for research warrants continued support under this
section.
``(2) Prohibition on further support.--If, as a result of
an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be
provided until the qualifications of the institute are
reestablished to the satisfaction of the Secretary.'';
(4) in subsection (f)(1), by striking ``$12,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$7,500,000 for each of fiscal years 2017 through 2021''; and
(5) in subsection (g)(1), in the first sentence, by
striking ``$6,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$1,500,000 for each of fiscal years 2017
through 2021''.
SEC. 7306. 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, minimize, or offset adverse social, economic, and
environmental impacts.''; and
(2) by adding at the end the following:
``(e) Prioritization.--In carrying out this section, the Secretary
shall prioritize funding for research--
``(1) to reduce energy consumption and lower the cost of
desalination, including chloride control;
``(2) to reduce the environmental impacts of seawater
desalination and develop technology and strategies to minimize
those impacts;
``(3) to improve existing reverse osmosis and membrane
technology;
``(4) to carry out basic and applied research on next
generation desalination technologies, including improved energy
recovery systems and renewable energy-powered desalination
systems that could significantly reduce desalination costs;
``(5) to develop portable or modular desalination units
capable of providing temporary emergency water supplies for
domestic or military deployment purposes; and
``(6) to develop and promote innovative desalination
technologies, including chloride control, identified by the
Secretary.''.
(b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended by adding at the end the following:
``(c) Prioritization.--In carrying out demonstration and
development activities under this section, the Secretary shall
prioritize projects--
``(1) for the benefit of drought-stricken States and
communities;
``(2) for the benefit of States that have authorized
funding for research and development of desalination
technologies and projects;
``(3) that can reduce reliance on imported water supplies
that have an impact on species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
``(4) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel.''.
(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 the first sentence of subsection (a)--
(A) by striking ``$5,000,000'' and inserting
``$8,000,000''; and
(B) 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.''.
SEC. 7307. NATIONAL DROUGHT RESILIENCE GUIDELINES.
(a) In General.--The Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Administrator, and other
appropriate Federal agency heads along with State, local, and tribal
governments, shall jointly develop nonregulatory national drought
resilience guidelines relating to drought preparedness planning and
investments for communities, water utilities, and other water users and
providers, in a manner consistent with the Presidential Memorandum
entitled ``Building National Capabilities for Long-Term Drought
Resilience'' (81 Fed. Reg. 16053 (March 21, 2016)).
(b) Consultation.--In developing the national drought resilience
guidelines, the Administrator and other Federal agency heads referred
to in subsection (a) shall consult with--
(1) State and local governments;
(2) water utilities;
(3) scientists;
(4) institutions of higher education;
(5) relevant private entities; and
(6) other stakeholders.
(c) Contents.--The national drought resilience guidelines developed
under this section shall, to the maximum extent practicable, provide
recommendations for a period of 10 years that--
(1) address a broad range of potential actions, including--
(A) analysis of the impacts of the changing
frequency and duration of drought on the future
effectiveness of water management tools;
(B) the identification of drought-related water
management challenges in a broad range of fields,
including--
(i) public health and safety;
(ii) municipal and industrial water supply;
(iii) agricultural water supply;
(iv) water quality;
(v) ecosystem health; and
(vi) water supply planning;
(C) water management tools to reduce drought-
related impacts, including--
(i) water use efficiency through gallons
per capita reduction goals, appliance
efficiency standards, water pricing incentives,
and other measures;
(ii) water recycling;
(iii) groundwater clean-up and storage;
(iv) new technologies, such as behavioral
water efficiency; and
(v) stormwater capture and reuse;
(D) water-related energy and greenhouse gas
reduction strategies; and
(E) public education and engagement; and
(2) include recommendations relating to the processes that
Federal, State, and local governments and water utilities
should consider when developing drought resilience preparedness
and plans, including--
(A) the establishment of planning goals;
(B) the evaluation of institutional capacity;
(C) the assessment of drought-related risks and
vulnerabilities, including the integration of climate-
related impacts;
(D) the establishment of a development process,
including an evaluation of the cost-effectiveness of
potential strategies;
(E) the inclusion of private entities, technical
advisors, and other stakeholders in the development
process;
(F) implementation and financing issues; and
(G) evaluation of the plan, including any updates
to the plan.
SEC. 7308. INNOVATION IN STATE WATER POLLUTION CONTROL REVOLVING LOAN
FUNDS.
(a) In General.--Subsection (j)(1)(B) (as redesignated by section
7202(b)(1)(A)(ii)) of section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(v) to encourage the use of innovative
water technologies related to any of the issues
identified in clauses (i) through (iv) or, as
determined by the State, any other eligible
project and activity eligible for assistance
under subsection (c)''.
(b) Innovative Water Technologies.--Section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1383) (as amended by section
7202(b)(1)) is amended by adding at the end the following:
``(k) Technical Assistance.--The Administrator may provide
technical assistance to facilitate and encourage the provision of
financial assistance for innovative water technologies.
``(l) Report.--Not later than 1 year after the date of enactment of
the Water Resources Development Act of 2016, and not less frequently
than every 5 years thereafter, the Administrator shall submit to
Congress a report that describes--
``(1) the amount of financial assistance provided by State
water pollution control revolving funds 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 emerging technologies.''.
SEC. 7309. INNOVATION IN DRINKING WATER STATE REVOLVING LOAN FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) (as
amended by section 7105) is amended--
(1) in subsection (d)--
(A) by striking the heading and inserting
``Additional Assistance.--'';
(B) in paragraph (1)--
(i) by striking ``Notwithstanding'' and
inserting the following:
``(A) In general.--Notwithstanding''; and
(ii) by adding at the end the following:
``(B) Innovative water technology.--Notwithstanding
any other provision of this section, in the case of a
State that makes a loan under subsection (a)(2) to
carry out an eligible activity through the use of an
innovative water technology (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), the State may provide additional
subsidization, including forgiveness of principal that
is not more than 50 percent of the cost of the portion
of the project associated with the innovative
technology.'';
(C) in paragraph (2)--
(i) by striking ``For each fiscal year''
and inserting the following:
``(A) In general.--For each fiscal year''; and
(ii) by adding at the end the following:
``(B) Innovative water technology.--For each fiscal
year, not more than 20 percent of the loan subsidies
that may be made by a State under paragraph (1) may be
used to provide additional subsidization under
subparagraph (B) of that paragraph.''; and
(D) in paragraph (3), in the first sentence, by
inserting ``, or portion of a service area,'' after
``service area''; and
(2) by adding at the end the following:
``(t) Technical Assistance.--The Administrator may provide
technical assistance to facilitate and encourage the provision of
financial assistance for the deployment of innovative water
technologies.
``(u) Report.--Not later than 1 year after the date of enactment of
the Water Resources Development Act of 2016, and not less frequently
than every 5 years thereafter, the Administrator shall submit to
Congress a report that describes--
``(1) the amount of financial assistance provided by State
loan funds 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 emerging technologies.''.
Subtitle D--Drinking Water Disaster Relief and Infrastructure
Investments
SEC. 7401. 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 a public drinking water supply system.
(2) Eligible system.--The term ``eligible system'' means a
public drinking water supply system that has been the subject
of an emergency declaration referred to in paragraph (1).
(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 that Act (42 U.S.C. 300f et seq.),
including forgiveness of principal under section
1452(d)(1) of that Act (42 U.S.C. 300j-12(d)(1)).
(2) Authorization.--
(A) In general.--Using funds provided under
subsection (e)(1)(A), 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 public and private drinking water
infrastructure.
(B) Inclusion.--Assistance provided under
subparagraph (A) may include additional subsidization
under the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), 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) 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 under subsection (e)(1)(A);
or
(B) any other loan provided to an eligible system.
(c) Water Infrastructure Financing.--
(1) Secured loans.--
(A) In general.--Using funds provided under
subsection (e)(2)(A), the Administrator may make a
secured loan under the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) to--
(i) an eligible State to carry out a
project eligible under paragraphs (2) through
(9) of section 5026 of that Act (33 U.S.C.
3905) to address lead or other contaminants in
drinking water in an eligible system, including
repair and replacement of public and private
drinking water infrastructure; and
(ii) any eligible entity under section 5025
of that Act (33 U.S.C. 3904) for a project
eligible under paragraphs (2) through (9) of
section 5026 of that Act (33 U.S.C. 3905).
(B) Amount.--Notwithstanding section 5029(b)(2) of
the Water Infrastructure Finance and Innovation Act of
2014 (33 U.S.C. 3908(b)(2)), the amount of a secured
loan provided under subparagraph (A)(i) may be equal to
not more than 80 percent of the reasonably anticipated
costs of the projects.
(2) Federal involvement.--Notwithstanding section
5029(b)(9) of the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project to
address lead or other contaminants in drinking water in an
eligible system that are not covered by a secured loan under
paragraph (1) may be covered using amounts in the State
revolving loan fund under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12).
(d) 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.
(e) Funding.--
(1) Additional drinking water state revolving fund
capitalization grants.--
(A) In general.--The Secretary of the Treasury
shall make available to the Administrator a total of
$100,000,000 to provide additional 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
subparagraph (C).
(B) Supplemented intended use plans.--From funds
made available under subparagraph (A), the
Administrator shall obligate to an eligible State such
amounts as are necessary to meet the needs identified
in a supplemented intended use plan 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--
(i) a description of the project;
(ii) an explanation of the means by which
the project will address a situation causing a
declared emergency in the eligible State;
(iii) the estimated cost of the project;
and
(iv) the projected start date for
construction of the project.
(C) Unobligated amounts.--Of any amounts made
available to the Administrator under subparagraph (A)
that are unobligated on the date that is 18 months
after the date on which the amounts are made
available--
(i) 50 percent shall be available to
provide additional grants under section 1459A
of the Safe Drinking Water Act (as added by
section 7106); and
(ii) 50 percent shall be available to
provide additional grants under section 1459B
of the Safe Drinking Water Act (as added by
section 7107).
(D) Applicability.--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
subparagraph (B).
(2) WIFIA funding.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of the
Treasury shall make available to the Administrator
$70,000,000 to provide credit subsidies, in
consultation with the Director of the Office of
Management and Budget, for secured loans under
subsection (c)(1)(A) with a goal of providing secured
loans totaling at least $700,000,000.
(B) Use.--Secured loans provided pursuant to
subparagraph (A) shall be available to carry out
activities described in subsection (c)(1)(A).
(C) Exclusion.--Of the amounts made available under
subparagraph (A), $20,000,000 shall not be used to
provide 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) Applicability.--Unless explicitly waived, all
requirements under the Safe Drinking Water Act (42 U.S.C. 300f
et seq.) and the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3901 et seq.) shall apply to funding
provided under this subsection.
(f) Health Effects Evaluation.--
(1) In general.--Pursuant to section 104(i)(1)(E) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (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 (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).
SEC. 7402. LOAN FORGIVENESS.
The matter under the heading ``State and Tribal Assistance Grants''
under the heading ``ENVIRONMENTAL PROTECTION AGENCY'' in title II of
division G of the Consolidated Appropriations Act, 2016 (Public Law
114-113), is amended in paragraph (1), by striking the semicolon at the
end and inserting the following: ``or, if a Federal or State emergency
declaration has been issued due to a threat to public health from
heightened exposure to lead in a municipal drinking water supply,
before the date of enactment of this Act: Provided further, That in a
State in which such an emergency declaration has been issued, the State
may use more than 20 percent of the funds made available under this
title to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients;''.
SEC. 7403. 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 another
relevant agency 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 an
Advisory Committee in coordination with the Director of
the Centers for Disease Control and Prevention and
other relevant agencies as determined by the Secretary
consisting of Federal members and non-Federal members,
and which shall include--
(i) an epidemiologist;
(ii) a toxicologist;
(iii) a mental health professional;
(iv) a pediatrician;
(v) an early childhood education expert;
(vi) a special education expert;
(vii) a dietician; and
(viii) an environmental health expert.
(B) Requirements.--Membership in the Committee
shall not exceed 15 members and not less than \1/2\ of
the members shall be Federal members.
(2) Chair.--The Secretary shall designate a chair from
among the Federal members appointed to the Committee.
(3) Terms.--Members of the Committee shall serve for a term
of not more than 3 years and the Secretary may reappoint
members for consecutive terms.
(4) Application of faca.--The Committee shall be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(5) Responsibilities.--The Committee shall, at a minimum--
(A) review the Federal programs and services
available to individuals and communities exposed to
lead;
(B) review current research on lead poisoning to
identify additional research needs;
(C) review and identify best practices, or the need
for best practices, regarding lead screening and the
prevention of lead poisoning;
(D) identify effective services, including services
relating to healthcare, education, and nutrition for
individuals and communities affected by lead exposure
and lead poisoning, including in consultation with, as
appropriate, the lead exposure registry as established
in subsection (b); and
(E) undertake any other review or activities that
the Secretary determines to be appropriate.
(6) Report.--Annually for 5 years and thereafter as
determined necessary by the Secretary or as required by
Congress, the Committee shall submit to the Secretary, the
Committees on Finance, Health, Education, Labor, and Pensions,
and Agriculture, Nutrition, and Forestry of the Senate and the
Committees on Education and the Workforce, Energy and Commerce,
and Agriculture of the House of Representatives a report that
includes--
(A) an evaluation of the effectiveness of the
Federal programs and services available to individuals
and communities exposed to lead;
(B) an evaluation of additional lead poisoning
research needs;
(C) an assessment of any effective screening
methods or best practices used or developed to prevent
or screen for lead poisoning;
(D) input and recommendations for improved access
to effective services relating to healthcare,
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) Mandatory Funding.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary, to
be available during the period of fiscal years 2016 through
2020--
(A) $17,500,000 to carry out subsection (b); and
(B) $2,500,000 to carry out subsection (c).
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
subsections (b) and (c) the funds transferred under
subparagraphs (A) and (B) of paragraph (1), respectively,
without further appropriation.
SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH PROGRAMS.
(a) Childhood Lead Poisoning Prevention Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Director of the
Centers for Disease Control and Prevention, to be available
during the period of fiscal years 2017 and 2018, $10,000,000
for the childhood lead poisoning prevention program authorized
under section 317A of the Public Health Service Act (42 U.S.C.
247b-1).
(2) Receipt and acceptance.--The Director of the Centers
for Disease Control and Prevention shall be entitled to
receive, shall accept, and shall use to carry out the childhood
lead poisoning prevention program authorized under section 317A
of the Public Health Service Act (42 U.S.C. 247b-1) the funds
transferred under paragraph (1), without further appropriation.
(b) Healthy Homes Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
Housing and Urban Development, to be available during the
period of fiscal years 2017 and 2018, $10,000,000 to carry out
the Healthy Homes Initiative of the Department of Housing and
Urban Development.
(2) Receipt and acceptance.--The Secretary of Housing and
Urban Development shall be entitled to receive, shall accept,
and shall use to carry out the Healthy Homes Initiative of the
Department of Housing and Urban Development the funds
transferred under paragraph (1), without further appropriation.
(c) Healthy Start Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Administrator
of the Health Resources and Services Administration, to be
available during the period of fiscal years 2017 and 2018,
$10,000,000 to carry out the Healthy Start Initiative under
section 330H of the Public Health Service Act (42 U.S.C. 254c-
8).
(2) Receipt and acceptance.--The Administrator of the
Health Resources and Services Administration shall be entitled
to receive, shall accept, and shall use to carry out the
Healthy Start Initiative under section 330H of the Public
Health Service Act (42 U.S.C. 254c-8) the funds transferred
under paragraph (1), without further appropriation.
SEC. 7405. REVIEW AND REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General and the Inspector General of the
Environmental Protection Agency shall submit to the Committees on
Appropriations, Environment and Public Works, and Homeland Security and
Governmental Affairs of the Senate and the Committees on
Appropriations, Energy and Commerce, Transportation and Infrastructure,
and Oversight and Government Reform of the House of Representatives a
report on the status of any ongoing investigations into the Federal and
State response to the contamination of the drinking water supply of the
City of Flint, Michigan.
(b) Review.--Not later than 30 days after the completion of the
investigations described in subsection (a), the Comptroller General of
the United States shall commence a review of issues that are not
addressed by the investigations and relating to--
(1) the adequacy of the response by the State of Michigan
and the City of Flint to the drinking water crisis in Flint,
Michigan, including the timeliness and transparency of the
response, as well as the capacity of the State and City to
manage the drinking water system; and
(2) the adequacy of the response by Region 5 of the
Environmental Protection Agency to the drinking water crisis in
Flint, Michigan, including the timeliness and transparency of
the response.
(c) Contents of Report.--Not later than 1 year after commencing
each review under subsection (b), the Comptroller General of the United
States shall submit to Congress a report that includes--
(1) a statement of the principal findings of the review;
and
(2) recommendations for Congress and the President to take
any actions to prevent a similar situation in the future and to
protect public health.
Subtitle E--Report on Groundwater Contamination
SEC. 7501. DEFINITIONS.
In this subtitle:
(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. 7502. REPORT ON GROUNDWATER CONTAMINATION.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary of the Navy shall submit to Congress
a report 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.
Subtitle F--Restoration
PART I--GREAT LAKES RESTORATION
SEC. 7611. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by striking paragraph (7) and inserting the
following:
``(7) Great lakes restoration initiative.--
``(A) Establishment.--There is established in the
Agency a Great Lakes Restoration Initiative (referred
to in this paragraph as the `Initiative') to carry out
programs and projects for Great Lakes protection and
restoration.
``(B) Focus areas.--Each fiscal year under a 5-year
Initiative Action Plan, the Initiative shall prioritize
programs and projects, carried out in coordination with
non-Federal partners, that address priority areas, such
as--
``(i) the remediation of toxic substances
and areas of concern;
``(ii) the prevention and control of
invasive species and the impacts of invasive
species;
``(iii) the protection and restoration of
nearshore health and the prevention and
mitigation of nonpoint source pollution;
``(iv) habitat and wildlife protection and
restoration, including wetlands restoration and
preservation; and
``(v) accountability, monitoring,
evaluation, communication, and partnership
activities.
``(C) Projects.--Under the Initiative, the Agency
shall collaborate with Federal partners, including the
Great Lakes Interagency Task Force, 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 Great Lakes Action Plan and the
Great Lakes Water Quality Agreement;
``(ii) the feasibility of--
``(I) prompt implementation;
``(II) timely achievement of
results; and
``(III) resource leveraging; and
``(iii) the opportunity to improve
interagency and inter-organizational
coordination and collaboration to reduce
duplication and streamline efforts.
``(D) Implementation of projects.--
``(i) In general.--Subject to subparagraph
(G)(ii), funds made available to carry out the
Initiative shall be used to strategically
implement--
``(I) Federal projects; and
``(II) projects carried out in
coordination with States, Indian
tribes, municipalities, institutions of
higher education, and other
organizations.
``(ii) Transfer of funds.--With amounts
made available for the Initiative each fiscal
year, the Administrator may--
``(I) transfer not more than
$300,000,000 to the head of any Federal
department or agency, with the
concurrence of the department or agency
head, to carry out activities to
support the Initiative and the Great
Lakes Water Quality Agreement;
``(II) enter into an interagency
agreement with the head of any Federal
department or agency to carry out
activities described in subclause (I);
and
``(III) make grants to governmental
entities, nonprofit organizations,
institutions, and individuals for
planning, research, monitoring,
outreach, and implementation of
projects in furtherance of the
Initiative and the Great Lakes Water
Quality Agreement.
``(E) Scope.--
``(i) In general.--Projects shall be
carried out under the Initiative on multiple
levels, including--
``(I) Great Lakes-wide; and
``(II) 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 amounts are made
available from--
``(I) a State water pollution
control revolving fund established
under title VI; or
``(II) a State drinking water
revolving loan fund established under
section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12).
``(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 and the Great Lakes Water Quality
Agreement.
``(G) 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. 7612. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE RESTORATION
ACT OF 1990.
(a) References.--Except as otherwise expressly provided, wherever
in this section an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Great Lakes Fish and
Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.).
(b) Findings.--The Act is amended by striking section 1002 and
inserting the following:
``SEC. 1002. FINDINGS.
``Congress finds that--
``(1) the Great Lakes have fish and wildlife communities
that are structurally and functionally changing;
``(2) successful fish and wildlife management focuses on
the lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
``(3) it is in the national interest to undertake
activities in the Great Lakes Basin that support sustainable
fish and wildlife resources of common concern provided under
the Great Lakes Restoration Initiative Action Plan based on the
recommendations of the Great Lakes Regional Collaboration
authorized under Executive Order 13340 (69 Fed. Reg. 29043;
relating to the Great Lakes Interagency Task Force);
``(4) 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;
``(5) as of the date of enactment of this Act, actions are
not funded that are considered essential to meet the goals and
objectives in managing the fish and wildlife resources, and the
habitats on which the resources depend, in the Great Lakes
Basin; and
``(6) this Act allows Federal agencies, States, and Indian
tribes to work in an effective partnership by providing the
funding for restoration work.''.
(c) Identification, Review, and Implementation of Proposals and
Regional Projects.--
(1) Requirements for proposals and regional projects.--
Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(vii) the strategic action plan of the
Great Lakes Restoration Initiative; and
``(viii) each applicable State wildlife
action plan.''.
(2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C.
941c(c)(2)(C)) is amended by striking ``Great Lakes Coordinator
of the''.
(3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is
amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraphs (2) and (4), not less than 25
percent of the cost of implementing a
proposal'' and inserting the following:
``(A) Non-federal share.--Except as provided in
paragraphs (3) and (5) and subject to paragraph (2),
not less than 25 percent of the cost of implementing a
proposal or regional project''; and
(ii) by adding at the end the following:
``(B) Time period for providing match.--The non-
Federal share of the cost of implementing a proposal or
regional project required under subparagraph (A) may be
provided at any time during the 2-year period preceding
January 1 of the year in which the Director receives
the application for the proposal or regional
project.'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(2) Authorized sources of non-federal share.--
``(A) In general.--The Director may determine the
non-Federal share under paragraph (1) by taking into
account--
``(i) the appraised value of land or a
conservation easement as described in
subparagraph (B); or
``(ii) as described in subparagraph (C),
the costs associated with--
``(I) land acquisition or securing
a conservation easement; and
``(II) restoration or enhancement
of that land or conservation easement.
``(B) Appraisal of land or conservation easement.--
``(i) In general.--The value of land or 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 land or 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 land or a conservation easement
described in clause (i)--
``(I) the appraisal valuation date
shall be not later than 1 year after
the price of the land or 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 land acquisition or securing
conservation easement.--
``(i) In general.--All costs associated
with land acquisition or securing a
conservation easement and restoration or
enhancement of that land or conservation
easement may be used to satisfy the non-Federal
share of the cost of implementing a proposal or
regional project required under paragraph
(1)(A) if the activities and expenses
associated with the land acquisition or
securing the conservation easement and
restoration or enhancement of that land or
conservation easement meet the requirements of
subparagraph (B)(i).
``(ii) Inclusion.--The costs referred to in
clause (i) may include cash, in-kind
contributions, and indirect costs.
``(iii) Exclusion.--The costs referred to
in clause (i) may not be costs associated with
mitigation or litigation (other than costs
associated with the Natural Resource Damage
Assessment program).''.
(d) Establishment of Offices.--Section 1007 (16 U.S.C. 941e) is
amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Fishery Resources'' and inserting ``Fish and Wildlife
Conservation''; and
(B) by striking ``Fishery Resources'' each place it
appears and inserting ``Fish and Wildlife
Conservation'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Fishery Resources'' and inserting ``Fish and Wildlife
Conservation''; and
(B) by striking ``Fishery Resources'' each place it
appears and inserting ``Fish and Wildlife
Conservation'';
(3) by striking subsection (a); and
(4) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(e) Reports.--Section 1008 (16 U.S.C. 941f) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2011'' and inserting ``2021'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2007 through 2012'' and inserting ``2016
through 2020''; and
(B) in paragraph (5), by inserting ``the Great
Lakes Restoration Initiative Action Plan based on''
after ``in support of''; and
(3) by striking subsection (c) and inserting the following:
``(c) Continued Monitoring and Assessment of Study Findings and
Recommendations.--The Director--
``(1) shall continue to monitor the status, and the
assessment, management, and restoration needs, of the fish and
wildlife resources of the Great Lakes Basin; and
``(2) may reassess and update, as necessary, the findings
and recommendations of the Report.''.
(f) Authorization of Appropriations.--Section 1009 (16 U.S.C. 941g)
is amended--
(1) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2021'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``$14,000,000'' and inserting ``$6,000,000'';
(B) in subparagraph (A), by striking ``$4,600,000''
and inserting ``$2,000,000''; and
(C) in subparagraph (B), by striking ``$700,000''
and inserting ``$300,000''; and
(3) in paragraph (2), by striking ``the activities of'' and
all that follows through ``section 1007'' and inserting ``the
activities of the Upper Great Lakes Fish and Wildlife
Conservation Offices and the Lower Great Lakes Fish and
Wildlife Conservation Office under section 1007''.
(g) 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.
PART II--LAKE TAHOE RESTORATION
SEC. 7621. FINDINGS AND PURPOSES.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 2 and inserting the following:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) Lake Tahoe--
``(A) is one of the largest, deepest, and clearest
lakes in the world;
``(B) has a cobalt blue color, a biologically
diverse alpine setting, and remarkable water clarity;
and
``(C) is recognized nationally and worldwide as a
natural resource of special significance;
``(2) in addition to being a scenic and ecological
treasure, the Lake Tahoe Basin is one of the outstanding
recreational resources of the United States, which--
``(A) offers skiing, water sports, biking, camping,
and hiking to millions of visitors each year; and
``(B) contributes significantly to the economies of
California, Nevada, and the United States;
``(3) the economy in the Lake Tahoe Basin is dependent on
the conservation and restoration of the natural beauty and
recreation opportunities in the area;
``(4) the ecological health of the Lake Tahoe Basin
continues to be challenged by the impacts of land use and
transportation patterns developed in the last century;
``(5) the alteration of wetland, wet meadows, and stream
zone habitat have compromised the capacity of the watershed to
filter sediment, nutrients, and pollutants before reaching Lake
Tahoe;
``(6) forests in the Lake Tahoe Basin suffer from over a
century of fire damage and periodic drought, which have
resulted in--
``(A) high tree density and mortality;
``(B) the loss of biological diversity; and
``(C) a large quantity of combustible forest fuels,
which significantly increases the threat of
catastrophic fire and insect infestation;
``(7) the establishment of several aquatic and terrestrial
invasive species (including perennial pepperweed, milfoil, and
Asian clam) threatens the ecosystem of the Lake Tahoe Basin;
``(8) there is an ongoing threat to the economy and
ecosystem of the Lake Tahoe Basin of the introduction and
establishment of other invasive species (such as yellow
starthistle, New Zealand mud snail, Zebra mussel, and quagga
mussel);
``(9) 78 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it a
Federal responsibility to restore ecological health to the Lake
Tahoe Basin;
``(10) the Federal Government has a long history of
environmental stewardship at Lake Tahoe, including--
``(A) congressional consent to the establishment of
the Planning Agency with--
``(i) the enactment in 1969 of Public Law
91-148 (83 Stat. 360); and
``(ii) the enactment in 1980 of Public Law
96-551 (94 Stat. 3233);
``(B) the establishment of the Lake Tahoe Basin
Management Unit in 1973;
``(C) the enactment of Public Law 96-586 (94 Stat.
3381) in 1980 to provide for the acquisition of
environmentally sensitive land and erosion control
grants in the Lake Tahoe Basin;
``(D) the enactment of sections 341 and 342 of the
Department of the Interior and Related Agencies
Appropriations Act, 2004 (Public Law 108-108; 117 Stat.
1317), which amended the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat.
2346) to provide payments for the environmental
restoration programs under this Act; and
``(E) the enactment of section 382 of the Tax
Relief and Health Care Act of 2006 (Public Law 109-432;
120 Stat. 3045), which amended the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263;
112 Stat. 2346) to authorize development and
implementation of a comprehensive 10-year hazardous
fuels and fire prevention plan for the Lake Tahoe
Basin;
``(11) the Assistant Secretary was an original signatory in
1997 to the Agreement of Federal Departments on Protection of
the Environment and Economic Health of the Lake Tahoe Basin;
``(12) the Chief of Engineers, under direction from the
Assistant Secretary, has continued to be a significant
contributor to Lake Tahoe Basin restoration, including--
``(A) stream and wetland restoration; and
``(B) programmatic technical assistance;
``(13) at the Lake Tahoe Presidential Forum in 1997, the
President renewed the commitment of the Federal Government to
Lake Tahoe by--
``(A) committing to increased Federal resources for
ecological restoration at Lake Tahoe; and
``(B) establishing the Federal Interagency
Partnership and Federal Advisory Committee to consult
on natural resources issues concerning the Lake Tahoe
Basin;
``(14) at the 2011 and 2012 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Heller, Senator Ensign,
Governor Gibbons, Governor Sandoval, and Governor Brown--
``(A) renewed their commitment to Lake Tahoe; and
``(B) expressed their desire to fund the Federal
and State shares of the Environmental Improvement
Program through 2022;
``(15) since 1997, the Federal Government, the States of
California and Nevada, units of local government, and the
private sector have contributed more than $1,955,500,000 to the
Lake Tahoe Basin, including--
``(A) $635,400,000 from the Federal Government;
``(B) $758,600,000 from the State of California;
``(C) $123,700,000 from the State of Nevada;
``(D) $98,900,000 from units of local government;
and
``(E) $338,900,000 from private interests;
``(16) significant additional investment from Federal,
State, local, and private sources is necessary--
``(A) to restore and sustain the ecological health
of the Lake Tahoe Basin;
``(B) to adapt to the impacts of fluctuating water
temperature and precipitation; and
``(C) to prevent the introduction and establishment
of invasive species in the Lake Tahoe Basin; and
``(17) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least $10,000,000
annually for the Fire Risk Reduction and Forest Management
Program.
``(b) Purposes.--The purposes of this Act are--
``(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife Service, and
the Administrator, in cooperation with the Planning Agency and
the States of California and Nevada, to fund, plan, and
implement significant new environmental restoration activities
and forest management activities in the Lake Tahoe Basin;
``(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together to
manage land in the Lake Tahoe Basin;
``(3) to support local governments in efforts related to
environmental restoration, stormwater pollution control, fire
risk reduction, and forest management activities; and
``(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
``(A) to develop and implement a plan for
integrated monitoring, assessment, and applied research
to evaluate the effectiveness of the Environmental
Improvement Program; and
``(B) to provide objective information as a basis
for ongoing decisionmaking, with an emphasis on
decisionmaking relating to resource management in the
Lake Tahoe Basin.''.
SEC. 7622. DEFINITIONS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 3 and inserting the following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(3) Chair.--The term `Chair' means the Chair of the
Federal Partnership.
``(4) Compact.--The term `Compact' means the Tahoe Regional
Planning Compact included in the first section of Public Law
96-551 (94 Stat. 3233).
``(5) Directors.--The term `Directors' means--
``(A) the Director of the United States Fish and
Wildlife Service; and
``(B) the Director of the United States Geological
Survey.
``(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
``(A) the Environmental Improvement Program adopted
by the Planning Agency; and
``(B) any amendments to the Program.
``(7) Environmental threshold carrying capacity.--The term
`environmental threshold carrying capacity' has the meaning
given the term in Article II of the Compact.
``(8) Federal partnership.--The term `Federal Partnership'
means the Lake Tahoe Federal Interagency Partnership
established by Executive Order 13057 (62 Fed. Reg. 41249) (or a
successor Executive order).
``(9) Forest management activity.--The term `forest
management activity' includes--
``(A) prescribed burning for ecosystem health and
hazardous fuels reduction;
``(B) mechanical and minimum tool treatment;
``(C) stream environment zone restoration and other
watershed and wildlife habitat enhancements;
``(D) nonnative invasive species management; and
``(E) other activities consistent with Forest
Service practices, as the Secretary determines to be
appropriate.
``(10) Maps.--The term `Maps' means the maps--
``(A) entitled--
``(i) `LTRA USFS-CA Land Exchange/North
Shore';
``(ii) `LTRA USFS-CA Land Exchange/West
Shore'; and
``(iii) `LTRA USFS-CA Land Exchange/South
Shore'; and
``(B) dated January 4, 2016, and on file and
available for public inspection in the appropriate
offices of--
``(i) the Forest Service;
``(ii) the California Tahoe Conservancy;
and
``(iii) the California Department of Parks
and Recreation.
``(11) National wildland fire code.--The term `national
wildland fire code' means--
``(A) the most recent publication of the National
Fire Protection Association codes numbered 1141, 1142,
1143, and 1144;
``(B) the most recent publication of the
International Wildland-Urban Interface Code of the
International Code Council; or
``(C) any other code that the Secretary determines
provides the same, or better, standards for protection
against wildland fire as a code described in
subparagraph (A) or (B).
``(12) Planning agency.--The term `Planning Agency' means
the Tahoe Regional Planning Agency established under Public Law
91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
``(13) Priority list.--The term `Priority List' means the
environmental restoration priority list developed under section
5(b).
``(14) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to the
presence of surface water or groundwater.
``(16) Total maximum daily load.--The term `total maximum
daily load' means the total maximum daily load allocations
adopted under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)).
``(17) Watercraft.--The term `watercraft' means motorized
and non-motorized watercraft, including boats, seaplanes,
personal watercraft, kayaks, and canoes.''.
SEC. 7623. IMPROVED ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT
UNIT.
Section 4 of the Lake Tahoe Restoration Act (Public Law 106-506;
114 Stat. 2353) is amended--
(1) in subsection (b)(3), by striking ``basin'' and
inserting ``Basin''; and
(2) by adding at the end the following:
``(c) Forest Management Activities.--
``(1) Coordination.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall, as appropriate, coordinate with the
Administrator and State and local agencies and
organizations, including local fire departments and
volunteer groups.
``(B) Goals.--The coordination of activities under
subparagraph (A) should aim to increase efficiencies
and maximize the compatibility of management practices
across public property boundaries.
``(2) Multiple benefits.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall conduct the activities in a manner
that--
``(i) except as provided in subparagraph
(B), attains multiple ecosystem benefits,
including--
``(I) reducing forest fuels;
``(II) maintaining biological
diversity;
``(III) improving wetland and water
quality, including in Stream
Environment Zones; and
``(IV) increasing resilience to
changing water temperature and
precipitation; and
``(ii) helps achieve and maintain the
environmental threshold carrying capacities
established by the Planning Agency.
``(B) Exception.--Notwithstanding subparagraph
(A)(i), the attainment of multiple ecosystem benefits
shall not be required if the Secretary determines that
management for multiple ecosystem benefits would
excessively increase the cost of a program in relation
to the additional ecosystem benefits gained from the
management activity.
``(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land and
resource management plan direction, the Secretary shall--
``(A) establish post-program ground condition
criteria for ground disturbance caused by forest
management activities; and
``(B) provide for monitoring to ascertain the
attainment of the post-program conditions.
``(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.''.
SEC. 7624. AUTHORIZED PROGRAMS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 5 and inserting the following:
``SEC. 5. AUTHORIZED PROGRAMS.
``(a) In General.--The Secretary, the Assistant Secretary, the
Directors, and the Administrator, in coordination with the Planning
Agency and the States of California and Nevada, may carry out or
provide financial assistance to any program that--
``(1) is described in subsection (d);
``(2) is included in the Priority List under subsection
(b); and
``(3) furthers the purposes of the Environmental
Improvement Program if the program has been subject to
environmental review and approval, respectively, as required
under Federal law, Article VII of the Compact, and State law,
as applicable.
``(b) Priority List.--
``(1) Deadline.--Not later than March 15 of the year after
the date of enactment of the Water Resources Development Act of
2016, the Chair, in consultation with the Secretary, the
Administrator, the Directors, the Planning Agency, the States
of California and Nevada, the Federal Partnership, the Washoe
Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe
Science Consortium (or a successor organization) shall submit
to Congress a prioritized Environmental Improvement Program
list for the Lake Tahoe Basin for the program categories
described in subsection (d).
``(2) Criteria.--The ranking of the Priority List shall be
based on the best available science and the following criteria:
``(A) The 4-year threshold carrying capacity
evaluation.
``(B) The ability to measure progress or success of
the program.
``(C) The potential to significantly contribute to
the achievement and maintenance of the environmental
threshold carrying capacities identified in Article II
of the Compact.
``(D) The ability of a program to provide multiple
benefits.
``(E) The ability of a program to leverage non-
Federal contributions.
``(F) Stakeholder support for the program.
``(G) The justification of Federal interest.
``(H) Agency priority.
``(I) Agency capacity.
``(J) Cost-effectiveness.
``(K) Federal funding history.
``(3) Revisions.--The Priority List submitted under
paragraph (1) shall be revised every 2 years.
``(4) Funding.--Of the amounts made available under section
10(a), $80,000,000 shall be made available to the Secretary to
carry out projects listed on the Priority List.
``(c) Restriction.--The Administrator shall use not more than 3
percent of the funds provided under subsection (a) for administering
the programs described in paragraphs (1) and (2) of subsection (d).
``(d) Description of Activities.--
``(1) Fire risk reduction and forest management.--
``(A) In general.--Of the amounts made available
under section 10(a), $150,000,000 shall be made
available to the Secretary to carry out, including by
making grants, the following programs:
``(i) Programs identified as part of the
Lake Tahoe Basin Multi-Jurisdictional Fuel
Reduction and Wildfire Prevention Strategy 10-
Year Plan.
``(ii) Competitive grants for fuels work to
be awarded by the Secretary to communities that
have adopted national wildland fire codes to
implement the applicable portion of the 10-year
plan described in clause (i).
``(iii) Biomass programs, including
feasibility assessments.
``(iv) Angora Fire Restoration under the
jurisdiction of the Secretary.
``(v) Washoe Tribe programs on tribal lands
within the Lake Tahoe Basin.
``(vi) Development of an updated Lake Tahoe
Basin multijurisdictional fuel reduction and
wildfire prevention strategy, consistent with
section 4(c).
``(vii) Development of updated community
wildfire protection plans by local fire
districts.
``(viii) Municipal water infrastructure
that significantly improves the firefighting
capability of local government within the Lake
Tahoe Basin.
``(ix) Stewardship end result contracting
projects carried out under section 604 of the
Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c).
``(B) Minimum allocation.--Of the amounts made
available to the Secretary to carry out subparagraph
(A), at least $100,000,000 shall be used by the
Secretary for programs under subparagraph (A)(i).
``(C) Priority.--Units of local government that
have dedicated funding for inspections and enforcement
of defensible space regulations shall be given priority
for amounts provided under this paragraph.
``(D) Cost-sharing requirements.--
``(i) In general.--As a condition on the
receipt of funds, communities or local fire
districts that receive funds under this
paragraph shall provide a 25-percent match.
``(ii) Form of non-federal share.--
``(I) In general.--The non-Federal
share required under clause (i) may be
in the form of cash contributions or
in-kind contributions, including
providing labor, equipment, supplies,
space, and other operational needs.
``(II) Credit for certain dedicated
funding.--There shall be credited
toward the non-Federal share required
under clause (i) any dedicated funding
of the communities or local fire
districts for a fuels reduction
management program, defensible space
inspections, or dooryard chipping.
``(III) Documentation.--Communities
and local fire districts shall--
``(aa) maintain a record of
in-kind contributions that
describes--
``(AA) the monetary
value of the in-kind
contributions; and
``(BB) the manner
in which the in-kind
contributions assist in
accomplishing program
goals and objectives;
and
``(bb) document in all
requests for Federal funding,
and include in the total
program budget, evidence of the
commitment to provide the non-
Federal share through in-kind
contributions.
``(2) Invasive species management.--
``(A) In general.--Of the amounts made available
under section 10(a), $45,000,000 shall be made
available to the Director of the United States Fish and
Wildlife Service for the Aquatic Invasive Species
Program and the watercraft inspections described in
subparagraph (B).
``(B) Description of activities.--The Director of
the United States Fish and Wildlife Service, in
coordination with the Assistant Secretary, the Planning
Agency, the California Department of Fish and Wildlife,
and the Nevada Department of Wildlife, shall deploy
strategies consistent with the Lake Tahoe Aquatic
Invasive Species Management Plan to prevent the
introduction or spread of aquatic invasive species in
the Lake Tahoe region.
``(C) Criteria.--The strategies referred to in
subparagraph (B) shall provide that--
``(i) combined inspection and
decontamination stations be established and
operated at not less than 2 locations in the
Lake Tahoe region; and
``(ii) watercraft not be allowed to launch
in waters of the Lake Tahoe region if the
watercraft has not been inspected in accordance
with the Lake Tahoe Aquatic Invasive Species
Management Plan.
``(D) Certification.--The Planning Agency may
certify State and local agencies to perform the
decontamination activities described in subparagraph
(C)(i) at locations outside the Lake Tahoe Basin if
standards at the sites meet or exceed standards for
similar sites in the Lake Tahoe Basin established under
this paragraph.
``(E) Applicability.--The strategies and criteria
developed under this paragraph shall apply to all
watercraft to be launched on water within the Lake
Tahoe region.
``(F) Fees.--The Director of the United States Fish
and Wildlife Service may collect and spend fees for
decontamination only at a level sufficient to cover the
costs of operation of inspection and decontamination
stations under this paragraph.
``(G) Civil penalties.--
``(i) In general.--Any person that
launches, attempts to launch, or facilitates
launching of watercraft not in compliance with
strategies deployed under this paragraph shall
be liable for a civil penalty in an amount not
to exceed $1,000 per violation.
``(ii) Other authorities.--Any penalties
assessed under this subparagraph shall be
separate from penalties assessed under any
other authority.
``(H) Limitation.--The strategies and criteria
under subparagraphs (B) and (C), respectively, may be
modified if the Secretary of the Interior, in a
nondelegable capacity and in consultation with the
Planning Agency and State governments, issues a
determination that alternative measures will be no less
effective at preventing introduction of aquatic
invasive species into Lake Tahoe than the strategies
and criteria developed under subparagraphs (B) and (C),
respectively.
``(I) Supplemental authority.--The authority under
this paragraph is supplemental to all actions taken by
non-Federal regulatory authorities.
``(J) Savings clause.--Nothing in this title
restricts, affects, or amends any other law or the
authority of any department, instrumentality, or agency
of the United States, or any State or political
subdivision thereof, respecting the control of invasive
species.
``(3) Stormwater management, erosion control, and total
watershed restoration.--Of the amounts made available under
section 10(a), $113,000,000 shall be made available--
``(A) to the Secretary, the Secretary of the
Interior, the Assistant Secretary, or the Administrator
for the Federal share of stormwater management and
related programs consistent with the adopted Total
Maximum Daily Load and near-shore water quality goals;
``(B) for grants by the Secretary and the
Administrator to carry out the programs described in
subparagraph (A);
``(C) to the Secretary or the Assistant Secretary
for the Federal share of the Upper Truckee River
restoration programs and other watershed restoration
programs identified in the Priority List established
under section 5(b); and
``(D) for grants by the Administrator to carry out
the programs described in subparagraph (C).
``(4) Special status species management.--Of the amounts
made available under section 10(a), $20,000,000 shall be made
available to the Director of the United States Fish and
Wildlife Service for the Lahontan Cutthroat Trout Recovery
Program.''.
SEC. 7625. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 6 and inserting the following:
``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
``(a) Program Performance and Accountability.--
``(1) In general.--Of the amounts made available under
section 10(a), not less than $5,000,000 shall be made available
to the Secretary to carry out this section.
``(2) Planning agency.--Of the amounts described in
paragraph (1), not less than 50 percent shall be made available
to the Planning Agency to carry out the program oversight and
coordination activities established under subsection (d).
``(b) Consultation.--In carrying out this Act, the Secretary, the
Administrator, and the Directors shall, as appropriate and in a timely
manner, consult with the heads of the Washoe Tribe, applicable Federal,
State, regional, and local governmental agencies, and the Lake Tahoe
Federal Advisory Committee.
``(c) Corps of Engineers; Interagency Agreements.--
``(1) In general.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical
assistance for the Environmental Improvement Program.
``(2) Local cooperation agreements.--
``(A) In general.--Before providing technical
assistance under this section, the Assistant Secretary
shall enter into a local cooperation agreement with a
non-Federal interest to provide for the technical
assistance.
``(B) Components.--The agreement entered into under
subparagraph (A) shall--
``(i) describe the nature of the technical
assistance;
``(ii) describe any legal and institutional
structures necessary to ensure the effective
long-term viability of the end products by the
non-Federal interest; and
``(iii) include cost-sharing provisions in
accordance with subparagraph (C).
``(C) Federal share.--
``(i) In general.--The Federal share of
program costs under each local cooperation
agreement under this paragraph shall be 65
percent.
``(ii) Form.--The Federal share may be in
the form of reimbursements of program costs.
``(iii) Credit.--The non-Federal interest
may receive credit toward the non-Federal share
for the reasonable costs of related technical
activities completed by the non-Federal
interest before entering into a local
cooperation agreement with the Assistant
Secretary under this paragraph.
``(d) Effectiveness Evaluation and Monitoring.--In carrying out
this Act, the Secretary, the Administrator, and the Directors, in
coordination with the Planning Agency and the States of California and
Nevada, shall--
``(1) develop and implement a plan for integrated
monitoring, assessment, and applied research to evaluate the
effectiveness of the Environmental Improvement Program;
``(2) include funds in each program funded under this
section for monitoring and assessment of results at the program
level; and
``(3) use the integrated multiagency performance measures
established under this section.
``(e) Reporting Requirements.--Not later than March 15 of each
year, the Secretary, in cooperation with the Chair, the Administrator,
the Directors, the Planning Agency, and the States of California and
Nevada, consistent with subsection (a), shall submit to Congress a
report that describes--
``(1) the status of all Federal, State, local, and private
programs authorized under this Act, including to the maximum
extent practicable, for programs that will receive Federal
funds under this Act during the current or subsequent fiscal
year--
``(A) the program scope;
``(B) the budget for the program; and
``(C) the justification for the program, consistent
with the criteria established in section 5(b)(2);
``(2) Federal, State, local, and private expenditures in
the preceding fiscal year to implement the Environmental
Improvement Program;
``(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the performance
measures and other monitoring and assessment activities; and
``(4) public education and outreach efforts undertaken to
implement programs authorized under this Act.
``(f) Annual Budget Plan.--As part of the annual budget of the
President, the President shall submit information regarding each
Federal agency involved in the Environmental Improvement Program
(including the Forest Service, the Environmental Protection Agency, the
United States Fish and Wildlife Service, the United States Geological
Survey, and the Corps of Engineers), including--
``(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in carrying out
restoration activities relating to the Environmental
Improvement Program for the following fiscal year;
``(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of the
Environmental Improvement Program during the preceding fiscal
year; and
``(3) a description of the Federal role in the
Environmental Improvement Program, including the specific role
of each agency involved in the restoration of the Lake Tahoe
Basin.''.
SEC. 7626. CONFORMING AMENDMENTS; UPDATES TO RELATED LAWS.
(a) Lake Tahoe Restoration Act.--The Lake Tahoe Restoration Act
(Public Law 106-506; 114 Stat. 2351) is amended--
(1) by striking sections 8 and 9;
(2) by redesignating sections 10, 11, and 12 as sections 8,
9, and 10, respectively; and
(3) in section 9 (as redesignated by paragraph (2)) by
inserting ``, Director, or Administrator'' after ``Secretary''.
(b) 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''.
(c) Treatment Under Title 49, United States Code.--Section
5303(r)(2)(C) of title 49, United States Code, is amended--
(1) by inserting ``and 25 square miles of land area'' after
``145,000''; and
(2) by inserting ``and 12 square miles of land area'' after
``65,000''.
SEC. 7627. AUTHORIZATION OF APPROPRIATIONS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 10 (as redesignated by section
7626(a)(2)) 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 10
fiscal years beginning the first fiscal year after the date of
enactment of the Water Resources Development Act of 2016.
``(b) Effect on Other Funds.--Amounts authorized under this section
and any amendments made by this Act--
``(1) shall be in addition to any other amounts made
available to the Secretary, the Administrator, or the Directors
for expenditure in the Lake Tahoe Basin; and
``(2) shall not reduce allocations for other Regions of the
Forest Service, the Environmental Protection Agency, or the
United States Fish and Wildlife Service.
``(c) Cost-Sharing Requirement.--Except as provided in subsection
(d) and section 5(d)(1)(D), funds for activities carried out under
section 5 shall be available for obligation on a 1-to-1 basis with
funding of restoration activities in the Lake Tahoe Basin by the States
of California and Nevada.
``(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts \2/3\ 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.''.
SEC. 7628. 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--
(1) by striking ``(b) Lands'' and inserting the following:
``(b) Administration of Acquired Land.--
``(1) In general.--Land''; and
(2) by adding at the end the following:
``(2) California conveyances.--
``(A) In general.--If the State of California
(acting through the California Tahoe Conservancy and
the California Department of Parks and Recreation)
offers to donate to the United States the non-Federal
land described in subparagraph (B)(i), the Secretary--
``(i) may accept the offer; and
``(ii) convey to the State of California,
subject to valid existing rights and for no
consideration, all right, title, and interest
of the United States in and to the Federal
land.
``(B) Description of land.--
``(i) Non-federal land.--The non-Federal
land referred to in subparagraph (A) includes--
``(I) the approximately 1,936 acres
of land administered by the California
Tahoe Conservancy and identified on the
Maps as `Tahoe Conservancy to the
USFS'; and
``(II) the approximately 183 acres
of land administered by California
State Parks and identified on the Maps
as `Total USFS to California'.
``(ii) Federal land.--The Federal land
referred to in subparagraph (A) includes the
approximately 1,995 acres of Forest Service
land identified on the Maps as `U.S. Forest
Service to Conservancy and State Parks'.
``(C) Conditions.--Any land conveyed under this
paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies;
``(ii) not result in any significant
changes in the uses of the land; and
``(iii) be subject to the condition that
the applicable deed include such terms,
restrictions, covenants, conditions, and
reservations as the Secretary determines
necessary--
``(I) to ensure compliance with
this Act; and
``(II) to ensure that the transfer
of development rights associated with
the conveyed parcels shall not be
recognized or available for transfer
under chapter 51 of the Code of
Ordinances for the Tahoe Regional
Planning Agency.
``(D) Continuation of special use permits.--The
land conveyance under this paragraph shall be subject
to the condition that the State of California accept
all special use permits applicable, as of the date of
enactment of the Water Resources Development Act of
2016, to the land described in subparagraph (B)(ii) for
the duration of the special use permits, and subject to
the terms and conditions of the special use permits.
``(3) Nevada conveyances.--
``(A) In general.--In accordance with this section
and on request by the Governor of Nevada, the Secretary
may transfer the land or interests in land described in
subparagraph (B) to the State of Nevada without
consideration, subject to appropriate deed restrictions
to protect the environmental quality and public
recreational use of the land transferred.
``(B) Description of land.--The land referred to in
subparagraph (A) includes--
``(i) the approximately 38.68 acres of
Forest Service land identified on the map
entitled `State of Nevada Conveyances' as `Van
Sickle Unit USFS Inholding'; and
``(ii) the approximately 92.28 acres of
Forest Service land identified on the map
entitled `State of Nevada Conveyances' as `Lake
Tahoe Nevada State Park USFS Inholding'.
``(C) Conditions.--Any land conveyed under this
paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies;
``(ii) not result in any significant
changes in the uses of the land; and
``(iii) be subject to the condition that
the applicable deed include such terms,
restrictions, covenants, conditions, and
reservations as the Secretary determines
necessary--
``(I) to ensure compliance with
this Act; and
``(II) to ensure that the
development rights associated with the
conveyed parcels shall not be
recognized or available for transfer
under section 90.2 of the Code of
Ordinances for the Tahoe Regional
Planning Agency.
``(D) Continuation of special use permits.--The
land conveyance under this paragraph shall be subject
to the condition that the State of Nevada accept all
special use permits applicable, as of the date of
enactment of the Water Resources Development Act of
2016, to the land described in subparagraph (B)(ii) for
the duration of the special use permits, and subject to
the terms and conditions of the special use permits.
``(4) Authorization for conveyance of forest service urban
lots.--
``(A) Conveyance authority.--Except in the case of
land described in paragraphs (2) and (3), the Secretary
of Agriculture may convey any urban lot within the Lake
Tahoe Basin under the administrative jurisdiction of
the Forest Service.
``(B) Consideration.--A conveyance under
subparagraph (A) shall require consideration in an
amount equal to the fair market value of the conveyed
lot.
``(C) Availability and use.--The proceeds from a
conveyance under subparagraph (A) shall be retained by
the Secretary of Agriculture and used for--
``(i) purchasing inholdings throughout the
Lake Tahoe Basin; or
``(ii) providing additional funds to carry
out the Lake Tahoe Restoration Act (Public Law
106-506; 114 Stat. 2351) in excess of amounts
made available under section 10 of that Act.
``(D) Obligation limit.--The obligation and
expenditure of proceeds retained under this paragraph
shall be subject to such fiscal year limitation as may
be specified in an Act making appropriations for the
Forest Service for a fiscal year.
``(5) Reversion.--If a parcel of land transferred under
paragraph (2) or (3) is used in a manner that is inconsistent
with the use described for the parcel of land in paragraph (2)
or (3), respectively, the parcel of land, shall, at the
discretion of the Secretary, revert to the United States.
``(6) Funding.--
``(A) In general.--Of the amounts made available
under section 10(a) of the Lake Tahoe Restoration Act
(Public Law 106-506; 114 Stat. 2351), $2,000,000 shall
be made available to the Secretary to carry out the
activities under paragraphs (2), (3), and (4).
``(B) Other funds.--Of the amounts available to the
Secretary under paragraph (1), not less than 50 percent
shall be provided to the California Tahoe Conservancy
to facilitate the conveyance of land described in
paragraphs (2) and (3).''.
PART III--LONG ISLAND SOUND RESTORATION
SEC. 7631. RESTORATION AND STEWARDSHIP PROGRAMS.
(a) Long Island Sound Restoration Program.--Section 119 of the
Federal Water Pollution Control Act (33 U.S.C. 1269) is amended--
(1) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Office shall'' and inserting the following:
``(b) Office.--
``(1) Establishment.--The Administrator shall--
``(A) continue to carry out the conference study;
and
``(B) establish an office, to be located on or near
Long Island Sound.
``(2) Administration and staffing.--The Office shall'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Management Conference of the Long Island
Sound Study'' and inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through
(G), by striking the commas at the end of the
subparagraphs and inserting semicolons;
(ii) in subparagraph (H), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (I), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(J) environmental impacts on the Long Island
Sound watershed, including--
``(i) the identification and assessment of
vulnerabilities in the watershed;
``(ii) the development and implementation
of adaptation strategies to reduce those
vulnerabilities; and
``(iii) the identification and assessment
of the impacts of sea level rise on water
quality, habitat, and infrastructure; and
``(K) planning initiatives for Long Island Sound
that identify the areas that are most suitable for
various types or classes of activities in order to
reduce conflicts among uses, reduce adverse
environmental impacts, facilitate compatible uses, or
preserve critical ecosystem services to meet economic,
environmental, security, or social objectives;'';
(C) by striking paragraph (4) and inserting the
following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on the
Internet)'' after ``the public''; and
(ii) by inserting ``study'' after
``conference''; and
(F) by striking paragraph (7) and inserting the
following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(3) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(4) by redesignating subsection (f) as subsection (i); and
(5) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Water Resources Development Act of 2016, and
biennially thereafter, the Director of the Office, in
consultation with the Governor of each Long Island Sound State,
shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by
the Office and the Long Island Sound States in
implementing the Long Island Sound Comprehensive
Conservation and Management Plan, including an
assessment of the progress made toward meeting the
performance goals and milestones contained in the Plan;
``(B) assesses the key ecological attributes that
reflect the health of the ecosystem of the Long Island
Sound watershed;
``(C) describes any substantive modifications to
the Long Island Sound Comprehensive Conservation and
Management Plan made during the 2-year period preceding
the date of submission of the report;
``(D) provides specific recommendations to improve
progress in restoring and protecting the Long Island
Sound watershed, including, as appropriate, proposed
modifications to the Long Island Sound Comprehensive
Conservation and Management Plan;
``(E) identifies priority actions for
implementation of the Long Island Sound Comprehensive
Conservation and Management Plan for the 2-year period
following the date of submission of the report; and
``(F) describes the means by which Federal funding
and actions will be coordinated with the actions of the
Long Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the public,
including on the Internet.
``(g) Annual Budget Plan.--The President shall submit, together
with the annual budget of the United States Government submitted under
section 1105(a) of title 31, United States Code, information regarding
each Federal department and agency involved in the protection and
restoration of the Long Island Sound watershed, including--
``(1) an interagency crosscut budget that displays for each
department and agency--
``(A) the amount obligated during the preceding
fiscal year for protection and restoration projects and
studies relating to the watershed;
``(B) the estimated budget for the current fiscal
year for protection and restoration projects and
studies relating to the watershed; and
``(C) the proposed budget for succeeding fiscal
years for protection and restoration projects and
studies relating to the watershed; and
``(2) a summary of any proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan for
the following fiscal year.
``(h) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that impact
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office, may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel
appointments.
``(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall participate in regional and subwatershed
planning, protection, and restoration activities with respect
to the watershed.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department and agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--
(1) Long island sound stewardship advisory committee.--
Section 8 of the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) is amended--
(A) in subsection (g), by striking ``2011'' and
inserting ``2021''; and
(B) by adding at the end the following:
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to--
``(1) the Advisory Committee; or
``(2) any board, committee, or other group established
under this Act.''.
(2) Reports.--Section 9(b)(1) of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2021''.
(3) Authorization.--Section 11 of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (a) (as so redesignated), by
striking ``under this section each'' and inserting ``to
carry out this Act for a''.
(4) Effective date.--The amendments made by this subsection
take effect on October 1, 2011.
SEC. 7632. REAUTHORIZATION.
(a) In General.--There are authorized to be appropriated to the
Administrator such sums as are necessary for each of fiscal years 2017
through 2021 for the implementation of--
(1) section 119 of the Federal Water Pollution Control Act
(33 U.S.C. 1269), other than subsection (d) of that section;
and
(2) the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359).
(b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator to carry out section 119(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1269(d)) $40,000,000 for
each of fiscal years 2017 through 2021.
(c) Long Island Sound Stewardship Grants.--There is authorized to
be appropriated to the Administrator to carry out the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-359)
$25,000,000 for each of fiscal years 2017 through 2021.
PART IV--DELAWARE RIVER BASIN CONSERVATION
SEC. 7641. FINDINGS.
Congress finds that--
(1) the Delaware River Basin is a national treasure of
great cultural, environmental, ecological, and economic
importance;
(2) the Basin contains over 12,500 square miles of land in
the States of Delaware, New Jersey, New York, and Pennsylvania,
including nearly 800 square miles of bay and more than 2,000
tributary rivers and streams;
(3) the Basin is home to more than 8,000,000 people who
depend on the Delaware River and the Delaware Bay as an
economic engine, a place of recreation, and a vital habitat for
fish and wildlife;
(4) the Basin provides clean drinking water to more than
15,000,000 people, including New York City, which relies on the
Basin for approximately half of the drinking water supply of
the city, and Philadelphia, whose most significant threat to
the drinking water supply of the city is loss of forests and
other natural cover in the Upper Basin, according to a study
conducted by the Philadelphia Water Department;
(5) the Basin contributes $25,000,000,000 annually in
economic activity, provides $21,000,000,000 in ecosystem goods
and services per year, and is directly or indirectly
responsible for 600,000 jobs with $10,000,000,000 in annual
wages;
(6) almost 180 species of fish and wildlife are considered
special status species in the Basin due to habitat loss and
degradation, particularly sturgeon, eastern oyster, horseshoe
crabs, and red knots, which have been identified as unique
species in need of habitat improvement;
(7) the Basin provides habitat for over 200 resident and
migrant fish species, includes significant recreational
fisheries, and is an important source of eastern oyster, blue
crab, and the largest population of the American horseshoe
crab;
(8) the annual dockside value of commercial eastern oyster
fishery landings for the Delaware Estuary is nearly $4,000,000,
making it the fourth most lucrative fishery in the Delaware
River Basin watershed, and proven management strategies are
available to increase oyster habitat, abundance, and harvest;
(9) the Delaware Bay has the second largest concentration
of shorebirds in North America and is designated as one of the
4 most important shorebird migration sites in the world;
(10) the Basin, 50 percent of which is forested, also has
over 700,000 acres of wetland, more than 126,000 acres of which
are recognized as internationally important, resulting in a
landscape that provides essential ecosystem services, including
recreation, commercial, and water quality benefits;
(11) much of the remaining exemplary natural landscape in
the Basin is vulnerable to further degradation, as the Basin
gains approximately 10 square miles of developed land annually,
and with new development, urban watersheds are increasingly
covered by impervious surfaces, amplifying the quantity of
polluted runoff into rivers and streams;
(12) the Delaware River is the longest undammed river east
of the Mississippi; a critical component of the National Wild
and Scenic Rivers System in the Northeast, with more than 400
miles designated; home to one of the most heavily visited
National Park units in the United States, the Delaware Water
Gap National Recreation Area; and the location of 6 National
Wildlife Refuges;
(13) the Delaware River supports an internationally
renowned cold water fishery in more than 80 miles of its
northern headwaters that attracts tens of thousands of visitors
each year and generates over $21,000,000 in annual revenue
through tourism and recreational activities;
(14) management of water volume in the Basin is critical to
flood mitigation and habitat for fish and wildlife, and
following 3 major floods along the Delaware River since 2004,
the Governors of the States of Delaware, New Jersey, New York,
and Pennsylvania have called for natural flood damage reduction
measures to combat the problem, including restoring the
function of riparian corridors;
(15) the Delaware River Port Complex (including docking
facilities in the States of Delaware, New Jersey, and
Pennsylvania) is one of the largest freshwater ports in the
world, the Port of Philadelphia handles the largest volume of
international tonnage and 70 percent of the oil shipped to the
East Coast, and the Port of Wilmington, a full-service
deepwater port and marine terminal supporting more than 12,000
jobs, is the busiest terminal on the Delaware River, handling
more than 400 vessels per year with an annual import/export
cargo tonnage of more than 4,000,000 tons;
(16) the Delaware Estuary, where freshwater from the
Delaware River mixes with saltwater from the Atlantic Ocean, is
one of the largest and most complex of the 28 estuaries in the
National Estuary Program, and the Partnership for the Delaware
Estuary works to improve the environmental health of the
Delaware Estuary;
(17) the Delaware River Basin Commission is a Federal-
interstate compact government agency charged with overseeing a
unified approach to managing the river system and implementing
important water resources management projects and activities
throughout the Basin that are in the national interest;
(18) restoration activities in the Basin are supported
through several Federal and State agency programs, and funding
for those important programs should continue and complement the
establishment of the Delaware River Basin Restoration Program,
which is intended to build on and help coordinate restoration
and protection funding mechanisms at the Federal, State,
regional, and local levels; and
(19) the existing and ongoing voluntary conservation
efforts in the Delaware River Basin necessitate improved
efficiency and cost effectiveness, as well as increased
private-sector investments and coordination of Federal and non-
Federal resources.
SEC. 7642. DEFINITIONS.
In this part:
(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) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation, a congressionally chartered
foundation established by section 2 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701).
(5) Grant program.--The term ``grant program'' means the
voluntary Delaware River Basin Restoration Grant Program
established under section 7644.
(6) Program.--The term ``program'' means the nonregulatory
Delaware River Basin restoration program established under
section 7643.
(7) 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.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
SEC. 7643. 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 and new management 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 and nonprofit 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 7644.
(c) Coordination.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator;
(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. 7644. 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 7643(d).
(b) Criteria.--The Secretary, in consultation with the
organizations described in section 7643(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
7643(d)(2) and advance the implementation of priority actions or needs
identified in the Basinwide strategy adopted under section 7643(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.
(d) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and Wildlife
Foundation or a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the organization selected shall--
(A) for each fiscal year, receive amounts to carry
out this section in an advance payment of the entire
amount on October 1, or as soon as practicable
thereafter, of that fiscal year;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) otherwise administer the grant program to
support partnerships between the public and private
sectors in accordance with this part.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any amounts
received by the Foundation under this section shall be subject
to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act
(16 U.S.C. 3709(a)).
SEC. 7645. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary shall submit to Congress a report on
the implementation of this part, including a description of each
project that has received funding under this part.
SEC. 7646. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this part $5,000,000 for each of fiscal years
2017 through 2022.
(b) Use.--Of any amount made available under this section for each
fiscal year, the Secretary shall use at least 75 percent to carry out
the grant program under section 7644 and to provide, or provide for,
technical assistance under that program.
PART V--COLUMBIA RIVER BASIN RESTORATION
SEC. 7651. COLUMBIA RIVER BASIN RESTORATION.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. COLUMBIA RIVER BASIN RESTORATION.
``(a) Definitions.--
``(1) Columbia river basin.--The term `Columbia River
Basin' means the entire United States portion of the Columbia
River watershed.
``(2) Estuary partnership.--The term `Estuary Partnership'
means the Lower Columbia Estuary Partnership, an entity created
by the States of Oregon and Washington and the Environmental
Protection Agency under section 320.
``(3) Estuary plan.--
``(A) In general.--The term `Estuary Plan' means
the Estuary Partnership Comprehensive Conservation and
Management Plan adopted by the Environmental Protection
Agency and the Governors of Oregon and Washington on
October 20, 1999, under section 320.
``(B) Inclusion.--The term `Estuary Plan' includes
any amendments to the plan.
``(4) Lower columbia river estuary.--The term `Lower
Columbia River Estuary' means the mainstem Columbia River from
the Bonneville Dam to the Pacific Ocean and tidally influenced
portions of tributaries to the Columbia River in that region.
``(5) Middle and upper columbia river basin.--The term
`Middle and Upper Columbia River Basin' means the region
consisting of the United States portion of the Columbia River
Basin above Bonneville Dam.
``(6) Program.--The term `Program' means the Columbia River
Basin Restoration Program established under subsection
(b)(1)(A).
``(b) Columbia River Basin Restoration Program.--
``(1) Establishment.--
``(A) In general.--The Administrator shall
establish within the Environmental Protection Agency a
Columbia River Basin Restoration Program.
``(B) Effect.--
``(i) The establishment of the Program does
not modify any legal or regulatory authority or
program in effect as of the date of enactment
of this section, including the roles of Federal
agencies in the Columbia River Basin.
``(ii) This section does not create any new
regulatory authority.
``(2) Scope of program.--The Program shall consist of a
collaborative stakeholder-based program for environmental
protection and restoration activities throughout the Columbia
River Basin.
``(3) Duties.--The Administrator shall--
``(A) assess trends in water quality, including
trends that affect uses of the water of the Columbia
River Basin;
``(B) collect, characterize, and assess data on
water quality to identify possible causes of
environmental problems; and
``(C) provide grants in accordance with subsection
(d) for projects that assist in--
``(i) eliminating or reducing pollution;
``(ii) cleaning up contaminated sites;
``(iii) improving water quality;
``(iv) monitoring to evaluate trends;
``(v) reducing runoff;
``(vi) protecting habitat; or
``(vii) promoting citizen engagement or
knowledge.
``(c) Stakeholder Working Group.--
``(1) Establishment.--The Administrator shall establish a
Columbia River Basin Restoration Working Group (referred to in
this subsection as the `Working Group').
``(2) Membership.--
``(A) In general.--Membership in the Working Group
shall be on a voluntary basis and any person invited by
the Administrator under this subsection may decline
membership.
``(B) Invited representatives.--The Administrator
shall invite, at a minimum, representatives of--
``(i) each State located in whole or in
part within the Columbia River Basin;
``(ii) the Governors of each State located
in whole or in part with the Columbia River
Basin;
``(iii) each federally recognized Indian
tribe in the Columbia River Basin;
``(iv) local governments located 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; and
``(B) each of the Lower, Middle, and Upper Basins
of the Columbia River.
``(4) Duties and responsibilities.--The Working Group
shall--
``(A) recommend and prioritize projects and
actions; and
``(B) review the progress and effectiveness of
projects and actions implemented.
``(5) Lower columbia river estuary.--
``(A) Estuary partnership.--The Estuary Partnership
shall perform the duties and fulfill the
responsibilities of the Working Group described in
paragraph (4) as those duties and responsibilities
relate to the Lower Columbia River Estuary for such
time as the Estuary Partnership is the management
conference for the Lower Columbia River National
Estuary Program under section 320.
``(B) Designation.--If the Estuary Partnership
ceases to be the management conference for the Lower
Columbia River National Estuary Program under section
320, the Administrator may designate the new management
conference to assume the duties and responsibilities of
the Working Group described in paragraph (4) as those
duties and responsibilities relate to the Lower
Columbia River Estuary.
``(C) Incorporation.--If the Estuary Partnership is
removed from the National Estuary Program, the duties
and responsibilities for the lower 146 miles of the
Columbia River pursuant to this Act 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 that 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, which
includes the Snake River Basin; and
``(C) retain for Environmental Protection Agency
not more than 5 percent of the funds for purposes of
implementing this section.
``(4) Reporting.--
``(A) In general.--Each grant recipient under this
subsection shall submit to the Administrator reports on
progress being made in achieving the purposes of this
section.
``(B) Requirements.--The Administrator shall
establish requirements and timelines for recipients of
grants under this subsection to report on progress made
in achieving the purposes of this section.
``(5) Relationship to other funding.--
``(A) In general.--Nothing in this subsection
limits the eligibility of the Estuary Partnership to
receive funding under section 320(g).
``(B) Limitation.--None of the funds made available
under this subsection may be used for the
administration of a management conference under section
320.
``(e) Annual Budget Plan.--The President, as part of the annual
budget submission of the President to Congress under section 1105(a) of
title 31, United States Code, shall submit information regarding each
Federal agency involved in protection and restoration of the Columbia
River Basin, including an interagency crosscut budget that displays for
each Federal agency--
``(1) the amounts obligated for the preceding fiscal year
for protection and restoration projects, programs, and studies
relating to the Columbia River Basin;
``(2) the estimated budget for the current fiscal year for
protection and restoration projects, programs, and studies
relating to the Columbia River Basin; and
``(3) the proposed budget for protection and restoration
projects, programs, and studies relating to the Columbia River
Basin.''.
Subtitle G--Innovative Water Infrastructure Workforce Development
SEC. 7701. INNOVATIVE WATER INFRASTRUCTURE WORKFORCE DEVELOPMENT
PROGRAM.
(a) Grants Authorized.--The Administrator shall establish a
competitive grant program to assist the development of innovative
activities relating to workforce development in the water utility
sector.
(b) Selection of Grant Recipients.--In awarding grants under
subsection (a), the Administrator shall, to the maximum extent
practicable, select water utilities that--
(1) are geographically diverse;
(2) address the workforce and human resources needs of
large and small public water and wastewater utilities;
(3) address the workforce and human resources needs of
urban and rural public water and wastewater utilities;
(4) advance training relating to construction, utility
operations, treatment and distribution, green infrastructure,
customer service, maintenance, and engineering; and
(5)(A) have a high retiring workforce rate; or
(B) are located in areas with a high unemployment rate.
(c) Use of Funds.--Grants awarded under subsection (a) may be used
for activities such as--
(1) targeted internship, apprenticeship, preapprenticeship,
and post-secondary bridge programs for mission-critical skilled
trades, in collaboration with labor organizations, community
colleges, and other training and education institutions that
provide--
(A) on-the-job training;
(B) soft and hard skills development;
(C) test preparation for skilled trade
apprenticeships; or
(D) other support services to facilitate post-
secondary success;
(2) kindergarten through 12th grade and young adult
education programs that--
(A) educate young people about the role of water
and wastewater utilities in the communities of the
young people;
(B) increase the career awareness and exposure of
the young people to water utility careers through
various work-based learning opportunities inside and
outside the classroom; and
(C) connect young people to post-secondary career
pathways related to water utilities;
(3) regional industry and workforce development
collaborations to identify water utility employment needs, map
existing career pathways, support the development of curricula,
facilitate the sharing of resources, and coordinate candidate
development, staff preparedness efforts, and activities that
engage and support--
(A) water utilities employers;
(B) educational and training institutions;
(C) local community-based organizations;
(D) public workforce agencies; and
(E) other related stakeholders;
(4) integrated learning laboratories embedded in high
schools or other secondary educational institutions that
provide students with--
(A) hands-on, contextualized learning
opportunities;
(B) dual enrollment credit for post-secondary
education and training programs; and
(C) direct connection to industry employers; and
(5) leadership development, occupational training,
mentoring, or cross-training programs that ensure that
incumbent water and wastewater utilities workers are prepared
for higher-level supervisory or management-level positions.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $1,000,000
for each of fiscal years 2017 through 2021.
Subtitle H--Offset
SEC. 7801. OFFSET.
None of the funds available to the Secretary of Energy to provide
any credit subsidy under subsection (d) of section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) as of the date
of enactment of this Act shall be obligated for new loan commitments
under that subsection on or after October 1, 2020.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 8001. 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 residual
units that are located in the State in lieu of a
Federal program under this subsection.
``(B) Requirement.--Not later than 90 days after
the date on which a State submits the evidence
described in subparagraph (A), the Administrator 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 residual unit located in the State to
achieve compliance with--
``(i) the applicable criteria for coal
combustion residual 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 may
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 technical standards under
part 257 of title 40, Code of Federal Regulations (or
successor regulations), if, based on site-specific
conditions, the technical standards established
pursuant to an approved State program or other system
are at least as protective as the technical standards
under that part.
``(D) Withdrawal of approval.--
``(i) Program review.--The Administrator
shall review programs or other systems approved
under subparagraph (B)--
``(I) from time to time, but not
less frequently than once every 5
years; or
``(II) on request of any State.
``(ii) Notification and opportunity for a
public hearing.--The Administrator shall
provide to the relevant State notice 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 required for the State to
achieve compliance with the
requirements of subparagraph (B);
``(II) the State has not adopted
and implemented an adequate permit
program or other system of prior
approval and conditions for each coal
combustion residual unit located in the
State to ensure compliance with the
requirements of subparagraph (B); or
``(III) the State has, at any time,
approved or failed to revoke a permit
under this subsection that would lead
to the violation of a law to protect
human health or the environment of any
other State.
``(iii) 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
clause (ii), the Administrator
determines that the State has not
corrected the deficiency.
``(II) Reinstatement of state
approval.--Any withdrawal of approval
under subclause (I) shall cease to be
effective on the date on which the
Administrator makes a determination
that the State permit program or other
system of prior approval and conditions
complies with the requirements of
subparagraph (B).
``(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 has provided
notice to the Administrator that, not fewer
than 90 days after the date on which the
Governor provides notice to the Administrator,
the State relinquishes 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)(D)(iii).
``(B) Permit program.--In the case of a
nonparticipating State for which the Administrator
makes a determination that the nonparticipating State
lacks the capacity to implement a permit program or
other system of prior approval and conditions and
subject to the availability of appropriations, the
Administrator may implement a permit program to require
each coal combustion residual 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).
``(3) Applicability of criteria.--The applicable criteria
for coal combustion residual 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 residual 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; 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.
``(4) Prohibition on open dumping.--
``(A) In general.--Except as provided in
subparagraph (B)(i) and subject to subparagraph
(B)(ii), the Administrator may use the authority
provided by sections 3007 and 3008 to enforce the
prohibition against open dumping contained in
subsection (a) with respect to a coal combustion
residual unit.
``(B) Federal enforcement in approved state.--
``(i) In general.--In the case of a coal
combustion residual 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 the enforcement action;
or
``(II) after consideration of any
other administrative or judicial
enforcement action involving the coal
combustion residual unit, the
Administrator determines that an
enforcement action is likely to be
necessary to ensure that the coal
combustion residual 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 residual unit is located.
``(iii) Annual report to congress.--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)(II), including a description of the basis
for the enforcement action.
``(5) Indian country.--The Administrator may establish and
carry out a permit program, in accordance with this subsection,
for coal combustion residual units in Indian country (as
defined in section 1151 of title 18, United States Code) to
require each coal combustion residual 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).
``(6) Treatment of coal combustion residual units.--A coal
combustion residual unit shall be considered to be a sanitary
landfill for purposes of subsection (a) only if the coal
combustion residual unit is operating in accordance with--
``(A) the requirements established pursuant to a
program for which an approval is provided 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
residual 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 Resources Development Act of 2016.''.
SEC. 8002. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW NATION WATER
SETTLEMENT.
(a) Purposes.--The purposes of this section are--
(1) to permanently resolve and settle those claims to
Settlement Area Waters of the Choctaw Nation of Oklahoma and
the Chickasaw Nation as set forth in the Settlement Agreement
and this section, including all claims or defenses in and to
Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11-927
(W.D. Ok.), OWRB v. United States, et al. CIV 12-275 (W.D.
Ok.), or any future stream adjudication;
(2) to approve, ratify, and confirm the Settlement
Agreement;
(3) to authorize and direct the Secretary of the Interior
to execute the Settlement Agreement and to perform all
obligations of the Secretary of the Interior under the
Settlement Agreement and this section;
(4) to approve, ratify, and confirm the amended storage
contract among the State, the City and the Trust;
(5) to authorize and direct the Secretary to approve the
amended storage contract for the Corps of Engineers to perform
all obligations under the 1974 storage contract, the amended
storage contract, and this section; and
(6) to authorize all actions necessary for the United
States to meet its obligations under the Settlement Agreement,
the amended storage contract, and this section.
(b) Definitions.--In this section:
(1) 1974 storage contract.--The term ``1974 storage
contract'' means the contract approved by the Secretary on
April 9, 1974, between the Secretary and the Water Conservation
Storage Commission of the State of Oklahoma pursuant to section
301 of the Water Supply Act of 1958 (43 U.S.C. 390b), and other
applicable Federal law.
(2) 2010 agreement.--The term ``2010 agreement'' means the
agreement entered into among the OWRB and the Trust, dated June
15, 2010, relating to the assignment by the State of the 1974
storage contract and transfer of rights, title, interests, and
obligations under that contract to the Trust, including the
interests of the State in the conservation storage capacity and
associated repayment obligations to the United States.
(3) Administrative set-aside subcontracts.--The term
``administrative set-aside subcontracts'' means the
subcontracts the City shall issue for the use of Conservation
Storage Capacity in Sardis Lake as provided by section 4 of the
amended storage contract.
(4) Allotment.--The term ``allotment'' means the land
within the Settlement Area held by an allottee subject to a
statutory restriction on alienation or held by the United
States in trust for the benefit of an allottee.
(5) Allottee.--The term ``allottee'' means an enrolled
member of the Choctaw Nation or citizen of the Chickasaw Nation
who, or whose estate, holds an interest in an allotment.
(6) Amended permit application.--The term ``amended permit
application'' means the permit application of the City to the
OWRB, No. 2007-17, as amended as provided by the Settlement
Agreement.
(7) Amended storage contract transfer agreement; amended
storage contract.--The terms ``amended storage contract
transfer agreement'' and ``amended storage contract'' mean the
2010 Agreement between the City, the Trust, and the OWRB, as
amended, as provided by the Settlement Agreement and this
section.
(8) Atoka and sardis conservation projects fund.--The term
``Atoka and Sardis Conservation Projects Fund'' means the Atoka
and Sardis Conservation Projects Fund established, funded, and
managed in accordance with the Settlement Agreement.
(9) City.--The term ``City'' means the City of Oklahoma
City, or the City and the Trust acting jointly, as applicable.
(10) City permit.--The term ``City permit'' means any
permit issued to the City by the OWRB pursuant to the amended
permit application and consistent with the Settlement
Agreement.
(11) Conservation storage capacity.--The term
``conservation storage capacity'' means the total storage space
as stated in the 1974 storage contract in Sardis Lake between
elevations 599.0 feet above mean sea level and 542.0 feet above
mean sea level, which is estimated to contain 297,200 acre-feet
of water after adjustment for sediment deposits, and which may
be used for municipal and industrial water supply, fish and
wildlife, and recreation.
(12) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary of the Interior publishes
in the Federal Register a notice certifying that the conditions
of subsection (i) have been satisfied.
(13) Future use storage.--The term ``future use storage''
means that portion of the conservation storage capacity that
was designated by the 1974 Contract to be utilized for future
water use storage and was estimated to contain 155,500 acre
feet of water after adjustment for sediment deposits, or 52.322
percent of the conservation storage capacity.
(14) Nations.--The term ``Nations'' means, collectively,
the Choctaw Nation of Oklahoma (``Choctaw Nation'') and the
Chickasaw Nation.
(15) OWRB.--The term ``OWRB'' means the Oklahoma Water
Resources Board.
(16) Sardis lake.--The term ``Sardis Lake'' means the
reservoir, formerly known as Clayton Lake, whose dam is located
in Section 19, Township 2 North, Range 19 East of the Indian
Meridian, Pushmataha County, Oklahoma, the construction,
operation, and maintenance of which was authorized by section
203 of the Flood Control Act of 1962 (Public Law 87-874; 76
Stat. 1187).
(17) Settlement agreement.--The term ``Settlement
Agreement'' means the settlement agreement as approved by the
Nations, the State, the City, and the Trust effective August
22, 2016, as revised to conform with this section, as
applicable.
(18) Settlement area.--The term ``settlement area'' means--
(A) the area lying between--
(i) the South Canadian River and Arkansas
River to the north;
(ii) the Oklahoma-Texas State line to the
south;
(iii) the Oklahoma-Arkansas State line to
the east; and
(iv) the 98th Meridian to the west; and
(B) the area depicted in Exhibit 1 to the
Settlement Agreement and generally including the
following counties, or portions of, in the State:
(i) Atoka.
(ii) Bryan.
(iii) Carter.
(iv) Choctaw.
(v) Coal.
(vi) Garvin.
(vii) Grady.
(viii) McClain.
(ix) Murray.
(x) Haskell.
(xi) Hughes.
(xii) Jefferson.
(xiii) Johnston.
(xiv) Latimer.
(xv) LeFlore.
(xvi) Love.
(xvii) Marshall.
(xviii) McCurtain.
(xix) Pittsburgh.
(xx) Pontotoc.
(xxi) Pushmataha.
(xxii) Stephens.
(19) Settlement area waters.--The term ``settlement area
waters'' means the waters located--
(A) within the settlement area; and
(B) within a basin depicted in Exhibit 10 to the
Settlement Agreement, including any of the following
basins as denominated in the 2012 Update of the
Oklahoma Comprehensive Water Plan:
(i) Beaver Creek (24, 25, and 26).
(ii) Blue (11 and 12).
(iii) Clear Boggy (9).
(iv) Kiamichi (5 and 6).
(v) Lower Arkansas (46 and 47).
(vi) Lower Canadian (48, 56, 57, and 58).
(vii) Lower Little (2).
(viii) Lower Washita (14).
(ix) Mountain Fork (4).
(x) Middle Washita (15 and 16).
(xi) Mud Creek (23).
(xii) Muddy Boggy (7 and 8).
(xiii) Poteau (44 and 45).
(xiv) Red River Mainstem (1, 10, 13, and
21).
(xv) Upper Little (3).
(xvi) Walnut Bayou (22).
(20) State.--The term ``State'' means the State of
Oklahoma.
(21) Trust.--
(A) In general.--The term ``Trust'' means the
Oklahoma City Water Utilities Trust, formerly known as
the Oklahoma City Municipal Improvement Authority, a
public trust established pursuant to State law with the
City as the beneficiary.
(B) References.--A reference in this section to
``Trust'' shall refer to the Oklahoma City Water
Utilities Trust, acting severally.
(c) Approval of the Settlement Agreement.--
(1) Ratification.--
(A) In general.--Except as modified by this
section, and to the extent the Settlement Agreement
does not conflict with this section, the Settlement
Agreement is authorized, ratified, and confirmed.
(B) Amendments.--If an amendment is executed to
make the Settlement Agreement consistent with this
section, the amendment is also authorized, ratified and
confirmed to the extent the amendment is consistent
with this section.
(2) Execution of settlement agreement.--
(A) In general.--To the extent the Settlement
Agreement does not conflict with this section, the
Secretary of the Interior shall promptly execute the
Settlement Agreement, including all exhibits to or
parts of the Settlement Agreement requiring the
signature of the Secretary of the Interior and any
amendments necessary to make the Settlement Agreement
consistent with this section.
(B) Not a major federal action.--Execution of the
Settlement Agreement by the Secretary of the Interior
under this subsection shall not constitute a major
Federal action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Approval of the Amended Storage Contract and 1974 Storage
Contract.--
(1) Ratification.--
(A) In general.--Except to the extent any provision
of the amended storage contract conflicts with any
provision of this section, the amended storage contract
is authorized, ratified, and confirmed.
(B) 1974 storage contract.--To the extent the
amended storage contract, as authorized, ratified, and
confirmed, modifies or amends the 1974 storage
contract, the modification or amendment to the 1974
storage contract is authorized, ratified, and
confirmed.
(C) Amendments.--To the extent an amendment is
executed to make the amended storage contract
consistent with this section, the amendment is
authorized, ratified, and confirmed.
(2) Approval by the secretary.--After the State and the
City execute the amended storage contract, the Secretary shall
approve the amended storage contract.
(3) Modification of september 11, 2009, order in united
states v. oklahoma water resources board, civ 98-00521 (n.d.
ok).--The Secretary, through counsel, shall cooperate and work
with the State to file any motion and proposed order to modify
or amend the order of the United States District Court for the
Northern District of Oklahoma dated September 11, 2009,
necessary to conform the order to the amended storage contract
transfer agreement, the Settlement Agreement, and this section.
(4) Conservation storage capacity.--The allocation of the
use of the conservation storage capacity in Sardis Lake for
administrative set-aside subcontracts, City water supply, and
fish and wildlife and recreation as provided by the amended
storage contract is authorized, ratified and approved.
(5) Activation; waiver.--
(A) Findings.--Congress finds that--
(i) the earliest possible activation of any
increment of future use storage in Sardis Lake
will not occur until after 2050; and
(ii) the obligation to make annual payments
for the Sardis future use storage operation,
maintenance and replacement costs, capital
costs, or interest attributable to Sardis
future use storage only arises if, and only to
the extent, that an increment of Sardis future
use storage is activated by withdrawal or
release of water from the future use storage
that is authorized by the user for a
consumptive use of water.
(B) Waiver of obligations for storage that is not
activated.--Notwithstanding section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b), section 203 of the
Flood Control Act of 1962 (Public Law 87-874; 76 Stat.
1187), the 1974 storage contract, or any other
provision of law, effective as of January 1, 2050--
(i) the entirety of any repayment
obligations (including interest), relating to
that portion of conservation storage capacity
allocated by the 1974 storage contract to
future use storage in Sardis Lake is waived and
shall be considered nonreimbursable; and
(ii) any obligation of the State and, on
execution and approval of the amended storage
contract, of the City and the Trust, under the
1974 storage contract regarding capital costs
and any operation, maintenance, and replacement
costs and interest otherwise attributable to
future use storage in Sardis Lake is waived and
shall be nonreimbursable, if by January 1,
2050, the right to future use storage is not
activated by the withdrawal or release of water
from future use storage for an authorized
consumptive use of water.
(6) Consistent with authorized purposes; no major
operational change.--
(A) Consistent with authorized purpose.--The
amended storage contract, the approval of the Secretary
of the amended storage contract, and the waiver of
future use storage under paragraph (5)--
(i) are deemed consistent with the
authorized purposes for Sardis Lake as
described in section 203 of the Flood Control
Act of 1962 (Public Law 87-874; 76 Stat. 1187)
and do not affect the authorized purposes for
which the project was authorized, surveyed,
planned, and constructed; and
(ii) shall not constitute a reallocation of
storage.
(B) No major operational change.--The amended
storage contract, the approval of the Secretary of the
amended storage contract, and the waiver of future use
storage under paragraph (5) shall not constitute a
major operational change under section 301(e) of the
Water Supply Act of 1958 (43 U.S.C. 390b(e)).
(7) No further authorization required.--This section shall
be considered sufficient and complete authorization, without
further study or analysis, for--
(A) the Secretary to approve the amended storage
contract; and
(B) after approval under subparagraph (A), the
Corps of Engineers to manage storage in Sardis Lake
pursuant to and in accordance with the 1974 storage
contract, the amended storage contract, and the
Settlement Agreement.
(e) Settlement Area Waters.--
(1) Findings.--Congress finds that--
(A) pursuant to the Atoka Agreement as ratified by
section 29 of the Act of June 28, 1898 (30 Stat. 505,
chapter 517) (as modified by the Act of July 1, 1902
(32 Stat. 641, chapter 1362)), the Nations issued
patents to their respective tribal members and citizens
and thereby conveyed to individual Choctaws and
Chickasaws, all right, title, and interest in and to
land that was possessed by the Nations, other than
certain mineral rights; and
(B) when title passed from the Nations to their
respective tribal members and citizens, the Nations did
not convey and those individuals did not receive any
right of regulatory or sovereign authority, including
with respect to water.
(2) Permitting, allocation, and administration of
settlement area waters pursuant to the settlement agreement.--
Beginning on the enforceability date, settlement area waters
shall be permitted, allocated, and administered by the OWRB in
accordance with the Settlement Agreement and this section.
(3) Choctaw nation and chickasaw nation.--Beginning on the
enforceability date, the Nations shall have the right to use
and to develop the right to use settlement area waters only in
accordance with the Settlement Agreement and this section.
(4) Waiver and delegation by nations.--In addition to the
waivers under subsection (h), the Nations, on their own behalf,
shall permanently delegate to the State any regulatory
authority each Nation may possess over water rights on
allotments, which the State shall exercise in accordance with
the Settlement Agreement and this subsection.
(5) Right to use water.--
(A) In general.--An allottee may use water on an
allotment in accordance with the Settlement Agreement
and this subsection.
(B) Surface water use.--
(i) In general.--An allottee may divert and
use, on the allotment of the allottee, 6 acre-
feet per year of surface water per 160 acres,
to be used solely for domestic uses on an
allotment that constitutes riparian land under
applicable State law as of the date of
enactment of this Act.
(ii) Effect of state law.--The use of
surface water described in clause (i) shall be
subject to all rights and protections of State
law, as of the date of enactment of this Act,
including all protections against loss for
nonuse.
(iii) No permit required.--An allottee may
divert water under this subsection without a
permit or any other authorization from the
OWRB.
(C) Groundwater use.--
(i) In general.--An allottee may drill
wells on the allotment of the allottee to take
and use for domestic uses the greater of--
(I) 5 acre-feet per year; or
(II) any greater quantity allowed
under State law.
(ii) Effect of state law.--The groundwater
use described in clause (i) shall be subject to
all rights and protections of State law, as of
the date of enactment of this Act, including
all protections against loss for nonuse.
(iii) No permit required.--An allottee may
drill wells and use water under this subsection
without a permit or any other authorization
from the OWRB.
(D) Future changes in state law.--
(i) In general.--If State law changes to
limit use of water to a quantity that is less
than the applicable quantity specified in
subparagraph (B) or (C), as applicable, an
allottee shall retain the right to use water in
accord with those subparagraphs, subject to
paragraphs (6)(B)(iv) and (7).
(ii) Opportunity to be heard.--Prior to
taking any action to limit the use of water by
an individual, the OWRB shall provide to the
individual an opportunity to demonstrate that
the individual is--
(I) an allottee; and
(II) using water on the allotment
pursuant to and in accordance with the
Settlement Agreement and this section.
(6) Allottee options for additional water.--
(A) In general.--To use a quantity of water in
excess of the quantities provided under paragraph (5),
an allottee shall--
(i) file an action under subparagraph (B);
or
(ii) apply to the OWRB for a permit
pursuant to, and in accordance with, State law.
(B) Determination in federal district court.--
(i) In general.--In lieu of applying to the
OWRB for a permit to use more water than is
allowed under paragraph (5), an allottee may,
after written notice to the OWRB, 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.
(ii) Jurisdiction.--For purposes of this
subsection--
(I) the United States District
Court for the Western District of
Oklahoma shall have jurisdiction; and
(II) the waivers of immunity under
subparagraphs (A) and (B) of subsection
(j)(2) shall apply.
(iii) Requirements.--An allottee filing an
action pursuant to this subparagraph shall--
(I) join the OWRB as a party; and
(II) publish notice in a newspaper
of general circulation within the
Settlement Area Hydrologic Basin for 2
consecutive weeks, with the first
publication appearing not later than 30
days after the date on which the action
is filed.
(iv) Determination final.--
(I) In general.--Subject to
subclause (II), if an allottee elects
to have the rights of the allottee
determined pursuant to this
subparagraph, the determination shall
be final as to any rights under Federal
law and in lieu of any rights to use
water on an allotment as provided in
paragraph (5).
(II) Reservation of rights.--
Subclause (I) shall not preclude an
allottee from--
(aa) applying to the OWRB
for water rights pursuant to
State law; or
(bb) using any rights
allowed by State law that do
not require a permit from the
OWRB.
(7) OWRB administration and enforcement.--
(A) In general.--If an allottee exercises any right
under paragraph (5) or has rights determined under
paragraph (6)(B), the OWRB shall have jurisdiction to
administer those rights.
(B) Challenges.--An allottee may challenge OWRB
administration of rights determined under this
paragraph, in the United States District Court for the
Western District of Oklahoma.
(8) Prior existing state law rights.--Water rights held by
an allottee as of the enforceability date pursuant to a permit
issued by the OWRB shall be governed by the terms of that
permit and applicable State law (including regulations).
(f) City Permit for Appropriation of Stream Water From the Kiamichi
River.--The City permit shall be processed, evaluated, issued, and
administered consistent with and in accordance with the Settlement
Agreement and this section.
(g) Settlement Commission.--
(1) Establishment.--There is established a Settlement
Commission.
(2) Members.--
(A) In general.--The Settlement Commission shall be
comprised of 5 members, appointed as follows:
(i) 1 by the Governor of the State.
(ii) 1 by the Attorney General of the
State.
(iii) 1 by the Chief of the Choctaw Nation.
(iv) 1 by the Governor of the Chickasaw
Nation.
(v) 1 by agreement of the members described
in clauses (i) through (iv).
(B) Jointly appointed member.--If the members
described in clauses (i) through (iv) of subparagraph
(A) do not agree on a member appointed pursuant to
subparagraph (A)(v)--
(i) the members shall submit to the Chief
Judge for the United States District Court for
the Eastern District of Oklahoma, a list of not
less than 3 persons; and
(ii) from the list under clause (i), the
Chief Judge shall make the appointment.
(C) Initial appointments.--The initial appointments
to the Settlement Commission shall be made not later
than 90 days after the enforceability date.
(3) Member terms.--
(A) In general.--Each Settlement Commission member
shall serve at the pleasure of appointing authority.
(B) Compensation.--A member of the Settlement
Commission shall serve without compensation, but an
appointing authority may reimburse the member appointed
by the entity for costs associated with service on the
Settlement Commission.
(C) Vacancies.--If a member of the Settlement
Commission is removed or resigns, the appointing
authority shall appoint the replacement member.
(D) Jointly appointed member.--The member of the
Settlement Commission described in paragraph (2)(A)(v)
may be removed or replaced by a majority vote of the
Settlement Commission based on a failure of the member
to carry out the duties of the member.
(4) Duties.--The duties and authority of the Settlement
Commission shall be set forth in the Settlement Agreement, and
the Settlement Commission shall not possess or exercise any
duty or authority not stated in the Settlement Agreement.
(h) Waivers and Releases of Claims.--
(1) Claims by the nations and the united states as trustee
for the nations.--Subject to the retention of rights and claims
provided in paragraph (3) and except to the extent that rights
are recognized in the Settlement Agreement or this section, the
Nations and the United States, acting as a trustee for the
Nations, shall execute a waiver and release of--
(A) all of the following claims asserted or which
could have been asserted in any proceeding filed or
that could have been filed during the period ending on
the enforceability date, including Chickasaw Nation,
Choctaw Nation v. Fallin et al., CIV 11-927 (W.D. Ok.),
OWRB v. United States, et al. CIV 12-275 (W.D. Ok.), or
any general stream adjudication, relating to--
(i) claims to the ownership of water in the
State;
(ii) claims to water rights and rights to
use water diverted or taken from a location
within the State;
(iii) claims to authority over the
allocation and management of water and
administration of water rights, including
authority over third-party ownership of or
rights to use water diverted or taken from a
location within the State and ownership or use
of water on allotments by allottees or any
other person using water on an allotment with
the permission of an allottee;
(iv) claims that the State lacks authority
over the allocation and management of water and
administration of water rights, including
authority over the ownership of or rights to
use water diverted or taken from a location
within the State;
(v) any other claim relating to the
ownership of water, regulation of water, or
authorized diversion, storage, or use of water
diverted or taken from a location within the
State, which claim is based on the status of
the Chickasaw Nation or the Choctaw Nation as a
federally recognized Indian tribe; and
(vi) claims or defenses asserted or which
could have been asserted in Chickasaw Nation,
Choctaw Nation v. Fallin et al., CIV 11-927
(W.D. Ok.), OWRB v. United States, et al. CIV
12-275 (W.D. Ok.), or any general stream
adjudication;
(B) all claims for damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to any
action by the State, the OWRB, or any water user
authorized pursuant to State law to take or use water
in the State, including the City, that accrued during
the period ending on the enforceability date;
(C) all claims and objections relating to the
amended permit application, and the City permit,
including--
(i) all claims regarding regulatory control
over or OWRB jurisdiction relating to the
permit application and permit; and
(ii) all claims for damages, losses or
injuries to water rights or rights to use
water, or claims of interference with,
diversion, storage, taking, or use of water
(including claims for injury to land resulting
from the damages, losses, injuries,
interference with, diversion, storage, taking,
or use of water) attributable to the issuance
and lawful exercise of the City permit;
(D) all claims to regulatory control over the
Permit Numbers P80-48 and 54-613 of the City for water
rights from the Muddy Boggy River for Atoka Reservoir
and P73-282D for water rights from the Muddy Boggy
River, including McGee Creek, for the McGee Creek
Reservoir;
(E) all claims that the State lacks regulatory
authority over or OWRB jurisdiction relating to Permit
Numbers P80-48 and 54-613 for water rights from the
Muddy Boggy River for Atoka Reservoir and P73-282D for
water rights from the Muddy Boggy River, including
McGee Creek, for the McGee Creek Reservoir;
(F) all claims to damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from such damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to the
lawful exercise of Permit Numbers P80-48 and 54-613 for
water rights from the Muddy Boggy River for Atoka
Reservoir and P73-282D for water rights from the Muddy
Boggy River, including McGee Creek, for the McGee Creek
Reservoir, that accrued during the period ending on the
enforceability date;
(G) all claims and objections relating to the
approval by the Secretary of the assignment of the 1974
storage contract pursuant to the amended storage
contract; and
(H) all claims for damages, losses, or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from such damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to the
lawful exercise of rights pursuant to the amended
storage contract.
(2) Waivers and releases of claims by the nations against
the united states.--Subject to the retention of rights and
claims provided in paragraph (3) and except to the extent that
rights are recognized in the Settlement Agreement or this
section, the Nations are authorized to execute a waiver and
release of all claims against the United States (including any
agency or employee of the United States) relating to--
(A) all of the following claims asserted or which
could have been asserted in any proceeding filed or
that could have been filed by the United States as a
trustee during the period ending on the enforceability
date, including Chickasaw Nation, Choctaw Nation v.
Fallin et al., CIV 11-9272 (W.D. Ok.) or OWRB v. United
States, et al. CIV 12-275 (W.D. Ok.), or any general
stream adjudication, relating to--
(i) claims to the ownership of water in the
State;
(ii) claims to water rights and rights to
use water diverted or taken from a location
within the State;
(iii) claims to authority over the
allocation and management of water and
administration of water rights, including
authority over third-party ownership of or
rights to use water diverted or taken from a
location within the State and ownership or use
of water on allotments by allottees or any
other person using water on an allotment with
the permission of an allottee;
(iv) claims that the State lacks authority
over the allocation and management of water and
administration of water rights, including
authority over the ownership of or rights to
use water diverted or taken from a location
within the State;
(v) any other claim relating to the
ownership of water, regulation of water, or
authorized diversion, storage, or use of water
diverted or taken from a location within the
State, which claim is based on the status of
the Chickasaw Nation or the Choctaw Nation as a
federally recognized Indian tribe; and
(vi) claims or defenses asserted or which
could have been asserted in Chickasaw Nation,
Choctaw Nation v. Fallin et al., CIV 11-927
(W.D. Ok.), OWRB v. United States, et al. CIV
12-275 (W.D. Ok.), or any general stream
adjudication;
(B) all claims for damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to any
action by the State, the OWRB, or any water user
authorized pursuant to State law to take or use water
in the State, including the City, that accrued during
the period ending on the enforceability date;
(C) all claims and objections relating to the
amended permit application, and the City permit,
including--
(i) all claims regarding regulatory control
over or OWRB jurisdiction relating to the
permit application and permit; and
(ii) all claims for damages, losses or
injuries to water rights or rights to use
water, or claims of interference with,
diversion, storage, taking, or use of water
(including claims for injury to land resulting
from the damages, losses, injuries,
interference with, diversion, storage, taking,
or use of water) attributable to the issuance
and lawful exercise of the City permit;
(D) all claims to regulatory control over the
Permit Numbers P80-48 and 54-613 for water rights from
the Muddy Boggy River for Atoka Reservoir and P73-282D
for water rights from the Muddy Boggy River, including
McGee Creek, for the McGee Creek Reservoir;
(E) all claims that the State lacks regulatory
authority over or OWRB jurisdiction relating to Permit
Numbers P80-48 and 54-613 for water rights from the
Muddy Boggy River for Atoka Reservoir and P73-282D for
water rights from the Muddy Boggy River, including
McGee Creek, for the McGee Creek Reservoir;
(F) all claims to damages, losses or injuries to
water rights or water, or claims of interference with,
diversion, storage, taking, or use of water (including
claims for injury to land resulting from the damages,
losses, injuries, interference with, diversion,
storage, taking, or use of water) attributable to the
lawful exercise of Permit Numbers P80-48 and 54-613 for
water rights from the Muddy Boggy River for Atoka
Reservoir and P73-282D for water rights from the Muddy
Boggy River, including McGee Creek, for the McGee Creek
Reservoir, that accrued during the period ending on the
enforceability date;
(G) all claims and objections relating to the
approval by the Secretary of the assignment of the 1974
storage contract pursuant to the amended storage
contract;
(H) all claims relating to litigation brought by
the United States prior to the enforceability date of
the water rights of the Nations in the State; and
(I) all claims relating to the negotiation,
execution, or adoption of the Settlement Agreement
(including exhibits) or this section.
(3) Retention and reservation of claims by nations and the
united states.--
(A) In general.--Notwithstanding the waiver and
releases of claims authorized under paragraphs (1) and
(2), the Nations and the United States, acting as
trustee, shall retain--
(i) all claims for enforcement of the
Settlement Agreement and this section;
(ii) all rights to use and protect any
water right of the Nations recognized by or
established pursuant to the Settlement
Agreement, including the right to assert claims
for injuries relating to the rights and the
right to participate in any general stream
adjudication, including any inter se
proceeding;
(iii) all claims relating to activities
affecting the quality of water that are not
waived under paragraph (1)(A)(v) or paragraph
(2)(A)(v), including any claims the Nations may
have 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 (aa)
through (cc);
(iv) all claims relating to damage, loss,
or injury resulting from an unauthorized
diversion, use, or storage of water, including
damages, losses, or injuries to land or
nonwater natural resources associated with any
hunting, fishing, gathering, or cultural right;
and
(v) all rights, remedies, privileges,
immunities, and powers not specifically waived
and released pursuant to this section or the
Settlement Agreement.
(B) Agreement.--
(i) In general.--As provided in the
Settlement Agreement, the Chickasaw Nation
shall convey an easement to the City, which
easement shall be as described and depicted in
Exhibit 15 to the Settlement Agreement.
(ii) Application.--The Chickasaw Nation and
the City shall cooperate and coordinate on the
submission of an application for approval by
the Secretary of the Interior of the conveyance
under clause (i), in accordance with applicable
Federal law.
(iii) Recording.--On approval by the
Secretary of the Interior of the conveyance of
the easement under this clause, the City shall
record the easement.
(iv) Consideration.--In exchange for
conveyance of the easement under clause (i),
the City shall pay to the Chickasaw Nation the
value of past unauthorized use and
consideration for future use of the land
burdened by the easement, based on an appraisal
secured by the City and Nations and approved by
the Secretary of the Interior.
(4) Effective date of waiver and releases.--The waivers and
releases under this subsection take effect on the
enforceability date.
(5) Tolling of claims.--Each applicable period of
limitation and time-based equitable defense relating to a claim
described in this subsection shall be tolled during the period
beginning on the date of enactment of this Act and ending on
the earlier of the enforceability date or the expiration date
under subsection (i)(2).
(i) Enforceability Date.--
(1) In general.--The Settlement Agreement shall take effect
and be enforceable on the date on which the Secretary of the
Interior publishes in the Federal Register a certification
that--
(A) to the extent the Settlement Agreement
conflicts with this section, the Settlement Agreement
has been amended to conform with this section;
(B) the Settlement Agreement, as amended, has been
executed by the Secretary of the Interior, the Nations,
the Governor of the State, the OWRB, the City, and the
Trust;
(C) to the extent the amended storage contract
conflicts with this section, the amended storage
contract has been amended to conform with this section;
(D) the amended storage contract, as amended to
conform with this section, has been--
(i) executed by the State, the City, and
the Trust; and
(ii) approved by the Secretary;
(E) an order has been entered in United States v.
Oklahoma Water Resources Board, Civ. 98-C-521-E with
any modifications to the order dated September 11,
2009, as provided in the Settlement Agreement;
(F) orders of dismissal have been entered in
Chickasaw Nation, Choctaw Nation v. Fallin et al., Civ
11-297 (W.D. Ok.) and OWRB v. United States, et al. Civ
12-275 (W.D. Ok.) as provided in the Settlement
Agreement;
(G) the OWRB has issued the City Permit;
(H) the final documentation of the Kiamichi Basin
hydrologic model is on file at the Oklahoma City
offices of the OWRB; and
(I) the Atoka and Sardis Conservation Projects Fund
has been funded as provided in the Settlement
Agreement.
(2) Expiration date.--If the Secretary of the Interior
fails to publish a statement of findings under paragraph (1) by
not later than September 30, 2020, or such alternative later
date as is agreed to by the Secretary of the Interior, the
Nations, the State, the City, and the Trust under paragraph
(4), the following shall apply:
(A) This section, except for this subsection and
any provisions of this section that are necessary to
carry out this subsection (but only for purposes of
carrying out this subsection) are not effective
beginning on September 30, 2020, or the alternative
date.
(B) The waivers and release of claims, and the
limited waivers of sovereign immunity, shall not become
effective.
(C) The Settlement Agreement shall be null and
void, except for this paragraph and any provisions of
the Settlement Agreement that are necessary to carry
out this paragraph.
(D) Except with respect to this paragraph, the
State, the Nations, the City, the Trust, and the United
States shall not be bound by any obligations or benefit
from any rights recognized under the Settlement
Agreement.
(E) If the City permit has been issued, the permit
shall be null and void, except that the City may
resubmit to the OWRB, and the OWRB shall be considered
to have accepted, OWRB permit application No. 2007-017
without having waived the original application priority
date and appropriative quantities.
(F) If the amended storage contract has been
executed or approved, the contract shall be null and
void, and the 2010 agreement shall be considered to be
in force and effect as between the State and the Trust.
(G) If the Atoka and Sardis Conservation Projects
Fund has been established and funded, the funds shall
be returned to the respective funding parties with any
accrued interest.
(3) No prejudice.--The occurrence of the expiration date
under paragraph (2) shall not in any way prejudice--
(A) any argument or suit that the Nations may bring
to contest--
(i) the pursuit by the City of OWRB permit
application No. 2007-017, or a modified
version; or
(ii) the 2010 agreement;
(B) any argument, defense, or suit the State may
bring or assert with regard to the claims of the
Nations to water or over water in the settlement area;
or
(C) any argument, defense or suit the City may
bring or assert--
(i) with regard to the claims of the
Nations to water or over water in the
settlement area relating to OWRB permit
application No. 2007-017, or a modified
version; or
(ii) to contest the 2010 agreement.
(4) Extension.--The expiration date under paragraph (2) may
be extended in writing if the Nations, the State, the OWRB, the
United States, and the City agree that an extension is
warranted.
(j) Jurisdiction, Waivers of Immunity for Interpretation and
Enforcement.--
(1) Jurisdiction.--
(A) In general.--
(i) Exclusive jurisdiction.--The United
States District Court for the Western District
of Oklahoma shall have exclusive jurisdiction
for all purposes and for all causes of action
relating to the interpretation and enforcement
of the Settlement Agreement, the amended
storage contract, or interpretation or
enforcement of this section, including all
actions filed by an allottee pursuant to
subsection (e)(4)(B).
(ii) Right to bring action.--The Choctaw
Nation, the Chickasaw Nation, the State, the
City, the Trust, and the United States shall
each have the right to bring an action pursuant
to this section.
(iii) No action in other courts.--No action
may be brought in any other Federal, Tribal, or
State court or administrative forum for any
purpose relating to the Settlement Agreement,
amended storage contract, or this section.
(iv) No monetary judgment.--Nothing in this
section authorizes any money judgment or
otherwise allows the payment of funds by the
United States, the Nations, the State
(including the OWRB), the City, or the Trust.
(B) Notice and conference.--An entity seeking to
interpret or enforce the Settlement Agreement shall
comply with the following:
(i) Any party asserting noncompliance or
seeking interpretation of the Settlement
Agreement or this section shall first serve
written notice on the party alleged to be in
breach of the Settlement Agreement or violation
of this section.
(ii) The notice under clause (i) shall
identify the specific provision of the
Settlement Agreement or this section alleged to
have been violated or in dispute and shall
specify in detail the contention of the party
asserting the claim and any factual basis for
the claim.
(iii) Representatives of the party alleging
a breach or violation and the party alleged to
be in breach or violation shall meet not later
than 30 days after receipt of notice under
clause (i) in an effort to resolve the dispute.
(iv) If the matter is not resolved to the
satisfaction of the party alleging breach not
later than 90 days after the original notice
under clause (i), the party may take any
appropriate enforcement action consistent with
the Settlement Agreement and this subsection.
(2) Limited waivers of sovereign immunity.--
(A) In general.--The United States and the Nations
may be joined in an action filed in the United States
District Court for the Western District of Oklahoma.
(B) United states immunity.--Any claim by the
United States to sovereign immunity from suit is
irrevocably waived for any action brought by the State,
the Chickasaw Nation, the Choctaw Nation, the City, the
Trust, or (solely for purposes of actions brought
pursuant to subsection (e)) an allottee 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.
SEC. 8003. LAND TRANSFER AND TRUST LAND FOR THE 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 projects;
and
(ii) shall be subject to such other terms
and conditions as the Secretary determines to
be necessary and appropriate to ensure the
continued operation of the Eufaula Lake Project
or any other authorized civil works project.
(B) The Secretary shall retain the right to
inundate with water the land transferred to the
Secretary of the Interior under this subsection, as
necessary to carry out an authorized purpose of the
Eufaula Lake Project or any other civil works project.
(C) No gaming activities may be conducted on the
land transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred pursuant to
subsection (a) is the approximately 18.38 acres of land located
in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 16
E., McIntosh County, Oklahoma, generally depicted as ``USACE''
on the map entitled ``Muscogee (Creek) Nation Proposed Land
Acquisition'' and dated October 16, 2014.
(2) Survey.--The exact acreage and legal description of the
land to be transferred under subsection (a) shall be determined
by a survey satisfactory to the Secretary and the Secretary of
the Interior.
(c) Consideration.--The Muscogee (Creek) Nation shall pay--
(1) to the Secretary an amount that is equal to the fair
market value of the land transferred under subsection (a), as
determined by the Secretary, which funds may be accepted and
expended by the Secretary; and
(2) all costs and administrative expenses associated with
the transfer of land under subsection (a), including the costs
of--
(A) the survey under subsection (b)(2);
(B) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(C) any coordination necessary with respect to
requirements related to endangered species, cultural
resources, clean water, and clean air.
SEC. 8004. 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 decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise, in any proceeding, application, request for a ruling
or other determination, contract claim, controversy, or other
matter in which, to the knowledge of the member, 1 or more of
the following has a direct financial interest:
``(A) The member.
``(B) The spouse, minor child, or partner of the
member.
``(C) An organization described in subparagraph
(B), (C), (D), (E), or (F) of subsection (b)(1) for
which the member is serving as 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.
``(3) Annual disclosures.--Once per 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 per calendar year, each member shall
undergo disclosure of financial interests training, as
prescribed by the designated agency ethics official for the
Commission.
``(5) 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, $20,000,000 for
fiscal year 2017, and such sums as are necessary for each of
fiscal years 2018 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. 8005. RECREATIONAL ACCESS OF FLOATING CABINS.
The Tennessee Valley Authority Act of 1933 is amended by inserting
after section 9a (16 U.S.C. 831h-1) the following:
``SEC. 9B. RECREATIONAL ACCESS.
``(a) Definition of Floating Cabin.--In this section, the term
`floating cabin' means a watercraft or other floating structure--
``(1) primarily designed and used for human habitation or
occupation; and
``(2) not primarily designed or used for navigation or
transportation on water.
``(b) Recreational Access.--The Board may allow the use of a
floating cabin if--
``(1) the floating cabin is maintained by the owner to
reasonable health, safety, and environmental standards, as
required by the Board;
``(2) the Corporation has authorized the use of
recreational vessels on the waters; and
``(3) the floating cabin was located on waters under the
jurisdiction of the Corporation as of the date of enactment of
this section.
``(c) Fees.--The Board may assess 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 those purposes.
``(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 that 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 that 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 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. 8006. 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 2,000 gallons.
``(B) A container holding animal feed ingredients
approved for use in livestock feed by the Commissioner
of Food and Drugs.''.
SEC. 8007. SALT CEDAR REMOVAL PERMIT REVIEWS.
(a) In General.--In the case of an application for a permit for the
mechanized removal of salt cedar from an area that consists of not more
than 500 acres--
(1) any review by the Secretary under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) or section
10 of the Act of March 3, 1899 (commonly known as the ``Rivers
and Harbors Appropriation Act of 1899'') (33 U.S.C. 403), and
any review by the Director of the United States Fish and
Wildlife Service (referred to in this section as the
``Director'') under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536), shall, to the maximum extent
practicable, occur concurrently;
(2) all participating and cooperating agencies shall, to
the maximum extent practicable, adopt and use any environmental
document prepared by the lead agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
the same extent that a Federal agency could adopt or use a
document prepared by another Federal agency under--
(A) that Act; and
(B) parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations); and
(3) the review of the application shall, to the maximum
extent practicable, be completed not later than the date on
which the Secretary, in consultation with, and with the
concurrence of, the Director, establishes.
(b) Contributed Funds.--The Secretary may accept and expend funds
received from non-Federal public or private entities to conduct a
review referred to in subsection (a).
(c) Limitations.--Nothing in this section preempts or interferes
with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in
a court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian tribe, or project sponsor has with respect to carrying
out a project or any other provision of law applicable to
projects.
SEC. 8008. INTERNATIONAL OUTFALL INTERCEPTOR REPAIR, OPERATIONS, AND
MAINTENANCE.
(a) Sense of Congress.--It is the sense of Congress that, pursuant
to the Act of July 27, 1953 (22 U.S.C. 277d-10 et seq.), and
notwithstanding the memorandum of agreement between the United States
Section of the International Boundary and Water Commission and the City
of Nogales, Arizona, dated January 20, 2006 (referred to in this
section as the ``Agreement''), an equitable proportion of the costs of
operation and maintenance of the Nogales sanitation project to be
contributed by the City of Nogales, Arizona (referred to in this
section as the ``City''), should be based on the average daily volume
of wastewater originating from the City.
(b) Capital Costs Excluded.--Pursuant to the Agreement and the Act
of July 27, 1953 (22 U.S.C. 277d-10 et seq.), the City shall have no
obligation to contribute to any capital costs of repairing or upgrading
the Nogales sanitation project.
(c) Overcharges.--Notwithstanding the Agreement and subject to
subsection (d), the United States Section of the International Boundary
and Water Commission shall reimburse the City for, and shall not charge
the City after the date of enactment of this Act for, operations and
maintenance costs in excess of an equitable proportion of the costs, as
described in subsection (a).
(d) Limitation.--Costs reimbursed or a reduction in costs charged
under subsection (c) shall not exceed $4,000,000.
SEC. 8009. PECHANGA BAND OF LUISENO MISSION INDIANS WATER RIGHTS
SETTLEMENT.
(a) Purposes.--The purposes of this section 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 section; and
(5) to authorize the appropriation of amounts necessary for
the implementation of the Pechanga Settlement Agreement and
this section.
(b) Definitions.--In this section:
(1) Adjudication court.--The term ``Adjudication Court''
means the United States District Court for the Southern
District of California, which exercises continuing jurisdiction
over the Adjudication Proceeding.
(2) Adjudication proceeding.--The term ``Adjudication
Proceeding'' means litigation initiated by the United States
regarding relative water rights in the Santa Margarita River
Watershed in United States v. Fallbrook Public Utility District
et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any
litigation initiated to interpret or enforce the relative water
rights in the Santa Margarita River Watershed pursuant to the
continuing jurisdiction of the Adjudication Court over the
Fallbrook Decree.
(3) Allottee.--The term ``Allottee'' means an individual
who holds a beneficial real property interest in an Indian
allotment that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(4) Band.--The term ``Band'' means Pechanga Band of Luiseno
Mission Indians, a federally recognized sovereign Indian tribe
that functions as a custom and tradition Indian tribe, acting
on behalf of itself and its members, but not acting on behalf
of members in their capacities as Allottees.
(5) Claims.--The term ``claims'' means rights, claims,
demands, actions, compensation, or causes of action, whether
known or unknown.
(6) EMWD.--The term ``EMWD'' means Eastern Municipal Water
District, a municipal water district organized and existing in
accordance with the Municipal Water District Law of 1911,
Division 20 of the Water Code of the State of California, as
amended.
(7) EMWD connection fee.--The term ``EMWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(8) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the Federal
Register the statement of findings described in subsection
(f)(5).
(9) ESAA capacity agreement.--The term ``ESAA Capacity
Agreement'' means the ``Agreement to Provide Capacity for
Delivery of ESAA Water'', 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 ``Agreement
for Extension of Existing Service Area'', 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 subsection (h).
(15) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(16) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of water rights under Federal or State law.
(17) Interim capacity.--The term ``Interim Capacity'' has
the meaning set forth in the ESAA Capacity Agreement.
(18) Interim capacity notice.--The term ``Interim Capacity
Notice'' has the meaning set forth in the ESAA Capacity
Agreement.
(19) Interlocutory judgment no. 41.--The term
``Interlocutory Judgment No. 41'' means Interlocutory Judgment
No. 41 issued in the Adjudication Proceeding on November 8,
1962, including all court orders, judgments and decisions
supplemental to that interlocutory judgment.
(20) MWD.--The term ``MWD'' means the Metropolitan Water
District of Southern California, a metropolitan water district
organized and incorporated under the Metropolitan Water
District Act of the State of California (Stats. 1969, Chapter
209, as amended).
(21) MWD connection fee.--The term ``MWD Connection Fee''
has the meaning set forth in the Extension of Service Area
Agreement.
(22) Pechanga esaa delivery capacity account.--The term
``Pechanga ESAA Delivery Capacity account'' means the account
established by subsection (h)(3)(B).
(23) Pechanga recycled water infrastructure account.--The
term ``Pechanga Recycled Water Infrastructure account'' means
the account established by subsection (h)(3)(A).
(24) Pechanga settlement agreement.--The term ``Pechanga
Settlement Agreement'' means the Pechanga Settlement Agreement,
dated June 17, 2014, 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
subsection (d)(6).
(26) Pechanga water fund account.--The term ``Pechanga
Water Fund account'' means the account established by
subsection (h)(3)(C).
(27) Pechanga water quality account.--The term ``Pechanga
Water Quality account'' means the account established by
subsection (h)(3)(D).
(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
``Agreement for Recycled Water Infrastructure'' among the Band,
RCWD, and the United States.
(32) Recycled water transfer agreement.--The term
``Recycled Water Transfer Agreement'' means the ``Recycled
Water Transfer Agreement'' between the Band and RCWD.
(33) Reservation.--
(A) In general.--The term ``Reservation'' means the
land depicted on the map attached to the Pechanga
Settlement Agreement as Exhibit I.
(B) Applicability of term.--The term
``Reservation'' shall be used solely for the purposes
of the Pechanga Settlement Agreement, this section, 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 subsection (d).
(c) Approval of the Pechanga Settlement Agreement.--
(1) Ratification of pechanga settlement agreement.--
(A) In general.--Except as modified by this
section, and to the extent that the Pechanga Settlement
Agreement does not conflict with this section, the
Pechanga Settlement Agreement is authorized, ratified,
and confirmed.
(B) 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 section.
(2) Execution of pechanga settlement agreement.--
(A) In general.--To the extent that the Pechanga
Settlement Agreement does not conflict with this
section, the Secretary is directed to and promptly
shall execute--
(i) the Pechanga Settlement Agreement
(including any exhibit to the Pechanga
Settlement Agreement requiring the signature of
the Secretary); and
(ii) any amendment to the Pechanga
Settlement Agreement necessary to make the
Pechanga Settlement Agreement consistent with
this section.
(B) Modifications.--Nothing in this section
precludes the Secretary from approving modifications to
exhibits to the Pechanga Settlement Agreement not
inconsistent with this section, 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.
(3) Environmental compliance.--
(A) In general.--In implementing the Pechanga
Settlement Agreement, the Secretary shall promptly
comply with all applicable requirements of--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(iii) all other applicable Federal
environmental laws; and
(iv) all regulations promulgated under the
laws described in clauses (i) through (iii).
(B) Execution of the pechanga settlement
agreement.--
(i) In general.--Execution of the Pechanga
Settlement Agreement by the Secretary 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.).
(ii) Compliance.--The Secretary is directed
to carry out all Federal compliance necessary
to implement the Pechanga Settlement Agreement.
(C) Lead agency.--The Bureau of Reclamation shall
be designated as the lead agency with respect to
environmental compliance.
(d) Tribal Water Right.--
(1) 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 section, taking into consideration--
(A) the potential risks, cost, and time delay
associated with litigation that would be resolved by
the Pechanga Settlement Agreement and this section;
(B) the availability of funding under this section;
(C) the availability of water from the Tribal Water
Right and other water sources as set forth in the
Pechanga Settlement Agreement; and
(D) the applicability of section 7 of the Act of
February 8, 1887 (25 U.S.C. 381), and this section to
protect the interests of Allottees.
(2) Confirmation of tribal water right.--
(A) 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.
(B) Use.--Subject to the terms of the Pechanga
Settlement Agreement, this section, the Fallbrook
Decree and applicable Federal law, the Band may use the
Tribal Water Right for any purpose on the Reservation.
(3) Holding in trust.--The Tribal Water Right, as set forth
in paragraph (2), shall--
(A) be held in trust by the United States on behalf
of the Band and the Allottees in accordance with this
subsection;
(B) include the priority dates described in
Interlocutory Judgment No. 41, as affirmed by the
Fallbrook Decree; and
(C) not be subject to forfeiture or abandonment.
(4) Allottees.--
(A) 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.
(B) Entitlement to water.--Any entitlement to water
of allotted land located within the exterior boundaries
of the Reservation under Federal law shall be satisfied
from the Tribal Water Right.
(C) 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.
(D) 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.
(E) 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.
(F) Authority.--The Secretary shall have the
authority to protect the rights of Allottees as
specified in this subsection.
(5) Authority of band.--
(A) In general.--Except as provided in subparagraph
(B), the Band shall have authority to use, allocate,
distribute, and lease the Tribal Water Right on the
Reservation in accordance with--
(i) the Pechanga Settlement Agreement; and
(ii) applicable Federal law.
(B) Leases by allottees.--
(i) 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.
(ii) Water right appurtenant.--Any water
right determined to be appurtenant to an
interest in land leased by an Allottee shall be
used on the Reservation.
(6) Pechanga water code.--
(A) In general.--Not later than 18 months after the
enforceability date, the Band shall enact a Pechanga
Water Code, that provides for--
(i) the management, regulation, and
governance of all uses of the Tribal Water
Right in accordance with the Pechanga
Settlement Agreement; and
(ii) 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.
(B) Inclusions.--The Pechanga Water Code shall
provide--
(i) that allocations of water to Allottees
shall be satisfied with water from the Tribal
Water Right;
(ii) that charges for delivery of water for
irrigation purposes for Allottees shall be
assessed in accordance with section 7 of the
Act of February 8, 1887 (25 U.S.C. 381);
(iii) a process by which an Allottee (or
any successor in interest to an Allottee) may
request that the Band provide water for
irrigation or domestic purposes in accordance
with this section;
(iv) a due process system for the
consideration and determination by the Band of
any request by an Allottee (or any successor in
interest to an Allottee) for an allocation of
such water for irrigation or domestic purposes
on allotted land, including a process for--
(I) appeal and adjudication of any
denied or disputed distribution of
water; and
(II) resolution of any contested
administrative decision; and
(v) a requirement that any Allottee (or any
successor in interest to an Allottee) with a
claim relating to the enforcement of rights of
the Allottee (or any successor in interest to
an 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
paragraph (4)(D).
(C) Action by secretary.--
(i) In general.--The Secretary shall
administer the Tribal Water Right until the
Pechanga Water Code is enacted and approved
under this subsection.
(ii) 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.
(iii) 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.
(7) Effect.--Except as otherwise specifically provided in
this section, nothing in this section--
(A) authorizes any action by an Allottee (or any
successor in interest to an Allottee) against any
individual or entity, or against the Band, under
Federal, State, tribal, or local law; or
(B) alters or affects the status of any action
pursuant to section 1491(a) of title 28, United States
Code.
(e) Satisfaction of Claims.--
(1) In general.--The benefits provided to the Band under
the Pechanga Settlement Agreement and this Act 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 subsection (f).
(2) Allottee claims.--The benefits realized by the
Allottees under this section shall be in complete replacement
of, complete substitution for, and full satisfaction of--
(A) all claims that are waived and released
pursuant to subsection (f); and
(B) 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
subsection (f).
(3) No recognition of water rights.--Except as provided in
subsection (d)(4), nothing in this section recognizes or
establishes any right of a member of the Band or an Allottee to
water within the Reservation.
(4) Claims relating to development of water for
reservation.--
(A) In general.--The amounts authorized to be
appropriated pursuant to subsection (j) 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.
(B) Satisfaction of claims.--Upon the complete
appropriation of amounts authorized pursuant to
subsection (j), 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.
(f) Waiver of Claims.--
(1) In general.--
(A) Waiver of claims by the band and the united
states acting in its capacity as trustee for the
band.--
(i) In general.--Subject to the retention
of rights set forth in paragraph (3), in return
for recognition of the Tribal Water Right and
other benefits as set forth in the Pechanga
Settlement Agreement and this section, the
Band, on behalf of itself and the members of
the Band (but not on behalf of a tribal member
in the capacity of Allottee), 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 section.
(ii) Claims against rcwd.--Subject to the
retention of rights set forth in paragraph (3)
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 section;
(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 section;
and
(V) claims arising out of, or
relating in any manner to, the
negotiation or execution of the
Pechanga Settlement Agreement or the
negotiation or execution of this
section.
(B) Claims by the united states acting in its
capacity as trustee for allottees.--Subject to the
retention of claims set forth in paragraph (3), in
return for recognition of the water rights of the Band
and other benefits as set forth in the Pechanga
Settlement Agreement and this section, 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.
(C) Claims by the band against the united states.--
Subject to the retention of rights set forth in
paragraph (3), the Band, on behalf of itself and the
members of the Band (but not on behalf of a tribal
member in the capacity of Allottee), is authorized to
execute a waiver and release of--
(i) 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 section;
(ii) 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;
(iii) 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
(iv) 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
section.
(2) Effectiveness of waivers and releases.--The waivers
under paragraph (1) shall take effect on the enforceability
date.
(3) Reservation of rights and retention of claims.--
Notwithstanding the waivers and releases authorized in this
section, 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--
(A) all claims for enforcement of the Pechanga
Settlement Agreement and this section;
(B) all claims against any person or entity other
than the United States and RCWD, including claims for
monetary damages;
(C) all claims for water rights that are outside
the jurisdiction of the Adjudication Court;
(D) all rights to use and protect water rights
acquired on or after the enforceability date; and
(E) all remedies, privileges, immunities, powers,
and claims, including claims for water rights, not
specifically waived and released pursuant to this
section and the Pechanga Settlement Agreement.
(4) Effect of pechanga settlement agreement and act.--
Nothing in the Pechanga Settlement Agreement or this section--
(A) affects the ability of the United States,
acting as sovereign, to take actions authorized by law,
including any laws relating to health, safety, or the
environment, including--
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii);
(B) 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;
(C) confers jurisdiction on any State court--
(i) to interpret Federal law regarding
health, safety, or the environment;
(ii) to determine the duties of the United
States or other parties pursuant to Federal law
regarding health, safety, or the environment;
or
(iii) to conduct judicial review of Federal
agency action;
(D) waives any claim of a member of the Band in an
individual capacity that does not derive from a right
of the Band;
(E) 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;
(F) characterizes any amounts received by RCWD
under the Pechanga Settlement Agreement or this section
as Federal for purposes of section 1649 of the
Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-32); or
(G) affects the requirement of any party to the
Pechanga Settlement Agreement or any of the exhibits to
the Pechanga Settlement Agreement to comply with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or the California Environmental Quality
Act (Cal. Pub. Res. Code 21000 et seq.) prior to
performing the respective obligations of that party
under the Pechanga Settlement Agreement or any of the
exhibits to the Pechanga Settlement Agreement.
(5) Enforceability date.--The enforceability date shall be
the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(A) 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;
(B) all amounts authorized by this section have
been deposited in the Fund;
(C) the waivers and releases authorized in
paragraph (1) have been executed by the Band and the
Secretary;
(D) the Extension of Service Area Agreement--
(i) has been approved and executed by all
the parties to the Extension of Service Area
Agreement; and
(ii) is effective and enforceable in
accordance with the terms of the Extension of
Service Area Agreement; and
(E) the ESAA Water Delivery Agreement--
(i) has been approved and executed by all
the parties to the ESAA Water Delivery
Agreement; and
(ii) is effective and enforceable in
accordance with the terms of the ESAA Water
Delivery Agreement.
(6) Tolling of claims.--
(A) In general.--Each applicable period of
limitation and time-based equitable defense relating to
a claim described in this subsection shall be tolled
for the period beginning on the date of enactment of
this Act and ending on the earlier of--
(i) April 30, 2030, or such alternate date
after April 30, 2030, as is agreed to by the
Band and the Secretary; or
(ii) the enforceability date.
(B) 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.
(C) Limitation.--Nothing in this subsection
precludes the tolling of any period of limitations or
any time-based equitable defense under any other
applicable law.
(7) Termination.--
(A) In general.--If all of the amounts authorized
to be appropriated to the Secretary pursuant to this
section have not been made available to the Secretary
by April 30, 2030--
(i) the waivers authorized by this
subsection shall expire and have no force or
effect; and
(ii) all statutes of limitations applicable
to any claim otherwise waived under this
subsection shall be tolled until April 30,
2030.
(B) Voiding of waivers.--If a waiver authorized by
this subsection is void under subparagraph (A)--
(i) the approval of the United States of
the Pechanga Settlement Agreement under
subsection (c) shall be void and have no
further force or effect;
(ii) any unexpended Federal amounts
appropriated or made available to carry out
this section, together with any interest earned
on those amounts, and any water rights or
contracts to use water and title to other
property acquired or constructed with Federal
amounts appropriated or made available to carry
out this section shall be returned to the
Federal Government, unless otherwise agreed to
by the Band and the United States and approved
by Congress; and
(iii) except for Federal amounts used to
acquire or develop property that is returned to
the Federal Government under clause (ii), the
United States shall be entitled to set off any
Federal amounts appropriated or made available
to carry out this section 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.
(g) Water Facilities.--
(1) 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 section and
the terms and conditions of those agreements.
(2) Nonreimbursability of costs.--All costs incurred by the
Secretary in carrying out this subsection shall be
nonreimbursable.
(3) Recycled water infrastructure.--
(A) In general.--The Secretary shall, using amounts
from the Pechanga Recycled Water Infrastructure
account, provide amounts for the Storage Pond in
accordance with this paragraph.
(B) Storage pond.--
(i) In general.--The Secretary shall,
subject to the availability of appropriations,
provide the amounts necessary to fulfill the
obligations of the Band under the Recycled
Water Infrastructure Agreement for the design
and construction of the Storage Pond, in an
amount not to exceed $2,656,374.
(ii) Procedure.--The procedure for the
Secretary to provide amounts pursuant to this
paragraph shall be as set forth in the Recycled
Water Infrastructure Agreement.
(iii) Lead agency.--The Bureau of
Reclamation shall be the lead agency for
purposes of the implementation of this
paragraph.
(iv) Liability.--The United States shall
have no responsibility or liability for the
Storage Pond.
(4) ESAA delivery capacity.--
(A) 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 paragraph.
(B) Interim capacity.--
(i) In general.--The Secretary shall,
subject to the availability of appropriations,
using amounts from the ESAA Delivery Capacity
account, provide amounts necessary to fulfill
the obligations of the Band under the ESAA
Capacity Agreement for the provision by RCWD of
Interim Capacity to the Band in an amount not
to exceed $1,000,000.
(ii) Procedure.--The procedure for the
Secretary to provide amounts pursuant to this
subparagraph shall be as set forth in the ESAA
Capacity Agreement.
(iii) Lead agency.--The Bureau of
Reclamation shall be the lead agency for
purposes of the implementation of this
subparagraph.
(iv) Liability.--The United States shall
have no responsibility or liability for the
Interim Capacity to be provided by RCWD.
(v) 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.
(C) Permanent capacity.--
(i) In general.--On receipt of the
Permanent Capacity Notice pursuant to section
5(b) of the ESAA Capacity Agreement, the
Secretary, acting through the Bureau of
Reclamation, shall enter into negotiations with
RCWD and the Band to establish an agreement
that will allow for the disbursement of amounts
from the Pechanga ESAA Delivery Capacity
account in accordance with clause (ii).
(ii) Schedule of disbursement.--Subject to
the availability of amounts under subsection
(h)(5), on execution of the ESAA Capacity
Agreement, the Secretary shall, subject to the
availability of appropriations and using
amounts from the ESAA Delivery Capacity
account, provide amounts necessary to fulfill
the obligations of the Band under the ESAA
Capacity Agreement for the provision by RCWD of
Permanent Capacity to the Band in an amount not
to exceed the amount available in the ESAA
Delivery Capacity account as of the date on
which the ESAA Capacity Agreement is executed.
(iii) Procedure.--The procedure for the
Secretary to provide funds pursuant to this
subparagraph shall be as set forth in the ESAA
Capacity Agreement.
(iv) Lead agency.--The Bureau of
Reclamation shall be the lead agency for
purposes of the implementation of this
subparagraph.
(v) Liability.--The United States shall
have no responsibility or liability for the
Permanent Capacity to be provided by RCWD.
(vi) 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.
(h) Pechanga Settlement Fund.--
(1) 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 section.
(2) Transfers to fund.--The Fund shall consist of such
amounts as are deposited in the Fund under subsection (j),
together with any interest earned on those amounts, which shall
be available in accordance with paragraph (5).
(3) Accounts of pechanga settlement fund.--The Secretary
shall establish in the Fund the following accounts:
(A) Pechanga Recycled Water Infrastructure account,
consisting of amounts authorized pursuant to subsection
(j)(1).
(B) Pechanga ESAA Delivery Capacity account,
consisting of amounts authorized pursuant to subsection
(j)(2).
(C) Pechanga Water Fund account, consisting of
amounts authorized pursuant to subsection (j)(3).
(D) Pechanga Water Quality account, consisting of
amounts authorized pursuant to subsection (j)(4).
(4) 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--
(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 subsection.
(5) 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.
(6) Withdrawals by band pursuant to the american indian
trust fund management reform act.--
(A) 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.).
(B) Requirements.--
(i) 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
subparagraph (A) shall require that the Band
shall spend all amounts withdrawn from the Fund
in accordance with this section.
(ii) 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 paragraph are used in
accordance with this section.
(7) Withdrawals by band pursuant to an expenditure plan.--
(A) 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.
(B) Requirements.--The expenditure plan under
subparagraph (A) 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 paragraph (8).
(C) Approval.--If the Secretary determines that an
expenditure plan submitted under this subsection is
consistent with the purposes of this section, the
Secretary shall approve the plan.
(D) Enforcement.--The Secretary may carry out such
judicial or administrative actions as the Secretary
determines necessary to enforce an expenditure plan to
ensure that amounts disbursed under this paragraph are
used in accordance with this section.
(8) Uses.--Amounts from the Fund shall be used by the Band
for the following purposes:
(A) Pechanga recycled water infrastructure
account.--The Pechanga Recycled Water Infrastructure
account shall be used for expenditures by the Band in
accordance with subsection (g)(3).
(B) Pechanga esaa delivery capacity account.--The
Pechanga ESAA Delivery Capacity account shall be used
for expenditures by the Band in accordance with
subsection (g)(4).
(C) Pechanga water fund account.--The Pechanga
Water Fund account shall be used for--
(i) payment of the EMWD Connection Fee;
(ii) payment of the MWD Connection Fee; and
(iii) any expenses, charges, or fees
incurred by the Band in connection with the
delivery or use of water pursuant to the
Pechanga Settlement Agreement.
(D) 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.
(9) 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 paragraph (6) or (7).
(10) No per capita distributions.--No portion of the Fund
shall be distributed on a per capita basis to any member of the
Band.
(i) Miscellaneous Provisions.--
(1) 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 section waives the sovereign
immunity of the United States.
(2) Other tribes not adversely affected.--Nothing in this
section 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.
(3) Limitation on claims for reimbursement.--With respect
to Indian land within the Reservation--
(A) 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 section and the Pechanga
Settlement Agreement; and
(B) no assessment of any Indian-owned land located
within the Reservation shall be made regarding that
cost.
(4) Effect on current law.--Nothing in this subsection
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.
(j) Authorization of Appropriations.--
(1) Pechanga recycled water infrastructure account.--There
is authorized to be appropriated $2,656,374, for deposit in the
Pechanga Recycled Water Infrastructure account, to carry out
the activities described in subsection (g)(3).
(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 subparagraphs (B)(v) and (C)(vi)
of subsection (g)(4), with such adjustment ending on the date
on which funds authorized to be appropriated under this
subsection 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 subsection (h)(8)(C).
(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 subsection (h)(8)(D).
(k) Repeal on Failure of Enforceability Date.--If the Secretary
does not publish a statement of findings under subsection (f)(5) by
April 30, 2021, or such alternative later date as is agreed to by the
Band and the Secretary, as applicable--
(1) this section is repealed effective 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 section shall be void;
(3) any amounts appropriated under subsection (j), together
with any interest on those amounts, shall immediately revert to
the general fund of the Treasury; and
(4) any amounts made available under subsection (j) that
remain unexpended shall immediately revert to the general fund
of the Treasury.
(l) Antideficiency.--
(1) In general.--Notwithstanding any authorization of
appropriations to carry out this section, the expenditure or
advance of any funds, and the performance of any obligation by
the Department in any capacity, pursuant to this section shall
be contingent on the appropriation of funds for that
expenditure, advance, or performance.
(2) Liability.--The Department of the Interior shall not be
liable for the failure to carry out any obligation or activity
authorized by this section if adequate appropriations are not
provided to carry out this section.
SEC. 8010. GOLD KING MINE SPILL RECOVERY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Claimant.--The term ``claimant'' means a State, Indian
tribe, or local government that submits a claim under
subsection (c).
(3) Gold king mine release.--The term ``Gold King Mine
release'' means the discharge on August 5, 2015, of
approximately 3,000,000 gallons of contaminated water from the
Gold King Mine north of Silverton, Colorado, into Cement Creek
that occurred while contractors of the Environmental Protection
Agency were conducting an investigation of the Gold King Mine
to assess mine conditions.
(4) National contingency plan.--The term ``National
Contingency Plan'' means the National Contingency Plan prepared
and published under part 300 of title 40, Code of Federal
Regulations (or successor regulations).
(5) Response.--The term ``response'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(b) Sense of Congress.--It is the sense of Congress that the
Administrator should receive and process, as expeditiously as possible,
claims under chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') for any injury arising out of
the Gold King Mine release.
(c) Gold King Mine Release Claims Pursuant to the 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
that 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 not inconsistent 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 not
inconsistent with the National Contingency
Plan.
(3) Presumption.--
(A) In general.--The Administrator shall consider
response costs claimed under paragraph (1) to be
eligible response costs if a reasonable basis exists to
establish that the response costs are not inconsistent
with the National Contingency Plan.
(B) Applicable standard.--In determining whether a
response cost is not inconsistent with the National
Contingency Plan, the Administrator shall apply the
same standard that the United States applies in seeking
recovery of the response costs of the United States
from responsible parties under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607).
(4) 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 that date
of enactment.
(B) Subsequently filed claims.--Not later than 90
days after the date on which a claim is submitted to
the Administrator, the Administrator shall make a
decision on, and pay, any eligible response costs.
(C) Deadline.--All claims under this subsection
shall be submitted to the Administrator not later than
180 days after the date of enactment of this Act.
(D) Notification.--Not later than 30 days after the
date on which the Administrator makes a decision under
subparagraph (A) or (B), the Administrator shall notify
the claimant of the decision.
(d) Water Quality Program.--
(1) In general.--In response to the Gold King Mine release,
the Administrator, in conjunction with affected States, Indian
tribes, and local governments, shall, subject to the
availability of appropriations, develop and implement a program
for long-term water quality monitoring of rivers contaminated
by the Gold King Mine release.
(2) Requirements.--In carrying out the program described in
paragraph (1), the Administrator, in conjunction with affected
States, Indian tribes, and local governments, shall--
(A) collect water quality samples and sediment
data;
(B) provide the public with a means of viewing the
water quality sample results and sediment data referred
to in subparagraph (A) by, at a minimum, posting the
information on the website of the Administrator;
(C) take any other reasonable measure necessary to
assist affected States, Indian tribes, and local
governments with long-term water monitoring; and
(D) carry out additional program activities related
to long-term water quality monitoring that the
Administrator determines to be necessary.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator such sums as may be
necessary 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 Administrator.
(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. 8011. REPORTS BY THE COMPTROLLER GENERAL.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct the following
reviews and submit to Congress reports describing the results of the
reviews:
(1) A review of the implementation and effectiveness of the
Columbia River Basin restoration program authorized under part
V of subtitle F of title VII.
(2) A review of the implementation and effectiveness of
watercraft inspection stations established by the Secretary
under section 104 of the River and Harbor Act of 1958 (33
U.S.C. 610) in preventing the spread of aquatic invasive
species at reservoirs operated and maintained by the Secretary.
SEC. 8012. 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;
(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 involving regional
bodies.
SEC. 8013. 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. 8014. USE OF TRAILER HOMES AT HEART BUTTE DAM AND RESERVOIR (LAKE
TSCHIDA).
(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed
structure added onto the structure of a trailer home that
increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or
recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper
hitch camper, fifth wheel camper, or equivalent mobile
shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means
a spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by
the Secretary authorizing the use of a lot in a trailer area.
(5) Permit year.--The term ``permit year'' means the period
beginning on April 1 of a calendar year and ending on March 31
of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person
holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of
the following areas at Heart Butte Dam and Reservoir (Lake
Tschida) (as described in the document of the Bureau of
Reclamation entitled ``Heart Butte Reservoir Resource
Management Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management
Unit 034.
(B) Southside Trailer Area, also known as
Management Unit 014.
(9) Trailer home.--The term ``trailer home'' means a
dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made
mobile, by an axle and wheels.
(b) Permit Renewal and Permitted Use.--
(1) In general.--The Secretary shall use the same permit
renewal process for trailer area permits as the Secretary uses
for other permit renewals in other reservoirs in the State of
North Dakota administered by the Dakotas Area Office of the
Bureau of Reclamation.
(2) Trailer homes.--With respect to a trailer home, a
permit for each permit year shall authorize the permittee--
(A) to park the trailer home on the lot;
(B) to use the trailer home on the lot;
(C) to physically move the trailer home on and off
the lot; and
(D) to leave on the lot any addition, deck, porch,
entryway, step to the trailer home, propane tank, or
storage shed.
(3) Campers or recreational vehicles.--With respect to a
camper or recreational vehicle, a permit shall, for each permit
year--
(A) from April 1 to October 31, authorize the
permittee--
(i) to park the camper or recreational
vehicle on the lot;
(ii) to use the camper or recreational
vehicle on the lot; and
(iii) to move the camper or recreational
vehicle on and off the lot; and
(B) from November 1 to March 31, require a
permittee to remove the camper or recreational vehicle
from the lot.
(c) Removal.--
(1) In general.--The Secretary may require removal of a
trailer home from a lot in a trailer area if the trailer home
is flooded after the date of enactment of this Act.
(2) Removal and new use.--If the Secretary requires removal
of a trailer home under paragraph (1), on request by the
permittee, the Secretary shall authorize the permittee--
(A) to replace the trailer home on the lot with a
camper or recreational vehicle in accordance with this
section; or
(B) to place a trailer home on the lot from April 1
to October 31.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee
transfers title to a trailer home permitted on a lot in a
trailer area, the Secretary shall issue a permit to the
transferee, under the same terms as the permit applicable on
the date of transfer, subject to the conditions described in
paragraph (3).
(2) Transfer of camper or recreational vehicle title.--If a
permittee who has a permit to use a camper or recreational
vehicle on a lot in a trailer area transfers title to the
interests of the permittee on or to the lot, the Secretary
shall issue a permit to the transferee, subject to the
conditions described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under
paragraph (1) or (2) shall be subject to the following
conditions:
(A) A permit may not be held in the name of a
corporation.
(B) A permittee may not have an interest in, or
control of, more than 1 seasonal trailer home site in
the Great Plains Region of the Bureau of Reclamation,
inclusive of sites located on tracts permitted to
organized groups on Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under
1 permit, unless--
(i) approved by the Secretary; or
(ii) the additional persons are immediate
family members of the permittees.
(e) Anchoring Requirements for Trailer Homes.--The Secretary shall
require compliance with appropriate anchoring requirements for each
trailer home (including additions to the trailer home) and other
objects on a lot in a trailer area, as determined by the Secretary,
after consulting with permittees.
(f) Replacement, Removal, and Return.--
(1) Replacement.--Permittees may replace their trailer home
with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home
under subparagraph (A), return the trailer home to the
lot of the permittee.
(g) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee or for
damages arising out of any act, omission, or occurrence
relating to a lot to which a permit applies, other than for
damages caused by an act or omission of the United States or an
employee, agent, or contractor of the United States before the
date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be a taking by the
United States.
TITLE IX--BLACKFEET WATER RIGHTS SETTLEMENT ACT
SEC. 9001. SHORT TITLE.
This title may be cited as the ``Blackfeet Water Rights Settlement
Act''.
SEC. 9002. PURPOSES.
The purposes of this title 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 title;
(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 title; and
(4) to authorize funds necessary for the implementation of
the Compact and this title.
SEC. 9003. DEFINITIONS.
In this title:
(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 title.
(3) Blackfeet irrigation project.--The term ``Blackfeet
Irrigation Project'' means the irrigation project authorized by
the matter under the heading ``MONTANA'' of title II of the Act
of March 1, 1907 (34 Stat. 1035, chapter 2285), and
administered by the Bureau of Indian Affairs.
(4) Compact.--The term ``Compact'' means--
(A) the Blackfeet-Montana water rights compact
dated April 15, 2009, as contained in section 85-20-
1501 of the Montana Code Annotated (2015); and
(B) any amendment or exhibit (including exhibit
amendments) to the Compact that is executed to make the
Compact consistent with this title.
(5) Enforceability date.--The term ``enforceability date''
means the date described in section 9020(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 title.
(11) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River
(including tributaries).
(12) MR&I system.--The term ``MR&I System'' means the
intake, treatment, pumping, storage, pipelines, appurtenant
items, and any other feature of the system, as generally
described in the document entitled ``Blackfeet Regional Water
System'', prepared by DOWL HKM, and dated June 2010, and
modified by DOWL HKM, as set out in the addendum to the report
dated March 2013.
(13) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(14) Reservation.--The term ``Reservation'' means the
Blackfeet Indian Reservation of Montana, as--
(A) established by the Treaty of October 17, 1855
(11 Stat. 657); and
(B) modified by--
(i) the Executive Order of July 5, 1873
(relating to the Blackfeet Reserve);
(ii) the Act of April 15, 1874 (18 Stat.
28, chapter 96);
(iii) the Executive order of August 19,
1874 (relating to the Blackfeet Reserve);
(iv) the Executive order of April 13, 1875
(relating to the Blackfeet Reserve);
(v) the Executive order of July 13, 1880
(relating to the Blackfeet Reserve);
(vi) the Agreement with the Blackfeet,
ratified by the Act of May 1, 1888 (25 Stat.
113, chapter 213); and
(vii) the Agreement with the Blackfeet,
ratified by the Act of June 10, 1896 (29 Stat.
353, chapter 398).
(15) St. mary river water right.--The term ``St. Mary River
water right'' means that portion of the Tribal water rights
described in article III.G.1.a.i. of the Compact and this
title.
(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 title, including--
(A) the Lake Elwell allocation provided to the
Tribe under section 9009; and
(B) the instream flow water rights described in
section 9019.
(21) Tribe.--The term ``Tribe'' means the Blackfeet Tribe
of the Blackfeet Indian Reservation of Montana.
SEC. 9004. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--As modified by this title, 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
title.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this title, 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 title precludes the
Secretary from approving any modification to an appendix or
exhibit to the Compact that is consistent with this title, 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
title, 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 title.
SEC. 9005. 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 title; 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 title; and
(2) shall not change any use until the date on which--
(A) the Tribe has entered into the agreement
described in subsection (c); or
(B) the Secretary has established the terms and
conditions described in subsection (e).
(c) Tribal Agreement.--
(1) In general.--In consultation with the Commissioner of
Reclamation and the Director of the Bureau of Indian Affairs,
the Tribe and the Fort Belknap Indian Community shall enter
into an agreement to provide for the exercise of their
respective water rights on the respective reservations of the
Tribe and the Fort Belknap Indian Community in the Milk River.
(2) Considerations.--The agreement entered into under
paragraph (1) shall take into consideration--
(A) the equal priority dates of the 2 Indian
tribes;
(B) the water supplies of the Milk River; and
(C) historical, current, and future uses identified
by each Indian tribe.
(d) Secretarial Determination.--
(1) In general.--Not later than 120 days after the date on
which the agreement described in subsection (c) is submitted to
the Secretary, the Secretary shall review and approve or
disapprove the agreement.
(2) Approval.--The Secretary shall approve the agreement if
the Secretary finds that the agreement--
(A) equitably accommodates the interests of each
Indian tribe in the Milk River;
(B) adequately considers the factors described in
subsection (c)(2); and
(C) is otherwise in accordance with applicable law.
(3) Deadline extension.--The deadline to review the
agreement described in paragraph (1) may be extended by the
Secretary after consultation with the Tribe and the Fort
Belknap Indian Community.
(e) Secretarial Decision.--
(1) In general.--If the Tribe and the Fort Belknap Indian
Community do not, by 3 years after the Secretary certifies
under section 9020(f)(5) that the Tribal membership has
approved the Compact and this title, enter into an agreement
approved under subsection (d)(2), the Secretary, in the
Secretary's sole discretion, shall establish, after
consultation with the Tribe and the Fort Belknap Indian
Community, terms and conditions that reflect the considerations
described in subsection (c)(2) by which the respective water
rights of the Tribe and the Fort Belknap Indian Community in
the Milk River may be exercised.
(2) Consideration as final agency action.--The
establishment by the Secretary of terms and conditions under
paragraph (1) shall be considered to be a final agency action
for purposes of review under chapter 7 of title 5, United
States Code.
(3) Judicial review.--An action for judicial review
pursuant to this section shall be brought by not later than the
date that is 1 year after the date of notification of the
establishment of the terms and conditions under this
subsection.
(4) Incorporation into decrees.--The agreement under
subsection (c), or the decision of the Secretary under this
subsection, shall be filed with the Montana Water Court, or the
district court with jurisdiction, for incorporation into the
final decrees of the Tribe and the Fort Belknap Indian
Community.
(5) Effective date.--The agreement under subsection (c) and
a decision of the Secretary under this subsection--
(A) shall be effective immediately; and
(B) may not be modified absent--
(i) the approval of the Secretary; and
(ii) the consent of the Tribe and the Fort
Belknap Indian Community.
(f) Use of Funds.--The Secretary shall distribute equally the funds
made available under section 9018(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. 9006. 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 9016 and subsection
(a)(1)(C) of section 9018.
(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 title.
(3) Requirements.--The water delivery contract under
paragraph (1) shall include provisions requiring that--
(A) the contract shall be without limit as to term;
(B) the Tribe, and not the United States, shall
collect, and shall be entitled to, all consideration
due to the Tribe under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (f);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribe as
consideration under any lease, contract, or
agreement entered into by the Tribe pursuant to
subsection (f); or
(ii) the expenditure of such funds;
(D) if water deliveries under the contract are
interrupted for an extended period of time because of
damage to, or a reduction in the capacity of, St. Mary
Unit facilities, the rights of the Tribe shall be
treated in the same manner as the rights of other
contractors receiving water deliveries through the Milk
River Project with respect to the water delivered under
this section;
(E) deliveries of water under this section shall
be--
(i) limited to not greater than 5,000 acre-
feet of water in any 1 year;
(ii) consistent with operations of the Milk
River Project and without additional costs to
the Bureau of Reclamation, including operation,
maintenance, and replacement 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 9007(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 9015(e).
(2) Compliance with other law.--All subcontracts described
in paragraph (1) shall comply with--
(A) this title;
(B) the Compact;
(C) the tribal water code; and
(D) other applicable law.
(3) No liability.--The Secretary shall not be liable to any
party, including the Tribe, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(g) Effect of Provisions.--Nothing in this section--
(1) precludes the Tribe from taking the water described in
subsection (c)(3)(E)(i), or any additional water provided under
subsection (e), from the direct flow of the St. Mary River; or
(2) modifies the quantity of the Tribal water rights
described in article III.G.1 of the Compact.
(h) Other Rights.--Notwithstanding the requirements of article
III.G.1.d of the Compact, after satisfaction of all water rights under
State law for use of St. Mary River water, including the Milk River
Project water rights, the Tribe shall have the right to the remaining
portion of the share of the United States in the St. Mary River under
the International Boundary Waters Treaty of 1909 (36 Stat. 2448) for
any tribally authorized use or need consistent with this title.
SEC. 9007. 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 9006, together
with any use by the Tribe of that water in accordance with this title--
(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 paragraph
(1) and such other information as is relevant,
to evaluate the feasibility of--
(I) alternatives for the
rehabilitation of the St. Mary
Diversion Dam and Canal; and
(II) increased storage in Fresno
Dam and Reservoir; and
(ii) to create a cost allocation study that
is based on the authorized purposes described
in subsections (a) and (b).
(2) Cooperative agreement.--On request of the Tribe, the
Secretary shall enter into a cooperative agreement with the
Tribe with respect to the portion of the appraisal study
described in paragraph (1)(A).
(3) Costs nonreimbursable.--The cost of the studies under
this subsection shall not be--
(A) considered to be a cost of the Milk River
Project; or
(B) reimbursable in accordance with the reclamation
laws.
(d) Swiftcurrent Creek Bank Stabilization.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the Commissioner
of Reclamation, shall carry out appropriate activities
concerning the Swiftcurrent Creek Bank Stabilization Project,
including--
(A) a review of the final project design; and
(B) value engineering analyses.
(2) Modification of final design.--Prior to beginning
construction activities for the Swiftcurrent Creek Bank
Stabilization Project, on the basis of the review conducted
under paragraph (1), the Secretary shall negotiate with the
Tribe appropriate changes, if any, to the final design--
(A) to ensure compliance with applicable industry
standards;
(B) to improve the cost-effectiveness of the
Swiftcurrent Creek Bank Stabilization Project; and
(C) to ensure that the Swiftcurrent Creek Bank
Stabilization Project may be constructed using only the
amounts made available under section 9018.
(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 3 individuals determine the
location, nature, and extent of existing uses necessary
for the operation and maintenance of the Milk River
Project (the ``Panel Determination''), with the Tribe
appointing 1 representative of the Tribe, the Secretary
appointing 1 representative of the Secretary, and those
2 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 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. 9008. ST. MARY CANAL HYDROELECTRIC POWER GENERATION.
(a) Bureau of Reclamation Jurisdiction.--Effective beginning on the
date of enactment of this title, the Commissioner of Reclamation shall
have exclusive jurisdiction to authorize the development of hydropower
on the St. Mary Unit.
(b) Rights of Tribe.--
(1) Exclusive right of tribe.--Subject to paragraph (2) and
notwithstanding any other provision of law, the Tribe shall
have the exclusive right to develop and market hydroelectric
power of the St. Mary Unit.
(2) Limitations.--The exclusive right described in
paragraph (1)--
(A) shall expire on the date that is 15 years after
the date of enactment of an Act appropriating funds for
rehabilitation of the St. Mary Unit; but
(B) may be extended by the Secretary at the request
of the Tribe.
(3) OM&R costs.--Effective beginning on the date that is 10
years after the date on which the Tribe begins marketing
hydroelectric power generated from the St. Mary Unit to any
third party, the Tribe shall make annual payments for
operation, maintenance, and replacement 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 operation, maintenance, and replacement 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. 9009. STORAGE ALLOCATION FROM LAKE ELWELL.
(a)(1) Storage Allocation to Tribe.--The Secretary shall allocate
to the Tribe 45,000 acre-feet per year of water stored in Lake Elwell
for use by the Tribe for any beneficial purpose on or off the
Reservation, under a water right held by the United States and managed
by the Bureau of Reclamation, as measured at the outlet works of Tiber
Dam or through direct pumping from Lake Elwell.
(2) Reduction.--Up to 10,000 acre-feet per year of water allocated
to the Tribe pursuant to paragraph (1) will be subject to an acre-foot
for acre-foot reduction if depletions from the Tribal water rights
above Lake Elwell exceed 88,000 acre-feet per year of water because of
New Development (as defined in article II.37 of the Compact).
(b) Treatment.--
(1) In general.--The allocation to the Tribe under
subsection (a) shall be considered to be part of the Tribal
water rights.
(2) Priority date.--The priority date of the allocation to
the Tribe under subsection (a) shall be the priority date of
the Lake Elwell water right held by the Bureau of Reclamation.
(3) Administration.--The Tribe shall administer the water
allocated under subsection (a) in accordance with the Compact
and this title.
(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 title.
(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 title or the allocation
agreement, except for each acre-foot of stored water
leased or transferred for industrial purposes as
described in subparagraph (H);
(H) for each acre-foot of stored water leased or
transferred by the Tribe for industrial purposes--
(i) the Tribe shall pay annually to the
United States an amount necessary to cover the
proportional share of the annual operation,
maintenance, and replacement 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 operation, maintenance, and
replacement 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. 9010. IRRIGATION ACTIVITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation and in
accordance with subsection (c), shall carry out the following actions
relating to the Blackfeet Irrigation Project:
(1) Deferred maintenance.
(2) Dam safety improvements for Four Horns Dam.
(3) Rehabilitation and enhancement of the Four Horns Feeder
Canal, Dam, and Reservoir.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activities carried out under this section.
(c) Scope of Deferred Maintenance Activities and Four Horns Dam
Safety Improvements.--
(1) In general.--Subject to the conditions described in
paragraph (2), the scope of the deferred maintenance activities
and Four Horns Dam safety improvements shall be as generally
described in--
(A) the document entitled ``Engineering Evaluation
and Condition Assessment, Blackfeet Irrigation
Project'', prepared by DOWL HKM, and dated August 2007;
and
(B) the provisions relating to Four Horns
Rehabilitated Dam of the document entitled ``Four Horns
Dam Enlarged Appraisal Evaluation Design Report'',
prepared by DOWL HKM, and dated April 2007.
(2) Conditions.--The conditions referred to in paragraph
(1) are that, before commencing construction activities, the
Secretary shall--
(A) review the design of the proposed
rehabilitation or improvement;
(B) perform value engineering analyses;
(C) perform appropriate Federal environmental
compliance activities; and
(D) ensure that the deferred maintenance activities
and dam safety improvements may be constructed using
only the amounts made available under section 9018.
(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 9018.
(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 shall not exceed $54,900,000, of
which--
(1) $40,900,000 shall be allocated to carry out the
activities described in subsection (c); and
(2) $14,000,000 shall be allocated to carry out the
activities described in subsection (d)(2).
(f) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(g) Non-Federal Contribution.--No part of the project under
subsection (d) shall be commenced until the State has made available
$20,000,000 to carry out the activities described in subsection (d)(2).
(h) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under subsection
(m), subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total project costs for each project.
(i) Project Efficiencies.--If the total cost of planning, design,
and construction activities relating to the projects described in this
section results in cost savings and is less than the amounts authorized
to be obligated, the Secretary, at the request of the Tribe, may--
(1) use those cost savings to carry out a project described
in section 9007(d), 9011, 9012, or 9013; 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 9018.
SEC. 9011. DESIGN AND CONSTRUCTION OF MR&I SYSTEM.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Commissioner of Reclamation, shall plan,
design, and construct the water diversion and delivery features of the
MR&I System in accordance with 1 or more agreements between the
Secretary and the Tribe.
(b) Lead Agency.--The Bureau of Reclamation shall serve as the lead
agency with respect to any activity to design and construct the water
diversion and delivery features of the MR&I System.
(c) Scope.--
(1) In general.--The scope of the design and construction
under this section shall be as generally described in the
document entitled ``Blackfeet Regional Water System'', prepared
by DOWL HKM, dated June 2010, and modified by DOWL HKM in the
addendum to the report dated March 2013, subject to the
condition that, before commencing final design and construction
activities, the Secretary shall--
(A) review the design of the proposed
rehabilitation and construction;
(B) perform value engineering analyses; and
(C) perform appropriate Federal compliance
activities.
(2) Negotiation with tribe.--On the basis of the review
described in paragraph (1)(A), the Secretary shall negotiate
with the Tribe appropriate changes, if any, to the final
design--
(A) to ensure that the final design meets
applicable industry standards;
(B) to improve the cost-effectiveness of the
delivery of MR&I System water; and
(C) to ensure that the MR&I System may be
constructed using only the amounts made available under
section 9018.
(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 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 operation, maintenance, or replacement 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 9007(d), 9010, 9011(a), 9012, or 9013; or
(2) deposit those cost savings to the Blackfeet OM&R Trust
Account.
(k) Applicability of ISDEAA.--At the request of the Tribe, and in
accordance with the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more
agreements with the Tribe to carry out this section.
SEC. 9012. 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
title; 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
9018.
(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 shall not exceed $87,300,000.
(f) Ownership by Tribe.--Title to all facilities rehabilitated or
constructed under this section shall be held by the Tribe, except that
title to the Birch Creek Unit of the Blackfeet Indian Irrigation
Project shall remain with the Bureau of Indian Affairs.
(g) Administration.--The Commissioner of Reclamation and the Tribe
shall negotiate the cost of any oversight activity carried out by the
Bureau of Reclamation under any agreement entered into under this
section, subject to the condition that the total cost for the oversight
shall not exceed 4 percent of the total costs incurred under this
section.
(h) OM&R Costs.--The Federal Government shall have no obligation to
pay for the operation, maintenance, or replacement 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 9007(d), 9010, 9011, or 9013; 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. 9013. 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
title; 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 shall not exceed $91,000,000.
(d) OM&R Costs.--The Federal Government shall have no obligation to
pay for the operation, maintenance, or replacement 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. 9014. 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 9010 and
9011.
(2) Jurisdiction.--An easement or right-of-way granted by
the Tribe pursuant to paragraph (1) shall not affect in any
respect the civil or criminal jurisdiction of the Tribe over
the easement or right-of-way.
(b) Landowner Easements and Rights-of-Way.--In partial
consideration for the construction activities authorized by section
9011, 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 title shall be held in trust by the
United States for the benefit of the Tribe.
SEC. 9015. 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
title.
(3) Conflict.--In the event of a conflict between the
Compact and this title, the provisions of this title 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
title, taking into consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and this
title;
(2) the availability of funding under this title 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 title 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 title; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or any other
applicable law, an allottee shall exhaust remedies
available under the tribal water code or other
applicable tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the tribal water code or other
applicable tribal law, an allottee may seek relief
under section 7 of the Act of February 8, 1887 (25
U.S.C. 381), or other applicable law.
(5) Authority of secretary.--The Secretary shall have the
authority to protect the rights of allottees in accordance with
this section.
(e) Authority of Tribe.--
(1) In general.--The Tribe shall have the authority to
allocate, distribute, and lease the Tribal water rights for any
use on the Reservation in accordance with the Compact, this
title, 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 title, 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 title; 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 title.
(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 title, including the provision of
water under any allottee lease under section 4 of the
Act of June 25, 1910 (25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Tribe of any request by an
allottee (or a successor in interest to an allottee)
for an allocation of water for irrigation purposes on
allotted land, including a process for--
(i) appeal and adjudication of any denied
or disputed distribution of water; and
(ii) resolution of any contested
administrative decision; and
(D) a requirement that any allottee asserting a
claim relating to the enforcement of rights of the
allottee under the tribal water code, or to the
quantity of water allocated to land of the allottee,
shall exhaust all remedies available to the allottee
under tribal law before initiating an action against
the United States or petitioning the Secretary pursuant
to subsection (d)(4)(B).
(3) Action by secretary.--
(A) In general.--During the period beginning on the
date of enactment of this title 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 title.
(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 title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title 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 title--
(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. 9016. 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.
(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 9018(a)(1)(A);
(2) in the OM&R Account, the amount made available pursuant
to section 9018(a)(1)(B);
(3) in the St. Mary Account, the amount made available
pursuant to section 9018(a)(1)(C); and
(4) in the Blackfeet Water, Storage, and Development
Projects Account, the amount made available pursuant to section
9018(a)(1)(D).
(d) 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 (i).
(e) 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--
(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.
(f) 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
title 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 title.
(g) 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 title.
(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 title.
(h) 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 title.
(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 title.
(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 title.
(i) 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 title and the Compact.
(2) The OM&R Account shall be used to assist the Tribe in
paying OM&R costs.
(3) The St. Mary Account shall be distributed pursuant to
an expenditure plan approved under subsection (g), subject to
the conditions that--
(A) during the period for which the amount is
available and held by the Secretary, $500,000 shall be
distributed to the Tribe annually as compensation for
the deferral of the St. Mary water right; and
(B) any additional amounts deposited in the account
may be withdrawn and used by the Tribe to pay OM&R
costs or other expenses for 1 or more projects to
benefit the Tribe, as approved by the Secretary,
subject to the requirement that the Secretary shall not
approve an expenditure plan under this paragraph unless
the Tribe provides a resolution of the tribal council--
(i) approving the withdrawal of the funds
from the account; and
(ii) acknowledging that the Secretary will
not be able to distribute funds under
subparagraph (A) indefinitely if the principal
funds in the account are reduced.
(4) The Blackfeet Water, Storage, and Development Projects
Account shall be used to carry out section 9013.
(j) 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).
(k) No Per Capita Distributions.--No portion of the Trust Fund
shall be distributed on a per capita basis to any member of the Tribe.
(l) 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. 9017. 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 title.
(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
9018(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 9018(a)(2)(B); and
(3) in the St. Mary/Milk Water Management and Activities
Fund, the amount made available pursuant to section
9018(a)(2)(C).
(d) 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 (e).
(e) 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 9011 and 9012.
(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
9010.
(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 9005 and 9007.
(f) Management.--Amounts in the Implementation Fund shall not be
available to the Secretary for expenditure until the enforceability
date.
SEC. 9018. 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 9016(b)(1), $28,900,000;
(B) for deposit in the OM&R Account of the
Blackfeet Settlement Trust Fund established under
section 9016(b)(2), $27,760,000;
(C) for deposit in the St. Mary Account of the
Blackfeet Settlement Trust Fund established under
section 9016(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
9016(b)(4), $91,000,000; and
(E) such sums not to exceed 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
9017(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 9017(b)(2), $54,900,000, of
which--
(i) $40,900,000 shall be made available for
activities and projects under section 9010(c);
and
(ii) $14,000,000 shall be made available
for activities and projects under section
9010(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 9017(b)(3), $28,100,000, of which--
(i) $27,600,000 shall be allocated in
accordance with section 9007(g); and
(ii) $500,000 shall be used to carry out
section 9005; and
(D) such sums not to exceed 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. 9019. 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. 9020. 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 (d), as consideration for
recognition of the Tribal water rights and other benefits as
described in the Compact and this title, 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 title.
(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 (d), as
consideration for recognition of the Tribal water rights and
other benefits as described in the Compact and this title, the
United States, acting as trustee for allottees, shall execute a
waiver and release of all claims for water rights within the
Reservation that the United States, acting as trustee for the
allottees, asserted or could have asserted in any proceeding,
including a State stream adjudication, on or before the
enforceability date, except to the extent that such rights are
recognized in the Compact and this title.
(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 title;
(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 title;
(B) reserved in subsections (b) through (d) of
section 6 of the settlement for the case styled
Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl.
2012); and
(C) that first accrued at any time on or before the
enforceability date--
(i) arising from the taking or acquisition
of the land of the Tribe or resources for the
construction of the features of the St. Mary
Unit of the Milk River Project;
(ii) relating to the construction,
operation, and maintenance of the St. Mary Unit
of the Milk River Project, including Sherburne
Dam, St. Mary Diversion Dam, St. Mary Canal and
associated infrastructure, and the management
of flows in Swiftcurrent Creek, including the
diversion of Swiftcurrent Creek into Lower St.
Mary Lake;
(iii) relating to the construction,
operation, and management of Lower Two Medicine
Dam and Reservoir and Four Horns Dam and
Reservoir, including any claim relating to the
failure to provide dam safety improvements for
Four Horns Reservoir; or
(iv) relating to the allocation of waters
of the Milk River and St. Mary River (including
tributaries) between the United States and
Canada pursuant to the International Boundary
Waters Treaty of 1909 (36 Stat. 2448).
(b) Effectiveness.--The waivers and releases under subsection (a)
shall take effect on the enforceability date.
(c) Withdrawal of Objections.--The Tribe shall withdraw all
objections to the water rights claims filed by the United States for
the benefit of the Milk River Project, except objections to those
claims consolidated for adjudication within Basin 40J, within 14 days
of the certification under subsection (f)(5) that the Tribal membership
has approved the Compact and this title.
(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
paragraphs (1) through (8) of subsection (f) are not satisfied
by the date of expiration described in section 9023 of this
title.
(2) If the conditions of enforceability in paragraphs (1)
through (8) of subsection (f) 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 title;
(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 title; and
(3) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
title or the Compact.
(e) Effect of Compact and Act.--Nothing in the Compact or this
title--
(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 9018(a) have been
appropriated;
(3) the agreements required by sections 9006(c), 9007(f),
and 9009(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 title to the Tribe under the Compact, the
Birch Creek Agreement, and this title;
(5) the members of the Tribe have voted to approve this
title and the Compact by a majority of votes cast on the day of
the vote, as certified by the Secretary and the Tribe;
(6) the Secretary has fulfilled the requirements of section
9009(a);
(7) the agreement or terms and conditions referred to in
section 9005 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 title and ending on the date on which
the amounts made available to carry out this title 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 title.
(h) Expiration.--If all appropriations authorized by this title
have not been made available to the Secretary by January 21, 2026, 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 9004 shall no longer be effective;
(2) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this title,
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
title 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 title 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. 9021. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribe under this
title 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 9020(a); and
(2) objections withdrawn pursuant to section 9020(c).
(b) Allottee Claims.--The benefits realized by the allottees under
this title shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims waived and released pursuant to section
9020(a)(2); and
(2) any claim of an allottee against the United States
similar in nature to a claim described in section 9020(a)(2)
that the allottee asserted or could have asserted.
SEC. 9022. 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 title waives
the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this title
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 title 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
the 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 title 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 title 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 title shall achieve an irrigation efficiency of not less
than 50 percent.
(h) Birch Creek Agreement Approval.--The Birch Creek Agreement is
approved to the extent that the Birch Creek Agreement requires approval
under section 2116 of the Revised Statutes (25 U.S.C. 177).
(i) Limitation on Effect.--Nothing in this title 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. 9023. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE.
If the Secretary fails to publish a statement of findings under
section 9020(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 title 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 title shall be void;
(3) any amounts made available under section 9018, 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 9016(e)(2) if
the Montana Water Court denies the Tribe's request to reinstate
the objections in section 9020(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 title; and
(B) any funds made available to carry out the
activities authorized by this title from other
authorized sources, except for any funds provided under
section 9016(e)(2) if the Montana Water court denies
the Tribe's request to reinstate the objections in
section 9020(c).
SEC. 9024. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this title (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 title; or
(2) there are not enough monies available to carry out the
purposes of this title 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)).
Passed the Senate September 15, 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 2848
_______________________________________________________________________
AN ACT
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.