Text: S.1289 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (05/25/2017)


115th CONGRESS
1st Session
S. 1289


To amend the Federal Water Pollution Control Act to exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of dredged or fill material, and for other purposes.


IN THE SENATE OF THE UNITED STATES

May 25, 2017

Mr. Sullivan (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To amend the Federal Water Pollution Control Act to exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of dredged or fill material, 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. Exemption from compensatory mitigation requirements.

(a) In general.—Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following:

“(u) Indian tribes.—

“(1) DEFINITIONS.—In this subsection:

“(A) INDIAN LAND.—The term ‘Indian land’ means land owned by, operated by, or otherwise belonging to an Indian tribe.

“(B) 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).

“(C) PERMITTED ACTIVITY.—The term ‘permitted activity’ means a discharge of dredged or fill material for which a permit is issued under this section.

“(2) EXEMPTION FROM COMPENSATORY MITIGATION REQUIREMENTS.—Notwithstanding any other provision of law, an Indian tribe that applies for a permit for a permitted activity to be conducted on Indian land shall not be required to provide any form of compensatory mitigation as a condition of the permit.

“(3) EVALUATION OF INDIAN TRIBE PERMIT APPLICATION.—In evaluating a permit application submitted by an Indian tribe to carry out a permitted activity on Indian land, the Secretary may not take into account the nonavailability of compensatory mitigation under the exemption provided by paragraph (2).

“(4) SITUATIONS IN WHICH AN INDIAN TRIBE CEASES TO MAINTAIN PERMITTED ACTIVITY.—If an Indian tribe described in paragraph (2) ceases to maintain the permitted activity on Indian land or seeks to abandon the permitted activity without a good faith transfer, the Indian tribe shall obtain a permit modification from the Secretary, which may require restoration and rehabilitation of the area.

“(5) EFFECT.—The exemption described in paragraph (2) shall not affect the applicability of any other requirement under this Act to an Indian tribe or Indian land, including any requirement to avoid and minimize adverse impacts to wetlands, streams, and other aquatic resources.”.

(b) Applicability.—The amendment made by subsection (a) shall apply to permits issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.