TEXT OF AMENDMENTS
(Senate - September 12, 2016)

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[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[Pages S5506-S5582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5008. Mr. DONNELLY submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       On page 233, strike lines 13 through 17 and insert the 
     following:
       ``(1) $500,000,000 for fiscal year 2017;
       ``(2) $600,000,000 for fiscal year 2018;
       ``(3) $700,000,000 for fiscal year 2019;
       ``(4) $800,000,000 for fiscal year 2020; and
       ``(5) $1,000,000,000 for fiscal year 2021.
                                 ______
                                 
  SA 5009. Mr. INHOFE (for Mr. Perdue (for himself and Mr. Isakson)) 
submitted an amendment intended to be proposed to amendment SA 4979 
proposed by Mr. McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) 
to the bill S. 2848, 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; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8___. WETLAND DELINEATIONS.

       Notwithstanding any other provision of law, the Secretary 
     may not reevaluate or revise any jurisdictional determination 
     for wetland delineations for the Atlantic and Gulf Coast 
     region that was valid as of January 1, 2008, or that has an 
     effective approval date of January 1, 2008, through December 
     31, 2014.
                                 ______
                                 
  SA 5010. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       Beginning on page 270, strike line 18 and all that follows 
     through page 272, line 2, and insert the following:

[[Page S5507]]

       (b) 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''.
       (c) Consultation.--Section 9 of the Water Desalination Act 
     of 1996 (42 U.S.C. 10301 note; Public Law
                                 ______
                                 
  SA 5011. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       In section 7307(a), strike ``Administrator, in conjunction 
     with the Secretary of the Interior,'' and insert ``Secretary 
     of the Interior, in conjunction with''.
                                 ______
                                 
  SA 5012. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of section 5001, add the following:
       (i) Project Deauthorizations.--Section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)) is amended--
       (1) in the first sentence, by striking ``every year after 
     the transmittal of the list under paragraph (1)'' and 
     inserting ``not later than October 1 of each fiscal year''; 
     and
       (2) by adding at the end the following: ``If the Secretary 
     fails to submit to Congress the list of projects by October 1 
     of any fiscal year, no Federal funds made available to the 
     Secretary for the fiscal year shall be expended for 
     nonessential travel expenses of employees of the Corps of 
     Engineers, as determined by the Secretary, until the date on 
     which the list is submitted to Congress in accordance with 
     this paragraph.''.
                                 ______
                                 
  SA 5013. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       Strike section 2011 (relating to harbor deepening).
                                 ______
                                 
  SA 5014. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

        TITLE IX--LOW PRIORITY STUDIES AND CONSTRUCTION FUNDING

     SEC. 9001. LOW PRIORITY STUDIES AND CONSTRUCTION FUNDING.

       Notwithstanding any other provision of this Act, in 
     accordance with the budget of the President for fiscal year 
     2017, the Secretary may use for low priority studies and 
     construction of Corps of Engineers projects during fiscal 
     year 2017 an amount not more than $1,175,000,000.
                                 ______
                                 
  SA 5015. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 60__. CONSTRUCTION OF NEW WATER RESOURCES PROJECTS.

       (a) In General.--Section 7001 of the Water Resources Reform 
     and Development Act of 2014 (33 U.S.C. 2282d) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Recommendations.--
       ``(1) In general.--As part of the report under subsection 
     (a), the Secretary shall include a list of projects based on 
     the satisfaction of the criteria under paragraph (2).
       ``(2) Criteria.--A project under this subsection shall be a 
     project for which--
       ``(A) a feasibility study or major decision document has 
     been prepared--
       ``(i) after the date of enactment of the Water Resources 
     Development Act of 2016; and
       ``(ii) prior to the date on which the report under 
     subsection (a) is submitted to Congress; and
       ``(B) a report of the Chief of Engineers has been completed 
     prior to the date on which the report under subsection (a) is 
     submitted to Congress that determines that the project--
       ``(i) is in the national interest;
       ``(ii) results in a benefit to cost ratio of not less than 
     2 to 1, exclusive of any environmental restoration 
     activities;
       ``(iii) complies with applicable Federal environmental law 
     (including regulations); and
       ``(iv) is technically feasible.
       ``(3) Certain projects.--The list under paragraph (1) shall 
     also include a list of projects that, in the aggregate, have 
     a cost of greater than twice the average amount of funds 
     appropriated for construction for the Corps of Engineers for 
     the previous 3 fiscal years.''.
       (b) Conforming Amendment.--Subsection (a)(2)(A) of section 
     204 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2232) (as amended by section 1020(3)) is amended by striking 
     ``section 7001(f)'' and inserting ``section 7001(g)''.
                                 ______
                                 
  SA 5016. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 60__. CONSTRUCTION OF NEW WATER RESOURCES PROJECTS.

       (a) In General.--Notwithstanding any other provision of law 
     and subject to subsections (b) and (c), once every 2-year 
     congressional period, the Secretary may 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 not more 
     than 9 new water resources project that the Secretary 
     recommends for construction.
       (b) Criteria.--The Secretary shall only recommend a project 
     in the report under subsection (a) if--
       (1) a feasibility study or major decision document has been 
     prepared for the project--
       (A) after the date of enactment of this Act; and
       (B) prior to the date on which the report under subsection 
     (a) is submitted to Congress; and
       (2) a report of the Chief of Engineers has been completed 
     for the project prior to the date on which the report under 
     subsection (a) is submitted to Congress that determines that 
     the project--
       (A) is in the national interest;
       (B) results in a benefit to cost ratio of not less than 2 
     to 1, exclusive of any environmental restoration activities;
       (C) complies with applicable Federal environmental law 
     (including regulations); and
       (D) is technically feasible.
       (c) Limitations.--The Secretary shall not include in the 
     report under subsection (a)--
       (1) more than 2 new construction projects that are located 
     in any 1 division of the Corps of Engineers;
       (2) any project that is the result of 2 or more combined 
     construction projects; or
       (3) any project for which a feasibility study or major 
     decision document was completed more than 10 years prior to 
     date on which the report under subsection (a) is submitted.
       (d) Contents of Report.--The report under subsection (a) 
     shall--
       (1) for each project, explain the methodology used by the 
     Secretary to determine that the project meets the criteria 
     under subsection (b); and
       (2) for each division of the Corps of Engineers, explain 
     the methodology and criteria used by the Secretary in 
     selecting the 1 or more projects from that division for 
     inclusion in the report over other projects in the

[[Page S5508]]

     division that meet the criteria under subsection (b).
       (e) Public Participation.--The report under subsection (a) 
     shall be made available to the public, including on the 
     Internet.
       (f) Administration.--The Secretary shall not be authorized 
     to carry out any project included in the report under 
     subsection (a) unless the project is explicitly authorized by 
     an Act of Congress during the 2-year period described in 
     subsection (a).
       (g) Exemptions.--This section shall not apply to any water 
     resources construction project that is authorized under a 
     provision designated as an emergency requirement pursuant to 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
                                 ______
                                 
  SA 5017. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of section 5001, add the following:
       (i) Project Deauthorizations.--Section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)) is amended, in the first sentence--
       (1) by inserting ``(including environmental infrastructure 
     projects)'' after ``list of projects''; and
       (2) by striking ``such list'' and inserting ``the list, or, 
     in the case of environmental infrastructure projects, during 
     the 3 full fiscal years preceding the transmittal of the 
     list''.
                                 ______
                                 
  SA 5018. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 4____. PROHIBITION ON USE OF FEDERAL FUNDS FOR BEACH 
                   NOURISHMENT ACTIVITIES.

       Notwithstanding any other provision of law, the Secretary 
     or the Administrator of the Environmental Protection Agency 
     shall not use Federal funds for the conduct of beach 
     nourishment activities (other than for the conduct of beach 
     nourishment activities in areas with a high risk of flooding 
     in which the Secretary or the Administrator of the 
     Environmental Protection Agency determines beach nourishment 
     activities to be necessary).
                                 ______
                                 
  SA 5019. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       On page 207, strike lines 1 through 10 and insert the 
     following:
       ``(4) Cost sharing.--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.
                                 ______
                                 
  SA 5020. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       On page 202, strike lines 7 through 14 and insert the 
     following:
       ``(h) Authorization of Appropriations.--There
                                 ______
                                 
  SA 5021. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80__. PROTECTION OF CONGRESSIONAL OVERSIGHT.

       Notwithstanding any other provision of law, the Secretary 
     or the Administrator of the Environmental Protection Agency 
     may not enter into an agreement related to resolving a 
     dispute or claim with an individual that would restrict in 
     any way the individual from speaking to members of Congress 
     or their staff on any topic not otherwise prohibited from 
     disclosure by Federal law.
                                 ______
                                 
  SA 5022. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       Strike section 1009 and insert the following:

     SEC. 1009. PROJECT COMPLETION.

       (a) In General.--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.
       (b) GAO Review and Report.--
       (1) In general.--Not later than 1 year 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 describing the results of the review, 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).
       (2) Focus of review.--The review under paragraph (1) shall 
     focus on the extent to which the projects described in that 
     paragraph--
       (A) fall within the mission of the Corps of Engineers;
       (B) have been determined to meet an important national 
     priority; and
       (C) have experienced cost overruns and the reasons for any 
     cost overruns.
                                 ______
                                 
  SA 5023. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       Strike section 1007 (relating to a challenge cost-sharing 
     program for management of recreation facilities).

                                 ______
                                 
  SA 5024. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 10__. MODIFICATION OF CORPS OF ENGINEERS CRITERIA TO 
                   DREDGE SMALL PORTS.

       (a) Minimum Tonnage Requirement.--Notwithstanding any other 
     provision of law (including regulations), effective beginning 
     on the date of enactment of this Act, the tonnage requirement 
     with respect to the consideration of dredging of small ports 
     by the Corps of Engineers shall be a minimum of 500,000 tons, 
     as calculated in accordance with subsection (b).
       (b) Calculation.--For purposes of subsection (a) and any 
     other activity of the Corps of Engineers carried out on or 
     after the date of enactment of this Act, tonnage shall be 
     calculated by each relevant port authority and submitted to 
     the Corps of Engineers.

[[Page S5509]]

  

                                 ______
                                 
  SA 5025. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1___. 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'') or the 
     Water Supply Act of 1958 (43 U.S.C. 390b) if the contract is 
     for surplus water stored in the Lake Cumberland Watershed, 
     Kentucky and Tennessee .
       (b) Offset.--
       (1) In general.--Subject to paragraph (2), of any amounts 
     made available to the Secretary by title I of division D of 
     the Consolidated Appropriations Act, 2016 (Public Law 114-
     113; 129 Stat. 2397) to carry out activities under the 
     heading ``operation and maintenance'' under the heading 
     ``Corps of Engineers--Civil'' that remain unobligated as of 
     the date of enactment of this Act, $5,000,000 is rescinded.
       (2) Restriction.--No amounts that have been designated by 
     Congress as being for emergency requirements pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall 
     be rescinded under paragraph (1).
       (c) Termination.--The limitation under subsection (a) shall 
     expire on the date that is 10 years after the date of 
     enactment of this Act.
       (d) 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).
                                 ______
                                 
  SA 5026. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1___. 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) Offset.--
       (1) In general.--Subject to paragraph (2), of any amounts 
     made available to the Secretary by title I of division D of 
     the Consolidated Appropriations Act, 2016 (Public Law 114-
     113; 129 Stat. 2397) to carry out activities under the 
     heading ``operation and maintenance'' under the heading 
     ``Corps of Engineers--Civil'' that remain unobligated as of 
     the date of enactment of this Act, $5,000,000 is rescinded.
       (2) Restriction.--No amounts that have been designated by 
     Congress as being for emergency requirements pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall 
     be rescinded under paragraph (1).
       (c) Termination.--The limitation under subsection (a) shall 
     expire on the date that is 10 years after the date of 
     enactment of this Act.
       (d) 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; or
       (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'') to surplus water stored 
     outside of the Lake Cumberland Watershed, Kentucky and 
     Tennessee.
                                 ______
                                 
  SA 5027. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 10__. ENVIRONMENTAL REVIEW OF ENERGY EXPORT FACILITIES.

       To the extent that the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) applies to the issuance of a 
     permit for the construction, operation, or maintenance of a 
     facility for the export of bulk commodities (including any 
     permit denied by the Corps of Engineers in a letter dated May 
     9, 2016), the permit shall not be considered denied until 
     each applicable Federal agency has completed all reviews 
     required for the facility under that Act.
                                 ______
                                 
  SA 5028. Mr. GARDNER (for himself, Mr. Udall, Mr. Bennet, Mr. Hatch, 
Mr. Heinrich, and Mr. McCain) submitted an amendment intended to be 
proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe 
(for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8____. 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 any person who submits a claim under subsection 
     (c).
       (3) Gold king mine spill.--The term ``Gold King Mine 
     spill'' 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.
       (4) National contingency plan.--The term ``National 
     Contingency Plan'' means the National Contingency Plan 
     prepared and published under section 311(d) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321(d)), as revised 
     pursuant to section 105 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9605).
       (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--
       (1) the Environmental Protection Agency should be 
     considered liable for all injuries arising out of, or 
     relating to, the Gold King Mine spill;
       (2) any injured person, including any State or Indian 
     tribe, may bring a claim under chapter 171 of title 28, 
     United States Code (commonly known as the ``Federal Tort 
     Claims Act'') for any injury arising out of, or relating to, 
     the Gold King Mine spill; and
       (3) the Administrator should receive, process, and 
     facilitate payment of claims for injuries arising out of, or 
     relating to, the Gold King Mine spill pursuant to that 
     chapter of that title.
       (c) Gold King Mine Spill 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 for response costs arising out of, or 
     related to, the Gold King Mine spill.
       (2) Eligible costs.--Response costs--
       (A) are eligible for payment by the Administrator under 
     this subsection without regard to the date on which the 
     response costs are incurred; and
       (B) include any response cost incurred by a claimant that 
     is 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 costs, 
     unless the Administrator presents substantial evidence that 
     the response costs are inconsistent with the National 
     Contingency Plan.
       (B) Applicable standard.--The Administrator shall make a 
     determination regarding whether a response cost is not 
     inconsistent with the National Contingency Plan based on the 
     same standard that the United States applies in seeking 
     recovery of the response costs of the United States from 
     responsible

[[Page S5510]]

     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 response costs submitted to the 
     Administrator before that date of enactment.
       (B) Subsequently filed costs.--Not later than 90 days after 
     the date on which a response cost is submitted to the 
     Administrator, the Administrator shall make a decision on, 
     and pay, any response costs.
       (C) 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 spill, 
     the Administrator, in conjunction with affected States, 
     Indian tribes, and local governments, shall develop and 
     implement a program for long-term water quality monitoring of 
     rivers contaminated by the Gold King Mine spill.
       (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 samples 
     and data referred to in subparagraph (A) by, at a minimum, 
     posting the information on the website of the Administrator;
       (C) take any other relevant measure necessary to assist 
     affected States, Indian tribes, and local governments with 
     long-term water monitoring; and
       (D) carry out additional program activities, as determined 
     by the Administrator.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Administrator such sums as may be 
     necessary to reimburse affected States, Indian tribes, and 
     local governments for the costs of long-term water quality 
     monitoring of any river contaminated by the Administrator.
                                 ______
                                 
  SA 5029. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PRELIMINARY CONCEPT DESIGN PROCESS.

       (a) Preliminary Concept Design Document.--After receipt of 
     a preliminary permit, a non-Federal entity seeking to develop 
     hydroelectric power at a civil works project of the Corps of 
     Engineers may submit to the Corps of Engineers a preliminary 
     concept design that is consistent with the license 
     application process of the Federal Energy Regulatory 
     Commission.
       (b) Integrated Review.--The heads of the district, 
     division, and headquarters levels of the Corps of Engineers 
     shall conduct an integrated review of any preliminary concept 
     design submitted under subsection (a).
       (c) Preliminary Finding.--Not later than 60 days after a 
     non-Federal entity submits a preliminary concept design under 
     subsection (a), the Corps of Engineers shall--
       (1) complete the review under subsection (b); and
       (2) provide the non-Federal entity with--
       (A) preliminary findings that include an analysis and 
     comments on the concept design, as the concept design relates 
     to approval for use in the Corps of Engineers licensing 
     process and the ultimate development of the project;
       (B)(i) preliminary approval, denial, or request for 
     additional information of the concept design; and
       (ii) a description of any measures necessary for the Corps 
     of Engineers to permit the project, including engineering 
     designs and measures necessary for permits under section 14 
     of the Act of March 3, 1899 (commonly known as the ``Rivers 
     and Harbors Appropriations Act of 1899'') (33 U.S.C. 408); 
     and
       (C) the assignment of a project delivery coordinator or a 
     Federal Energy Regulatory Commission coordinator, designated 
     by the Chief of Engineers, who shall--
       (i) coordinate the project within the Corps of Engineers; 
     and
       (ii) be given direct oversight over selection to the 
     project delivery team members who have appropriate expertise 
     during the licensing process.
       (d) Permit Review.--If a non-Federal entity has submitted 
     to the Corps of Engineers a design concept under subsection 
     (a), the applications from that non-Federal entity for 
     permits under section 14 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Appropriations 
     Act of 1899'') (33 U.S.C. 408) to develop hydroelectric power 
     at the civil works project of the Corps of Engineers 
     identified by the non-Federal entity shall be considered by 
     the project delivery coordinator or Federal Energy Regulatory 
     Commission coordinator designated under subsection (c)(2)(C).
       (e) Non-federal Hydroelectric Power Development 
     Ombudsman.--
       (1) Designation.--The Chief of Engineers shall designate 
     from within the Corps of Engineers an ombudsman, to be known 
     as the ``Ombudsman for Non-Federal Hydroelectric Power 
     Development'' (referred to in this section as the 
     ``Ombudsman'').
       (2) Requirements.--The Ombudsman--
       (A) shall not be otherwise involved in the review of any 
     Corps of Engineers permit to develop hydroelectric power at 
     any civil works project of the Corps of Engineers;
       (B) shall be located at the headquarters of the Corps of 
     Engineers; and
       (C) shall be an employee serving with the minimum rank of 
     Colonel.
       (3) Responsibilities.--With respect to the development of 
     non-Federal hydroelectric power at any civil works project of 
     the Corps of Engineers, the Ombudsman shall, on request made 
     in writing by the non-Federal entity or the project delivery 
     coordinator or Federal Energy Regulatory Commission 
     coordinator designated under subsection (c)(2)(C)--
       (A) within 60 days of the request, resolve, with respect to 
     Corps of Engineers permits, disputes--
       (i) within the Corps of Engineers; or
       (ii) between the non-Federal entity and the Corps of 
     Engineers; and
       (B) ensure that the development standards and procedures 
     are consistent in all districts of the Corps of Engineers.
                                 ______
                                 
  SA 5030. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 2848, 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; which was 
ordered to lie on the table; as follows:

       On page 12, strike lines 14 through 19 and insert the 
     following:
       ``(b) Local Flood Protection Works.--
       ``(1) In general.--Permission under subsection (a) for 
     alterations to a Federal levee, floodwall, or flood risk 
     management channel project and associated features may be 
     granted by a District Engineer of the Department of the Army 
     or an authorized representative.
       ``(2) Timely approval of permits.--On the date that is 120 
     days after the date on which the Secretary receives an 
     application for a permit under subsection (a), the 
     application shall be approved if--
       ``(A) the Secretary has not made a determination on the 
     approval or disapproval of the application; and
       ``(B) the plans detailed in the application were prepared 
     and certified by a professional engineer licensed by the 
     State in which the project is located.
                                 ______
                                 
  SA 5031. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 10__. 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) 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.''.
                                 ______
                                 
  SA 5032. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 10__. CONVERSION OF SURPLUS WATER AGREEMENTS.

       Section 6 of the Act of December 22, 1944 (33 U.S.C. 708), 
     is amended--

[[Page S5511]]

       (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.''.
                                 ______
                                 
  SA 5033. Mr. COCHRAN (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the end of title IV, add the following:

     SEC. 40__. PEARL RIVER BASIN, MISSISSIPPI.

       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), is 
     modified to authorize the Secretary to carry out the project 
     substantially in accordance with the findings of the 
     Integrated Feasibility and Environmental Impact Statement 
     Record of Decision approved by the Assistant Secretary of the 
     Army for Civil Works.
                                 ______
                                 
  SA 5034. Mr. COCHRAN (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the end of title IV, add the following:

     SEC. 40__. YAZOO BASIN, MISSISSIPPI.

       (a) In General.--The project for flood damage reduction, 
     bank stabilization, and sediment and erosion control known as 
     the ``Yazoo Basin, Mississippi, Mississippi Delta Headwaters 
     Project, MS'', authorized by title I of Public Law 98-8 (97 
     Stat. 22), and which consists of 16 watersheds located in the 
     eastern foothills of the Yazoo River Basin, is expanded to 
     include an additional 16 watersheds as follows:
       (1) Arkabutla Creek.
       (2) Ascalmore Creek.
       (3) Big Sand Creek.
       (4) Camp Creek.
       (5) Indian Creek.
       (6) Johnson Creek.
       (7) Little Tallahatchie River.
       (8) Long Creek.
       (9) McIvor Creek.
       (10) Peach Creek.
       (11) Potacocowa Creek.
       (12) Skuna River.
       (13) Teoc Creek.
       (14) Tillatoba Creek.
       (15) Turkey Creek.
       (16) Yocona River.
       (b) Operation and Maintenance.--The Secretary may operate 
     and maintain those features of the project described in 
     subsection (a) that are located on property on which the 
     Federal Government retains a real property interest, 
     including both features completed before the date of 
     enactment of this Act and features not completed as of the 
     date of enactment of this Act.
                                 ______
                                 
  SA 5035. Mr. ISAKSON (for himself and Mr. Perdue) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the end of title I, add the following:

     SEC. 1___. USE OF OPTIMAL FUNDING LEVELS.

       Notwithstanding any other provision of law, in the 
     preparation of each cost estimate and post-authorization cost 
     adjustment for a construction project of the Corps of 
     Engineers, the Secretary shall use the applicable optimal 
     funding level for that project.
                                 ______
                                 
  SA 5036. Mr. ISAKSON (for himself and Mr. Perdue) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place in section 5001 (relating to 
     deauthorizations), insert the following:
       (_) 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 101(b)(9) of the Water Resources Development Act of 
     1999 (113 Stat. 279; 117 Stat. 141).
       (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.
       (4) Project costs.--There are authorized to be appropriated 
     to the Secretary such sums as are necessary to carry out the 
     Project, as modified by paragraph (3).
                                 ______
                                 
  SA 5037. Mr. McCAIN (for himself, Mr. Cornyn, Mr. Cotton, Mr. 
Sessions, Mr. Burr, and Mr. Graham) submitted an amendment intended to 
be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80__. COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND 
                   TRANSACTIONAL RECORDS.

       Section 2709 of title 18, United States Code, is amended by 
     striking subsection (b) and inserting the following:

[[Page S5512]]

       ``(b) Required Certification.--
       ``(1) In general.--The Director of the Federal Bureau of 
     Investigation, or his or her designee in a position not lower 
     than Deputy Assistant Director at Bureau headquarters or a 
     Special Agent in Charge in a Bureau field office designated 
     by the Director, may, using a term that specifically 
     identifies a person, entity, telephone number, or account as 
     the basis for a request, request information and records 
     described in paragraph (2) of a person or entity, but not the 
     contents of an electronic communication, if the Director (or 
     his or her designee) certifies in writing to the wire or 
     electronic communication service provider to which the 
     request is made that the information and records sought are 
     relevant to an authorized investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely on the basis of 
     activities protected by the first amendment to the 
     Constitution of the United States.
       ``(2) Obtainable types of information and records.--The 
     information and records described in this paragraph are the 
     following:
       ``(A) Name, physical address, e-mail address, telephone 
     number, instrument number, and other similar account 
     identifying information.
       ``(B) Account number, login history, length of service 
     (including start date), types of service, and means and 
     sources of payment for service (including any card or bank 
     account information).
       ``(C) Local and long distance toll billing records.
       ``(D) Internet Protocol (commonly known as `IP') address or 
     other network address, including any temporarily assigned IP 
     or network address, communication addressing, routing, or 
     transmission information, including any network address 
     translation information (but excluding cell tower 
     information), and session times and durations for an 
     electronic communication.''.

     SEC. 80__. PERMANENT AUTHORITY FOR INDIVIDUAL TERRORISTS TO 
                   BE TREATED AS AGENTS OF FOREIGN POWERS UNDER 
                   THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
                   1978.

       Section 6001 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by 
     striking subsection (b).
                                 ______
                                 
  SA 5038. Mrs. CAPITO submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 10__. CONSIDERATION OF FACTORS IN DISPOSITION STUDIES.

       In carrying out any disposition study for a project of the 
     Corps of Engineers (including an assessment and inventory 
     under section 6002 of the Water Resources Reform and 
     Development Act of 2014 (Public Law 113-121; 128 Stat. 
     1349)), the Secretary shall consider the extent to which the 
     applicable property has--
       (1) economic or recreational significance; or
       (2) an impact at the national, State, or local level.
                                 ______
                                 
  SA 5039. Mrs. ERNST (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the end of title VI, add the following:

     SEC. 60__. GAO STUDY ON CORPS OF ENGINEERS METHODOLOGY AND 
                   PERFORMANCE METRICS.

       (a) In General.--Not later than 1 year 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-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-cost 
     calculations for flood risk management projects;
       (3) any recommendations for approaches to modify the 
     metrics used to improve benefit-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.
                                 ______
                                 
  SA 5040. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8____. BEACH MONITORING.

       (a) Water Pollution Source Identification.--
       (1) Monitoring protocols.--Section 406(a)(1)(A) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) 
     is amended by striking ``methods for monitoring'' and 
     inserting ``protocols for monitoring that are most likely to 
     detect pathogenic contamination''.
       (2) Source tracking.--Section 406(b) of such Act (33 U.S.C. 
     1346(b)) is amended by adding at the end the following:
       ``(5) Contents of monitoring and notification programs.--
     For the purposes of this section, a program for monitoring, 
     assessment, and notification shall include, consistent with 
     performance criteria published by the Administrator under 
     subsection (a), monitoring, public notification, storm event 
     testing, source tracking, and sanitary surveys, and may 
     include prevention efforts, not already funded under this Act 
     to address identified sources of contamination by pathogens 
     and pathogen indicators in coastal recreation waters adjacent 
     to beaches or similar points of access that are used by the 
     public.''.
       (3) Authorization of appropriations.--Section 406(i) of 
     such Act (33 U.S.C. 1346(i)) is amended by striking ``2001 
     through 2005'' and inserting ``2017 through 2021''.
       (b) Funding for Beaches Environmental Assessment and 
     Coastal Health Act.--Section 8 of the Beaches Environmental 
     Assessment and Coastal Health Act of 2000 (Public Law 106-
     284) is amended by striking ``2005'' and inserting ``2019''.
       (c) State Reports.--Section 406(b)(3)(A)(ii) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is 
     amended by striking ``public'' and inserting ``public and all 
     environmental agencies of the State with authority to prevent 
     or treat sources of pathogenic contamination in coastal 
     recreation waters''.
       (d) Use of Rapid Testing Methods.--
       (1) Contents of state and local government programs.--
     Section 406(c)(4)(A) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1346(c)(4)(A)) is amended by striking 
     ``methods'' and inserting ``methods, including a rapid 
     testing method after the last day of the one-year period 
     after the date of validation of that rapid testing method by 
     the Administrator,''.
       (2) Revised criteria.--Section 304(a)(9)(A) of such Act (33 
     U.S.C. 1314(a)(9)(A)) is amended by striking ``methods, as 
     appropriate'' and inserting ``methods, including rapid 
     testing methods''.
       (3) Validation and use of rapid testing methods.--
       (A) Validation of rapid testing methods.--Not later than 6 
     months after the date of enactment of this Act, the 
     Administrator of the Environmental Protection Agency (in this 
     section referred to as the ``Administrator'') shall complete 
     an evaluation and validation of a rapid testing method for 
     the water quality criteria and standards for pathogens and 
     pathogen indicators described in section 304(a)(9)(A) of the 
     Federal Water Pollution Control Act (33 U.S.C. 
     1314(a)(9)(A)).
       (B) Guidance for use of rapid testing methods.--
       (i) In general.--Not later than 180 days after completion 
     of the validation under subparagraph (A), after providing 
     notice and an opportunity for public comment, the 
     Administrator shall publish guidance for the use at coastal 
     recreation waters adjacent to beaches or similar points of 
     access that are used by the public of a rapid testing method 
     that will enhance the protection of public health and safety 
     through rapid public notification of any exceedance of 
     applicable water quality standards for pathogens and pathogen 
     indicators.
       (ii) Prioritization.--In developing such guidance, the 
     Administrator shall require the use of a rapid testing method 
     at those beaches or similar points of access that are the 
     most used by the public.
       (4) Definition.--Section 502 of such Act (33 U.S.C. 1362) 
     is amended by adding at the end the following:
       ``(27) Rapid testing method.--The term `rapid testing 
     method' means a method of testing the water quality of 
     coastal recreation waters for which results are available as 
     soon as practicable and not more than 4

[[Page S5513]]

     hours after receipt of the applicable sample by the testing 
     facility.''.
       (5) Revisions to rapid testing methods.--
       (A) In general.--Upon completion of the validation required 
     under paragraph (3)(A), and every 5 years thereafter, the 
     Administrator shall identify and review potential rapid 
     testing methods for existing water quality criteria for 
     pathogens and pathogen indicators for coastal recreation 
     waters.
       (B) Revisions to rapid testing methods.--If a rapid testing 
     method identified under subparagraph (A) will make results 
     available in less time and improve the accuracy and 
     reproducibility of results when compared to the existing 
     rapid testing method, the Administrator shall complete an 
     evaluation and validation of the rapid testing method as 
     expeditiously as practicable.
       (C) Reporting requirement.--Upon completion of the review 
     required under subparagraph (A), the Administrator shall 
     publish in the Federal Register the results of the review, 
     including information on any potential rapid testing method 
     proposed for evaluation and validation under subparagraph 
     (B).
       (D) Declaration of goals for rapid testing methods.--It is 
     a national goal that by 2019, a rapid testing method for 
     testing water quality of coastal recreation waters be 
     developed that can produce accurate and reproducible results 
     in not more than 2 hours after receipt of the applicable 
     sample.
       (e) Notification of Federal, State, and Local Agencies.--
     Section 406(c) of the Federal Water Pollution Control Act (33 
     U.S.C. 1346(c)) is amended--
       (1) in paragraph (5), in the matter preceding subparagraph 
     (A), by striking ``prompt communication'' and inserting 
     ``communication, within 2 hours of the receipt of the results 
     of a water quality sample,'';
       (2) by striking paragraph (5)(A) and inserting the 
     following:
       ``(A) in the case of--
       ``(i) any State in which the Administrator is administering 
     the program under section 402, the Administrator, in such 
     form as the Administrator determines to be appropriate; and
       ``(ii) any State other than a State to which clause (i) 
     applies, all agencies of the State government with authority 
     to require the prevention or treatment of the sources of 
     coastal recreation water pollution; and'';
       (3) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (4) by inserting after paragraph (5) the following:
       ``(6) measures for an annual report to the Administrator, 
     in such form as the Administrator determines appropriate, on 
     the occurrence, nature, location, pollutants involved, and 
     extent of any exceedance of applicable water quality 
     standards for pathogens and pathogen indicators;''.
       (f) Content of State and Local Programs.--Section 406(c) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) 
     is amended--
       (1) in paragraph (7) (as redesignated by subsection 
     (e)(3))--
       (A) by striking ``the posting'' and inserting ``the 
     immediate posting''; and
       (B) by striking ``and'' at the end;
       (2) by striking the period at the end of paragraph (8) (as 
     redesignated by subsection (e)(3)) and inserting a semicolon; 
     and
       (3) by adding at the end the following:
       ``(9) the availability of a geographic information system 
     database that such State or local government program shall 
     use to inform the public about coastal recreation waters and 
     that--
       ``(A) is publicly accessible and searchable on the 
     Internet;
       ``(B) is organized by beach or similar point of access;
       ``(C) identifies applicable water quality standards, 
     monitoring protocols, sampling plans and results, and the 
     number and cause of coastal recreation water closures and 
     advisory days; and
       ``(D) is updated within 12 hours of the availability of 
     information indicating the presence of pathogens or pathogen 
     indicators; and
       ``(10) measures to ensure that closures or advisories are 
     made or issued within 2 hours after the receipt of the 
     results of a water quality sample that exceeds applicable 
     water quality standards for pathogens and pathogen 
     indicators.''.
       (g) Compliance Review.--Section 406(h) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1346(h)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by moving such subparagraphs 2 ems to the right;
       (3) by striking ``In the'' and inserting the following:
       ``(1) In general.--In the''; and
       (4) by adding at the end the following:
       ``(2) Compliance review.--On or before July 31 of each 
     calendar year beginning after the date of enactment of this 
     paragraph, the Administrator shall--
       ``(A) prepare a written assessment of compliance with all 
     statutory and regulatory requirements of this section for 
     each State and local government and of compliance with 
     conditions of each grant made under this section to a State 
     or local government;
       ``(B) notify the State or local government of such 
     assessment; and
       ``(C) make each of the assessments available to the public 
     in a searchable database on the Internet on or before 
     December 31 of such calendar year.
       ``(3) Corrective action.--If a State or local government 
     that the Administrator notifies under paragraph (2) is not in 
     compliance with any requirement or grant condition described 
     in paragraph (2) fails to take such action as may be 
     necessary to comply with such requirement or condition within 
     one year after the date of notification, any grants made 
     under subsection (b) to the State or local government, after 
     the last day of such one-year period and while the State or 
     local government is not in compliance with all requirements 
     and grant conditions described in paragraph (2), shall have a 
     Federal share of not to exceed 50 percent.
       ``(4) GAO review.--Not later than December 31 of the third 
     calendar year beginning after the date of enactment of this 
     paragraph, the Comptroller General shall conduct a review of 
     the activities of the Administrator under paragraphs (2) and 
     (3) during the first and second calendar years beginning 
     after such date of enactment and submit to Congress a report 
     on the results of such review.''.
       (h) Publication of Coastal Recreation Waters Pathogen 
     List.--Section 304(a)(9) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1314(a)(9)) is amended by adding at 
     the end the following:
       ``(C) Publication of pathogen and pathogen indicator 
     list.--Upon publication of the new or revised water quality 
     criteria under subparagraph (A), the Administrator shall 
     publish in the Federal Register a list of all pathogens and 
     pathogen indicators studied under section 104(v).''.
       (i) Adoption of New or Revised Criteria and Standards.--
     Section 303(i) of the Federal Water Pollution Control Act (33 
     U.S.C. 1313(i)) is amended--
       (1) in paragraph (1)(A), by striking ``water quality 
     criteria and standards'' and inserting ``the most protective 
     water quality criteria and standards practicable''; and
       (2) in paragraph (2)(A), by striking ``paragraph (1)(A)'' 
     each place it appears and inserting ``paragraph (1)''.
       (j) National List of Beaches.--Section 406(g) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is 
     amended--
       (1) in paragraph (1), by inserting ``, regardless of the 
     presence of a lifeguard,'' after ``that are used by the 
     public''; and
       (2) in paragraph (3), by striking ``The Administrator'' and 
     all that follows through the period and inserting ``Not later 
     than 12 months after the date of the enactment of the Water 
     Resources Development Act of 2016, and biennially thereafter, 
     the Administrator shall update the list described in 
     paragraph (1).''.
       (k) Impact of Climate Change on Pathogenic Contamination of 
     Coastal Recreation Waters.--
       (1) Study.--The Administrator shall conduct a study on the 
     long-term impact of climate change on pathogenic 
     contamination of coastal recreation waters.
       (2) Report.--
       (A) In general.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study conducted under 
     paragraph (1).
       (B) Information on potential contamination impacts.--The 
     report shall include information on the potential impacts of 
     pathogenic contamination on ground and surface water 
     resources as well as public and ecosystem health in coastal 
     communities.
       (C) Federal actions.--The report shall highlight necessary 
     Federal actions to help advance the availability of 
     information and tools to assess and mitigate these effects in 
     order to protect public and ecosystem health.
       (D) Consultation.--In developing the report, the 
     Administrator shall work in consultation with agencies active 
     in the development of the National Water Quality Monitoring 
     Network and the implementation of the Ocean Research 
     Priorities Plan and Implementation Strategy.
       (l) Impact of Excess Nutrients on Coastal Recreation 
     Waters.--
       (1) Study.--The Administrator shall conduct a study to 
     review the available scientific information pertaining to the 
     impacts of excess nutrients on coastal recreation waters.
       (2) Report.--
       (A) In general.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall transmit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the results of the 
     study conducted under paragraph (1).
       (B) Impacts.--Such report shall include information on any 
     adverse impacts of excess nutrients on coastal recreation 
     waters, including adverse impacts caused by algal blooms 
     resulting from excess nutrients.
       (C) Recommendations.--Such report shall include 
     recommendations for action to address adverse impacts of 
     excess nutrients and algal blooms on coastal recreation 
     waters, including the establishment and implementation of 
     numeric water quality criteria for nutrients.
       (D) Consultation.--In developing such report, the 
     Administrator shall consult with the heads of other 
     appropriate Federal agencies (including the National Oceanic 
     and Atmospheric Administration), States, and local government 
     entities.
                                 ______
                                 
  SA 5041. Mr. TESTER submitted an amendment intended to be proposed to

[[Page S5514]]

amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

            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--

[[Page S5515]]

       (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

[[Page S5516]]

       (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.

[[Page S5517]]

       (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

[[Page S5518]]

       (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.

[[Page S5519]]

       (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, consisting of the amounts deposited in the Trust 
     Fund under subsection (c), together with any interest earned 
     on those amounts, for the purpose of carrying out this title.
       (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) 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.
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, shall be 
     made available to the Tribe by the Secretary beginning on the 
     enforceability date.
       (2) Funding for tribal implementation activities.--
     Notwithstanding paragraph (1), on approval pursuant to this 
     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.
       (f) Withdrawals Under AIFRMRA.--
       (1) In general.--The Tribe may withdraw any portion of the 
     funds in the Trust Fund

[[Page S5520]]

     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.
       (g) Withdrawals Under Expenditure Plan.--
       (1) In general.--The Tribe may submit to the Secretary a 
     request to withdraw funds from the Trust Fund pursuant to an 
     approved expenditure plan.
       (2) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under paragraph (1), the Tribe shall 
     submit to the Secretary for approval an expenditure plan for 
     any portion of the Trust Fund that the Tribe elects to 
     withdraw pursuant to this subsection, subject to the 
     condition that the funds shall be used for the purposes 
     described in this 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.
       (h) Uses.--Amounts from the Trust Fund shall be used by the 
     Tribe for the following purposes:
       (1) The Administration and Energy Account shall be used for 
     administration of the Tribal water rights and energy 
     development projects under this 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.
       (i) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Tribe under subsection (f) or (g).
       (j) No Per Capita Distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of the Tribe.
       (k) Deposit of Funds.--On request by the Tribe, the 
     Secretary may deposit amounts from an account described in 
     paragraph (1), (2), or (4) of subsection (b) to any other 
     account the Secretary determines to be appropriate.

     SEC. 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) 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.
       (e) 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; and
       (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
       (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); and
       (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.
       (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

[[Page S5521]]

     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)--

[[Page S5522]]

       (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)).

     SEC. 9025. OFFSETS.

       If insufficient funds are appropriated to carry out this 
     title for a fiscal year, the Secretary may use to carry out 
     this title such amounts as are necessary from other amounts 
     made available to the Secretary for that fiscal year that are 
     not otherwise obligated.
                                 ______
                                 
  SA 5042. Mr. INHOFE (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       Strike titles I through VIII and insert the following:

                        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--

[[Page S5523]]

       (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

[[Page S5524]]

     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

[[Page S5525]]

     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''.

[[Page S5526]]

  


     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

[[Page S5527]]

     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).

[[Page S5528]]

       (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

[[Page S5529]]

       (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''.

                          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

[[Page S5530]]

       (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

[[Page S5531]]

     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.

       Notwithstanding section 102 of division D of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113; 
     129 Stat. 2402), 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

[[Page S5532]]

       ``(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

[[Page S5533]]

     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

[[Page S5534]]

     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

[[Page S5535]]

     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.

         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;

[[Page S5536]]

       (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

[[Page S5537]]

       (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

[[Page S5538]]

     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

[[Page S5539]]

       (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 
     $50,000,000 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. 32 32'50.86'' N ., by 
     long. 93 46'16.82'' W., and ends at lat. 32  31'22.79'' N., 
     by long. 93  45' 2.47'' W., is no longer authorized beginning 
     on the date of enactment of this Act.
       (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).

[[Page S5540]]

       (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.

     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.

[[Page S5541]]

       (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
------------------------------------------------------------------------


[[Page S5542]]

       (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
------------------------------------------------------------------------

[[Page S5543]]

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

[[Page S5544]]

 
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

[[Page S5545]]

     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.

[[Page S5546]]

  


     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 Headwaters Project, MS'', authorized by 
     title I of Public Law 98-8 (97 Stat. 22), as amended, shall 
     not be limited by language in reports accompanying 
     appropriations bills.

     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

[[Page S5547]]

       (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

[[Page S5548]]

     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

[[Page S5549]]

     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

[[Page S5550]]

     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

[[Page S5551]]

     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.--

[[Page S5552]]

       ``(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.

       There is authorized to be appropriated to the Administrator 
     for the Chesapeake Bay Grass Survey $150,000 for fiscal year 
     2017 and each fiscal year thereafter.

     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

[[Page S5553]]

       (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

[[Page S5554]]

     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

[[Page S5555]]

       ``(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--

[[Page S5556]]

       (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;

[[Page S5557]]

       (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

[[Page S5558]]

       ``(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--

[[Page S5559]]

       (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;

[[Page S5560]]

       ``(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

[[Page S5561]]

     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;

[[Page S5562]]

       ``(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)

[[Page S5563]]

     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

[[Page S5564]]

     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;

[[Page S5565]]

       (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.

[[Page S5566]]

       ``(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.

                           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

[[Page S5567]]

       ``(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

[[Page S5568]]

     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

[[Page S5569]]

     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;

[[Page S5570]]

       (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.

[[Page S5571]]

       (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.--

[[Page S5572]]

       (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.

[[Page S5573]]

       ``(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

[[Page S5574]]

     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);

[[Page S5575]]

       (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;

[[Page S5576]]

       (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

[[Page S5577]]

     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).

[[Page S5578]]

       (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).
                                 ______
                                 
  SA 5043. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       On page 213, strike line 6 and insert the following:
     affected by lead in a public water system.
       ``(7) Short-term remedy for lead in drinking water.--In the 
     case of an 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 or any other level of lead determined by 
     the Administrator to warrant notice under paragraph (3), not 
     later than 7 days after the date on which notice is provided 
     to the public under paragraph (3), the State that has primary 
     enforcement responsibility under section 1413 shall identify 
     short-term remedies, including bottled water or a water 
     filtration system, for affected households.''.
                                 ______
                                 
  SA 5044. Mr. MURPHY (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert:
       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) Disputes between states related to the disposal of 
     dredged material and the protection of water quality should 
     be resolved between the states in accordance with regional 
     plans and involving regional bodies.
                                 ______
                                 
  SA 5045. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80___. EXEMPTION OF RURAL WATER PROJECTS FROM CERTAIN 
                   RENTAL FEES.

       Section 504(g) of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1764(g)) is amended in the eighth 
     sentence by inserting ``and for any rural water project 
     serving fewer than 3,300 individuals that is federally 
     financed (including a project that receives Federal funds 
     under the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1921 et seq.) or from a State drinking water treatment 
     revolving loan fund established under section 1452 of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12)) (referred to in 
     this subsection as a `covered project'), subject to the 
     requirement that the total amount of rental fees that may be 
     exempted with respect to covered projects shall not exceed 
     $50,000 in any 1 year'' after ``such facilities''.
                                 ______
                                 
  SA 5046. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects

[[Page S5579]]

for improvements to rivers and harbors of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of section 4018, add the following:
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $50,000,000 for each fiscal year.
                                 ______
                                 
  SA 5047. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VII, add the following

     SEC. 71___. SCHOOL TESTING AND NOTIFICATION; GRANT PROGRAM.

       (a) In General.--Section 1464 of the Safe Drinking Water 
     Act (42 U.S.C.300j-24) is amended by adding at the end the 
     following:
       ``(e) Testing and Notification Requirements for Public 
     Water Systems That Serve Schools.--Not later than 1 year 
     after the date of enactment of the Water Resources 
     Development Act of 2016, the Administrator shall promulgate a 
     regulation that--
       ``(1) requires--
       ``(A) each public water system that serves a school or 
     licensed childcare facility determined by the Administrator 
     to have a risk of lead in the drinking water at a level that 
     meets or exceeds the lead action level established by the 
     Administrator under section 1412(b) to offer to the local 
     educational agency that operates the school assistance in 
     sampling for lead in the drinking water of the school;
       ``(B) in the case of a local educational agency that 
     accepts assistance in sampling for lead in the drinking water 
     of the school, the public water system to sample for lead; 
     and
       ``(2) requires a public water system that provides 
     assistance under paragraph (1) and obtains the sampling 
     results for a school to provide the sampling results to the 
     local educational agency that has jurisdiction over the 
     school and the head of the State agency that has primary 
     responsibility to carry out this title in the State not later 
     than 5 business days after the date on which the public water 
     system receives the sampling results.
       ``(f) School Lead Testing and Remediation Grant Program.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) a local educational agency (as defined in section 
     8101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801));
       ``(B) a public water system that provides assistance to a 
     local education agency under subsection (e)(1); or
       ``(C) a State agency that administers a statewide program 
     to test for, or remediate, lead contamination in drinking 
     water.
       ``(2) Grants authorized.--Not later than 1 year after the 
     date of enactment of this subsection, the Administrator shall 
     establish a grant program to make grants available to 
     eligible entities to test for, or remediate, lead 
     contamination in school drinking water.
       ``(3) Use of funds.--An eligible entity that receives a 
     grant under this subsection may use grant funds--
       ``(A) to recover the costs incurred by the eligible entity 
     for testing for lead contamination in school drinking water 
     conducted by the eligible entity or another entity approved 
     by the Administrator or the State to conduct the testing; or
       ``(B) to replace lead pipes and short-term measures, pipe 
     fittings, plumbing fittings, and fixtures of any school with 
     drinking water that contains a level of lead that exceeds the 
     action level established by the Administrator under section 
     1412(b) with lead free (as defined in section 1417) pipes, 
     pipe fittings, plumbing fittings, and fixtures.
       ``(4) Guidance; public availability.--As a condition of 
     receiving a grant under this subsection, an eligible entity 
     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 
     the reduction of lead in drinking water in schools that is 
     consistent with the guidance referred to in clause (i), as 
     determined by the Administrator;
       ``(B) make publicly available, including, to the maximum 
     extent practicable, on the Internet website of the eligible 
     entity, a copy of the results of any testing for lead 
     contamination in school drinking water that is carried out 
     with funds under this subsection; and
       ``(C) notify parent, teacher, and employee organizations of 
     the availability of the results described in subparagraph 
     (B).''.
                                 ______
                                 
  SA 5048. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VII, add the following:

     SEC. 7118. CAPACITY DEVELOPMENT.

       Section 1420 of the Safe Drinking Water Act (42 U.S.C. 
     300g-9) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(4) Historical significant noncompliers.--
       ``(A) In general.--The head of the State agency that has 
     primary responsibility to carry out this title in the State 
     shall provide written notice to a public water system that 
     the Administrator has determined the public water system to 
     be a historical significant noncomplier of this part.
       ``(B) Return to compliance assessment.--Not later than 180 
     days after the date on which a public water system receives a 
     notice under subparagraph (A), the public water system shall 
     carry out, and submit to the head of the State agency that 
     has primary responsibility to carry out this title in the 
     State for review, a return to compliance assessment that may 
     include consideration of partnership options (as described in 
     subsection (d)(3)(A)).
       ``(C) No enforcement action.--
       ``(i) In general.--Except as provided in clause (ii), 
     neither the Administrator nor a State shall take any action 
     against a historical significant noncomplier of this part 
     during the time period described in subparagraph (B) if the 
     historical significant noncomplier is pursuing a partnership 
     actively and in good faith.
       ``(ii) Exception.--Notwithstanding clause (i), the 
     Administrator or a State may take an action against a 
     historical significant noncomplier during the time period 
     described in subparagraph (B) to address an imminent or acute 
     public health risk.'';
       (2) in subsection (c)--
       (A) in paragraph (2)--
       (i) in subparagraph (C)(ii), by inserting ``that are 
     determined to be historical significant noncompliers and 
     public water systems that are not determined to be historical 
     significant noncompliers'' after ``public water systems'';
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(F) a description of--
       ``(i) the efforts of the head of the State agency that has 
     primary responsibility to carry out this title in the State 
     to promote partnerships; and
       ``(ii) how many partnerships the head of the State agency 
     that has primary responsibility to carry out this title in 
     the State expects to be successful.''; and
       (B) in paragraph (3), by inserting ``, efforts to promote 
     partnerships, number of successful partnerships,'' after 
     ``efficacy of the strategy'';
       (3) in subsection (d)--
       (A) by redesignating paragraph (3) and (4) as paragraphs 
     (9) and (10), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Partnerships.--
       ``(A) In general.--A partnership described in this 
     paragraph includes--
       ``(i) a change in the ownership or the financial, 
     technical, and operational management structure of a water 
     system determined by the Administrator to be a historical 
     significant noncomplier of this part;
       ``(ii) a partnership between a water system determined by 
     the Administrator to be a historical significant noncomplier 
     of this part and a water system that is not determined by the 
     Administrator to be a historical significant noncomplier of 
     this part; and
       ``(iii) a partnership between 2 or more water systems 
     determined by the Administrator to be historical significant 
     noncompliers of this part.
       ``(B) Deadline for return to compliance.--A water system 
     determined by the Administrator to be a historical 
     significant noncomplier of this part that enters into a 
     partnership agreement shall return to compliance--
       ``(i) in the case of an approved State plan, as soon as 
     practicable but not later than 3 years after the date on 
     which the water system enters into the partnership agreement; 
     or
       ``(ii) in the case of an enforceable agreement approved by 
     the State and the Administrator, not later than 6 years after 
     the date on which the water system enters into the 
     partnership agreement.
       ``(C) State revolving loan funds.--The Administrator may 
     not withhold from a State funds under section 1452 or reduce 
     any State allotment or set-aside under that section based on 
     the action or inaction of a State with respect to new 
     partnerships under this section.
       ``(4) Partnership incentives.--The Administrator shall--
       ``(A) establish incentives for public water systems to 
     enter into a partnership described

[[Page S5580]]

     in paragraph (3)(A), including allowing a State to award 
     grant and loan funds to a public water system that is 
     determined by the Administrator to be a historical 
     significant noncomplier of this part--
       ``(i) to assess partnership options; and
       ``(ii) to engage in peer-to-peer assistance; and
       ``(B) provide other technical assistance as necessary to 
     achieve compliance with this section.
       ``(5) Safe harbor.--
       ``(A) In general.--A public water system that enters into a 
     partnership described in clause (i) or (ii) of paragraph 
     (3)(A) and acquires ownership or control of a water system 
     determined by the Administrator to be a historical 
     significant noncomplier of this part shall be held harmless 
     from any fines or penalties associated with violations of 
     Federal law by the historical significant noncomplier that 
     occurred on a date that is before the change in ownership or 
     control of that public water system if the public water 
     system discloses the violations to the State and the 
     Administrator under such notice requirements as the 
     Administrator may establish.
       ``(B) Partnership between 2 or more historical significant 
     noncompliers.--Subparagraph (A) shall not apply to a 
     partnership described in clause (iii) of paragraph (3)(A).
       ``(6) Voluntary compliance audits.--The Administrator shall 
     establish incentives for public water systems to assess 
     compliance with this title, including the use of Federal or 
     State audit and self-disclosure policies that include an 
     assessment of the completeness and accuracy of monitoring and 
     data reported to the head of the State agency that has 
     primary responsibility to carry out this title in the State 
     to determine compliance.
       ``(7) Guidance; cofunding.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of this paragraph, the Administrator, in 
     coordination with the Secretary of Agriculture and the 
     Secretary of Housing and Urban Development, shall develop 
     guidance on the use of all available Federal grants and loan 
     funds for public water systems that enter into a partnership 
     agreement.
       ``(B) Cofunding.--The Administrator shall maximize 
     flexibility for the use of cofunding for public water systems 
     that enter into a partnership agreement.
       ``(8) Reciprocity.--The Administrator shall develop 
     incentives to encourage reciprocity among States to provide 
     greater mobility of certified operators, with a focus on 
     rural and disadvantaged communities.''; and
       (4) in subsection (g)(2)--
       (A) in the first sentence, by striking ``The 
     Administrator'' and inserting the following:
       ``(1) In general.--The Administrator'';
       (B) in the second sentence, by striking ``The 
     Administrator'' and inserting the following:
       ``(2) No duplication.--The Administrator''; and
       (C) by adding at the end the following:
       ``(3) Best practices database.--
       ``(A) In general.--The Administrator, in coordination with 
     the States, shall establish a best practices database to 
     share examples of practices involving operational, technical, 
     and financial capacity under this part.
       ``(B) Grants authorized.--The Administrator may make grants 
     available to an appropriate nonprofit organization to develop 
     and maintain the database described in subparagraph (A).''.
                                 ______
                                 
  SA 5049. Mr. BOOKER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the end of section 6004, add the following:
       (3) The Hudson-Raritan Estuary Comprehensive Restoration 
     Project.
                                 ______
                                 
  SA 5050. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8___. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.

       (a) Findings.--Congress finds that--
       (1) utilities and local governments invest significant 
     resources in planning, designing, constructing, operating, 
     and maintaining water, wastewater, and stormwater systems--
       (A) to ensure a safe and reliable water supply for 
     customers; and
       (B) to maintain public health, safety, and environmental 
     quality;
       (2) during the 10-year period beginning on the date of 
     enactment of this Act, 30 of the largest water and wastewater 
     utilities in the United States will--
       (A) invest $233,000,000,000 in operating and capital 
     spending; and
       (B) support 290,000 jobs annually;
       (3) every $1,000,000,000 in Federal investment in water and 
     wastewater infrastructure creates an estimated 26,000 jobs;
       (4) jobs in the water and wastewater sector, including 
     apprenticeship positions, typically pay more than 3 times the 
     minimum wage;
       (5) the median age of water sector workers is 48 years old, 
     which is 6 years older than the national median age of 
     workers;
       (6) water and wastewater utilities anticipate unprecedented 
     workforce replacement needs over the 10-year period described 
     in paragraph (2) because 37 percent of water utility workers 
     and 31 percent of wastewater utility workers will retire 
     during that period;
       (7) during the period described in paragraph (6), workforce 
     replacement needs in the water sector will exceed the 23-
     percent nationwide replacement need of the total workforce; 
     and
       (8) water infrastructure projects and permanent water 
     utility jobs can offer access to stable, high-quality jobs 
     with competitive wages and benefits.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) water and wastewater utilities provide a unique 
     opportunity for access to stable, high-quality careers;
       (2) as water and wastewater utilities make critical 
     investments in infrastructure, water and wastewater utilities 
     can invest in the development of local workers and local 
     small businesses to strengthen communities and ensure a 
     strong pipeline of skilled and diverse workers for today and 
     tomorrow; and
       (3) to further the goal of ensuring a strong pipeline of 
     skilled and diverse workers in the water and wastewater 
     utilities sector, Congress urges--
       (A) increased collaboration among Federal, State, and local 
     governments; and
       (B) institutions of higher education, apprentice programs, 
     high schools, and other community-based organizations to 
     align workforce training programs and community resources 
     with water and wastewater utilities to accelerate career 
     pipelines and provide access to workforce opportunities.
       (c) Innovative Water Infrastructure Workforce Development 
     Program.--
       (1) Grants authorized.--The Administrator of the 
     Environmental Protection Agency and the Secretary shall 
     establish a competitive grant program to assist the 
     development of innovative activities relating to workforce 
     development in the water utility sector.
       (2) Selection of grant recipients.--In awarding grants 
     under paragraph (1), the Administrator or the Secretary, as 
     applicable, shall, to the maximum extent practicable, select 
     water utilities that--
       (A) are geographically diverse;
       (B) address the workforce and human resources needs of 
     large and small public water and wastewater utilities;
       (C) address the workforce and human resources needs of 
     urban and rural public water and wastewater utilities;
       (D) advance training relating to construction, utility 
     operations, treatment and distribution, green infrastructure, 
     customer service, maintenance, and engineering; and
       (E)(i) have a high retiring workforce rate; or
       (ii) are located in areas with a high unemployment rate.
       (3) Use of funds.--Grants awarded under paragraph (1) may 
     be used for activities such as--
       (A) 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--
       (i) on-the-job training;
       (ii) soft and hard skills development;
       (iii) test preparation for skilled trade apprenticeships; 
     or
       (iv) other support services to facilitate post-secondary 
     success;
       (B) kindergarten through 12th grade and young adult 
     education programs that--
       (i) educate young people about the role of water and 
     wastewater utilities in the communities of the young people;
       (ii) 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
       (iii) connect young people to post-secondary career 
     pathways related to water utilities;
       (C) 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--
       (i) water utilities employers;
       (ii) educational and training institutions;
       (iii) local community-based organizations;
       (iv) public workforce agencies; and
       (v) other related stakeholders;
       (D) integrated learning laboratories embedded in high 
     schools or other secondary

[[Page S5581]]

     educational institutions that provide students with--
       (i) hands-on, contextualized learning opportunities;
       (ii) dual enrollment credit for post-secondary education 
     and training programs; and
       (iii) direct connection to industry employers; and
       (E) 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.
                                 ______
                                 
  SA 5051. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       On page 79, strike lines 22 through 25 and insert the 
     following:
       (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
     (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), 
     (9), (10), (12), (14), (15), (16), and (17), respectively;
       On page 81, strike lines 3 through 5 and insert the 
     following:
       (3) by inserting after paragraph (7) (as redesignated by 
     paragraph (1)) the following:
       ``(8) Fish passage.--The term `fish passage' means any 
     activity or structure that improves the movement of native 
     fish or other native aquatic species by reconnecting upstream 
     and downstream habitats.'';
       (4) by inserting after paragraph (10) (as redesignated by 
     paragraph (1)) the following:
       ``(11) Non-federal sponsor.--The term
       On page 81, strike lines 9 through 15 and insert the 
     following:
       ``(B) a nonprofit organization.''; and
       (5) by inserting after paragraph (12) (as redesignated by 
     paragraph (1)) the following:
       ``(13) Rehabilitation.--
       ``(A) In general.--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) Inclusion.--The term `rehabilitation' includes the 
     construction or restoration of a structure that effectively 
     accomplishes fish passage.''.
       On page 82, strike lines 7 through 9 and insert the 
     following:
       ``(3) the restoration of fish passage.
                                 ______
                                 
  SA 5052. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80__. CHESAPEAKE BAY GRASS SURVEY.

       There is authorized to be appropriated to the Administrator 
     of the Environmental Protection Agency for the Chesapeake Bay 
     Grass Survey $150,000 for fiscal year 2017 and each fiscal 
     year thereafter.
                                 ______
                                 
  SA 5053. Mr. REID (for Mr. Sanders) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       On page 80, line 24, insert ``with a generating capacity of 
     more than 6 megawatts'' after ``dam''.
                                 ______
                                 
  SA 5054. Mr. REID (for Mr. Sanders) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 10__. FLOOD CONTROL RESERVOIRS.

       Notwithstanding any other provision of law, the Secretary 
     may study, design, and construct a control gate, spillway, or 
     dam safety improvement for a flood control reservoir--
       (1) that was constructed, in whole or in part, by the Corps 
     of Engineers;
       (2) for which the construction was completed before 1940; 
     and
       (3) that is operated by a non-Federal entity.
                                 ______
                                 
  SA 5055. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

     SEC. 30__. MODIFICATION OF COST ALLOCATION FOR BOCA RESERVOIR 
                   DAM, CALIFORNIA.

       Section 4(c)(1) of the Reclamation of Safety of Dams Act of 
     1978 (43 U.S.C. 508(c)(1)) is amended--
       (1) by striking the period at the end and inserting ``; 
     and'';
       (2) by striking ``case of'' and inserting ``case of--'';
       (3) by striking ``Jackson Lake Dam'' and inserting the 
     following:
       ``(A) Jackson Lake Dam''; and
       (4) by adding at the end the following:
       ``(B) Boca Reservoir Dam, Truckee River Storage Project, 
     California, such costs shall be allocated--
       ``(i) in accordance with the authorized purposes of the 
     Truckee-Carson-Pyramid Lake Water Rights Settlement Act 
     (Public Law 101-618; 104 Stat. 3294); and
       ``(ii) in proportion to the beneficial use of waters, as 
     determined by the Truckee River Operating Agreement 
     Administrator.''.
                                 ______
                                 
  SA 5056. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At end of subtitle A of title VII, add the following:

     SEC. 71__. REPLACEMENT OF LEAD SERVICE LINES.

       Section 1452(a)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(a)(2)) (as amended by section 7101) is amended 
     by adding at the end the following:
       ``(G) Lead service line replacement.--Funds may be used to 
     provide assistance for complete service line replacement, 
     regardless of pipe material and ownership of the property, 
     if--
       ``(i) the assistance is provided to an entity that is 
     eligible to receive assistance under this section; and
       ``(ii) the project complies with all other requirements 
     under this section.''.
                                 ______
                                 
  SA 5057. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80__. SHELLFISH FARMS.

       Notwithstanding any other provision of law, any 
     verification letter or other permit coverage issued to a new 
     or existing shellfish farm in the State of Washington by the 
     Secretary under 2012 Nationwide Permit 48 (described in the 
     final notice entitled ``Reissuance of Nationwide Permits'' 
     (77 Fed. Reg. 10184 (February 21, 2012))), and before the 
     effective date of the 2017 Nationwide Permit 48 (described in 
     the notice of proposed rulemaking entitled ``Proposal to 
     Reissue and Modify Nationwide Permits'' (81 Fed. Reg. 35186 
     (June 1, 2016))), shall be in effect during the period 
     beginning on the date of issuance of the permit and ending on 
     the date that is 5 years after the effective date of the 2017 
     Nationwide Permit 48.
                                 ______
                                 
  SA 5058. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:


[[Page S5582]]


  

       At the end of title IV, add the following:

     SEC. 40__. COLUMBIA RIVER FLOOD RISK.

       (a) In General.--The Secretary shall prepare a report that 
     includes a cost estimate and a proposed scope and schedule 
     for assessing the appropriate level of flood risk in the 
     Columbia River basin to ensure resiliency and continuation of 
     the multiple-purpose benefits and economic viability provided 
     by the existing system of dams, reservoirs, and levees in the 
     region.
       (b) Consultation.--In preparing the report under subsection 
     (a), the Secretary--
       (1) shall consult with--
       (A) the heads of Federal agencies with responsibilities in 
     the Columbia River basin;
       (B) the Governors of the States of Washington, Oregon, 
     Idaho, and Montana; and
       (C) the heads of affected Columbia Basin Indian tribes in 
     the region; and
       (2) is encouraged to solicit input from the public and 
     other interested parties regarding the proposed scope and 
     schedule.
       (c) Limitations.--
       (1) In general.--In preparing the report under subsection 
     (a), the Secretary shall not expend more than $3,000,000.
       (2) Cost share.--The report under subsection (a) shall be 
     prepared at full Federal expense.
       (d) Deadline.--The report under subsection (a) shall be 
     completed--
       (1) not earlier than 2 years after the date of enactment of 
     this Act; and
       (2) not later than 3 years after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 5059. Mr. SASSE (for himself, Mr. Cotton, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the end, insert the following:

     SEC. 8003. EXEMPTION FROM INDIVIDUAL MANDATE PENALTY OF 
                   PARTICIPANTS IN TERMINATED PLANS UNDER CONSUMER 
                   OPERATED AND ORIENTED PLAN PROGRAM.

       (a) In General.--Subsection (e) of section 5000A of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(6) Participants in certain terminated consumer operated 
     and oriented plan program plans.--Any applicable individual, 
     if--
       ``(A) the individual was enrolled in a qualified health 
     plan offered by a qualified nonprofit health insurance issuer 
     (as defined in subsection (c) of section 1322 of the Patient 
     Protection and Affordable Care Act) receiving funds through 
     the Consumer Operated and Oriented Plan program established 
     under such section for such plan, and
       ``(B) during any month while the individual was so 
     enrolled, such issuer terminated or otherwise discontinued 
     providing all plans of the issuer in the area in which the 
     individual resides,

     for such month and any subsequent month.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months in taxable years beginning after 
     December 31, 2013.
                                 ______
                                 
  SA 5060. Mr. MURPHY (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert:
       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.

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