PUBLIC LAW 114–322—DEC. 16, 2016 

WATER INFRASTRUCTURE IMPROVEMENTS 

FOR THE NATION ACT 


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130 STAT. 1628 PUBLIC LAW 114–322—DEC. 16, 2016 

Public Law 114–322 

114th Congress 

An Act 

To provide for improvements to the rivers and harbors of the United States, to 

provide for the conservation and development of water and related resources, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Infrastructure Improvements for the Nation Act’’ or the ‘‘WIIN Act’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—WATER RESOURCES DEVELOPMENT 

Sec. 1001. Short title. 

Sec. 1002. Secretary defined. 

Subtitle A—General Provisions 

Sec. 1101. Youth service and conservation corps organizations. 

Sec. 1102. Navigation safety. 

Sec. 1103. Emerging harbors. 

Sec. 1104. Federal breakwaters and jetties. 

Sec. 1105. Remote and subsistence harbors. 

Sec. 1106. Alternative projects to maintenance dredging. 

Sec. 1107. Great Lakes Navigation System. 

Sec. 1108. Funding for harbor maintenance programs. 

Sec. 1109. Maintenance of harbors of refuge. 

Sec. 1110. Donor ports and energy transfer ports. 

Sec. 1111. Harbor deepening. 

Sec. 1112. Implementation guidance. 

Sec. 1113. Non-Federal interest dredging authority. 

Sec. 1114. Transportation cost savings. 

Sec. 1115. Reservoir sediment. 

Sec. 1116. Water supply conservation. 

Sec. 1117. Drought emergencies. 

Sec. 1118. Leveraging Federal infrastructure for increased water supply. 

Sec. 1119. Indian tribes. 

Sec. 1120. Tribal consultation reports. 

Sec. 1121. Tribal partnership program. 

Sec. 1122. Beneficial use of dredged material. 

Sec. 1123. Great Lakes fishery and ecosystem restoration. 

Sec. 1124. Corps of Engineers operation of unmanned aircraft systems. 

Sec. 1125. Funding to process permits. 

Sec. 1126. Study of water resources development projects by non-Federal interests. 

Sec. 1127. Non-Federal construction of authorized flood damage reduction projects. 

Sec. 1128. Multistate activities. 

Sec. 1129. Planning assistance to States. 

Sec. 1130. Regional participation assurance for levee safety activities. 

Sec. 1131. Participation of non-Federal interests. 

Sec. 1132. Post-authorization change reports. 

Sec. 1133. Maintenance dredging data. 

Sec. 1134. Electronic submission and tracking of permit applications. 

Water 

Infrastructure 

Improvements 

for the Nation 

Act. 

33 USC 2201 

note. 

Dec. 16, 2016 

[S. 612] 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1629 

Sec. 1135. Data transparency. 

Sec. 1136. Quality control. 

Sec. 1137. Report on purchase of foreign manufactured articles. 

Sec. 1138. International outreach program. 

Sec. 1139. Dam safety repair projects. 

Sec. 1140. Federal cost limitation for certain projects. 

Sec. 1141. Lake Kemp, Texas. 

Sec. 1142. Corrosion prevention. 

Sec. 1143. Sediment sources. 

Sec. 1144. Prioritization of certain projects. 

Sec. 1145. Gulf Coast oyster bed recovery assessment. 

Sec. 1146. Initiating work on separable elements. 

Sec. 1147. Lower Bois d’Arc Creek Reservoir Project, Fannin County, Texas. 

Sec. 1148. Recreational access at Corps of Engineers reservoirs. 

Sec. 1149. No wake zones in navigation channels. 

Sec. 1150. Ice jam prevention and mitigation. 

Sec. 1151. Structural health monitoring. 

Sec. 1152. Kennewick Man. 

Sec. 1153. Authority to accept and use materials and services. 

Sec. 1154. Munitions disposal. 

Sec. 1155. Management of recreation facilities. 

Sec. 1156. Structures and facilities constructed by Secretary. 

Sec. 1157. Project completion. 

Sec. 1158. New England District headquarters. 

Sec. 1159. Buffalo District headquarters. 

Sec. 1160. Future facility investment. 

Sec. 1161. Completion of ecosystem restoration projects. 

Sec. 1162. Fish and wildlife mitigation. 

Sec. 1163. Wetlands mitigation. 

Sec. 1164. Debris removal. 

Sec. 1165. Disposition studies. 

Sec. 1166. Transfer of excess credit. 

Sec. 1167. Hurricane and storm damage reduction. 

Sec. 1168. Fish hatcheries. 

Sec. 1169. Shore damage prevention or mitigation. 

Sec. 1170. Enhancing lake recreation opportunities. 

Sec. 1171. Credit in lieu of reimbursement. 

Sec. 1172. Easements for electric, telephone, or broadband service facilities. 

Sec. 1173. Study on performance of innovative materials. 

Sec. 1174. Conversion of surplus water agreements. 

Sec. 1175. Projects funded by the Inland Waterways Trust Fund. 

Sec. 1176. Rehabilitation assistance. 

Sec. 1177. Rehabilitation of Corps of Engineers constructed dams. 

Sec. 1178. Columbia River. 

Sec. 1179. Missouri River. 

Sec. 1180. Chesapeake Bay oyster restoration. 

Sec. 1181. Salton Sea, California. 

Sec. 1182. Adjustment. 

Sec. 1183. Coastal engineering. 

Sec. 1184. Consideration of measures. 

Sec. 1185. Table Rock Lake, Arkansas and Missouri. 

Sec. 1186. Rural western water. 

Sec. 1187. Interstate compacts. 

Sec. 1188. Sense of Congress. 

Sec. 1189. Dredged material disposal. 

Subtitle B—Studies 

Sec. 1201. Authorization of proposed feasibility studies. 

Sec. 1202. Additional studies. 

Sec. 1203. North Atlantic Coastal Region. 

Sec. 1204. South Atlantic coastal study. 

Sec. 1205. Texas coastal area. 

Sec. 1206. Upper Mississippi and Illinois Rivers. 

Sec. 1207. Kanawha River Basin. 

Subtitle C—Deauthorizations, Modifications, and Related Provisions 

Sec. 1301. Deauthorization of inactive projects. 

Sec. 1302. Backlog prevention. 

Sec. 1303. Valdez, Alaska. 

Sec. 1304. Los Angeles County Drainage Area, Los Angeles County, California. 

Sec. 1305. Sutter Basin, California. 


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130 STAT. 1630 PUBLIC LAW 114–322—DEC. 16, 2016 

Sec. 1306. Essex River, Massachusetts. 

Sec. 1307. Port of Cascade Locks, Oregon. 

Sec. 1308. Central Delaware River, Philadelphia, Pennsylvania. 

Sec. 1309. Huntingdon County, Pennsylvania. 

Sec. 1310. Rivercenter, Philadelphia, Pennsylvania. 

Sec. 1311. Salt Creek, Graham, Texas. 

Sec. 1312. Texas City Ship Channel, Texas City, Texas. 

Sec. 1313. Stonington Harbour, Connecticut. 

Sec. 1314. Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Louisiana. 

Sec. 1315. Green River and Barren River, Kentucky. 

Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri. 

Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation. 

Sec. 1318. Cameron County, Texas. 

Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina. 

Sec. 1320. Hamilton City, California. 

Sec. 1321. Conveyances. 

Sec. 1322. Expedited consideration. 

Subtitle D—Water Resources Infrastructure 

Sec. 1401. Project authorizations. 

Sec. 1402. Special rules. 

TITLE II—WATER AND WASTE ACT OF 2016 

Sec. 2001. Short title. 

Sec. 2002. Definition of Administrator. 

Subtitle A—Safe Drinking Water 

Sec. 2101. Sense of Congress on appropriations levels. 

Sec. 2102. Preconstruction work. 

Sec. 2103. Administration of State loan funds. 

Sec. 2104. Assistance for small and disadvantaged communities. 

Sec. 2105. Reducing lead in drinking water. 

Sec. 2106. Notice to persons served. 

Sec. 2107. Lead testing in school and child care program drinking water. 

Sec. 2108. Water supply cost savings. 

Sec. 2109. Innovation in the provision of safe drinking water. 

Sec. 2110. Small system technical assistance. 

Sec. 2111. Definition of Indian Tribe. 

Sec. 2112. Technical assistance for tribal water systems. 

Sec. 2113. Materials requirement for certain Federally funded projects. 

Subtitle B—Drinking Water Disaster Relief and Infrastructure Investments 

Sec. 2201. Drinking water infrastructure. 

Sec. 2202. Sense of Congress. 

Sec. 2203. Registry for lead exposure and advisory committee. 

Sec. 2204. Other lead programs. 

Subtitle C—Control of Coal Combustion Residuals 

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

TITLE III—NATURAL RESOURCES 

Subtitle A—Indian Dam Safety 

Sec. 3101. Indian dam safety. 

Subtitle B—Irrigation Rehabilitation and Renovation for Indian Tribal Governments 

and Their Economies 

Sec. 3201. Definitions. 

PART I—INDIAN IRRIGATION FUND

Sec. 3211. Establishment. 

Sec. 3212. Deposits to fund. 

Sec. 3213. Expenditures from fund. 

Sec. 3214. Investments of amounts. 

Sec. 3215. Transfers of amounts. 

Sec. 3216. Termination. 

PART II—REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN IRRIGATION

PROJECTS

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

projects. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1631 

Sec. 3222. Eligible projects. 

Sec. 3223. Requirements and conditions. 

Sec. 3224. Study of Indian irrigation program and project management. 

Sec. 3225. Tribal consultation and user input. 

Sec. 3226. Allocation among projects. 

Subtitle C—Weber Basin Prepayments 

Sec. 3301. Prepayment of certain repayment obligations under contracts between 

the United States and the Weber Basin Water Conservancy District. 

Subtitle D—Pechanga Water Rights Settlement 

Sec. 3401. Short title. 

Sec. 3402. Purposes. 

Sec. 3403. Definitions. 

Sec. 3404. Approval of the Pechanga Settlement Agreement. 

Sec. 3405. Tribal Water Right. 

Sec. 3406. Satisfaction of claims. 

Sec. 3407. Waiver of claims. 

Sec. 3408. Water facilities. 

Sec. 3409. Pechanga Settlement Fund. 

Sec. 3410. Miscellaneous provisions. 

Sec. 3411. Authorization of appropriations. 

Sec. 3412. Expiration on failure of enforceability date. 

Sec. 3413. Antideficiency. 

Subtitle E—Delaware River Basin Conservation 

Sec. 3501. Findings. 

Sec. 3502. Definitions. 

Sec. 3503. Program establishment. 

Sec. 3504. Grants and assistance. 

Sec. 3505. Annual letter. 

Sec. 3506. Prohibition on use of funds for Federal acquisition of interests in land. 

Sec. 3507. Sunset. 

Subtitle F—Miscellaneous Provisions 

Sec. 3601. Bureau of Reclamation Dakotas Area Office permit fees for cabins and 

trailers. 

Sec. 3602. Use of trailer homes at Heart Butte Dam and Reservoir (Lake Tschida). 

Sec. 3603. Lake Tahoe Restoration. 

Sec. 3604. Tuolumne Band of Me-Wuk Indians. 

Sec. 3605. San Luis Rey settlement agreement implementation. 

Sec. 3606. Tule River Indian Tribe. 

Sec. 3607. Morongo Band of Mission Indians. 

Sec. 3608. Choctaw Nation of Oklahoma and the Chickasaw Nation Water Settlement. 

Subtitle G—Blackfeet Water Rights Settlement 

Sec. 3701. Short title. 

Sec. 3702. Purposes. 

Sec. 3703. Definitions. 

Sec. 3704. Ratification of compact. 

Sec. 3705. Milk river water right. 

Sec. 3706. Water delivery through milk river project. 

Sec. 3707. Bureau of reclamation activities to improve water management. 

Sec. 3708. St. Mary canal hydroelectric power generation. 

Sec. 3709. Storage allocation from Lake Elwell. 

Sec. 3710. Irrigation activities. 

Sec. 3711. Design and construction of MR&I System. 

Sec. 3712. Design and construction of water storage and irrigation facilities. 

Sec. 3713. Blackfeet water, storage, and development projects. 

Sec. 3714. Easements and rights-of-way. 

Sec. 3715. Tribal water rights. 

Sec. 3716. Blackfeet settlement trust fund. 

Sec. 3717. Blackfeet water settlement implementation fund. 

Sec. 3718. Authorization of appropriations. 

Sec. 3719. Water rights in Lewis and Clark National Forest and Glacier National 

Park. 

Sec. 3720. Waivers and releases of claims. 

Sec. 3721. Satisfaction of claims. 

Sec. 3722. Miscellaneous provisions. 


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130 STAT. 1632 PUBLIC LAW 114–322—DEC. 16, 2016 

Sec. 3723. Expiration on failure to meet enforceability date. 

Sec. 3724. Antideficiency. 

Subtitle H—Water Desalination 

Sec. 3801. Reauthorization of Water Desalination Act of 1996. 

Subtitle I—Amendments to the Great Lakes Fish and Wildlife Restoration Act of 

1990 

Sec. 3901. Amendments to the Great Lakes Fish and Wildlife Restoration Act of 

1990. 

Subtitle J—California Water 

Sec. 4001. Operations and reviews. 

Sec. 4002. Scientifically supported implementation of OMR flow requirements. 

Sec. 4003. Temporary operational flexibility for storm events. 

Sec. 4004. Consultation on coordinated operations. 

Sec. 4005. Protections. 

Sec. 4006. New Melones Reservoir. 

Sec. 4007. Storage. 

Sec. 4008. Losses caused by the construction and operation of storage projects. 

Sec. 4009. Other water supply projects. 

Sec. 4010. Actions to benefit threatened and endangered species and other wildlife. 

Sec. 4011. Offsets and water storage account. 

Sec. 4012. Savings language. 

Sec. 4013. Duration. 

Sec. 4014. Definitions. 

TITLE IV—OTHER MATTERS 

Sec. 5001. Congressional notification requirements. 

Sec. 5002. Reauthorization of Denali Commission. 

Sec. 5003. Recreational access for floating cabins at TVA reservoirs. 

Sec. 5004. Gold King Mine spill recovery. 

Sec. 5005. Great Lakes Restoration Initiative. 

Sec. 5006. Rehabilitation of high hazard potential dams. 

Sec. 5007. Chesapeake Bay grass survey. 

Sec. 5008. Water infrastructure finance and innovation. 

Sec. 5009. Report on groundwater contamination. 

Sec. 5010. Columbia River Basin restoration. 

Sec. 5011. Regulation of aboveground storage at farms. 

Sec. 5012. Irrigation districts. 

Sec. 5013. Estuary restoration. 

Sec. 5014. Environmental banks. 

TITLE I—WATER RESOURCES 

DEVELOPMENT 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Water Resources Development 

Act of 2016’’. 

SEC. 1002. SECRETARY DEFINED. 

In this title, the term ‘‘Secretary’’ means the Secretary of the 

Army. 

Subtitle A—General Provisions 

SEC. 1101. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS. 

Section 213 of the Water Resources Development Act of 2000 

(33 U.S.C. 2339) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

33 USC 2201 

note. 

Water Resources 

Development Act 

of 2016. 

33 USC 2201 

note. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1633 

‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS ORGANIZA- TIONS.—The Secretary, to the maximum extent practicable, shall 

enter into cooperative agreements with qualified youth service and 

conservation corps organizations for services relating to projects 

under the jurisdiction of the Secretary and shall do so in a manner 

that ensures the maximum participation and opportunities for such 

organizations.’’. 

SEC. 1102. NAVIGATION SAFETY. 

The Secretary shall use section 5 of the Act of March 4, 1915 

(38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation 

safety activities at those projects eligible for operation and maintenance under section 204(f) of the Water Resources Development 

Act of 1986 (33 U.S.C. 2232(f)). 

SEC. 1103. EMERGING HARBORS. 

Section 210 of the Water Resources Development Act of 1986 

(33 U.S.C. 2238) is amended— 

(1) in subsection (c)(3) by striking ‘‘for each of fiscal years 

2015 through 2022’’ and inserting ‘‘for each fiscal year’’; and 

(2) by striking subsection (d)(1)(A) and inserting the following: 

‘‘(A) IN GENERAL.—For each fiscal year, if priority funds 

are available, the Secretary shall use at least 10 percent 

of such funds for emerging harbor projects.’’. 

SEC. 1104. FEDERAL BREAKWATERS AND JETTIES. 

(a) IN GENERAL.—The Secretary, at Federal expense, shall 

establish an inventory and conduct an assessment of the general 

structural condition of all Federal breakwaters and jetties protecting 

harbors and inland harbors within the United States. 

(b) CONTENTS.—The inventory and assessment carried out 

under subsection (a) shall include— 

(1) compiling location information for all Federal breakwaters and jetties protecting harbors and inland harbors within 

the United States; 

(2) determining the general structural condition of each 

breakwater and jetty; 

(3) analyzing the potential risks to navigational safety, 

and the impact on the periodic maintenance dredging needs 

of protected harbors and inland harbors, resulting from the 

general structural condition of each breakwater and jetty; and 

(4) estimating the costs, for each breakwater and jetty, 

to restore or maintain the breakwater or jetty to authorized 

levels and the total of all such costs. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, the Secretary shall submit to Congress 

a report on the results of the inventory and assessment carried 

out under subsection (a). 

SEC. 1105. REMOTE AND SUBSISTENCE HARBORS. 

Section 2006 of the Water Resources Development Act of 2007 

(33 U.S.C. 2242) is amended— 

(1) in subsection (a)(3) by inserting ‘‘in which the project 

is located, or the long-term viability of a community that is 

located in the region that is served by the project and that 

will rely on the project,’’ after ‘‘community’’; and 

(2) in subsection (b)— 

33 USC 2232 

note. 


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130 STAT. 1634 PUBLIC LAW 114–322—DEC. 16, 2016 

(A) in paragraph (1) by inserting ‘‘and communities 

that are located in the region to be served by the project 

and that will rely on the project’’ after ‘‘community’’; 

(B) in paragraph (4) by striking ‘‘local population’’ and 

inserting ‘‘regional population to be served by the project’’; 

and 

(C) in paragraph (5) by striking ‘‘community’’ and 

inserting ‘‘local community and communities that are 

located in the region to be served by the project and that 

will rely on the project’’. 

SEC. 1106. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING. 

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of 

the operation and maintenance of the alternative project, and any 

remaining costs necessary for maintaining the Federal navigation 

channel, are less than the costs of maintaining such channel without 

the alternative project. 

SEC. 1107. GREAT LAKES NAVIGATION SYSTEM. 

Section 210(d)(1)(B) of the Water Resources Development Act 

of 1986 (33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding 

clause (i) by striking ‘‘For each of fiscal years 2015 through 2024’’ 

and inserting ‘‘For each fiscal year’’. 

SEC. 1108. FUNDING FOR HARBOR MAINTENANCE PROGRAMS. 

Section 2101 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2238b) is amended— 

(1) in subsection (b)(1), in the matter preceding subparagraph (A), by striking ‘‘The target total’’ and inserting ‘‘Except 

as provided in subsection (c), the target total’’; 

(2) by redesignating subsection (c) as subsection (d); and 

(3) by inserting after subsection (b) the following: 

‘‘(c) EXCEPTION.—If the target total budget resources for a fiscal 

year described in subparagraphs (A) through (J) of subsection (b)(1) 

is lower than the target total budget resources for the previous 

fiscal year, the target total budget resources shall be adjusted 

to be equal to the lesser of— 

‘‘(1) 103 percent of the total budget resources appropriated 

for the previous fiscal year; or 

‘‘(2) 100 percent of the total amount of harbor maintenance 

taxes received in the previous fiscal year.’’. 

SEC. 1109. MAINTENANCE OF HARBORS OF REFUGE. 

The Secretary is authorized to maintain federally authorized 

harbors of refuge to restore and maintain the authorized dimensions 

of the harbors. 

SEC. 1110. DONOR PORTS AND ENERGY TRANSFER PORTS. 

Section 2106 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2238c) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (2) through (6) as 

paragraphs (3) through (7), respectively; 

(B) by inserting after paragraph (1) the following: 

33 USC 2238d. 

33 USC 2326d. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1635 

‘‘(2) DISCRETIONARY CARGO.—The term ‘discretionary cargo’ 

means maritime cargo for which the United States port of 

unlading is different than the United States port of entry.’’; 

(C) in paragraph (3) (as redesignated)— 

(i) by redesignating subparagraphs (A) through (D) 

as clauses (i) through (iv), respectively, and indenting 

appropriately; 

(ii) in the matter preceding clause (i) (as redesignated) by striking ‘‘The term’’ and inserting the following: 

‘‘(A) IN GENERAL.—The term’’; and 

(iii) by adding at the end the following: 

‘‘(B) CALCULATION.—For the purpose of calculating the 

percentage described in subparagraph (A)(iii), payments 

described under subsection (c)(1) shall not be included.’’; 

(D) in paragraph (5)(A) (as redesignated), by striking 

‘‘Code of Federal Regulation’’ and inserting ‘‘Code of Federal 

Regulations’’; and 

(E) by adding at the end the following: 

‘‘(8) MEDIUM-SIZED DONOR PORT.—The term ‘medium-sized 

donor port’ means a port— 

‘‘(A) that is subject to the harbor maintenance fee 

under section 24.24 of title 19, Code of Federal Regulations 

(or a successor regulation); 

‘‘(B) at which the total amount of harbor maintenance 

taxes collected comprise annually more than $5,000,000 

but less than $15,000,000 of the total funding of the Harbor 

Maintenance Trust Fund established under section 9505 

of the Internal Revenue Code of 1986; 

‘‘(C) that received less than 25 percent of the total 

amount of harbor maintenance taxes collected at that port 

in the previous 5 fiscal years; and 

‘‘(D) that is located in a State in which more than 

2,000,000 cargo containers were unloaded from or loaded 

onto vessels in fiscal year 2012.’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘donor ports’’ and 

inserting ‘‘donor ports, medium-sized donor ports,’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘and’’ at the 

end; and 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) shall be made available to a port as either a 

donor port, medium-sized donor port, or an energy transfer 

port, and no port may receive amounts from more than 

1 designation; and 

‘‘(C) for donor ports and medium-sized donor ports— 

‘‘(i) 50 percent of the funds shall be equally divided 

between the eligible donor ports as authorized by this 

section; and 

‘‘(ii) 50 percent of the funds shall be divided 

between the eligible donor ports and eligible mediumsized 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)— 


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130 STAT. 1636 PUBLIC LAW 114–322—DEC. 16, 2016 

(A) in the matter preceding paragraph (1), by striking 

‘‘donor port’’ and inserting ‘‘donor port, a medium-sized 

donor port,’’; and 

(B) in paragraph (1)— 

(i) by striking ‘‘or shippers transporting cargo’’; 

(ii) by striking ‘‘U.S. Customs and Border Protection’’ and inserting ‘‘the Secretary’’; and 

(iii) by striking ‘‘amount of harbor maintenance 

taxes collected’’ and inserting ‘‘value of discretionary 

cargo’’; 

(4) by striking subsection (d) and inserting the following: 

‘‘(d) ADMINISTRATION OF PAYMENTS.— ‘‘(1) IN GENERAL.—If a donor port, a medium-sized donor 

port, or an energy transfer port elects to provide payments 

to importers under subsection (c), the Secretary shall transfer 

to the Commissioner of U.S. Customs and Border Protection 

an amount equal to those payments that would otherwise be 

provided to the port under this section to provide the payments 

to the importers of the discretionary cargo that is— 

‘‘(A) shipped through the port; and 

‘‘(B) most at risk of diversion to seaports outside of 

the United States. 

‘‘(2) REQUIREMENT.—The Secretary, in consultation with 

a port electing to provide payments under subsection (c), shall 

determine the top importers at the port, as ranked by the 

value of discretionary cargo, and payments shall be limited 

to those top importers.’’; 

(5) in subsection (f)— 

(A) in paragraph (1) by striking ‘‘2018’’ and inserting 

‘‘2020’’; 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) DIVISION BETWEEN DONOR PORTS, MEDIUM-SIZED DONOR

PORTS, AND ENERGY TRANSFER PORTS.—For each fiscal year, 

amounts made available to carry out this section shall be 

provided in equal amounts to— 

‘‘(A) donor ports and medium-sized donor ports; and 

‘‘(B) energy transfer ports.’’; and 

(C) in paragraph (3)— 

(i) by striking ‘‘2015 through 2018’’ and inserting 

‘‘2016 through 2020’’; and 

(ii) by striking ‘‘2019 through 2022’’ and inserting 

‘‘2021 through 2025’’; and 

(6) by adding at the end the following: 

‘‘(g) SAVINGS CLAUSE.—Nothing in this section waives any 

statutory requirement related to the transportation of merchandise 

as authorized under chapter 551 of title 46, United States Code.’’. 

SEC. 1111. HARBOR DEEPENING. 

Section 101(a)(1) of the Water Resources Development Act of 

1986 (33 U.S.C. 2211(a)(1)) is amended— 

(1) in the matter preceding subparagraph (A) by striking 

‘‘the date of enactment of this Act’’ and inserting ‘‘the date 

of enactment of the Water Resources Reform and Development 

Act of 2014 (Public Law 113–121)’’; 

(2) in subparagraph (B) by striking ‘‘45 feet’’ and inserting 

‘‘50 feet’’; and 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1637 

(3) in subparagraph (C) by striking ‘‘45 feet’’ and inserting 

‘‘50 feet’’. 

SEC. 1112. IMPLEMENTATION GUIDANCE. 

Section 2102 of the Water Resources Reform and Development 

Act of 2014 (Public Law 113–121; 128 Stat. 1273) is amended 

by adding at the end the following: 

‘‘(d) GUIDANCE.—Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016, the Secretary shall publish on the website of the Corps of Engineers 

guidance on the implementation of this section and the amendments 

made by this section.’’. 

SEC. 1113. NON-FEDERAL INTEREST DREDGING AUTHORITY. 

(a) IN GENERAL.—The Secretary may permit a non-Federal 

interest to carry out, for an authorized navigation project (or a 

separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is 

maintained to not less than the minimum project dimensions. 

(b) COST LIMITATIONS.—Except as provided in this section and 

subject to the availability of appropriations, the costs incurred 

by a non-Federal interest in performing the maintenance activities 

described in subsection (a) shall be eligible for reimbursement, 

not to exceed an amount that is equal to the estimated Federal 

cost for the performance of the maintenance activities, with any 

reimbursement subject to the non-Federal interest complying with 

all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary. 

(c) AGREEMENT.—Before initiating maintenance activities under 

this section, a non-Federal interest shall enter into an agreement 

with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to 

the non-Federal interest and the Secretary. 

(d) PROVISION OF EQUIPMENT.—In carrying out maintenance 

activities under this section, a non-Federal interest shall— 

(1) provide equipment at no cost to the Federal Government; and 

(2) hold and save the United States free from any and 

all damage that arises from the use of the equipment of the 

non-Federal interest, except for damage due to the fault or 

negligence of a contractor of the Federal Government. 

(e) REIMBURSEMENT ELIGIBILITY LIMITATIONS.—Costs that are 

eligible for reimbursement under this section are the costs of 

maintenance activities directly related to the costs associated with 

operation and maintenance of a dredge based on the lesser of— 

(1) the costs associated with operation and maintenance 

of the dredge during the period of time that the dredge is 

being used in the performance of work for the Federal Government during a given fiscal year; or 

(2) the actual fiscal year Federal appropriations that are 

made available for the portion of the maintenance activities 

for which the dredge was used. 

(f) AUDIT.—Not earlier than 5 years after the date of enactment 

of this Act, the Secretary may conduct an audit on any maintenance 

activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this 

section to determine if permitting a non-Federal interest to carry 

out maintenance activities under this section has resulted in— 

33 USC 2326e. 

33 USC 2238 

note. 


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(1) improved reliability and safety for navigation; and 

(2) cost savings to the Federal Government. 

(g) TERMINATION OF AUTHORITY.—The authority of the Secretary under this section terminates on the date that is 10 years 

after the date of enactment of this Act. 

SEC. 1114. TRANSPORTATION COST SAVINGS. 

Section 210(e)(3) of the Water Resources Development Act of 

1986 (33 U.S.C. 2238(e)(3)) is amended— 

(1) by redesignating subparagraph (B) as subparagraph 

(C); and 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) ADDITIONAL REQUIREMENT.—In the first report 

submitted under subparagraph (A) following the date of 

enactment of the Water Resources Development Act of 

2016, the Secretary shall identify, to the maximum extent 

practicable, transportation cost savings realized by 

achieving and maintaining the constructed width and depth 

for the harbors and inland harbors referred to in subsection 

(a)(2), on a project-by-project basis.’’. 

SEC. 1115. RESERVOIR SEDIMENT. 

(a) IN GENERAL.—Section 215 of the Water Resources Development Act of 2000 (33 U.S.C. 2326c) is amended to read as follows: 

‘‘SEC. 215. RESERVOIR SEDIMENT. 

‘‘(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of the Water Resources Development Act of 2016 and 

after providing public notice, the Secretary shall establish, using 

available funds, a pilot program to accept services provided by 

a non-Federal interest or commercial entity for removal of sediment 

captured behind a dam owned or operated by the United States 

and under the jurisdiction of the Secretary for the purpose of 

restoring the authorized storage capacity of the project concerned. 

‘‘(b) REQUIREMENTS.—In carrying out this section, the Secretary 

shall— 

‘‘(1) review the services of the non-Federal interest or 

commercial entity to ensure that the services are consistent 

with the authorized purposes of the project concerned; 

‘‘(2) ensure that the non-Federal interest or commercial 

entity will indemnify the United States for, or has entered 

into an agreement approved by the Secretary to address, any 

adverse impact to the dam as a result of such services; 

‘‘(3) require the non-Federal interest or commercial entity, 

prior to initiating the services and upon completion of the 

services, to conduct sediment surveys to determine the preand post-services sediment profile and sediment quality; and 

‘‘(4) limit the number of dams for which services are 

accepted to 10. 

‘‘(c) LIMITATION.— 

‘‘(1) IN GENERAL.—The Secretary may not accept services 

under subsection (a) if the Secretary, after consultation with 

the Chief of Engineers, determines that accepting the services 

is not advantageous to the United States. 

‘‘(2) REPORT TO CONGRESS.—If the Secretary makes a determination under paragraph (1), the Secretary shall provide to 

the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1639 

and Public Works of the Senate written notice describing the 

reasoning for the determination. 

‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In exchange for providing services under subsection (a), a non-Federal interest or 

commercial entity is authorized to retain, use, recycle, sell, or 

otherwise dispose of any sediment removed in connection with 

the services and the Corps of Engineers may not seek any compensation for the value of the sediment. 

‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to accepting services 

provided by a non-Federal interest or commercial entity under 

this section, the Secretary shall provide to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Environment and Public Works of the Senate 

written notice of the acceptance of the services. 

‘‘(f) REPORT TO CONGRESS.—Upon completion of services at the 

10 dams allowed under subsection (b)(4), the Secretary shall make 

publicly available and submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 

documenting the results of the services.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Water Resources Development Act of 2000 is amended 

by striking the item relating to section 215 and inserting the 

following: 

‘‘Sec. 215. Reservoir sediment.’’. 

SEC. 1116. WATER SUPPLY CONSERVATION. 

(a) IN GENERAL.—In a State in which a drought emergency 

has been declared or was in effect during the 1-year period ending 

on the date of enactment of this Act, the Secretary is authorized— 

(1) to conduct an evaluation for purposes of approving 

water supply conservation measures that are consistent with 

the authorized purposes of water resources development 

projects under the jurisdiction of the Secretary; and 

(2) to enter into written agreements pursuant to section 

221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) 

with non-Federal interests to carry out the conservation measures approved by such evaluations. 

(b) ELIGIBILITY.—Water supply conservation measures evaluated under subsection (a) may include the following: 

(1) Stormwater capture. 

(2) Releases for ground water replenishment or aquifer 

storage and recovery. 

(3) Releases to augment water supply at another Federal 

or non-Federal storage facility. 

(4) Other conservation measures that enhance usage of 

a Corps of Engineers project for water supply. 

(c) COSTS.—A non-Federal interest shall pay only the separable 

costs associated with the evaluation, implementation, operation, 

and maintenance of an approved water supply conservation 

measure, which payments may be accepted and expended by the 

Corps of Engineers to cover such costs. 

(d) STATUTORY CONSTRUCTION.—Nothing in this section may 

be construed to modify or alter the obligations of a non-Federal 

interest under existing or future agreements for— 

(1) water supply storage pursuant to section 301 of the 

Water Supply Act of 1958 (43 U.S.C. 390b); or 


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(2) surplus water use pursuant to section 6 of the Act 

of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 

708). 

(e) LIMITATIONS.—Nothing in this section— 

(1) affects, modifies, or changes the authorized purposes 

of a Corps of Engineers project; 

(2) affects existing Corps of Engineers authorities, including 

its authorities with respect to navigation, flood damage reduction, and environmental protection and restoration; 

(3) affects the Corps of Engineers ability to provide for 

temporary deviations; 

(4) affects the application of a cost-share requirement under 

section 101, 102, or 103 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2211, 2212, and 2213); 

(5) supersedes or modifies any written agreement between 

the Federal Government and a non-Federal interest that is 

in effect on the date of enactment of this Act; 

(6) supersedes or modifies any amendment to an existing 

multistate water control plan, including those water control 

plans along the Missouri River and those water control plans 

in the Apalachicola-Chattahoochee-Flint and Alabama-CoosaTallapoosa basins; 

(7) affects any water right in existence on the date of 

enactment of this Act; or 

(8) preempts or affects any State water law or interstate 

compact governing water. 

SEC. 1117. DROUGHT EMERGENCIES. 

(a) AUTHORIZED ACTIVITIES.—With respect to a State in which 

a drought emergency is in effect on the date of enactment of 

this Act, or was in effect at any time during the 1-year period 

ending on such date of enactment, and upon the request of the 

Governor of the State, the Secretary is authorized to— 

(1) prioritize the updating of the water control manuals 

for control structures under the jurisdiction of the Secretary 

that are located in the State; and 

(2) incorporate into the update seasonal operations for 

water conservation and water supply for such control structures. 

(b) COORDINATION.—The Secretary shall carry out the update 

under subsection (a) in coordination with all appropriate Federal 

agencies, elected officials, and members of the public. 

(c) STATUTORY CONSTRUCTION.—Nothing in this section affects, 

modifies, or changes the authorized purposes of a Corps of Engineers project, or affects the applicability of section 301 of the 

Water Supply Act of 1958 (43 U.S.C. 390b). 

SEC. 1118. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED 

WATER SUPPLY. 

(a) IN GENERAL.—At the request of a non-Federal interest, 

the Secretary may review proposals to increase the quantity of 

available supplies of water at a Federal water resources development project through— 

(1) modification of the project; 

(2) modification of how the project is managed; or 

(3) accessing water released from the project. 

(b) PROPOSALS INCLUDED.—A proposal under subsection (a) may 

include— 

43 USC 390b–2. 


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(1) increasing the storage capacity of the project; 

(2) diversion of water released or withdrawn from the 

project— 

(A) to recharge groundwater; 

(B) to aquifer storage and recovery; or 

(C) to any other storage facility; 

(3) construction of facilities for delivery of water from 

pumping stations constructed by the Secretary; 

(4) construction of facilities to access water; and 

(5) a combination of the activities described in paragraphs 

(1) through (4). 

(c) EXCLUSIONS.—This section shall not apply to a proposal 

that— 

(1) reallocates existing water supply or hydropower storage; 

or 

(2) reduces water available for any authorized project purpose. 

(d) OTHER FEDERAL PROJECTS.—In any case in which a proposal 

relates to a Federal project that is not operated by the Secretary, 

this section shall apply only to activities under the authority of 

the Secretary. 

(e) REVIEW PROCESS.— 

(1) NOTICE.—On receipt of a proposal submitted under 

subsection (a), the Secretary shall provide a copy of the proposal 

to each entity described in paragraph (2) and, if applicable, 

the Federal agency that operates the project, in the case of 

a project operated by an agency other than the Department 

of the Army. 

(2) PUBLIC PARTICIPATION.—In reviewing proposals submitted under subsection (a), and prior to making any decisions 

regarding a proposal, the Secretary shall comply with all 

applicable public participation requirements under law, 

including consultation with— 

(A) affected States; 

(B) power marketing administrations, in the case of 

reservoirs with Federal hydropower projects; 

(C) entities responsible for operation and maintenance 

costs; 

(D) any entity that has a contractual right from the 

Federal Government or a State to withdraw water from, 

or use storage at, the project; 

(E) entities that the State determines hold rights under 

State law to the use of water from the project; and 

(F) units of local government with flood risk reduction 

responsibilities downstream of the project. 

(f) AUTHORITIES.—A proposal submitted to the Secretary under 

subsection (a) may be reviewed and approved, if applicable and 

appropriate, under— 

(1) the specific authorization for the water resources 

development project; 

(2) section 216 of the Flood Control Act of 1970 (33 U.S.C. 

549a); 

(3) section 301 of the Water Supply Act of 1958 (43 U.S.C. 

390b); and 

(4) section 14 of the Act of March 3, 1899 (30 Stat. 1152, 

chapter 425; 33 U.S.C. 408). 


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(g) LIMITATIONS.—The Secretary shall not approve a proposal 

submitted under subsection (a) that— 

(1) is not supported by the Federal agency that operates 

the project, if that agency is not the Department of the Army; 

(2) interferes with an authorized purpose of the project; 

(3) adversely impacts contractual rights to water or storage 

at the reservoir; 

(4) adversely impacts legal rights to water under State 

law, as determined by an affected State; 

(5) increases costs for any entity other than the entity 

that submitted the proposal; or 

(6) if a project is subject to section 301(e) of the Water 

Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications 

to the project that do not meet the requirements of that section 

unless the modification is submitted to and authorized by Congress. 

(h) COST SHARE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), 100 

percent of the cost of developing, reviewing, and implementing 

a proposal submitted under subsection (a) shall be provided 

by an entity other than the Federal Government. 

(2) PLANNING ASSISTANCE TO STATES.—In the case of a 

proposal from an entity authorized to receive assistance under 

section 22 of the Water Resources Development Act of 1974 

(42 U.S.C. 1962d–16), the Secretary may use funds available 

under that section to pay 50 percent of the cost of a review 

of a proposal submitted under subsection (a). 

(3) OPERATION AND MAINTENANCE COSTS.— 

(A) IN GENERAL.—Except as provided in subparagraphs 

(B) and (C), the operation and maintenance costs for the 

non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation 

and maintenance costs associated with the costs of implementing the proposal. 

(B) CERTAIN WATER SUPPLY STORAGE PROJECTS.—For 

a proposal submitted under subsection (a) for constructing 

additional water supply storage at a reservoir for use under 

a water supply storage agreement, in addition to the costs 

under subparagraph (A), the non-Federal costs shall 

include the proportional share of any joint-use costs for 

operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with 

section 301 of the Water Supply Act of 1958 (43 U.S.C. 

390b). 

(C) VOLUNTARY CONTRIBUTIONS.—An entity other than 

an entity described in subparagraph (A) may voluntarily 

contribute to the costs of implementing a proposal submitted under subsection (a). 

(i) CONTRIBUTED FUNDS.—The Secretary may receive and 

expend funds contributed by a non-Federal interest for the review 

and approval of a proposal submitted under subsection (a). 

(j) ASSISTANCE.—On request by a non-Federal interest, the 

Secretary may provide technical assistance in the development or 

implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the nonFederal interest contracts with the Secretary to pay all costs of 

providing the technical assistance. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1643 

(k) EXCLUSION.—This section shall not apply to reservoirs in— 

(1) the Upper Missouri River; 

(2) the Apalachicola-Chattahoochee-Flint river system; 

(3) the Alabama-Coosa-Tallapoosa river system; and 

(4) the Stones River. 

(l) EFFECT OF SECTION.—Nothing in this section affects or modifies any authority of the Secretary to review or modify reservoirs. 

SEC. 1119. INDIAN TRIBES. 

Section 1156 of the Water Resources Development Act of 1986 

(33 U.S.C. 2310) is amended— 

(1) in the section heading by inserting ‘‘AND INDIAN TRIBES’’ 

after ‘‘TERRITORIES’’; and 

(2) in subsection (a)— 

(A) by striking ‘‘projects in American’’ and inserting 

‘‘projects— 

‘‘(1) in American’’; 

(B) by striking the period at the end and inserting 

‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(2) for any Indian tribe (as defined in section 102 of 

the Federally Recognized Indian Tribe List Act of 1994 (25 

U.S.C. 5130)).’’. 

SEC. 1120. TRIBAL CONSULTATION REPORTS. 

(a) REVIEW.—The Secretary shall submit to the Committee 

on Environment and Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives the following: 

(1) Not later than 30 days after the date of enactment 

of this Act, all reports of the Corps of Engineers developed 

pursuant to its Tribal Consultation Policy, dated November 

2012, and submitted to the Office of Management and Budget 

before the date of enactment of this Act. 

(2) Not later than 30 days after the date of the submission 

to the Committees under paragraph (1), all reports of the 

Corps of Engineers developed pursuant to its Tribal Consultation Policy, dated November 2012, or successor policy, and 

submitted to the Office of Management and Budget after the 

date of enactment of this Act. 

(3) Not later than 1 year after the date of enactment 

of this Act, a report that describes the results of a review 

by the Secretary of existing policies, regulations, and guidance 

related to consultation with Indian tribes on water resources 

development projects or other activities that require the 

approval of, or the issuance of a permit by, the Secretary 

and that may have an impact on tribal cultural or natural 

resources. 

(b) CONSULTATION.—In completing the review under subsection 

(a)(3), the Secretary shall provide for public and private meetings 

with Indian tribes and other stakeholders. 

(c) NO DELAYS.—During the review required under subsection 

(a)(3), the Secretary shall ensure that— 

(1) all existing tribal consultation policies, regulations, and 

guidance continue to be implemented; and 

(2) the review does not affect an approval or issuance 

of a permit required by the Secretary. 


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130 STAT. 1644 PUBLIC LAW 114–322—DEC. 16, 2016 

SEC. 1121. TRIBAL PARTNERSHIP PROGRAM. 

Section 203 of the Water Resources Development Act of 2000 

(33 U.S.C. 2269) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘the Secretary’’ and all that follows 

through ‘‘projects’’ and inserting ‘‘the Secretary may carry 

out water-related planning activities, or activities relating 

to the study, design, and construction of water resources 

development projects,’’; 

(B) in paragraph (2) by striking ‘‘(2) MATTERS TO BE

STUDIED.—A study’’ and inserting the following: 

‘‘(2) AUTHORIZED ACTIVITIES.—An activity’’; and 

(C) by adding at the end the following: 

‘‘(3) FEASIBILITY STUDY AND REPORTS.— ‘‘(A) IN GENERAL.—On the request of an Indian tribe, 

the Secretary shall conduct a study on, and provide to 

the Indian tribe a report describing, the feasibility of a 

water resources development project described in paragraph (1). 

‘‘(B) RECOMMENDATION.—A report under subparagraph 

(A) may, but shall not be required to, contain a recommendation on a specific water resources development 

project. 

‘‘(4) DESIGN AND CONSTRUCTION.— 

‘‘(A) IN GENERAL.—The Secretary may carry out the 

design and construction of a water resources development 

project described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the 

project is not more than $10,000,000. 

‘‘(B) SPECIFIC AUTHORIZATION.—If the Federal share 

of the cost of a project described in subparagraph (A) is 

more than $10,000,000, the Secretary may only carry out 

the project if Congress enacts a law authorizing the Secretary to carry out the project.’’; 

(2) in subsection (c)— 

(A) in paragraph (1) by striking ‘‘studies’’ and inserting 

‘‘an activity’’; and 

(B) in paragraph (2)(B) by striking ‘‘carrying out 

projects studied’’ and inserting ‘‘an activity conducted’’; and 

(3) in subsection (d)— 

(A) in paragraph (1)(A) by striking ‘‘a study’’ and 

inserting ‘‘an activity conducted’’; and 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) CREDIT.—The Secretary may credit toward the nonFederal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other inkind 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. 


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‘‘(B) OTHER COSTS.—The non-Federal share of costs 

of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 101 and 103 of the Water 

Resources Development Act of 1986 (33 U.S.C. 2211, 2213) 

and shared in the same percentages as the purposes to 

which the costs are assigned. 

‘‘(5) WATER-RELATED PLANNING ACTIVITIES.— 

‘‘(A) IN GENERAL.—The non-Federal share of costs of 

a watershed and river basin assessment conducted under 

subsection (b) shall be 25 percent. 

‘‘(B) OTHER COSTS.—The non-Federal share of costs 

of other water-related planning activities described in subsection (b)(1) shall be 50 percent.’’. 

SEC. 1122. BENEFICIAL USE OF DREDGED MATERIAL. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall establish a pilot program 

to carry out projects for the beneficial use of dredged material, 

including projects for the purposes of— 

(1) reducing storm damage to property and infrastructure; 

(2) promoting public safety; 

(3) protecting, restoring, and creating aquatic ecosystem 

habitats; 

(4) stabilizing stream systems and enhancing shorelines; 

(5) promoting recreation; 

(6) supporting risk management adaptation strategies; and 

(7) reducing the costs of dredging and dredged material 

placement or disposal, such as projects that use dredged material for— 

(A) construction or fill material; 

(B) civic improvement objectives; and 

(C) other innovative uses and placement alternatives 

that produce public economic or environmental benefits. 

(b) PROJECT SELECTION.—In carrying out the pilot program, 

the Secretary shall— 

(1) identify for inclusion in the pilot program and carry 

out 10 projects for the beneficial use of dredged material; 

(2) consult with relevant State agencies in selecting 

projects; and 

(3) select projects solely on the basis of— 

(A) the environmental, economic, and social benefits 

of the projects, including monetary and nonmonetary benefits; and 

(B) the need for a diversity of project types and geographical project locations. 

(c) REGIONAL BENEFICIAL USE TEAMS.— 

(1) IN GENERAL.—In carrying out the pilot program, the 

Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the 

pilot program. 

(2) COMPOSITION.— 

(A) LEADERSHIP.—For each regional beneficial use team 

established under paragraph (1), the Secretary shall 

appoint the Commander of the relevant division of the 

Corps of Engineers to serve as the head of the team. 

33 USC 2326 

note. 


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130 STAT. 1646 PUBLIC LAW 114–322—DEC. 16, 2016 

(B) MEMBERSHIP.—The membership of each regional 

beneficial use team shall include— 

(i) representatives of relevant Corps of Engineers 

districts and divisions; 

(ii) representatives of relevant State and local 

agencies; and 

(iii) representatives of Federal agencies and such 

other entities as the Secretary determines appropriate, 

consistent with the purposes of this section. 

(d) CONSIDERATIONS.—The Secretary shall carry out the pilot 

program in a manner that— 

(1) maximizes the beneficial placement of dredged material 

from Federal and non-Federal navigation channels; 

(2) incorporates, to the maximum extent practicable, 2 or 

more Federal navigation, flood control, storm damage reduction, 

or environmental restoration projects; 

(3) coordinates the mobilization of dredges and related 

equipment, including through the use of such efficiencies in 

contracting and environmental permitting as can be implemented under existing laws and regulations; 

(4) fosters Federal, State, and local collaboration; 

(5) implements best practices to maximize the beneficial 

use of dredged sand and other sediments; and 

(6) ensures that the use of dredged material is consistent 

with all applicable environmental laws. 

(e) COST SHARING.— 

(1) IN GENERAL.—Projects carried out under this section 

shall be subject to the cost-sharing requirements applicable 

to projects carried out under section 204 of the Water Resources 

Development Act of 1992 (33 U.S.C. 2326). 

(2) ADDITIONAL COSTS.—Notwithstanding paragraph (1), if 

the cost of transporting and depositing dredged material for 

a project carried out under this section exceeds the cost of 

carrying out those activities pursuant to any other water 

resources project in accordance, if applicable, with the Federal 

standard (as defined in section 335.7 of title 33, Code of Federal 

Regulations), the Secretary may not require the non-Federal 

interest to bear the additional cost of such activities. 

(f) REPORT.—Not later than 2 years after the date of enactment 

of this Act, and annually thereafter, the Secretary shall submit 

to the Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report that includes— 

(1) a description of the projects selected to be carried out 

under the pilot program; 

(2) documentation supporting each of the projects selected; 

(3) the findings of regional beneficial use teams regarding 

project selection; and 

(4) any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program. 

(g) TERMINATION.—The pilot program shall terminate after 

completion of the 10 projects carried out pursuant to subsection 

(b)(1). 

(h) EXEMPTION FROM OTHER STANDARDS.—The projects carried 

out under this section shall be carried out notwithstanding the 

definition of the term ‘‘Federal standard’’ in section 335.7 of title 

33, Code of Federal Regulations. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1647 

(i) REGIONAL SEDIMENT MANAGEMENT.—Section 204 of the 

Water Resources Development Act of 1992 (33 U.S.C. 2326) is 

amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘For sediment’’ and inserting the following: 

‘‘(A) SEDIMENT FROM FEDERAL WATER RESOURCES

PROJECTS.—For sediment’’; and 

(B) by adding at the end the following: 

‘‘(B) SEDIMENT FROM OTHER FEDERAL SOURCES AND

NON-FEDERAL SOURCES.—For purposes of projects carried 

out under this section, the Secretary may include sediment 

from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from 

a non-Federal source shall not be obtained at Federal 

expense.’’; and 

(2) in subsection (d) by adding at the end the following: 

‘‘(3) SPECIAL RULE.—Disposal of dredged material under 

this subsection may include a single or periodic application 

of sediment for beneficial use and shall not require operation 

and maintenance. 

‘‘(4) DISPOSAL AT NON-FEDERAL COST.—The Secretary may 

accept funds from a non-Federal interest to dispose of dredged 

material as provided under section 103(d)(1) of the Water 

Resources Development Act of 1986 (33 U.S.C. 2213(d)(1)).’’. 

(j) CLARIFICATION.—Section 156(e) of the Water Resources 

Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by 

striking ‘‘3’’ and inserting ‘‘6’’. 

SEC. 1123. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION. 

Section 506(g) of the Water Resources Development Act of 

2000 (42 U.S.C. 1962d–22(g)) is repealed. 

SEC. 1124. CORPS OF ENGINEERS OPERATION OF UNMANNED AIRCRAFT SYSTEMS. 

(a) IN GENERAL.—The Secretary shall designate an individual, 

within the headquarters office of the Corps of Engineers, who 

shall serve as the coordinator and principal approving official for 

developing the process and procedures by which the Corps of Engineers— 

(1) operates and maintains small unmanned aircraft (as 

defined in section 331 of the FAA Modernization and Reform 

Act of 2012 (49 U.S.C. 40101 note)) systems in support of 

civil works and emergency response missions of the Corps of 

Engineers; and 

(2) acquires, applies for, and receives any necessary Federal 

Aviation Administration authorizations for such operations and 

systems. 

(b) REQUIREMENTS.—A small unmanned aircraft system 

acquired, operated, or maintained for carrying out the missions 

specified in subsection (a) shall be operated in accordance with 

regulations of the Federal Aviation Administration as a civil aircraft 

or public aircraft, at the discretion of the Secretary, and shall 

be exempt from regulations of the Department of Defense, including 

the Department of the Army, governing such system. 

(c) LIMITATION.—A small unmanned aircraft system acquired, 

operated, or maintained by the Corps of Engineers is excluded 

from use by the Department of Defense, including the Department 

33 USC 576c. 


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130 STAT. 1648 PUBLIC LAW 114–322—DEC. 16, 2016 

of the Army, for any mission of the Department of Defense other 

than a mission specified in subsection (a). 

SEC. 1125. FUNDING TO PROCESS PERMITS. 

Section 214(a) of the Water Resources Development Act of 

2000 (33 U.S.C. 2352(a)) is amended— 

(1) in paragraph (1) by adding at the end the following: 

‘‘(C) RAILROAD CARRIER.—The term ‘railroad carrier’ 

has the meaning given the term in section 20102 of title 

49, United States Code.’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘or natural gas company’’ and inserting 

‘‘, natural gas company, or railroad carrier’’; and 

(B) by striking ‘‘or company’’ and inserting ‘‘, company, 

or carrier’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘or natural gas company’’ and inserting 

‘‘, natural gas company, or railroad carrier’’; and 

(B) by striking ‘‘7 years’’ and inserting ‘‘10 years’’; 

and 

(4) in paragraph (5) by striking ‘‘and natural gas companies’’ and inserting ‘‘, natural gas companies, and railroad carriers, including an evaluation of the compliance with the 

requirements of this section and, with respect to a permit 

for those entities, the requirements of applicable Federal laws’’. 

SEC. 1126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS 

BY NON-FEDERAL INTERESTS. 

Section 203 of the Water Resources Development Act of 1986 

(33 U.S.C. 2231) is amended by adding at the end the following: 

‘‘(e) TECHNICAL ASSISTANCE.—At the request of a non-Federal 

interest, the Secretary may provide to the non-Federal interest 

technical assistance relating to any aspect of a feasibility study 

if the non-Federal interest contracts with the Secretary to pay 

all costs of providing such technical assistance.’’. 

SEC. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD 

DAMAGE REDUCTION PROJECTS. 

Section 204(d) of the Water Resources Development Act of 

1986 (33 U.S.C. 2232(d)) is amended by adding at the end the 

following: 

‘‘(5) DISCRETE SEGMENTS.— 

‘‘(A) IN GENERAL.—The Secretary may authorize credit 

or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable 

element thereof, before final completion of the project or 

separable element if— 

‘‘(i) except as provided in clause (ii), the Secretary 

determines that the discrete segment satisfies the 

requirements of paragraphs (1) through (4) in the same 

manner as the project or separable element; and 

‘‘(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans 

under paragraph (1)(A)(i), that the discrete segment 

is technically feasible and environmentally acceptable. 

‘‘(B) DETERMINATION.—Credit or reimbursement may 

not be made available to a non-Federal interest pursuant 

to this paragraph until the Secretary determines that— 


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‘‘(i) the construction of the discrete segment for 

which credit or reimbursement is requested is complete; and 

‘‘(ii) the construction is consistent with the 

authorization of the applicable flood damage reduction 

project, or separable element thereof, and the plans 

approved under paragraph (1)(A)(i). 

‘‘(C) WRITTEN AGREEMENT.— ‘‘(i) IN GENERAL.—As part of the written agreement 

required under paragraph (1)(A)(iii), a non-Federal 

interest to be eligible for credit or reimbursement 

under this paragraph shall— 

‘‘(I) identify any discrete segment that the nonFederal interest may carry out; and 

‘‘(II) agree to the completion of the flood damage reduction project, or separable element thereof, 

with respect to which the discrete segment is a 

part and establish a timeframe for such completion. 

‘‘(ii) REMITTANCE.—If a non-Federal interest fails 

to complete a flood damage reduction project, or separable element thereof, that it agreed to complete under 

clause (i)(II), the non-Federal interest shall remit any 

reimbursements received under this paragraph for a 

discrete segment of such project or separable element. 

‘‘(D) DISCRETE SEGMENT DEFINED.—In this paragraph, 

the term ‘discrete segment’ means a physical portion of 

a flood damage reduction project, or separable element 

thereof— 

‘‘(i) described by a non-Federal interest in a written 

agreement required under paragraph (1)(A)(iii); and 

‘‘(ii) that the non-Federal interest can operate and 

maintain, independently and without creating a 

hazard, in advance of final completion of the flood 

damage reduction project, or separable element 

thereof.’’. 

SEC. 1128. MULTISTATE ACTIVITIES. 

Section 22 of the Water Resources Development Act of 1974 

(42 U.S.C. 1962d–16) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘or other non-Federal interest’’ and 

inserting ‘‘, group of States, or non-Federal interest’’; 

(B) by inserting ‘‘or group of States’’ after ‘‘working 

with a State’’; and 

(C) by inserting ‘‘or group of States’’ after ‘‘boundaries 

of such State’’; and 

(2) in subsection (c)(1) by adding at the end the following: 

‘‘The Secretary may allow 2 or more States to combine all 

or a portion of the funds that the Secretary makes available 

to the States in carrying out subsection (a)(1).’’. 

SEC. 1129. PLANNING ASSISTANCE TO STATES. 

Section 22 of the Water Resources Development Act of 1974 

(42 U.S.C. 1962d–16) is amended by adding at the end the following: 

‘‘(f) SPECIAL RULE.—The cost-share for assistance under this 

section provided to Indian tribes, the Commonwealth of Puerto 


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Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the 

Pacific Islands shall be as provided under section 1156 of the 

Water Resources Development Act of 1986 (33 U.S.C. 2310).’’. 

SEC. 1130. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY 

ACTIVITIES. 

(a) NATIONAL LEVEE SAFETY PROGRAM.—Section 9002 of the 

Water Resources Development Act of 2007 (33 U.S.C. 3301) is 

amended— 

(1) in paragraph (11) by striking ‘‘State or Indian tribe’’ 

and inserting ‘‘State, regional district, or Indian tribe’’; 

(2) by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and 

(3) by inserting after paragraph (11) the following: 

‘‘(12) REGIONAL DISTRICT.—The term ‘regional district’ 

means a subdivision of a State government, or a subdivision 

of multiple State governments, that is authorized to acquire, 

construct, operate, and maintain projects for the purpose of 

flood damage reduction.’’. 

(b) INVENTORY AND INSPECTION OF LEVEES.—Section 9004 of 

the Water Resources Development Act of 2007 (33 U.S.C. 3303) 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (1) by striking ‘‘one year after the 

date of enactment of this Act’’ and inserting ‘‘1 year after 

the date of enactment of the Water Resources Development 

Act of 2016’’; 

(B) in paragraph (2)(A) by striking ‘‘States, Indian 

tribes, Federal agencies, and other entities’’ and inserting 

‘‘States, regional districts, Indian tribes, Federal agencies, 

and other entities’’; and 

(C) in paragraph (3)— 

(i) in the heading for subparagraph (A) by striking 

‘‘FEDERAL, STATE, AND LOCAL’’ and inserting ‘‘FEDERAL, STATE, REGIONAL, TRIBAL, AND LOCAL’’; and 

(ii) in subparagraph (A) by striking ‘‘Federal, State, 

and local’’ and inserting ‘‘Federal, State, regional, 

tribal, and local’’; and 

(2) in subsection (c)— 

(A) in paragraph (4)— 

(i) in the paragraph heading by striking ‘‘STATE

AND TRIBAL’’ and inserting ‘‘STATE, REGIONAL, AND

TRIBAL’’; and 

(ii) by striking ‘‘State or Indian tribe’’ each place 

it appears and inserting ‘‘State, regional district, or 

Indian tribe’’; and 

(B) in paragraph (5)— 

(i) by striking ‘‘State or Indian tribe’’ and inserting 

‘‘State, regional district, or Indian tribe’’; and 

(ii) by striking ‘‘chief executive of the tribal government’’ and inserting ‘‘chief executive of the regional 

district or tribal government’’. 

(c) LEVEE SAFETY INITIATIVE.—Section 9005 of the Water 

Resources Development Act of 2007 (33 U.S.C. 3303a) is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 


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(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘1 year after the date of enactment of this subsection’’ and inserting ‘‘1 year 

after the date of enactment of the Water Resources 

Development Act of 2016’’; and 

(II) by striking ‘‘State, local, and tribal governments and organizations’’ and inserting ‘‘State, 

regional, local, and tribal governments and 

organizations’’; and 

(ii) in subparagraph (A) by striking ‘‘Federal, State, 

tribal, and local agencies’’ and inserting ‘‘Federal, 

State, regional, local, and tribal agencies’’; 

(B) in paragraph (3)— 

(i) in subparagraph (A) by striking ‘‘State, local, 

and tribal governments,’’ and inserting ‘‘State, regional, 

local, and tribal governments’’; and 

(ii) in subparagraph (B) by inserting ‘‘, regional, 

or tribal’’ after ‘‘State’’ each place it appears; and 

(C) in paragraph (5)(A) by striking ‘‘States, non-Federal 

interests, and other appropriate stakeholders’’ and 

inserting ‘‘States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders’’; 

(2) in subsection (e)(1) in the matter preceding subparagraph (A) by striking ‘‘States, communities, and levee owners’’ 

and inserting ‘‘States, regional districts, Indian tribes, communities, and levee owners’’; 

(3) in subsection (g)— 

(A) in the subsection heading by striking ‘‘STATE AND

TRIBAL’’ and inserting ‘‘STATE, REGIONAL, AND TRIBAL’’; 

(B) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘1 year after the date of enactment of this subsection’’ and inserting ‘‘1 year 

after the date of enactment of the Water Resources 

Development Act of 2016’’; and 

(II) by striking ‘‘State or tribal’’ and inserting 

‘‘State, regional, or tribal’’; and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘State and Indian tribe’’ and 

inserting ‘‘State, regional district, and Indian 

tribe’’; and 

(II) by striking ‘‘State or Indian tribe’’ and 

inserting ‘‘State, regional district, or Indian tribe’’; 

and 

(C) in paragraph (2)— 

(i) in the paragraph heading by striking ‘‘STATES’’ 

and inserting ‘‘STATES, REGIONAL DISTRICTS, AND INDIAN

TRIBES’’; 

(ii) in subparagraph (A) by striking ‘‘States and 

Indian tribes’’ and inserting ‘‘States, regional districts, 

and Indian tribes’’; 

(iii) in subparagraph (B)— 

(I) in the matter preceding clause (i) by 

striking ‘‘State or Indian tribe’’ and inserting 

‘‘State, regional district, or Indian tribe’’; 


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130 STAT. 1652 PUBLIC LAW 114–322—DEC. 16, 2016 

(II) in clause (ii) by striking ‘‘levees within 

the State’’ and inserting ‘‘levees within the State 

or regional district’’; and 

(III) in clause (iii) by striking ‘‘State or Indian 

tribe’’ and inserting ‘‘State, regional district, or 

Indian tribe’’; 

(iv) in subparagraph (C)(ii) in the matter preceding 

subclause (I) by striking ‘‘State or tribal’’ and inserting 

‘‘State, regional, or tribal’’; and 

(v) in subparagraph (E)— 

(I) by striking ‘‘States and Indian tribes’’ each 

place it appears and inserting ‘‘States, regional 

districts, and Indian tribes’’; 

(II) in clause (ii)(II)— 

(aa) in the matter preceding item (aa) by 

striking ‘‘State or Indian tribe’’ and inserting 

‘‘State, regional district, or Indian tribe’’; 

(bb) in item (aa) by striking ‘‘miles of 

levees in the State’’ and inserting ‘‘miles of 

levees in the State or regional district’’; and 

(cc) in item (bb) by striking ‘‘miles of 

levees in all States’’ and inserting ‘‘miles of 

levees in all States and regional districts’’; 

and 

(III) in clause (iii)— 

(aa) by striking ‘‘State or Indian tribe’’ 

and inserting ‘‘State, regional district, or 

Indian tribe’’; and 

(bb) by striking ‘‘State or tribal’’ and 

inserting ‘‘State, regional, or tribal’’; and 

(4) in subsection (h)— 

(A) in paragraph (1) by striking ‘‘States, Indian tribes, 

and local governments’’ and inserting ‘‘States, regional districts, Indian tribes, and local governments’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A) by 

striking ‘‘State, Indian tribe, or local government’’ and 

inserting ‘‘State, regional district, Indian tribe, or local 

government’’; and 

(ii) in subparagraph (E) in the matter preceding 

clause (i) by striking ‘‘State or tribal’’ and inserting 

‘‘State, regional, or tribal’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A) by striking ‘‘State, Indian 

tribe, or local government’’ and inserting ‘‘State, 

regional district, Indian tribe, or local government’’; 

and 

(ii) in subparagraph (D) by striking ‘‘180 days after 

the date of enactment of this subsection’’ and inserting 

‘‘180 days after the date of enactment of the Water 

Resources Development Act of 2016’’; and 

(D) in paragraph (4)(A)(i) by striking ‘‘State or tribal’’ 

and inserting ‘‘State, regional, or tribal’’. 

(d) REPORTS.—Section 9006 of the Water Resources Development Act of 2007 (33 U.S.C. 3303b) is amended— 

(1) in subsection (a)(1)— 


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(A) in the matter preceding subparagraph (A) by 

striking ‘‘1 year after the date of enactment of this subsection’’ and inserting ‘‘1 year after the date of enactment 

of the Water Resources Development Act of 2016’’; and 

(B) in subparagraph (B) by striking ‘‘State and tribal’’ 

and inserting ‘‘State, regional, and tribal’’; 

(2) in subsection (c)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘2 years after the date of enactment 

of this subsection’’ and inserting ‘‘2 years after the 

date of enactment of the Water Resources Development 

Act of 2016’’; and 

(ii) by striking ‘‘State, tribal, and local’’ and 

inserting ‘‘State, regional, tribal, and local’’; 

(B) in paragraph (2) by striking ‘‘State and tribal’’ 

and inserting ‘‘State, regional, and tribal’’; and 

(C) in paragraph (4) by striking ‘‘State and local’’ and 

inserting ‘‘State, regional, tribal, and local’’; and 

(3) in subsection (d)— 

(A) in the matter preceding paragraph (1) by striking 

‘‘1 year after the date of enactment of this subsection’’ 

and inserting ‘‘1 year after the date of enactment of the 

Water Resources Development Act of 2016’’; and 

(B) in paragraph (2) by striking ‘‘State or tribal’’ and 

inserting ‘‘State, regional, or tribal’’. 

SEC. 1131. PARTICIPATION OF NON-FEDERAL INTERESTS. 

Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 

1962d–5b(b)(1)) is amended by inserting ‘‘and, as defined in section 

3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), 

a Native village, Regional Corporation, and Village Corporation’’ 

after ‘‘Indian tribe’’. 

SEC. 1132. POST-AUTHORIZATION CHANGE REPORTS. 

(a) IN GENERAL.—The completion of a post-authorization change 

report prepared by the Corps of Engineers for a water resources 

development project— 

(1) may not be delayed as a result of consideration being 

given to changes in policy or priority with respect to project 

consideration; and 

(2) shall be submitted, upon completion, to— 

(A) the Committee on Environment and Public Works 

of the Senate; and 

(B) the Committee on Transportation and Infrastructure of the House of Representatives. 

(b) COMPLETION REVIEW.—With respect to a post-authorization 

change report subject to review by the Secretary, the Secretary 

shall, not later than 120 days after the date of completion of 

such report— 

(1) review the report; and 

(2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources 

development project. 

(c) PRIOR REPORTS.—Not later than 120 days after the date 

of enactment of this Act, with respect to any post-authorization 

change report that was completed prior to the date of enactment 

of this Act and is subject to a review by the Secretary that has 

33 USC 2282e. 


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yet to be completed, the Secretary shall complete review of, and 

provide recommendations to Congress with respect to, the report. 

(d) POST-AUTHORIZATION CHANGE REPORT INCLUSIONS.—In this 

section, the term ‘‘post-authorization change report’’ includes— 

(1) a general reevaluation report; 

(2) a limited reevaluation report; and 

(3) any other report that recommends the modification 

of an authorized water resources development project. 

SEC. 1133. MAINTENANCE DREDGING DATA. 

(a) IN GENERAL.—The Secretary shall establish, maintain, and 

make publicly available a database on maintenance dredging carried 

out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels. 

(b) SCOPE.—The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project 

and contract, estimated and actual data on— 

(1) the volume of dredged material removed; 

(2) the initial cost estimate of the Corps of Engineers; 

(3) the total cost; 

(4) the party and vessel carrying out the work; and 

(5) the number of private contractor bids received and 

the bid amounts, including bids that did not win the final 

contract award. 

SEC. 1134. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT 

APPLICATIONS. 

(a) IN GENERAL.—Section 2040 of the Water Resources Development Act of 2007 (33 U.S.C. 2345) is amended to read as follows: 

‘‘SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT 

APPLICATIONS. 

‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 

‘‘(1) IN GENERAL.—The Secretary shall research, develop, 

and implement an electronic system to allow the electronic 

preparation and submission of applications for permits and 

requests for jurisdictional determinations under the jurisdiction 

of the Secretary. 

‘‘(2) INCLUSION.—The electronic system required under 

paragraph (1) shall address— 

‘‘(A) applications for standard individual permits; 

‘‘(B) applications for letters of permission; 

‘‘(C) joint applications with States for State and Federal 

permits; 

‘‘(D) applications for emergency permits; 

‘‘(E) applications or requests for jurisdictional determinations; and 

‘‘(F) preconstruction notification submissions, when 

required for a nationwide or other general permit. 

‘‘(3) IMPROVING EXISTING DATA SYSTEMS.—The Secretary 

shall seek to incorporate the electronic system required under 

paragraph (1) into existing systems and databases of the Corps 

of Engineers to the maximum extent practicable. 

‘‘(4) PROTECTION OF INFORMATION.—The electronic system 

required under paragraph (1) shall provide for the protection 

of personal, private, privileged, confidential, and proprietary 

information, and information the disclosure of which is otherwise prohibited by law. 

33 USC 2326f. 


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‘‘(b) SYSTEM REQUIREMENTS.—The electronic system required 

under subsection (a) shall— 

‘‘(1) enable an applicant or requester to prepare electronically an application for a permit or request; 

‘‘(2) enable an applicant or requester to submit to the 

Secretary, by email or other means through the Internet, the 

completed application form or request; 

‘‘(3) enable an applicant or requester to submit to the 

Secretary, by email or other means through the Internet, data 

and other information in support of the permit application 

or request; 

‘‘(4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling 

out the permit application or request; and 

‘‘(5) enable an applicant or requester (or a designated agent) 

to track the status of a permit application or request in a 

manner that will— 

‘‘(A) allow the applicant or requester to determine 

whether the application is pending or final and the disposition of the request; 

‘‘(B) allow the applicant or requester to research previously submitted permit applications and requests within 

a given geographic area and the results of such applications 

or requests; and 

‘‘(C) allow identification and display of the location 

of the activities subject to a permit or request through 

a map-based interface. 

‘‘(c) DOCUMENTATION.—All permit decisions and jurisdictional 

determinations made by the Secretary shall be in writing and 

include documentation supporting the basis for the decision or 

determination. The Secretary shall prescribe means for documenting 

all decisions or determinations to be made by the Secretary. 

‘‘(d) RECORD OF DETERMINATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination. 

‘‘(2) ARCHIVING OF INFORMATION.—The Secretary shall 

explore and implement an appropriate mechanism for archiving 

records of permit decisions and jurisdictional determinations, 

including documentation supporting the basis of the decisions 

and determinations, after the 5-year maintenance period 

described in paragraph (1). 

‘‘(e) AVAILABILITY OF DETERMINATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall make the records 

of all permit decisions and jurisdictional determinations made 

by the Secretary available to the public for review and reproduction. 

‘‘(2) PROTECTION OF INFORMATION.—The Secretary shall 

provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the 

disclosure of which is prohibited by law, which may be excluded 

from disclosure. 

‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLEMENTATION.— 

‘‘(1) IN GENERAL.—The Secretary shall develop and implement, to the maximum extent practicable, the electronic system 

required under subsection (a) not later than 2 years after 


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the date of enactment of the Water Resources Development 

Act of 2016. 

‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLEMENTATION.— 

Not later than 180 days after the expiration of the deadline 

under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Environment and Public 

Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section. 

‘‘(g) APPLICABILITY.—The requirements described in subsections 

(c), (d), and (e) shall apply to permit applications and requests 

for jurisdictional determinations submitted to the Secretary after 

the date of enactment of the Water Resources Development Act 

of 2016. 

‘‘(h) LIMITATION.—This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of 

a physical copy of a permit application or a request for a jurisdictional determination.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Water Resources Development Act of 2007 is amended 

by striking the item relating to section 2040 and inserting the 

following: 

‘‘Sec. 2040. Electronic submission and tracking of permit applications.’’. 

SEC. 1135. DATA TRANSPARENCY. 

Section 2017 of the Water Resources Development Act of 2007 

(33 U.S.C. 2342) is amended to read as follows: 

‘‘SEC. 2017. ACCESS TO WATER RESOURCE DATA. 

‘‘(a) IN GENERAL.—Using available funds, the Secretary shall 

make publicly available, including on the Internet, all data in 

the custody of the Corps of Engineers on— 

‘‘(1) the planning, design, construction, operation, and 

maintenance of water resources development projects; and 

‘‘(2) water quality and water management of projects 

owned, operated, or managed by the Corps of Engineers. 

‘‘(b) LIMITATION.—Nothing in this section may be construed 

to compel or authorize the disclosure of data or other information 

determined by the Secretary to be confidential information, privileged information, law enforcement information, national security 

information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited 

by law. 

‘‘(c) TIMING.—The Secretary shall ensure that data is made 

publicly available under subsection (a) as quickly as practicable 

after the data is generated by the Corps of Engineers. 

‘‘(d) PARTNERSHIPS.—In carrying out this section, the Secretary 

may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal 

agencies.’’. 

SEC. 1136. QUALITY CONTROL. 

(a) IN GENERAL.—Paragraph (a) of the first section of the Act 

of December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701– 

1(a)), is amended by inserting ‘‘and shall be made publicly available’’ 

before the period at the end of the last sentence. 


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(b) PROJECT ADMINISTRATION.—Section 2041(b)(1) of the Water 

Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is 

amended by inserting ‘‘final post-authorization change report,’’ after 

‘‘final reevaluation report,’’. 

SEC. 1137. REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES. 

Section 213(a) of the Water Resources Development Act of 

1992 (Public Law 102–580; 106 Stat. 4831) is amended by adding 

at the end the following: 

‘‘(4) REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.— 

‘‘(A) IN GENERAL.—In the first annual report submitted 

to Congress after the date of enactment of this paragraph 

in accordance with section 8 of the Act of August 11, 

1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 

925(b) of the Water Resources Development Act of 1986 

(33 U.S.C. 2295(b)), the Secretary shall include a report 

on the amount of acquisitions in the prior fiscal year made 

by the Corps of Engineers for civil works projects from 

entities that manufactured the articles, materials, or supplies outside of the United States. 

‘‘(B) CONTENTS.—The report required under subparagraph (A) shall indicate, for each category of acquisition— 

‘‘(i) the dollar value of articles, materials, and supplies purchased that were manufactured outside of the 

United States; and 

‘‘(ii) a summary of the total procurement funds 

spent on goods manufactured in the United States 

and the total procurement funds spent on goods manufactured outside of the United States. 

‘‘(C) PUBLIC AVAILABILITY.—Not later than 30 days 

after the submission of the report required under subparagraph (A), the Secretary shall make such report publicly 

available, including on the Internet.’’. 

SEC. 1138. INTERNATIONAL OUTREACH PROGRAM. 

Section 401(a) of the Water Resources Development Act of 

1992 (33 U.S.C. 2329(a)) is amended to read as follows: 

‘‘(a) AUTHORIZATION.— 

‘‘(1) IN GENERAL.—The Secretary may engage in activities 

to inform the United States of technological innovations abroad 

that could significantly improve water resources development 

in the United States. 

‘‘(2) INCLUSIONS.—Activities under paragraph (1) may 

include— 

‘‘(A) development, monitoring, assessment, and 

dissemination of information about foreign water resources 

projects that could significantly improve water resources 

development in the United States; 

‘‘(B) research, development, training, and other forms 

of technology transfer and exchange; and 

‘‘(C) offering technical services that cannot be readily 

obtained in the private sector to be incorporated into water 

resources projects if the costs for assistance will be recovered under the terms of each project.’’. 


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SEC. 1139. DAM SAFETY REPAIR PROJECTS. 

The Secretary shall issue guidance— 

(1) on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development 

Act of 1986 (33 U.S.C. 467n(a)) relating to state-of-the-art 

design or construction criteria deemed necessary for safety purposes applies to a dam safety repair project; 

(2) to assist district offices of the Corps of Engineers in 

communicating with non-Federal interests when entering into 

and implementing cost-sharing agreements for dam safety 

repair projects; and 

(3) to assist the Corps of Engineers in communicating 

with non-Federal interests concerning the estimated and final 

cost-share responsibilities of the non-Federal interests under 

agreements for dam safety repair projects. 

SEC. 1140. FEDERAL COST LIMITATION FOR CERTAIN PROJECTS. 

Section 506(c) of the Water Resources Development Act of 2000 

(42 U.S.C. 1962d–22(c)) is amended by adding at the end the 

following: 

‘‘(5) RECREATION FEATURES.—A project carried out pursuant 

to this subsection may include compatible recreation features 

as determined by the Secretary, except that the Federal costs 

of such features may not exceed 10 percent of the Federal 

ecosystem restoration costs of the project.’’. 

SEC. 1141. LAKE KEMP, TEXAS. 

Section 3149(a) of the Water Resources Development Act of 

2007 (Public Law 110–114; 121 Stat. 1147) is amended— 

(1) by striking ‘‘2020’’ and inserting ‘‘2025’’; and 

(2) by striking ‘‘this Act’’ and inserting ‘‘the Water 

Resources Development Act of 2016’’. 

SEC. 1142. CORROSION PREVENTION. 

Section 1033 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2350) is amended by adding at the end 

the following: 

‘‘(d) REPORT.—In the first annual report submitted to Congress 

after the date of enactment of this subsection in accordance with 

section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 

860; 33 U.S.C. 556), and section 925(b) of the Water Resources 

Development Act of 1986 (33 U.S.C. 2295(b)), the Secretary shall 

report on the corrosion prevention activities encouraged under this 

section, including— 

‘‘(1) a description of the actions the Secretary has taken 

to implement this section; and 

‘‘(2) a description of the projects utilizing corrosion prevention activities, including which activities were undertaken.’’. 

SEC. 1143. SEDIMENT SOURCES. 

(a) IN GENERAL.—The Secretary is authorized to undertake 

a study of the economic and noneconomic costs, benefits, and 

impacts of acquiring by purchase, exchange, or otherwise sediment 

from domestic and nondomestic sources for shoreline protection. 

(b) REPORT.—Upon completion of the study, the Secretary shall 

report to Congress on the availability, benefits, and impacts, of 

using domestic and nondomestic sources of sediment for shoreline 

protection. 

33 USC 467n 

note. 


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SEC. 1144. PRIORITIZATION OF CERTAIN PROJECTS. 

The Secretary shall give priority to a project for flood risk 

management if— 

(1) there is an executed project partnership agreement 

for the project; and 

(2) the project is located in an area— 

(A) with respect to which— 

(i) there has been a loss of life due to flood events; 

and 

(ii) the President has declared that a major disaster or emergency exists under section 401 of the 

Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5170); or 

(B) that is at significant risk for catastrophic flooding. 

SEC. 1145. GULF COAST OYSTER BED RECOVERY ASSESSMENT. 

(a) GULF STATES DEFINED.—In this section, the term ‘‘Gulf 

States’’ means each of the States of Alabama, Florida, Louisiana, 

Mississippi, and Texas. 

(b) GULF COAST OYSTER BED RECOVERY ASSESSMENT.—The Secretary, in coordination with the Gulf States, shall conduct an assessment relating to the recovery of oyster beds on the coasts of the 

Gulf States that were damaged by events, including— 

(1) Hurricane Katrina in 2005; 

(2) the Deepwater Horizon oil spill in 2010; and 

(3) floods in 2011 and 2016. 

(c) INCLUSION.—The assessment conducted under subsection 

(b) shall address the beneficial use of dredged material in providing 

substrate for oyster bed development. 

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Environment and Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives a report on the assessment conducted under subsection (b). 

SEC. 1146. INITIATING WORK ON SEPARABLE ELEMENTS. 

With respect to a water resources development project that 

has received construction funds in the previous 6-year period, for 

purposes of initiating work on a separable element of the project— 

(1) no new start or new investment decision shall be 

required; and 

(2) the work shall be treated as ongoing work. 

SEC. 1147. LOWER BOIS D’ARC CREEK RESERVOIR PROJECT, FANNIN 

COUNTY, TEXAS. 

(a) FINALIZATION REQUIRED.—The Secretary shall ensure that 

environmental decisions and reviews related to the construction 

of, impoundment of water in, and operation of the Lower Bois 

d’Arc Creek Reservoir Project, including any associated water transmission facilities, by the North Texas Municipal Water District 

in Fannin County, Texas, are made on an expeditious basis using 

the fastest applicable process. 

(b) INTERIM REPORT.—Not later than June 30, 2017, the Secretary shall report to Congress on the implementation of subsection 

(a). 

33 USC 2331a. 

33 USC 2341b. 


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130 STAT. 1660 PUBLIC LAW 114–322—DEC. 16, 2016 

SEC. 1148. RECREATIONAL ACCESS AT CORPS OF ENGINEERS RESERVOIRS. 

Section 1035 of the Water Resources Reform and Development 

Act of 2014 (Public Law 113–121; 128 Stat. 1234) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) RECREATIONAL ACCESS.—The Secretary shall allow the use 

of a floating cabin on waters under the jurisdiction of the Secretary 

in the Cumberland River basin if— 

‘‘(1) the floating cabin— 

‘‘(A) is in compliance with, and maintained by the 

owner to satisfy the requirements of, regulations for recreational vessels, including health and safety standards, 

issued under chapter 43 of title 46, United States Code, 

and section 312 of the Federal Water Pollution Control 

Act (33 U.S.C. 1322); and 

‘‘(B) is located at a marina leased by the Corps of 

Engineers; and 

‘‘(2) the Secretary has authorized the use of recreational 

vessels on such waters.’’; and 

(2) by adding at the end the following: 

‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

‘‘(1) IN GENERAL.—Nothing in this section may be construed 

to authorize the Secretary to impose requirements on a floating 

cabin or on any facility that serves a floating cabin, including 

marinas or docks located on waters under the jurisdiction of 

the Secretary in the Cumberland River basin, that are different 

or more stringent than the requirements imposed on all recreational vessels authorized to use such waters. 

‘‘(2) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) VESSEL.—The term ‘vessel’ has the meaning given 

that term in section 3 of title 1, United States Code. 

‘‘(B) REQUIREMENT.—The term ‘requirement’ includes 

a requirement imposed through the utilization of guidance.’’. 

SEC. 1149. NO WAKE ZONES IN NAVIGATION CHANNELS. 

(a) IN GENERAL.—At the request of a State or local official, 

the Secretary, in consultation with the Commandant of the Coast 

Guard, shall promptly identify and, subject to the considerations 

in subsection (b), allow the implementation of measures for 

addressing navigation safety hazards in a covered navigation 

channel resulting from wakes created by recreational vessels identified by such official, while maintaining the navigability of the 

channel. 

(b) CONSIDERATIONS.—In identifying measures under subsection 

(a) with respect to a covered navigation channel, the Secretary 

shall consider, at a minimum, whether— 

(1) State or local law enforcement officers have documented 

the existence of safety hazards in the channel that are the 

direct result of excessive wakes from recreational vessels 

present in the channel; 

(2) the Secretary has made a determination that safety 

concerns exist in the channel and that the proposed measures 

will remedy those concerns without significant impacts to the 

navigable capacity of the channel; and 

33 USC 1223 

note. 


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(3) the measures are consistent with any recommendations 

made by the Commandant of the Coast Guard to ensure the 

safety of vessels operating in the channel and the safety of 

the passengers and crew aboard such vessels. 

(c) COVERED NAVIGATION CHANNEL DEFINED.—In this section, 

the term ‘‘covered navigation channel’’ means a navigation channel 

that— 

(1) is federally marked or maintained; 

(2) is part of the Atlantic Intracoastal Waterway; and 

(3) is adjacent to a marina. 

(d) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to relieve the master, pilot, or other person responsible for determining the speed of a vessel from the obligation to comply with 

the inland navigation regulations promulgated pursuant to section 

3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) 

or any other applicable laws or regulations governing the safe 

navigation of a vessel. 

SEC. 1150. ICE JAM PREVENTION AND MITIGATION. 

(a) IN GENERAL.—The Secretary may carry out projects under 

section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 

including planning, design, construction, and monitoring of structural and nonstructural technologies and measures, for preventing 

and mitigating flood damages associated with ice jams. 

(b) INCLUSION.—The projects described in subsection (a) may 

include the development and demonstration of cost-effective technologies and designs developed in consultation with— 

(1) the Cold Regions Research and Engineering Laboratory 

of the Corps of Engineers; 

(2) universities; 

(3) Federal, State, and local agencies; and 

(4) private organizations. 

(c) PILOT PROGRAM.— 

(1) IN GENERAL.—During fiscal years 2017 through 2022, 

the Secretary shall identify and carry out not fewer than 10 

projects under this section to demonstrate technologies and 

designs developed in accordance with this section. 

(2) PROJECT SELECTION.—The Secretary shall ensure that 

the projects are selected from all cold regions of the United 

States, including the Upper Missouri River Basin and the 

Northeast. 

SEC. 1151. STRUCTURAL HEALTH MONITORING. 

(a) IN GENERAL.—The Secretary shall design and develop a 

structural health monitoring program to assess and improve the 

condition of infrastructure constructed and maintained by the Corps 

of Engineers, including research, design, and development of systems and frameworks for— 

(1) response to flood and earthquake events; 

(2) predisaster mitigation measures; 

(3) lengthening the useful life of the infrastructure; and 

(4) identifying risks due to sea level rise. 

(b) CONSULTATION AND CONSIDERATIONS.—In developing the 

program under subsection (a), the Secretary shall— 

(1) consult with academic and other experts; and 

33 USC 2353. 

33 USC 701s 

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(2) consider models for maintenance and repair information, 

the development of degradation models for real-time measurements and environmental inputs, and research on qualitative 

inspection data as surrogate sensors. 

SEC. 1152. KENNEWICK MAN. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) CLAIMANT TRIBES.—The term ‘‘claimant tribes’’ means 

the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce 

Tribe, the Confederated Tribes of the Umatilla Indian Reservation, and the Wanapum Band of Priest Rapids. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the 

Washington State Department of Archaeology and Historic 

Preservation. 

(3) HUMAN REMAINS.—The term ‘‘human remains’’ means 

the human remains that— 

(A) are known as Kennewick Man or the Ancient One, 

which includes the projectile point lodged in the right ilium 

bone, as well as any residue from previous sampling and 

studies; and 

(B) are part of archaeological collection number 

45BN495. 

(b) TRANSFER.—Notwithstanding any other provision of Federal 

law, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington, 

not later than 90 days after the date of enactment of this Act, 

the Secretary, acting through the Chief of Engineers, shall transfer 

the human remains to the Department, on the condition that the 

Department, acting through the State Historic Preservation Officer, 

disposes of the human remains and repatriates the human remains 

to the claimant tribes. 

(c) TERMS AND CONDITIONS.—The transfer shall be subject to 

the following terms and conditions: 

(1) The release of the human remains to the claimant 

tribes is contingent upon the claimant tribes following the 

Department’s requirements in the Revised Code of Washington. 

(2) The claimant tribes verify to the Department their 

agreement on the final burial place of the human remains. 

(3) The claimant tribes verify to the Department their 

agreement that the human remains will be buried in the State 

of Washington. 

(4) The claimant tribes verify to the Department their 

agreement that the Department will take legal custody of the 

human remains upon the transfer by the Secretary. 

(d) COST.—The Corps of Engineers shall be responsible for 

any costs associated with the transfer. 

(e) LIMITATIONS.— 

(1) IN GENERAL.—The transfer shall be limited solely to 

the human remains portion of the archaeological collection. 

(2) SECRETARY.—The Secretary shall have no further 

responsibility for the human remains transferred pursuant to 

subsection (b) after the date of the transfer. 


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SEC. 1153. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES. 

Section 1024 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2325a) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary is 

authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private 

entity to repair, restore, replace, or maintain a water resources 

project in any case in which the District Commander determines 

that— 

‘‘(1) there is a risk of adverse impacts to the functioning 

of the project for the authorized purposes of the project; and 

‘‘(2) acceptance of the materials and services or funds is 

in the public interest.’’; 

(2) by redesignating subsection (c) as subsection (d); 

(3) by inserting after subsection (b) the following: 

‘‘(c) ADDITIONAL REQUIREMENTS.— 

‘‘(1) APPLICABLE LAWS AND REGULATIONS.—The Secretary 

may only use materials or services accepted under this section 

if such materials and services comply with all applicable laws 

and regulations that would apply if such materials and services 

were acquired by the Secretary. 

‘‘(2) SUPPLEMENTARY SERVICES.—The Secretary may only 

accept and use services under this section that provide supplementary services to existing Federal employees, and may only 

use such services to perform work that would not otherwise 

be accomplished as a result of funding or personnel limitations.’’; and 

(4) in subsection (d) (as redesignated by paragraph (2)) 

in the matter preceding paragraph (1)— 

(A) by striking ‘‘Not later than 60 days after initiating 

an activity under this section,’’ and inserting ‘‘Not later 

than February 1 of each year after the first fiscal year 

in which materials, services, or funds are accepted under 

this section,’’; and 

(B) by striking ‘‘a report’’ and inserting ‘‘an annual 

report’’. 

SEC. 1154. MUNITIONS DISPOSAL. 

Section 1027 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 426e–2) is amended— 

(1) in subsection (a), in the matter preceding paragraph 

(1), by inserting ‘‘, at full Federal expense,’’ after ‘‘The Secretary 

may’’; and 

(2) in subsection (b) by striking ‘‘funded’’ and inserting 

‘‘reimbursed’’. 

SEC. 1155. MANAGEMENT OF RECREATION FACILITIES. 

Section 225 of the Water Resources Development Act of 1992 

(33 U.S.C. 2328) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) USER FEES.— 

‘‘(1) COLLECTION OF FEES.— ‘‘(A) IN GENERAL.—The Secretary may allow a nonFederal public entity that has entered into an agreement 


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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 nonFederal public entity described in subparagraph (A) may 

use, to manage fee collections and reservations under this 

section, any visitor reservation service that the Secretary 

has provided for by contract or interagency agreement, 

subject to such terms and conditions as the Secretary determines to be appropriate. 

‘‘(2) USE OF FEES.—A non-Federal public entity that collects 

user fees under paragraph (1)— 

‘‘(A) may retain up to 100 percent of the fees collected, 

as determined by the Secretary; and 

‘‘(B) notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), shall use any 

retained amount for operation, maintenance, and management activities at the recreation site at which the fee 

is collected. 

‘‘(3) TERMS AND CONDITIONS.—The authority of a non-Federal public entity under this subsection shall be subject to 

such terms and conditions as the Secretary determines necessary to protect the interests of the United States.’’. 

SEC. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY. 

(a) IN GENERAL.—Section 14 of the Act of March 3, 1899 (30 

Stat. 1152, chapter 425; 33 U.S.C. 408), is amended— 

(1) by striking ‘‘That it shall not be lawful’’ and inserting 

the following: 

‘‘(a) PROHIBITIONS AND PERMISSIONS.—It shall not be lawful’’; 

and 

(2) by adding at the end the following: 

‘‘(b) CONCURRENT REVIEW.— 

‘‘(1) NEPA REVIEW.— 

‘‘(A) IN GENERAL.—In any case in which an activity 

subject to this section requires a review under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

review and approval of the activity under this section shall, 

to the maximum extent practicable, occur concurrently with 

any review and decisions made under that Act. 

‘‘(B) CORPS OF ENGINEERS AS A COOPERATING AGENCY.— 

If the Corps of Engineers is not the lead Federal agency 

for an environmental review described in subparagraph 

(A), the Corps of Engineers shall, to the maximum extent 

practicable and consistent with Federal laws— 

‘‘(i) participate in the review as a cooperating 

agency (unless the Corps of Engineers does not intend 

to submit comments on the project); and 

‘‘(ii) adopt and use any environmental document 

prepared under the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) by the lead agency 

to the same extent that a Federal agency could adopt 

or use a document prepared by another Federal agency 

under— 


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‘‘(I) the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.); and 

‘‘(II) parts 1500 through 1508 of title 40, Code 

of Federal Regulations (or successor regulations). 

‘‘(2) REVIEWS BY SECRETARY.—In any case in which the 

Secretary must approve an action under this section and under 

another authority, including sections 9 and 10 of this Act, 

section 404 of the Federal Water Pollution Control Act (33 

U.S.C. 1344), and section 103 of the Marine Protection, 

Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the 

Secretary shall— 

‘‘(A) coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and 

‘‘(B) adopt and use any document prepared by the 

Corps of Engineers for the purpose of complying with the 

same law and that addresses the same types of impacts 

in the same geographic area if such document, as determined by the Secretary, is current and applicable. 

‘‘(3) CONTRIBUTED FUNDS.—The Secretary may accept and 

expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent 

occupation or use of a work built by the United States. 

‘‘(c) TIMELY REVIEW.— 

‘‘(1) COMPLETE APPLICATION.—On or before the date that 

is 30 days after the date on which the Secretary receives 

an application for permission to take action affecting public 

projects pursuant to subsection (a), the Secretary shall inform 

the applicant whether the application is complete and, if it 

is not, what items are needed for the application to be complete. 

‘‘(2) DECISION.—On or before the date that is 90 days 

after the date on which the Secretary receives a complete 

application for permission under subsection (a), the Secretary 

shall— 

‘‘(A) make a decision on the application; or 

‘‘(B) provide a schedule to the applicant identifying 

when the Secretary will make a decision on the application. 

‘‘(3) NOTIFICATION TO CONGRESS.—In any case in which 

a schedule provided under paragraph (2)(B) extends beyond 

120 days from the date of receipt of a complete application, 

the Secretary shall provide to the Committee on Environment 

and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for 

review.’’. 

(b) GUIDANCE.—Section 1007 of the Water Resources Reform 

and Development Act of 2014 (33 U.S.C. 408a) is amended by 

adding at the end the following: 

‘‘(f) GUIDANCE.— 

‘‘(1) IN GENERAL.—Not later than 120 days after the date 

of enactment of this subsection, the Secretary shall issue guidance on the implementation of this section. 

‘‘(2) INCORPORATION.—In issuing guidance under paragraph 

(1), or any other regulation, guidance, or engineering circular 

related to activities covered under section 14 of the Act of 

March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), 


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the Secretary shall incorporate the requirements under this 

section. 

‘‘(g) PRIORITIZATION.—The Secretary shall prioritize and complete the activities required of the Secretary under this section.’’. 

SEC. 1157. PROJECT COMPLETION. 

(a) COMPLETION OF PROJECTS AND PROGRAMS.— (1) IN GENERAL.—For any project or program of assistance 

authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835), the 

Secretary is authorized to carry out the project to completion 

if— 

(A) as of the date of enactment of this Act, the project has received more than $4,000,000 in Federal appropriations and those appropriations equal an amount that is 

greater than 80 percent of the authorized amount; 

(B) as of the date of enactment of this Act, significant 

progress has been demonstrated toward completion of the 

project or segments of the project but the project is not 

complete; and 

(C) the benefits of the Federal investment will not 

be realized without completion of the project. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this 

subsection $50,000,000 for fiscal years 2017 through 2021. 

(b) MODIFICATION OF PROJECTS OR PROGRAMS OF ASSISTANCE.— 

Section 7001(f) of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2282d(f)) is amended by adding at the 

end the following: 

‘‘(5) WATER RESOURCES DEVELOPMENT PROJECT.—The term 

‘water resources development project’ includes a project under 

an environmental infrastructure assistance program if authorized before the date of enactment of the Water Resources 

Development Act of 2016.’’. 

SEC. 1158. NEW ENGLAND DISTRICT HEADQUARTERS. 

(a) IN GENERAL.—Subject to subsection (b), using amounts 

available in the revolving fund established by the first section 

of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 

576), and not otherwise obligated, the Secretary may— 

(1) design, renovate, and construct additions to 2 buildings 

located on Hanscom Air Force Base in Bedford, Massachusetts, 

for the headquarters of the New England District of the Corps 

of Engineers; and 

(2) carry out such construction and infrastructure improvements as are required to support the headquarters of the New 

England District of the Corps of Engineers, including any necessary demolition of the existing infrastructure. 

(b) REQUIREMENT.—In carrying out subsection (a), the Secretary 

shall ensure that the revolving fund established by such first section 

is appropriately reimbursed from funds appropriated for programs 

that receive a benefit under this section. 

SEC. 1159. BUFFALO DISTRICT HEADQUARTERS. 

(a) IN GENERAL.—Subject to subsection (b), using amounts 

available in the revolving fund established by the first section 

of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 

576), and not otherwise obligated, the Secretary may— 


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(1) design and construct a new building in Buffalo, New 

York, for the headquarters of the Buffalo District of the Corps 

of Engineers; and 

(2) carry out such construction and infrastructure improvements as are required to support the headquarters and related 

installations and facilities of the Buffalo District of the Corps 

of Engineers, including any necessary demolition or renovation 

of the existing infrastructure. 

(b) REQUIREMENT.—In carrying out subsection (a), the Secretary 

shall ensure that the revolving fund established by such first section 

is appropriately reimbursed from funds appropriated for programs 

that receive a benefit under this section. 

SEC. 1160. FUTURE FACILITY INVESTMENT. 

The first section of the Act of July 27, 1953 (67 Stat. 199, 

chapter 245; 33 U.S.C. 576), is amended— 

(1) by striking ‘‘For establishment of a revolving fund’’ 

and inserting the following: 

‘‘(a) REVOLVING FUND.—For establishment of a revolving fund’’; 

and 

(2) by adding at the end the following: 

‘‘(b) PROHIBITION.— 

‘‘(1) IN GENERAL.—No funds may be expended or obligated 

from the revolving fund described in subsection (a) to newly 

construct, or perform a major renovation on, a building for 

use by the Corps of Engineers unless specifically authorized 

by law. 

‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this subsection 

may be construed to— 

‘‘(A) change any authority provided under subchapter 

I of chapter 169 of title 10; or 

‘‘(B) change the use of funds under subsection (a) for 

purposes other than those described in paragraph (1). 

‘‘(c) TRANSMISSION TO CONGRESS OF PROSPECTUS.—To secure 

consideration for an authorization under subsection (b), the Secretary shall transmit to the Committee on Transportation and 

Infrastructure of the House of Representative and the Committee 

on Environment and Public Works of the Senate a prospectus 

of the proposed construction or major renovation of a building 

that includes— 

‘‘(1) a brief description of the building; 

‘‘(2) the location of the building; 

‘‘(3) an estimate of the maximum cost to be provided by 

the revolving fund for the building to be constructed or renovated; 

‘‘(4) the total size of the building after the proposed 

construction or major renovation; 

‘‘(5) the number of personnel proposed to be housed in 

the building after the construction or major renovation; 

‘‘(6) a statement that other suitable space owned by the 

Federal Government is not available; 

‘‘(7) a statement of rents and other housing costs currently 

being paid for the tenants proposed to be housed in the building; 

and 

‘‘(8) the size of the building currently housing the tenants 

proposed to be housed in the building. 

‘‘(d) PROVISION OF BUILDING PROJECT SURVEYS.— 

33 USC 701b–10. 


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‘‘(1) IN GENERAL.—If requested by resolution by the Committee on Environment and Public Works of the Senate or 

the Committee on Transportation and Infrastructure of the 

House of Representatives, the Secretary shall create a building 

project survey for the construction or major renovation of a 

building described in subsection (b). 

‘‘(2) REPORT.—Within a reasonable time after creating a 

building project survey under paragraph (1), the Secretary shall 

submit to Congress a report on the survey that includes the 

information required to be included in a prospectus under subsection (c). 

‘‘(e) MAJOR RENOVATION DEFINED.—In this section, the term 

‘major renovation’ means a renovation or alteration of a building 

for use by the Corps of Engineers with a total expenditure of 

more than $20,000,000.’’. 

SEC. 1161. COMPLETION OF ECOSYSTEM RESTORATION PROJECTS. 

Section 2039 of the Water Resources Development Act of 2007 

(33 U.S.C. 2330a) is amended by adding at the end the following: 

‘‘(d) INCLUSIONS.—A monitoring plan under subsection (b) shall 

include a description of— 

‘‘(1) the types and number of restoration activities to be 

conducted; 

‘‘(2) the physical action to be undertaken to achieve the 

restoration objectives of the project; 

‘‘(3) the functions and values that will result from the 

restoration plan; and 

‘‘(4) a contingency plan for taking corrective actions in 

cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with 

criteria described in the monitoring plan. 

‘‘(e) CONCLUSION OF OPERATION AND MAINTENANCE RESPONSI- BILITY.—The responsibility of a non-Federal interest for operation 

and maintenance of the nonstructural and nonmechanical elements 

of a project, or a component of a project, for ecosystem restoration 

shall cease 10 years after the date on which the Secretary makes 

a determination of success under subsection (b)(2). 

‘‘(f) FEDERAL OBLIGATIONS.—The Secretary is not responsible 

for the operation or maintenance of any components of a project 

with respect to which a non-Federal interest is released from obligations under subsection (e).’’. 

SEC. 1162. FISH AND WILDLIFE MITIGATION. 

Section 906 of the Water Resources Development Act of 1986 

(33 U.S.C. 2283) is amended— 

(1) in subsection (h)— 

(A) in paragraph (4)— 

(i) by redesignating subparagraphs (D) and (E) 

as subparagraphs (E) and (F), respectively; and 

(ii) by inserting after subparagraph (C) the following: 

‘‘(D) include measures to protect or restore habitat 

connectivity;’’; 

(B) in paragraph (6)(C) by striking ‘‘impacts’’ and 

inserting ‘‘impacts, including impacts to habitat 

connectivity’’; and 

(C) by striking paragraph (11) and inserting the following: 


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‘‘(11) EFFECT.—Nothing in this subsection— 

‘‘(A) requires the Secretary to undertake additional 

mitigation for existing projects for which mitigation has 

already been initiated, including the addition of fish passage to an existing water resources development project; 

or 

‘‘(B) affects the mitigation responsibilities of the Secretary under any other provision of law.’’; and 

(2) by adding at the end the following: 

‘‘(j) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—The Secretary, with the consent of the 

applicable non-Federal interest, may use funds made available 

for preconstruction engineering and design after authorization 

of project construction to satisfy mitigation requirements 

through third-party arrangements or to acquire interests in 

land necessary for meeting mitigation requirements under this 

section. 

‘‘(2) NOTIFICATION.—Prior to the expenditure of any funds 

for a project pursuant to paragraph (1), the Secretary shall 

notify the Committee on Appropriations and the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the 

Committee on Environment and Public Works of the Senate. 

‘‘(k) MEASURES.—The Secretary shall consult with interested 

members of the public, the Director of the United States Fish 

and Wildlife Service, the Assistant Administrator for Fisheries of 

the National Oceanic and Atmospheric Administration, States, 

including State fish and game departments, and interested local 

governments to identify standard measures under subsection 

(h)(6)(C) that reflect the best available scientific information for 

evaluating habitat connectivity.’’. 

SEC. 1163. WETLANDS MITIGATION. 

Section 2036(c) of the Water Resources Development Act of 

2007 (33 U.S.C. 2317b) is amended to read as follows: 

‘‘(c) MITIGATION BANKS AND IN-LIEU FEE ARRANGEMENTS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of the Water Resources Development Act of 2016, 

the Secretary shall issue implementation guidance that provides for the consideration in water resources development 

feasibility studies of the entire amount of potential in-kind 

credits available at mitigation banks approved by the Secretary 

and in-lieu fee programs with an approved service area that 

includes the location of the projected impacts of the water 

resources development project. 

‘‘(2) REQUIREMENTS.—All potential mitigation bank and inlieu fee credits that meet the criteria under paragraph (1) 

shall be considered a reasonable alternative for planning purposes if— 

‘‘(A) the applicable mitigation bank— 

‘‘(i) has an approved mitigation banking 

instrument; and 

‘‘(ii) has completed a functional analysis of the 

potential credits using the approved Corps of Engineers 

certified habitat assessment model specific to the 

region; and 


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‘‘(B) the Secretary determines that the use of such 

banks or in-lieu fee programs provide reasonable assurance 

that the statutory (and regulatory) mitigation requirements 

for a water resources development project are met, 

including monitoring or demonstrating mitigation success. 

‘‘(3) EFFECT.—Nothing in this subsection— 

‘‘(A) modifies or alters any requirement for a water 

resources development project to comply with applicable 

laws or regulations, including section 906 of the Water 

Resources Development Act of 1986 (33 U.S.C. 2283); or 

‘‘(B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu 

fee programs.’’. 

SEC. 1164. DEBRIS REMOVAL. 

Section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 

19; 33 U.S.C. 603a), is amended— 

(1) by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’; 

(2) by striking ‘‘accumulated snags and other debris’’ and 

inserting ‘‘accumulated snags, obstructions, and other debris 

located in or adjacent to a Federal channel’’; and 

(3) by striking ‘‘or flood control’’ and inserting ‘‘, flood 

control, or recreation’’. 

SEC. 1165. DISPOSITION STUDIES. 

(a) IN GENERAL.—In carrying out a disposition study for a 

project of the Corps of Engineers, including a disposition study 

under section 216 of the Flood Control Act of 1970 (33 U.S.C. 

549a) or an assessment under section 6002 of the Water Resources 

Reform and Development Act of 2014 (Public Law 113–121; 128 

Stat. 1349), the Secretary shall consider the extent to which the 

property concerned has economic, cultural, historic, or recreational 

significance or impacts at the national, State, or local level. 

(b) COMPLETION OF ASSESSMENT AND INVENTORY.—Not later 

than 1 year after the date of enactment of this Act, the Secretary 

shall complete the assessment and inventory required under section 

6002(a) of the Water Resources Reform and Development Act of 

2014 (Public Law 113–121; 128 Stat. 1349). 

SEC. 1166. TRANSFER OF EXCESS CREDIT. 

Section 1020(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223(a)) is amended— 

(1) by striking the subsection designation and heading and 

all that follows through ‘‘Subject to subsection (b)’’ and inserting 

the following: 

‘‘(a) APPLICATION OF CREDIT.— 

‘‘(1) IN GENERAL.—Subject to subsection (b)’’; and 

(2) by adding at the end the following: 

‘‘(2) APPLICATION PRIOR TO COMPLETION OF PROJECT.—On 

request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or 

project, if the credit amount is verified by the Secretary.’’. 

SEC. 1167. HURRICANE AND STORM DAMAGE REDUCTION. 

Section 3(c)(2)(B) of the Act of August 13, 1946 (60 Stat. 1056, 

chapter 960; 33 U.S.C. 426g(c)(2)(B)), is amended by striking 

‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

33 USC 578a. 


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SEC. 1168. FISH HATCHERIES. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Secretary may operate a fish hatchery for the purpose of 

restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species 

or an endangered species under the Endangered Species Act of 

1973 (16 U.S.C. 1531 et seq.) or a similar State law. 

(b) COSTS.—A non-Federal entity, another Federal agency, or 

a group of non-Federal entities or other Federal agencies shall 

be responsible for 100 percent of the additional costs associated 

with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of the date of enactment 

of this Act for the fish hatchery. 

SEC. 1169. SHORE DAMAGE PREVENTION OR MITIGATION. 

Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 

426i) is amended— 

(1) in subsection (b) by striking ‘‘measures’’ and all that 

follows through ‘‘project’’ and inserting ‘‘measures, including 

a study, shall be cost-shared in the same proportion as the 

cost-sharing provisions applicable to construction of the project’’; 

and 

(2) by adding at the end the following: 

‘‘(e) REIMBURSEMENT FOR FEASIBILITY STUDIES.—Beginning on 

the date of enactment of this subsection, in any case in which 

the Secretary implements a project under this section, the Secretary 

shall reimburse or credit the non-Federal interest for any amounts 

contributed for the study evaluating the damage in excess of the 

non-Federal share of the costs, as determined under subsection 

(b).’’. 

SEC. 1170. ENHANCING LAKE RECREATION OPPORTUNITIES. 

Section 3134 of the Water Resources Development Act of 2007 

(Public Law 110–114; 121 Stat. 1142) is amended by striking subsection (e). 

SEC. 1171. CREDIT IN LIEU OF REIMBURSEMENT. 

Section 1022 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2225) is amended— 

(1) in subsection (a) by striking ‘‘that has been constructed 

by a non-Federal interest under section 211 of the Water 

Resources Development Act of 1996 (33 U.S.C. 701b–13) before 

the date of enactment of this Act’’ and inserting ‘‘for which 

a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 

211 of the Water Resources Development Act of 1996 (33 U.S.C. 

701b–13) (as it existed before the repeal made by section 

1014(c)(3))’’; and 

(2) in subsection (b) by striking ‘‘share of the cost of the 

non-Federal interest of carrying out other flood damage reduction projects or studies’’ and inserting ‘‘non-Federal share of 

the cost of carrying out other water resources development 

projects or studies of the non-Federal interest’’. 

SEC. 1172. EASEMENTS FOR ELECTRIC, TELEPHONE, OR BROADBAND 

SERVICE FACILITIES. 

(a) DEFINITION OF WATER RESOURCES DEVELOPMENT

PROJECT.—In this section, the term ‘‘water resources development 

33 USC 2354. 

33 USC 2330b. 


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project’’ means a project under the administrative jurisdiction of 

the Corps of Engineers that is subject to part 327 of title 36, 

Code of Federal Regulations (or successor regulations). 

(b) NO CONSIDERATION FOR EASEMENTS.—The Secretary may 

not collect consideration for an easement across water resources 

development project land for the electric, telephone, or broadband 

service facilities of nonprofit organizations eligible for financing 

under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.). 

(c) ADMINISTRATIVE EXPENSES.—Nothing in this section affects 

the authority of the Secretary under section 2695 of title 10, United 

States Code, or under section 9701 of title 31, United State Code, 

to collect funds to cover reasonable administrative expenses 

incurred by the Secretary. 

SEC. 1173. STUDY ON PERFORMANCE OF INNOVATIVE MATERIALS. 

(a) INNOVATIVE MATERIAL DEFINED.—In this section, the term 

‘‘innovative material’’, with respect to a water resources development project, includes high performance concrete formulations, 

geosynthetic materials, advanced alloys and metals, reinforced 

polymer composites, including any coatings or other corrosion 

prevention methods used in conjunction with such materials, and 

any other material, as determined by the Secretary. 

(b) STUDY.— 

(1) IN GENERAL.—The Secretary shall offer to enter into 

a contract with the Transportation Research Board of the 

National Academy of Sciences— 

(A) to develop a proposal to study the use and performance of innovative materials in water resources development projects carried out by the Corps of Engineers; and 

(B) after the opportunity for public comment provided 

in accordance with subsection (c), to carry out the study 

proposed under subparagraph (A). 

(2) CONTENTS.—The study under paragraph (1) shall identify— 

(A) the conditions that result in degradation of water 

resources infrastructure; 

(B) the capabilities of innovative materials in reducing 

degradation; 

(C) any statutory, fiscal, regulatory, or other barriers 

to the expanded successful use of innovative materials; 

(D) recommendations on including performance-based 

requirements for the incorporation of innovative materials 

into the Unified Facilities Guide Specifications; 

(E) recommendations on how greater use of innovative 

materials could increase performance of an asset of the 

Corps of Engineers in relation to extended service life; 

(F) additional ways in which greater use of innovative 

materials could empower the Corps of Engineers to accomplish the goals of the Strategic Plan for Civil Works of 

the Corps of Engineers; and 

(G) recommendations on any further research needed 

to improve the capabilities of innovative materials in 

achieving extended service life and reduced maintenance 

costs in water resources development infrastructure. 

(c) PUBLIC COMMENT.—After developing the study proposal 

under subsection (b)(1)(A) and before carrying out the study under 


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subsection (b)(1)(B), the Secretary shall provide an opportunity 

for public comment on the study proposal. 

(d) CONSULTATION.—In carrying out the study under subsection 

(b)(1), the Secretary, at a minimum, shall consult with relevant 

experts on engineering, environmental, and industry considerations. 

(e) REPORT TO CONGRESS.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall submit to Congress 

a report describing the results of the study under subsection (b)(1). 

SEC. 1174. CONVERSION OF SURPLUS WATER AGREEMENTS. 

For the purposes of section 6 of the Act of December 22, 

1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in 

which a water supply agreement with a duration of 30 years or 

longer was predicated on water that was surplus to a purpose 

and provided for the complete payment of the actual investment 

costs of storage to be used, and that purpose is no longer authorized 

as of the date of enactment of this section, the Secretary shall 

provide to the non-Federal entity an opportunity to convert the 

agreement to a permanent storage agreement in accordance with 

section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), 

with the same payment terms incorporated in the agreement. 

SEC. 1175. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST 

FUND. 

Beginning on June 10, 2014, and ending on the date of the 

completion of the project for navigation, Lower Ohio River, Locks 

and Dams 52 and 53, Illinois and Kentucky, authorized by section 

3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 

4013), section 1001(b)(2) of the Water Resources Development Act 

of 1986 (33 U.S.C. 579a(b)(2)) shall not apply to any project authorized to receive funding from the Inland Waterways Trust Fund 

established by section 9506(a) of the Internal Revenue Code of 

1986. 

SEC. 1176. REHABILITATION ASSISTANCE. 

Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 

377; 33 U.S.C. 701n), is amended— 

(1) in subsection (a) by adding at the end the following: 

‘‘(3) NONSTRUCTURAL ALTERNATIVES DEFINED.—In this subsection, the term ‘nonstructural alternatives’ includes efforts 

to restore or protect natural resources, including streams, 

rivers, floodplains, wetlands, or coasts, if those efforts will 

reduce flood risk.’’; and 

(2) by adding at the end the following: 

‘‘(d) INCREASED LEVEL OF PROTECTION.—In conducting repair 

or restoration work under subsection (a), at the request of the 

non-Federal sponsor, the Chief of Engineers may increase the level 

of protection above the level to which the system was designed, 

or, if the repair or restoration includes repair or restoration of 

a pumping station, increase the capacity of a pump, if— 

‘‘(1) the Chief of Engineers determines the improvements 

are in the public interest, including consideration of whether— 

‘‘(A) the authority under this section has been used 

more than once at the same location; 

‘‘(B) there is an opportunity to decrease significantly 

the risk of loss of life and property damage; or 

‘‘(C) there is an opportunity to decrease total life cycle 

rehabilitation costs for the project; and 

33 USC 708 note. 


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‘‘(2) the non-Federal sponsor agrees to pay the difference 

between the cost of repair or restoration to the original design 

level or original capacity and the cost of achieving the higher 

level of protection or capacity sought by the non-Federal 

sponsor. 

‘‘(e) NOTICE.—The Secretary shall notify and consult with the 

non-Federal sponsor regarding the opportunity to request 

implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection (a).’’. 

SEC. 1177. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 

DAMS. 

(a) IN GENERAL.—If the Secretary determines that the project 

is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b). 

(b) ELIGIBLE DAMS.—A dam eligible for assistance under this 

section is a dam— 

(1) that has been constructed, in whole or in part, by 

the Corps of Engineers for flood control purposes; 

(2) for which construction was completed before 1940; 

(3) that is classified as ‘‘high hazard potential’’ by the 

State dam safety agency of the State in which the dam is 

located; and 

(4) that is operated by a non-Federal entity. 

(c) COST SHARING.—Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under 

this section, including provision of all land, easements, rights-ofway, and necessary relocations. 

(d) AGREEMENTS.—Construction of a project under this section 

shall be initiated only after a non-Federal interest has entered 

into a binding agreement with the Secretary— 

(1) to pay the non-Federal share of the costs of construction 

under subsection (c); and 

(2) to pay 100 percent of any operation, maintenance, and 

replacement and rehabilitation costs with respect to the project 

in accordance with regulations prescribed by the Secretary. 

(e) COST LIMITATION.—The Secretary shall not expend more than $10,000,000 for a project at any single dam under this section. 

(f) FUNDING.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2017 through 

2026. 

SEC. 1178. COLUMBIA RIVER. 

(a) ECOSYSTEM RESTORATION.—Section 536(g) of the Water 

Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 

2662; 128 Stat. 1314) is amended by striking ‘‘$50,000,000’’ and 

inserting ‘‘$75,000,000’’. 

(b) WATERCRAFT INSPECTION STATIONS.—Section 104 of the 

River and Harbor Act of 1958 (33 U.S.C. 610) is amended— 

(1) in subsection (d)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary may establish, operate, and maintain new or existing 

watercraft inspection stations to protect the Columbia River 

Basin to be located in the States of Idaho, Montana, Oregon, 

and Washington at locations, as determined by the Secretary 

in consultation with such States, with the highest likelihood 

33 USC 467f–2 

note. 


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of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. The Secretary shall also assist the States referred to in this paragraph 

with rapid response to any aquatic invasive species, including 

quagga or zebra mussel, infestation.’’; and 

(B) in paragraph (3)(A) by inserting ‘‘Governors of the’’ 

before ‘‘States’’; and 

(2) in subsection (e) by striking paragraph (3) and inserting 

the following: 

‘‘(3) assist States in early detection of aquatic invasive 

species, including quagga and zebra mussels; and’’. 

(c) TRIBAL ASSISTANCE.— 

(1) ASSISTANCE AUTHORIZED.— 

(A) IN GENERAL.—Upon the request of the Secretary 

of the Interior, the Secretary may provide assistance on 

land transferred by the Department of the Army to the 

Department of the Interior pursuant to title IV of Public 

Law 100–581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 

3762; 114 Stat. 2679; 118 Stat. 544) to Indian tribes displaced as a result of the construction of the Bonneville 

Dam, Oregon. 

(B) CLARIFICATION.— 

(i) IN GENERAL.—The Secretary is authorized to 

provide the assistance described in subparagraph (A) 

based on information known or studies undertaken 

by the Secretary prior to the date of enactment of 

this subsection. 

(ii) ADDITIONAL STUDIES.—To the extent that the 

Secretary determines necessary, the Secretary is 

authorized to undertake additional studies to further 

examine any impacts to Indian tribes identified in 

subparagraph (A) beyond any information or studies 

identified under clause (i), except that the Secretary 

is authorized to provide the assistance described in 

subparagraph (A) based solely on information known 

or studies undertaken by the Secretary prior to the 

date of enactment of this subsection. 

(2) STUDY OF IMPACTS OF JOHN DAY DAM, OREGON.—The 

Secretary shall— 

(A) conduct a study to determine the number of Indian 

tribes displaced by the construction of the John Day Dam, 

Oregon; and 

(B) recommend to the Committee on Transportation 

and Infrastructure of the House of Representatives and 

the Committee on Environment and Public Works of the 

Senate a plan to provide assistance to Indian tribes displaced as a result of the construction of the John Day 

Dam, Oregon. 

SEC. 1179. MISSOURI RIVER. 

(a) RESERVOIR SEDIMENT MANAGEMENT.— 

(1) DEFINITION OF SEDIMENT MANAGEMENT PLAN.—In this 

subsection, the term ‘‘sediment management plan’’ means a 

plan for preventing sediment from reducing water storage 

capacity at a reservoir and increasing water storage capacity 

through sediment removal at a reservoir. 


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(2) UPPER MISSOURI RIVER BASIN PILOT PROGRAM.—The Secretary shall carry out a pilot program for the development 

and implementation of sediment management plans for reservoirs owned and operated by the Secretary in the Upper 

Missouri River Basin, on request by project beneficiaries. 

(3) PLAN ELEMENTS.—A sediment management plan under 

paragraph (2) shall— 

(A) provide opportunities for project beneficiaries and 

other stakeholders to participate in sediment management 

decisions; 

(B) evaluate the volume of sediment in a reservoir 

and impacts on storage capacity; 

(C) identify preliminary sediment management options, 

including sediment dikes and dredging; 

(D) identify constraints; 

(E) assess technical feasibility, economic justification, 

and environmental impacts; 

(F) identify beneficial uses for sediment; and 

(G) to the maximum extent practicable, use, develop, 

and demonstrate innovative, cost-saving technologies, 

including structural and nonstructural technologies and 

designs, to manage sediment. 

(4) COST SHARE.—The beneficiaries requesting a sediment 

management plan shall share in the cost of development and 

implementation of the plan and such cost shall be allocated 

among the beneficiaries in accordance with the benefits to 

be received. 

(5) CONTRIBUTED FUNDS.—The Secretary may accept funds 

from non-Federal interests and other Federal agencies to 

develop and implement a sediment management plan under 

this subsection. 

(6) GUIDANCE.—The Secretary shall use the knowledge 

gained through the development and implementation of sediment management plans under paragraph (2) to develop guidance for sediment management at other reservoirs. 

(7) PARTNERSHIP WITH SECRETARY OF THE INTERIOR.— 

(A) IN GENERAL.—The Secretary shall carry out the 

pilot program established under this subsection in partnership with the Secretary of the Interior, and the program 

may apply to reservoirs managed or owned by the Bureau 

of Reclamation on execution of a memorandum of agreement between the Secretary and the Secretary of the 

Interior establishing the framework for a partnership and 

the terms and conditions for sharing expertise and 

resources. 

(B) LEAD AGENCY.—The Secretary that has primary 

jurisdiction over a reservoir shall take the lead in developing and implementing a sediment management plan for 

that reservoir. 

(8) OTHER AUTHORITIES NOT AFFECTED.—Nothing in this 

subsection affects sediment management or the share of costs 

paid by Federal and non-Federal interests relating to sediment 

management under any other provision of law (including regulations). 

(b) SNOWPACK AND DROUGHT MONITORING.—Section 4003(a) 

of the Water Resources Reform and Development Act of 2014 (Public 


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Law 113–121; 128 Stat. 1310) is amended by adding at the end 

the following: 

‘‘(5) LEAD AGENCY.—The Corps of Engineers shall be the 

lead agency for carrying out and coordinating the activities 

described in paragraph (1).’’. 

SEC. 1180. CHESAPEAKE BAY OYSTER RESTORATION. 

Section 704(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)(1)) is amended by striking ‘‘$60,000,000’’ 

and inserting ‘‘$100,000,000’’. 

SEC. 1181. SALTON SEA, CALIFORNIA. 

(a) IN GENERAL.—Section 3032 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1113) is 

amended— 

(1) in the section heading by inserting ‘‘PROGRAM’’ after ‘‘RESTORATION’’; 

(2) in subsection (b)— 

(A) in the subsection heading by striking ‘‘PILOT

PROJECTS’’ and inserting ‘‘PROGRAM’’; 

(B) in paragraph (1)— 

(i) by redesignating subparagraphs (A) and (B) 

as subparagraphs (B) and (C), respectively; 

(ii) by inserting before subparagraph (B) (as so 

redesignated) the following: 

‘‘(A) ESTABLISHMENT.—The Secretary shall carry out 

a program to implement projects to restore the Salton 

Sea in accordance with this section.’’; 

(iii) in subparagraph (B) (as redesignated by clause 

(i)) by striking ‘‘the pilot’’; and 

(iv) in subparagraph (C)(i) (as redesignated by 

clause (i))— 

(I) in the matter preceding subclause (I), by 

striking ‘‘the pilot projects referred to in subparagraph (A)’’ and inserting ‘‘the projects referred to 

in subparagraph (B)’’; 

(II) in subclause (I) by inserting ‘‘, Salton Sea 

Authority, or other non-Federal interest’’ before 

the semicolon; and 

(III) in subclause (II) by striking ‘‘pilot’’; 

(C) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘pilot’’; and 

(D) in paragraph (3)— 

(i) by striking ‘‘pilot’’ each place it appears; and 

(ii) by inserting ‘‘, Salton Sea Authority, or other 

non-Federal interest’’ after ‘‘State’’; and 

(3) in subsection (c) by striking ‘‘pilot’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Water Resources Development Act of 2007 (Public Law 

110–114; 121 Stat. 1041) is amended by striking the item relating 

to section 3032 and inserting the following: 

‘‘3032. Salton Sea restoration program, California.’’. 

SEC. 1182. ADJUSTMENT. 

Section 219(f) of the Water Resources Development Act of 1992 

(Public Law 102–580) is amended— 

(1) in paragraph (25) (113 Stat. 336)— 


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(A) by inserting ‘‘Berkeley,’’ before ‘‘Calhoun,’’; and 

(B) by striking ‘‘Orangeberg, and Sumter’’ and inserting 

‘‘and Orangeberg’’; and 

(2) in paragraph (78) (121 Stat. 1258)— 

(A) in the paragraph heading by striking ‘‘ST. CLAIR

COUNTY,’’ and inserting ‘‘ST. CLAIR COUNTY, BLOUNT

COUNTY, AND CULLMAN COUNTY,’’; and 

(B) by striking ‘‘St. Clair County,’’ and inserting ‘‘St. 

Clair County, Blount County, and Cullman County,’’. 

SEC. 1183. COASTAL ENGINEERING. 

(a) IN GENERAL.—Section 4014(b) of the Water Resources 

Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is 

amended— 

(1) in paragraph (1) by inserting ‘‘Indian tribes,’’ after 

‘‘nonprofit organizations,’’; 

(2) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; and 

(3) by inserting after paragraph (2) the following: 

‘‘(3) give priority to projects in communities the existence 

of which is threatened by rising sea level, including projects 

relating to shoreline restoration, tidal marsh restoration, dunal 

habitats to protect coastal infrastructure, reduction of future 

and existing emergency repair costs, and the beneficial reuse 

of dredged materials;’’. 

(b) INTERAGENCY COORDINATION ON COASTAL RESILIENCE.— 

(1) IN GENERAL.—The Secretary shall convene an interagency working group on resilience to extreme weather, which 

will coordinate research, data, and Federal investments related 

to sea level rise, resiliency, and vulnerability to extreme 

weather, including coastal resilience. 

(2) CONSULTATION.—The interagency working group convened under paragraph (1) shall participate in any activity 

carried out by an organization authorized by a State to study 

and issue recommendations on how to address the impacts 

on Federal assets of recurrent flooding and sea level rise, 

including providing consultation regarding policies, programs, 

studies, plans, and best practices relating to recurrent flooding 

and sea level rise in areas with significant Federal assets. 

(c) REGIONAL ASSESSMENTS.— 

(1) IN GENERAL.—The Secretary may conduct regional 

assessments of coastal and back bay protection and of Federal 

and State policies and programs related to coastal water 

resources, including— 

(A) an assessment of the probability and the extent 

of coastal flooding and erosion, including back bay and 

estuarine flooding; 

(B) recommendations for policies and other measures 

related to regional Federal, State, local, and private participation in shoreline and back bay protection projects; 

(C) an evaluation of the performance of existing Federal coastal storm damage reduction, ecosystem restoration, 

and navigation projects, including recommendations for the 

improvement of those projects; and 

(D) recommendations for the demonstration of methodologies for resilience through the use of natural and 

nature-based infrastructure approaches, as appropriate. 


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(2) COOPERATION.—In carrying out paragraph (1), the Secretary shall cooperate with— 

(A) heads of appropriate Federal agencies; 

(B) States that have approved coastal management 

programs and appropriate agencies of those States; 

(C) local governments; and 

(D) the private sector. 

(d) STREAMLINING.—In carrying out this section, the Secretary 

shall— 

(1) to the maximum extent practicable, use existing 

research done by Federal, State, regional, local, and private 

entities to eliminate redundancies and related costs; 

(2) receive from any of the entities described in subsection 

(c)(2)— 

(A) contributed funds; or 

(B) research that may be eligible for credit as workin-kind under applicable Federal law; and 

(3) enable each District or combination of Districts of the 

Corps of Engineers that jointly participate in carrying out an 

assessment under this section to consider regionally appropriate 

engineering, biological, ecological, social, economic, and other 

factors in carrying out the assessment. 

(e) REPORTS.—The Secretary shall submit in the 2019 annual 

report submitted to Congress in accordance with section 8 of the 

Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 

556), and section 925(b) of the Water Resources Development Act 

of 1986 (33 U.S.C. 2295(b)) all reports and recommendations prepared under this section, together with any necessary supporting 

documentation. 

SEC. 1184. CONSIDERATION OF MEASURES. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) NATURAL FEATURE.—The term ‘‘natural feature’’ means 

a feature that is created through the action of physical, 

geological, biological, and chemical processes over time. 

(2) NATURE-BASED FEATURE.—The term ‘‘nature-based feature’’ means a feature that is created by human design, 

engineering, and construction to provide risk reduction in 

coastal areas by acting in concert with natural processes. 

(b) REQUIREMENT.—In studying the feasibility of projects for 

flood risk management, hurricane and storm damage reduction, 

and ecosystem restoration the Secretary shall, with the consent 

of the non-Federal sponsor of the feasibility study, consider, as 

appropriate— 

(1) natural features; 

(2) nature-based features; 

(3) nonstructural measures; and 

(4) structural measures. 

(c) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than February 1, 2020, and 

5 and 10 years thereafter, the Secretary shall submit to the 

Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure of 

the House of Representatives a report on the implementation 

of subsection (b). 

33 USC 2289a. 


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(2) CONTENTS.—The report under paragraph (1) shall 

include, at a minimum, the following: 

(A) A description of guidance or instructions issued, 

and other measures taken, by the Secretary and the Chief 

of Engineers to implement subsection (b). 

(B) An assessment of the costs, benefits, impacts, and 

trade-offs associated with measures recommended by the 

Secretary for coastal risk reduction and the effectiveness 

of those measures. 

(C) A description of any statutory, fiscal, or regulatory 

barriers to the appropriate consideration and use of a full 

array of measures for coastal risk reduction. 

SEC. 1185. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Secretary— 

(1) shall include a 60-day public comment period for the 

Table Rock Lake Master Plan and Table Rock Lake Shoreline 

Management Plan revision; and 

(2) shall finalize the revision for the Table Rock Lake 

Master Plan and Table Rock Lake Shoreline Management Plan 

during the 2-year period beginning on the date of enactment 

of this Act. 

(b) SHORELINE USE PERMITS.—During the period described in 

subsection (a)(2), the Secretary shall lift or suspend the moratorium 

on the issuance of new, and modifications to existing, shoreline 

use permits based on the existing Table Rock Lake Master Plan 

and Table Rock Lake Shoreline Management Plan. 

(c) OVERSIGHT COMMITTEE.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of enactment of this Act, the Secretary shall establish an oversight committee (referred to in this subsection as the ‘‘Committee’’). 

(2) PURPOSES.—The purposes of the Committee shall be— 

(A) to review any permit to be issued under the existing 

Table Rock Lake Master Plan at the recommendation of 

the District Engineer; and 

(B) to advise the District Engineer on revisions to 

the new Table Rock Lake Master Plan and Table Rock 

Lake Shoreline Management Plan. 

(3) MEMBERSHIP.—The membership of the Committee shall 

not exceed 6 members and shall include— 

(A) not more than 1 representative each from the State 

of Missouri and the State of Arkansas; 

(B) not more than 1 representative each from local 

economic development organizations with jurisdiction over 

Table Rock Lake; and 

(C) not more than 1 representative each representing 

the boating and conservation interests of Table Rock Lake. 

(4) STUDY.—The Secretary shall— 

(A) carry out a study on the need to revise permit 

fees relating to Table Rock Lake to better reflect the cost 

of issuing those permits and achieve cost savings; 

(B) submit to Congress a report on the results of the 

study described in subparagraph (A); and 


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(C) begin implementation of a new permit fee structure 

based on the findings of the study described in subparagraph (A). 

SEC. 1186. RURAL WESTERN WATER. 

Section 595 of the Water Resources Development Act of 1999 

(Public Law 106–53; 113 Stat. 383; 128 Stat. 1316) is amended— 

(1) by redesignating subsection (h) as subsection (i); 

(2) by inserting after subsection (g) the following: 

‘‘(h) ELIGIBILITY.— ‘‘(1) IN GENERAL.—Assistance under this section shall be 

made available to all eligible States and locales described in 

subsection (b) consistent with program priorities determined 

by the Secretary in accordance with criteria developed by the 

Secretary to establish the program priorities. 

‘‘(2) SELECTION OF PROJECTS.—In selecting projects for 

assistance under this section, the Secretary shall give priority 

to a project located in an eligible State or local entity for 

which the project sponsor is prepared to— 

‘‘(A) execute a new or amended project cooperation 

agreement; and 

‘‘(B) commence promptly after the date of enactment 

of the Water Resources Development Act of 2016. 

‘‘(3) RURAL PROJECTS.—The Secretary shall consider a 

project authorized under this section and an environmental 

infrastructure project authorized under section 219 of the Water 

Resources Development Act of 1992 (Public Law 102–580; 106 

Stat. 4835) for new starts on the same basis as any other 

similarly funded project.’’; and 

(3) in subsection (i) (as redesignated by paragraph (1)) 

by striking ‘‘which shall—’’ and all that follows through 

‘‘remain’’ and inserting ‘‘to remain’’. 

SEC. 1187. INTERSTATE COMPACTS. 

Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) 

is amended by striking subsection (f). 

SEC. 1188. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) State water quality standards that impact the disposal 

of dredged material should be developed collaboratively, with 

input from all relevant stakeholders; 

(2) open-water disposal of dredged material should be 

reduced to the maximum extent practicable; and 

(3) where practicable, the preference is for disputes between 

States related to the disposal of dredged material and the 

protection of water quality to be resolved between the States 

in accordance with regional plans and with the involvement 

of regional bodies. 

SEC. 1189. 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). 

33 USC 1344 

note. 


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Subtitle B—Studies 

SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES. 

The Secretary is authorized to conduct a feasibility study for 

the following projects for water resources development and conservation and other purposes, as identified in the reports titled 

‘‘Report to Congress on Future Water Resources Development’’ submitted to Congress on January 29, 2015, and January 29, 2016, 

respectively, pursuant to section 7001 of the Water Resources 

Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise 

reviewed by Congress: 

(1) OUACHITA-BLACK RIVERS, ARKANSAS AND LOUISIANA.— 

Project for navigation, Ouachita-Black Rivers, Arkansas and 

Louisiana. 

(2) CACHE CREEK SETTLING BASIN, CALIFORNIA.—Project for 

flood damage reduction and ecosystem restoration, Cache Creek 

Settling Basin, California. 

(3) COYOTE VALLEY DAM, CALIFORNIA.—Project for flood control, water conservation, and related purposes, Russian River 

Basin, California, authorized by the River and Harbor Act 

of 1950 (64 Stat. 177), to modify the Coyote Valley Dam to 

add environmental restoration as a project purpose and to 

increase water supply and improve reservoir operations. 

(4) DEL ROSA CHANNEL, CITY OF SAN BERNARDINO, CALIFORNIA.—Project for flood damage reduction and ecosystem restoration, Del Rosa Channel, city of San Bernardino, California. 

(5) MERCED COUNTY STREAMS, CALIFORNIA.—Project for 

flood damage reduction, Merced County Streams, California. 

(6) MISSION-ZANJA CHANNEL, CITIES OF SAN BERNARDINO

AND REDLANDS, CALIFORNIA.—Project for flood damage reduction 

and ecosystem restoration, Mission-Zanja Channel, cities of 

San Bernardino and Redlands, California. 

(7) SOBOBA INDIAN RESERVATION, CALIFORNIA.—Project for 

flood damage reduction, Soboba Indian Reservation, California. 

(8) INDIAN RIVER INLET, DELAWARE.—Project for hurricane 

and storm damage reduction, Indian River Inlet, Delaware. 

(9) LEWES BEACH, DELAWARE.—Project for hurricane and 

storm damage reduction, Lewes Beach, Delaware. 

(10) MISPILLION COMPLEX, KENT AND SUSSEX COUNTIES, 

DELAWARE.—Project for hurricane and storm damage reduction, 

Mispillion Complex, Kent and Sussex Counties, Delaware. 

(11) DAYTONA BEACH, FLORIDA.—Project for flood damage 

reduction, Daytona Beach, Florida. 

(12) BRUNSWICK HARBOR, GEORGIA.—Project for navigation, 

Brunswick Harbor, Georgia. 

(13) DUBUQUE, IOWA.—Project for flood damage reduction, 

Dubuque, Iowa. 

(14) ST. TAMMANY PARISH, LOUISIANA.—Project for flood 

damage reduction and ecosystem restoration, St. Tammany 

Parish, Louisiana. 

(15) CATTARAUGUS CREEK, NEW YORK.—Project for flood 

damage reduction, Cattaraugus Creek, New York. 

(16) CAYUGA INLET, ITHACA, NEW YORK.—Project for navigation and flood damage reduction, Cayuga Inlet, Ithaca, New 

York. 


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(17) DELAWARE RIVER BASIN, NEW YORK, NEW JERSEY, PENNSYLVANIA, AND DELAWARE.—Projects for flood control, Delaware River Basin, New York, New Jersey, Pennsylvania, and 

Delaware, authorized by section 408 of the Act of July 24, 

1946 (60 Stat. 644, chapter 596), and section 203 of the Flood 

Control Act of 1962 (76 Stat. 1182), to review operations of 

the projects to enhance opportunities for ecosystem restoration 

and water supply. 

(18) SILVER CREEK, HANOVER, NEW YORK.—Project for flood 

damage reduction and ecosystem restoration, Silver Creek, 

Hanover, New York. 

(19) STONYCREEK AND LITTLE CONEMAUGH RIVERS, PENNSYL- VANIA.—Project for flood damage reduction and recreation, 

Stonycreek and Little Conemaugh Rivers, Pennsylvania. 

(20) TIOGA-HAMMOND LAKE, PENNSYLVANIA.—Project for 

ecosystem restoration, Tioga-Hammond Lake, Pennsylvania. 

(21) BRAZOS RIVER, FORT BEND COUNTY, TEXAS.—Project 

for flood damage reduction in the vicinity of the Brazos River, 

Fort Bend County, Texas. 

(22) CHACON CREEK, CITY OF LAREDO, TEXAS.—Project for 

flood damage reduction, ecosystem restoration, and recreation, 

Chacon Creek, city of Laredo, Texas. 

(23) CORPUS CHRISTI SHIP CHANNEL, TEXAS.—Project for 

navigation, Corpus Christi Ship Channel, Texas. 

(24) CITY OF EL PASO, TEXAS.—Project for flood damage 

reduction, city of El Paso, Texas. 

(25) GULF INTRACOASTAL WATERWAY, BRAZORIA AND

MATAGORDA COUNTIES, TEXAS.—Project for navigation and 

hurricane and storm damage reduction, Gulf Intracoastal 

Waterway, Brazoria and Matagorda Counties, Texas. 

(26) PORT OF BAY CITY, TEXAS.—Project for navigation, Port 

of Bay City, Texas. 

(27) CHINCOTEAGUE ISLAND, VIRGINIA.—Project for hurricane and storm damage reduction, navigation, and ecosystem 

restoration, Chincoteague Island, Virginia. 

(28) BURLEY CREEK WATERSHED, KITSAP COUNTY, WASHINGTON.—Project for flood damage reduction and ecosystem 

restoration, Burley Creek Watershed, Kitsap County, Washington. 

(29) SAVANNAH RIVER BELOW AUGUSTA, GEORGIA.—Project 

for ecosystem restoration, water supply, recreation, and flood 

control, Savannah River below Augusta, Georgia. 

(30) JOHNSTOWN, PENNSYLVANIA.—Project for flood damage 

reduction, Johnstown, Pennsylvania. 

SEC. 1202. ADDITIONAL STUDIES. 

(a) TULSA AND WEST TULSA, ARKANSAS RIVER, OKLAHOMA.— 

(1) IN GENERAL.—The Secretary shall conduct a study to 

determine the feasibility of modifying the projects for flood 

risk management, Tulsa and West Tulsa, Oklahoma, authorized 

by section 3 of the Act of August 18, 1941 (55 Stat. 645, 

chapter 377). 

(2) REQUIREMENTS.—In carrying out the study under paragraph (1), the Secretary shall address project deficiencies, 

uncertainties, and significant data gaps, including material, 

construction, and subsurface, which render the project at risk 

of overtopping, breaching, or system failure. 


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(3) PRIORITIZATION TO ADDRESS SIGNIFICANT RISKS.—In any 

case in which a levee or levee system (as defined in section 

9002 of the Water Resources Development Act of 2007 (33 

U.S.C. 3301)) is classified as Class I or II under the levee 

safety action classification tool developed by the Corps of Engineers, the Secretary shall expedite the project for budget consideration. 

(b) CINCINNATI, OHIO.— (1) REVIEW.—The Secretary shall review the Central Riverfront Park Master Plan, dated December 1999, and the Ohio 

Riverfront Study, Cincinnati, Ohio, dated August 2002, to determine the feasibility of carrying out flood risk reduction, ecosystem restoration, and recreation components beyond the ecosystem restoration and recreation components that were undertaken pursuant to section 5116 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1238) as 

a second phase of that project. 

(2) AUTHORIZATION.—The project authorized under section 

5116 of the Water Resources Development Act of 2007 (Public 

Law 110–114; 121 Stat. 1238) is modified to authorize the 

Secretary to undertake the additional flood risk reduction and 

ecosystem restoration components described in paragraph (1), 

at a total cost of $30,000,000, if the Secretary determines 

that the additional flood risk reduction, ecosystem restoration, 

and recreation components, considered together, are feasible. 

(c) ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.— 

Section 2105 of the Water Resources Reform and Development 

Act of 2014 (33 U.S.C. 2243) is amended— 

(1) by striking ‘‘(25 U.S.C. 450b))’’ each place it appears 

and inserting ‘‘(25 U.S.C. 5304)) and a Native village, Regional 

Corporation, or Village Corporation (as those terms are defined 

in section 3 of the Alaska Native Claims Settlement Act (43 

U.S.C. 1602)’’; 

(2) in subsection (d) by striking ‘‘the Secretary of Homeland 

Security’’ and inserting ‘‘the Secretary of the department in 

which the Coast Guard is operating’’; and 

(3) by adding at the end the following: 

‘‘(e) CONSIDERATION OF NATIONAL SECURITY INTERESTS.—In carrying out a study of the feasibility of an Arctic deep draft port, 

the Secretary— 

‘‘(1) shall consult with the Secretary of the department 

in which the Coast Guard is operating to identify benefits 

in carrying out the missions specified in section 888 of the 

Homeland Security Act of 2002 (6 U.S.C. 468) associated with 

an Arctic deep draft port; 

‘‘(2) shall consult with the Secretary of Defense to identify 

national security benefits associated with an Arctic deep draft 

port; and 

‘‘(3) may consider such benefits in determining whether 

an Arctic deep draft port is feasible.’’. 

(d) MISSISSIPPI RIVER SHIP CHANNEL, GULF TO BATON ROUGE, LOUISIANA.—The Secretary shall conduct a study to determine the 

feasibility of modifying the project for navigation, Mississippi River 

Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by section 201(a) of the Harbor Development and Navigation Improvement 

Act of 1986 (Public Law 99–662; 100 Stat. 4090), to deepen the 

channel approaches and the associated area on the left descending 


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bank of the Mississippi River between mile 98.3 and mile 100.6 

Above Head of Passes (AHP) to a depth equal to the Channel. 

SEC. 1203. NORTH ATLANTIC COASTAL REGION. 

Section 4009 of the Water Resources Reform and Development 

Act of 2014 (Public Law 113–121; 128 Stat. 1316) is amended— 

(1) in subsection (a) by striking ‘‘conduct a study to determine the feasibility of carrying out projects’’ and inserting 

‘‘carry out a comprehensive assessment and management plan’’; 

(2) in subsection (b)— 

(A) in the subsection heading by striking ‘‘STUDY’’ and 

inserting ‘‘ASSESSMENT AND PLAN’’; and 

(B) in the matter preceding paragraph (1) by striking 

‘‘study’’ and inserting ‘‘assessment and plan’’; and 

(3) in subsection (c)(1) by striking ‘‘study’’ and inserting 

‘‘assessment and plan’’. 

SEC. 1204. SOUTH ATLANTIC COASTAL STUDY. 

(a) IN GENERAL.—The Secretary shall conduct a study of the 

coastal areas located within the geographical boundaries of the 

South Atlantic Division of the Corps of Engineers to identify the 

risks and vulnerabilities of those areas to increased hurricane and 

storm damage as a result of sea level rise. 

(b) REQUIREMENTS.—In carrying out the study under subsection 

(a), the Secretary shall— 

(1) conduct a comprehensive analysis of current hurricane 

and storm damage reduction measures with an emphasis on 

regional sediment management practices to sustainably maintain or enhance current levels of storm protection; 

(2) identify risks and coastal vulnerabilities in the areas 

affected by sea level rise; 

(3) recommend measures to address the vulnerabilities 

described in paragraph (2); and 

(4) develop a long-term strategy for— 

(A) addressing increased hurricane and storm damages 

that result from rising sea levels; and 

(B) identifying opportunities to enhance resiliency, 

increase sustainability, and lower risks in— 

(i) populated areas; 

(ii) areas of concentrated economic development; 

and 

(iii) areas with vulnerable environmental 

resources. 

(c) REPORT.—Not later than 4 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

a report recommending specific and detailed actions to address 

the risks and vulnerabilities of the areas described in subsection 

(a) due to increased hurricane and storm damage as a result of 

sea level rise. 

SEC. 1205. TEXAS COASTAL AREA. 

In carrying out the comprehensive plan authorized by section 

4091 of the Water Resources Development Act of 2007 (Public 

Law 110–114; 121 Stat. 1187), the Secretary shall consider studies, 

data, and information developed by the Gulf Coast Community 

Protection and Recovery District to expedite completion of the plan. 


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SEC. 1206. UPPER MISSISSIPPI AND ILLINOIS RIVERS. 

(a) IN GENERAL.—The Secretary shall conduct a study of the 

riverine areas located within the Upper Mississippi River and 

Illinois River basins to identify the risks and vulnerabilities of 

those areas to increased flood damages. 

(b) REQUIREMENTS.—In carrying out the study under subsection 

(a), the Secretary shall— 

(1) conduct a comprehensive analysis of flood risk management measures to maintain or enhance current levels of protection; 

(2) identify risks and vulnerabilities in the areas affected 

by flooding; 

(3) recommend specific measures and actions to address 

the risks and vulnerabilities described in paragraph (2); 

(4) coordinate with the heads of other appropriate Federal 

agencies, the Governors of the States within the Upper Mississippi and Illinois River basins, the appropriate levee and 

drainage districts, nonprofit organizations, and other interested 

parties; 

(5) develop basinwide hydrologic models for the Upper Mississippi River System and improve analytical methods needed 

to produce scientifically based recommendations for improvements to flood risk management; and 

(6) develop a long-term strategy for— 

(A) addressing increased flood damages; and 

(B) identifying opportunities to enhance resiliency, 

increase sustainability, and lower risks in— 

(i) populated areas; 

(ii) areas of concentrated economic development; 

and 

(iii) areas with vulnerable environmental 

resources. 

(c) REPORT.—Not later than 4 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

and make publicly available a report describing the results of the 

study conducted under subsection (b). 

SEC. 1207. KANAWHA RIVER BASIN. 

The Secretary shall conduct studies to determine the feasibility 

of implementing projects for flood risk management, ecosystem 

restoration, navigation, water supply, recreation, and other water 

resource related purposes within the Kanawha River Basin, West 

Virginia, Virginia, and North Carolina. 

Subtitle C—Deauthorizations, 

Modifications, and Related Provisions 

SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to identify $10,000,000,000 in water resources development projects authorized by Congress that are no longer viable 

for construction due to— 

(A) a lack of local support; 

33 USC 579d. 


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(B) a lack of available Federal or non-Federal 

resources; or 

(C) an authorizing purpose that is no longer relevant 

or feasible; 

(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects that 

are no longer viable for construction; and 

(3) to allow the continued authorization of water resources 

development projects that are viable for construction. 

(b) INTERIM DEAUTHORIZATION LIST.— (1) IN GENERAL.—The Secretary shall develop an interim 

deauthorization list that identifies— 

(A) each water resources development project, or separable element of a project, authorized for construction 

before November 8, 2007, for which— 

(i) planning, design, or construction was not initiated before the date of enactment of this Act; or 

(ii) planning, design, or construction was initiated 

before the date of enactment of this Act, but for which 

no funds, Federal or non-Federal, were obligated for 

planning, design, or construction of the project or separable element of the project during the current fiscal 

year or any of the 6 preceding fiscal years; and 

(B) each project or separable element identified and 

included on a list to Congress for deauthorization pursuant 

to section 1001(b)(2) of the Water Resources Development 

Act of 1986 (33 U.S.C. 579a(b)(2)). 

(2) PUBLIC COMMENT AND CONSULTATION.— 

(A) IN GENERAL.—The Secretary shall solicit comments 

from the public and the Governors of each applicable State 

on the interim deauthorization list developed under paragraph (1). 

(B) COMMENT PERIOD.—The public comment period 

shall be 90 days. 

(3) SUBMISSION TO CONGRESS; PUBLICATION.—Not later than 

90 days after the date of the close of the comment period 

under paragraph (2), the Secretary shall— 

(A) submit a revised interim deauthorization list to 

the Committee on Environment and Public Works of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and 

(B) publish the revised interim deauthorization list 

in the Federal Register. 

(c) FINAL DEAUTHORIZATION LIST.— 

(1) IN GENERAL.—The Secretary shall develop a final 

deauthorization list of water resources development projects, 

or separable elements of projects, from the revised interim 

deauthorization list described in subsection (b)(3). 

(2) DEAUTHORIZATION AMOUNT.— 

(A) PROPOSED FINAL LIST.—The Secretary shall prepare 

a proposed final deauthorization list of projects and separable elements of projects that have, in the aggregate, 

an estimated Federal cost to complete that is at least 

$10,000,000,000. 

(B) DETERMINATION OF FEDERAL COST TO COMPLETE.— For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized 


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by section 902 of the Water Resources Development Act 

of 1986 (33 U.S.C. 2280), as applied to the most recent 

project schedule and cost estimate. 

(3) IDENTIFICATION OF PROJECTS.— 

(A) SEQUENCING OF PROJECTS.— 

(i) IN GENERAL.—The Secretary shall identify 

projects and separable elements of projects for inclusion 

on the proposed final deauthorization list according 

to the order in which the projects and separable elements of the projects were authorized, beginning with 

the earliest authorized projects and separable elements 

of projects and ending with the latest project or separable element of a project necessary to meet the aggregate amount under paragraph (2)(A). 

(ii) FACTORS TO CONSIDER.—The Secretary may 

identify projects and separable elements of projects 

in an order other than that established by clause (i) 

if the Secretary determines, on a case-by-case basis, 

that a project or separable element of a project is 

critical for interests of the United States, based on 

the possible impact of the project or separable element 

of the project on public health and safety, the national 

economy, or the environment. 

(iii) CONSIDERATION OF PUBLIC COMMENTS.—In 

making determinations under clause (ii), the Secretary 

shall consider any comments received under subsection 

(b)(2). 

(B) APPENDIX.—The Secretary shall include as part 

of the proposed final deauthorization list an appendix 

that— 

(i) identifies each project or separable element of 

a project on the interim deauthorization list developed 

under subsection (b) that is not included on the proposed final deauthorization list; and 

(ii) describes the reasons why the project or separable element is not included on the proposed final 

list. 

(4) PUBLIC COMMENT AND CONSULTATION.— 

(A) IN GENERAL.—The Secretary shall solicit comments 

from the public and the Governor of each applicable State 

on the proposed final deauthorization list and appendix 

developed under paragraphs (2) and (3). 

(B) COMMENT PERIOD.—The public comment period 

shall be 90 days. 

(5) SUBMISSION OF FINAL LIST TO CONGRESS; PUBLICATION.— 

Not later than 120 days after the date of the close of the 

comment period under paragraph (4), the Secretary shall— 

(A) submit a final deauthorization list and an appendix 

to the final deauthorization list in a report to the Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure 

of the House of Representatives; and 

(B) publish the final deauthorization list and the 

appendix to the final deauthorization list in the Federal 

Register. 

(d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 


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(1) IN GENERAL.—After the expiration of the 180-day period 

beginning on the date of submission of the final deauthorization 

list and appendix under subsection (c), a project or separable 

element of a project identified in the final deauthorization 

list is hereby deauthorized, unless Congress passes a joint 

resolution disapproving the final deauthorization list prior to 

the end of such period. 

(2) NON-FEDERAL CONTRIBUTIONS.— (A) IN GENERAL.—A project or separable element of 

a project identified in the final deauthorization list under 

subsection (c) shall not be deauthorized under this subsection if, before the expiration of the 180-day period 

referred to in paragraph (1), the non-Federal interest for 

the project or separable element of the project provides 

sufficient funds to complete the project or separable element of the project. 

(B) TREATMENT OF PROJECTS.—Notwithstanding 

subparagraph (A), each project and separable element of 

a project identified in the final deauthorization list shall 

be treated as deauthorized for purposes of the aggregate 

deauthorization amount specified in subsection (c)(2)(A). 

(3) PROJECTS IDENTIFIED IN APPENDIX.—A project or separable element of a project identified in the appendix to the 

final deauthorization list shall remain subject to future 

deauthorization by Congress. 

(e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS FOR POSTAUTHORIZATION STUDY.—A project or separable element of a project 

may not be identified on the interim deauthorization list developed 

under subsection (b), or the final deauthorization list developed 

under subsection (c), if the project or separable element received 

funding for a post-authorization study during the current fiscal 

year or any of the 6 preceding fiscal years. 

(f) GENERAL PROVISIONS.— 

(1) DEFINITIONS.—In this section, the following definitions 

apply: 

(A) POST-AUTHORIZATION STUDY.—The term ‘‘postauthorization study’’ means— 

(i) a feasibility report developed under section 905 

of the Water Resources Development Act of 1986 (33 

U.S.C. 2282); 

(ii) a feasibility study, as defined in section 105(d) 

of the Water Resources Development Act of 1986 (33 

U.S.C. 2215(d)); or 

(iii) a review conducted under section 216 of the 

Flood Control Act of 1970 (33 U.S.C. 549a), including 

an initial appraisal that— 

(I) demonstrates a Federal interest; and 

(II) requires additional analysis for the project 

or separable element. 

(B) WATER RESOURCES DEVELOPMENT PROJECT.—The 

term ‘‘water resources development project’’ includes an 

environmental infrastructure assistance project or program 

of the Corps of Engineers. 

(2) TREATMENT OF PROJECT MODIFICATIONS.—For purposes 

of this section, if an authorized water resources development 

project or separable element of the project has been modified 

by an Act of Congress, the date of the authorization of the 


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project or separable element shall be deemed to be the date 

of the most recent modification. 

(g) REPEAL.—Subsection (a) and subsections (c) through (f) of 

section 6001 of the Water Resources Reform and Development Act 

of 2014 (33 U.S.C. 579b) are repealed. 

SEC. 1302. BACKLOG PREVENTION. 

(a) PROJECT DEAUTHORIZATION.— (1) IN GENERAL.—A water resources development project, 

or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day 

of the 10-year period beginning on the date of enactment of 

this Act unless— 

(A) funds have been obligated for construction of, or 

a post-authorization study for, such project or separable 

element during that period; or 

(B) the authorization contained in this Act has been 

modified by a subsequent Act of Congress. 

(2) IDENTIFICATION OF PROJECTS.—Not later than 60 days 

after the expiration of the 10-year period referred to in paragraph (1), the Secretary shall submit to the Committee on 

Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives a report that identifies the projects deauthorized under paragraph (1). 

(b) REPORT TO CONGRESS.—Not later than 60 days after the 

expiration of the 12-year period beginning on the date of enactment 

of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives, 

and make available to the public, a report that contains— 

(1) a list of any water resources development projects 

authorized by this Act for which construction has not been 

completed during that period; 

(2) a description of the reasons the projects were not completed; 

(3) a schedule for the completion of the projects based 

on expected levels of appropriations; and 

(4) a 5-year and 10-year projection of construction backlog 

and any recommendations to Congress regarding how to mitigate current problems and the backlog. 

SEC. 1303. VALDEZ, ALASKA. 

(a) IN GENERAL.—Subject to subsection (b), the portion of the 

project for navigation, Valdez, Alaska, identified as Tract G, Harbor 

Subdivision, shall not be subject to navigational servitude beginning 

on the date of enactment of this Act. 

(b) ENTRY BY FEDERAL GOVERNMENT.—The Federal Government may enter upon the property referred to in subsection (a) 

to carry out any required operation and maintenance of the general 

navigation features of the project referred to in subsection (a). 

SEC. 1304. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES 

COUNTY, CALIFORNIA. 

(a) IN GENERAL.—The Secretary shall— 

(1) prioritize the updating of the water control manuals 

for control structures for the project for flood control, Los 

Angeles County Drainage Area, Los Angeles County, California, 

33 USC 579c–1. 


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authorized by section 101(b) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4611); and 

(2) integrate and incorporate into the project seasonal operations for water conservation and water supply. 

(b) PARTICIPATION.—The update referred to in subsection (a) 

shall be done in coordination with all appropriate Federal agencies, 

elected officials, and members of the public. 

SEC. 1305. SUTTER BASIN, CALIFORNIA. 

(a) IN GENERAL.—The separable element constituting the locally 

preferred plan increment reflected in the report of the Chief of 

Engineers dated March 12, 2014, and authorized for construction 

in item 8 of the table contained in section 7002(2) of the Water 

Resources Reform and Development Act of 2014 (Public Law 113– 

121; 128 Stat. 1366) is no longer authorized beginning on the 

date of enactment of this Act. 

(b) SAVINGS PROVISIONS.—The deauthorization under subsection (a) does not affect— 

(1) the national economic development plan separable element reflected in the report of the Chief of Engineers dated 

March 12, 2014, and authorized for construction in item 8 

of the table contained in section 7002(2) of the Water Resources 

Reform and Development Act of 2014 (Public Law 113–121; 

128 Stat. 1366); or 

(2) previous authorizations providing for the Sacramento 

River and major and minor tributaries project, including— 

(A) section 2 of the Act of March 1, 1917 (39 Stat. 

949, chapter 144); 

(B) section 10 of the Act of December 22, 1944 (58 

Stat. 900, chapter 665); 

(C) section 204 of the Flood Control Act of 1950 (64 

Stat. 177, chapter 188); and 

(D) any other Acts relating to the authorization for 

the Sacramento River and major and minor tributaries 

project along the Feather River right bank between levee 

stationing 1483+33 and levee stationing 2368+00. 

SEC. 1306. ESSEX RIVER, MASSACHUSETTS. 

(a) DEAUTHORIZATION.—The portions of the project for navigation, Essex River, Massachusetts, authorized by the Act of July 

13, 1892 (27 Stat. 88, chapter 158), and modified by the Act of 

March 3, 1899 (30 Stat. 1121, chapter 425), and the Act of March 

2, 1907 (34 Stat. 1073, chapter 2509), that do not lie within the 

areas described in subsection (b) are no longer authorized beginning 

on the date of enactment of this Act. 

(b) DESCRIPTION OF PROJECT AREAS.—The areas described in 

this subsection are as follows: Beginning at a point N3056139.82 

E851780.21, thence southwesterly about 156.88 feet to a point 

N3055997.75 E851713.67; thence southwesterly about 64.59 feet 

to a point N3055959.37 E851661.72; thence southwesterly about 

145.14 feet to a point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to a point N3055855.12 E851333.45; thence 

northwesterly about 423.50 feet to a point N3055976.70 E850927.78; 

thence northwesterly about 58.77 feet to a point N3056002.99 

E850875.21; thence northwesterly about 240.57 feet to a point 

N3056232.82 E850804.14; thence northwesterly about 203.60 feet 

to a point N3056435.41 E850783.93; thence northwesterly about 

78.63 feet to a point N3056499.63 E850738.56; thence northwesterly 


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about 60.00 feet to a point N3056526.30 E850684.81; thence southwesterly about 85.56 feet to a point N3056523.33 E850599.31; 

thence southwesterly about 36.20 feet to a point N3056512.37 

E850564.81; thence southwesterly about 80.10 feet to a point 

N3056467.08 E850498.74; thence southwesterly about 169.05 feet 

to a point N3056334.36 E850394.03; thence northwesterly about 

48.52 feet to a point N3056354.38 E850349.83; thence northeasterly 

about 83.71 feet to a point N3056436.35 E850366.84; thence northeasterly about 212.38 feet to a point N3056548.70 E850547.07; 

thence northeasterly about 47.60 feet to a point N3056563.12 

E850592.43; thence northeasterly about 101.16 feet to a point 

N3056566.62 E850693.53; thence southeasterly about 80.22 feet 

to a point N3056530.97 E850765.40; thence southeasterly about 

99.29 feet to a point N3056449.88 E850822.69; thence southeasterly 

about 210.12 feet to a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet to a point N3056031.13 E850908.38; 

thence southeasterly about 38.23 feet to a point N3056014.02 

E850942.57; thence southeasterly about 410.93 feet to a point 

N3055896.06 E851336.21; thence northeasterly about 188.43 feet 

to a point N3055925.46 E851522.33; thence northeasterly about 

135.47 feet to a point N3055992.91 E851639.80; thence northeasterly about 52.15 feet to a point N3056023.90 E851681.75; thence 

northeasterly about 91.57 feet to a point N3056106.82 E851720.59. 

SEC. 1307. PORT OF CASCADE LOCKS, OREGON. 

(a) EXTINGUISHMENT OF PORTIONS OF EXISTING FLOWAGE EASEMENT.—With respect to the properties described in subsection (b), 

beginning on the date of enactment of this Act, the flowage easements described in subsection (c) are extinguished above elevation 

82.2 feet (NGVD29), the ordinary high water line. 

(b) AFFECTED PROPERTIES.—The properties described in this 

subsection, as recorded in Hood River County, Oregon, are as follows: 

(1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade Locks 

Business Park’’ subdivision, Instrument Number 2014–00436. 

(2) Parcels 1, 2, and 3 of Hood River County Partition, 

Plat Number 2008–25P. 

(c) FLOWAGE EASEMENTS.—The flowage easements described 

in this subsection are identified as Tracts 302E–1 and 304E–1 

on the easement deeds recorded as instruments in Hood River 

County, Oregon, and described as follows: 

(1) A flowage easement dated October 3, 1936, recorded 

December 1, 1936, book 25, page 531 (Records of Hood River 

County, Oregon), in favor of the United States (302E–1–Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; 

previously acquired as Tracts OH–36 and OH–41 and a portion 

of Tract OH–47). 

(2) A flowage easement dated October 5, 1936, recorded 

October 17, 1936, book 25, page 476 (Records of Hood River 

County, Oregon), in favor of the United States, affecting that 

portion below the 94-foot contour line above main sea level 

(304 E1–Perpetual Flowage Easement from 8/10/37 and 10/ 

3/36; previously acquired as Tract OH–042 and a portion of 

Tract OH–47). 

(d) FEDERAL LIABILITIES; CULTURAL, ENVIRONMENTAL, AND

OTHER REGULATORY REVIEWS.— 


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(1) FEDERAL LIABILITY.—The United States shall not be 

liable for any injury caused by the extinguishment of an easement under this section. 

(2) CULTURAL AND ENVIRONMENTAL REGULATORY ACTIONS.— Nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection (b). 

(e) EFFECT ON OTHER RIGHTS.—Nothing in this section affects 

any remaining right or interest of the Corps of Engineers in the 

properties described in subsection (b). 

SEC. 1308. CENTRAL DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA. 

(a) AREA TO BE DECLARED NONNAVIGABLE.—Subject to subsection (c), unless the Secretary finds, after consultation with local 

and regional public officials (including local and regional public 

planning organizations), that there are substantive objections, those 

portions of the Delaware River, bounded by the former bulkhead 

and pierhead lines that were established by the Secretary of War 

and successors and described as follows, are declared to be nonnavigable waters of the United States: 

(1) Piers 70 South through 38 South, encompassing an 

area bounded by the southern line of Moore Street extended 

to the northern line of Catherine Street extended, including 

the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 

53, 48, 46, 40, and 38. 

(2) Piers 24 North through 72 North, encompassing an 

area bounded by the southern line of Callowhill Street extended 

to the northern line of East Fletcher Street extended, including 

the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 

49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter. 

(b) PUBLIC INTEREST DETERMINATION.—The Secretary shall 

make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not 

later than 150 days after the date of submission of appropriate 

plans for the proposed project. 

(c) LIMITS ON APPLICABILITY.—The declaration under subsection 

(a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise 

occupied by permanent structures, including marina and recreation 

facilities. 

SEC. 1309. HUNTINGDON COUNTY, PENNSYLVANIA. 

(a) IN GENERAL.—The Secretary shall— 

(1) prioritize the updating of the master plan for the 

Juniata River and tributaries project, Huntingdon County, 

Pennsylvania, authorized by section 203 of the Flood Control 

Act of 1962 (Public Law 87–874; 76 Stat. 1182); and 

(2) ensure that alternatives for additional recreation access 

and development at the project are fully assessed, evaluated, 

and incorporated as a part of the update. 

(b) PARTICIPATION.—The update referred to in subsection (a) 

shall be done in coordination with all appropriate Federal agencies, 

elected officials, and members of the public. 

(c) INVENTORY.—In carrying out the update under subsection 

(a), the Secretary shall include an inventory of those lands that 

33 USC 5911. 


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are not necessary to carry out the authorized purposes of the 

project. 

SEC. 1310. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 

Section 38(c) of the Water Resources Development Act of 1988 

(33 U.S.C. 59j–1(c)) is amended— 

(1) by striking ‘‘(except 30 years from such date of enactment, in the case of the area or any part thereof described 

in subsection (a)(5))’’; and 

(2) by adding at the end the following: ‘‘Notwithstanding 

the preceding sentence, the declaration of nonnavigability for 

the area described in subsection (a)(5), or any part thereof, 

shall not expire.’’. 

SEC. 1311. SALT CREEK, GRAHAM, TEXAS. 

(a) IN GENERAL.—The project for flood control, environmental 

restoration, and recreation, Salt Creek, Graham, Texas, authorized 

by section 101(a)(30) of the Water Resources Development Act of 

1999 (Public Law 106–53; 113 Stat. 278), is no longer authorized 

as a Federal project beginning on the date of enactment of this 

Act. 

(b) CERTAIN PROJECT-RELATED CLAIMS.—The non-Federal 

interest for the project shall hold and save the United States 

harmless from any claim that has arisen, or that may arise, in 

connection with the project. 

(c) TRANSFER.—The Secretary is authorized to transfer any 

land acquired by the Federal Government for the project on behalf 

of the non-Federal interest that remains in Federal ownership 

on or after the date of enactment of this Act to the non-Federal 

interest. 

(d) REVERSION.—If the Secretary determines that land transferred under subsection (c) ceases to be owned by the public, all 

right, title, and interest in and to the land and improvements 

thereon shall revert, at the discretion of the Secretary, to the 

United States. 

SEC. 1312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 

(a) IN GENERAL.—The portion of the Texas City Ship Channel, 

Texas City, Texas, described in subsection (b) shall not be subject 

to navigational servitude beginning on the date of enactment of 

this Act. 

(b) DESCRIPTION.—The portion of the Texas City Ship Channel 

described in this subsection is a tract or parcel containing 393.53 

acres (17,142,111 square feet) of land situated in the City of Texas 

City Survey, Abstract Number 681, and State of Texas Submerged 

Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 

acre tract being more particularly described as follows: 

(1) Beginning at the intersection of an edge of fill along 

Galveston Bay with the most northerly east survey line of 

said City of Texas City Survey, Abstract No. 681, the same 

being a called 375.75 acre tract patented by the State of Texas 

to the City of Texas City and recorded in Volume 1941, Page 

750 of the Galveston County Deed Records (G.C.D.R.), from 

which a found U.S. Army Corps of Engineers Brass Cap 

stamped ‘‘R 4–3’’ set in the top of the Texas City Dike along 

the east side of Bay Street bears North 56° 14’ 32’’ West, 

a distance of 6,045.31 feet and from which a found U.S. Army 

Corps of Engineers Brass Cap stamped ‘‘R 4–2’’ set in the 


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top of the Texas City Dike along the east side of Bay Street 

bears North 49° 13’ 20’’ West, a distance of 6,693.64 feet. 

(2) Thence, over and across said State Tracts 98A and 

99A and along the edge of fill along said Galveston Bay, the 

following 8 courses and distances: 

(A) South 75° 49’ 13’’ East, a distance of 298.08 feet 

to an angle point of the tract herein described. 

(B) South 81° 16’ 26’’ East, a distance of 170.58 feet 

to an angle point of the tract herein described. 

(C) South 79° 20’ 31’’ East, a distance of 802.34 feet 

to an angle point of the tract herein described. 

(D) South 75° 57’ 32’’ East, a distance of 869.68 feet 

to a point for the beginning of a non-tangent curve to 

the right. 

(E) Easterly along said non-tangent curve to the right 

having a radius of 736.80 feet, a central angle of 24° 

55’ 59’’, a chord of South 68° 47’ 35’’ East – 318.10 feet, 

and an arc length of 320.63 feet to a point for the beginning 

of a non-tangent curve to the left. 

(F) Easterly along said non-tangent curve to the left 

having a radius of 373.30 feet, a central angle of 31° 

57’ 42’’, a chord of South 66° 10’ 42’’ East – 205.55 feet, 

and an arc length of 208.24 feet to a point for the beginning 

of a non-tangent curve to the right. 

(G) Easterly along said non-tangent curve to the right 

having a radius of 15,450.89 feet, a central angle of 02° 

04’ 10’’, a chord of South 81° 56’ 20’’ East – 558.04 feet, 

and an arc length of 558.07 feet to a point for the beginning 

of a compound curve to the right and the northeasterly 

corner of the tract herein described. 

(H) Southerly along said compound curve to the right 

and the easterly line of the tract herein described, having 

a radius of 1,425.00 feet, a central angle of 133° 08’ 00’’, 

a chord of South 14° 20’ 15’’ East – 2,614.94 feet, and 

an arc length of 3,311.15 feet to a point on a line lying 

125.00 feet northerly of and parallel with the centerline 

of an existing levee for the southeasterly corner of the 

tract herein described. 

(3) Thence, continuing over and across said State Tracts 

98A and 99A and along lines lying 125.00 feet northerly of, 

parallel, and concentric with the centerline of said existing 

levee, the following 12 courses and distances: 

(A) North 78° 01’ 58’’ West, a distance of 840.90 feet 

to an angle point of the tract herein described. 

(B) North 76° 58’ 35’’ West, a distance of 976.66 feet 

to an angle point of the tract herein described. 

(C) North 76° 44’ 33’’ West, a distance of 1,757.03 

feet to a point for the beginning of a tangent curve to 

the left. 

(D) Southwesterly, along said tangent curve to the 

left having a radius of 185.00 feet, a central angle of 

82° 27’ 32’’, a chord of South 62° 01’ 41’’ West – 243.86 

feet, and an arc length of 266.25 feet to a point for the 

beginning of a compound curve to the left. 

(E) Southerly, along said compound curve to the left 

having a radius of 4,535.58 feet, a central angle of 11° 

06’ 58’’, a chord of South 15° 14’ 26’’ West – 878.59 feet, 


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and an arc length of 879.97 feet to an angle point of 

the tract herein described. 

(F) South 64° 37’ 11’’ West, a distance of 146.03 feet 

to an angle point of the tract herein described. 

(G) South 67° 08’ 21’’ West, a distance of 194.42 feet 

to an angle point of the tract herein described. 

(H) North 34° 48’ 22’’ West, a distance of 789.69 feet 

to an angle point of the tract herein described. 

(I) South 42° 47’ 10’’ West, a distance of 161.01 feet 

to an angle point of the tract herein described. 

(J) South 42° 47’ 10’’ West, a distance of 144.66 feet 

to a point for the beginning of a tangent curve to the 

right. 

(K) Westerly, along said tangent curve to the right 

having a radius of 310.00 feet, a central angle of 59° 

50’ 28’’, a chord of South 72° 42’ 24’’ West – 309.26 feet, 

and an arc length of 323.77 feet to an angle point of 

the tract herein described. 

(L) North 77° 22’ 21’’ West, a distance of 591.41 feet 

to the intersection of said parallel line with the edge of 

fill adjacent to the easterly edge of the Texas City Turning 

Basin for the southwesterly corner of the tract herein 

described, from which a found U.S. Army Corps of Engineers Brass Cap stamped ‘‘SWAN 2’’ set in the top of 

a concrete column set flush in the ground along the north 

bank of Swan Lake bears South 20° 51’ 58’’ West, a distance 

of 4,862.67 feet. 

(4) Thence, over and across said City of Texas City Survey 

and along the edge of fill adjacent to the easterly edge of 

said Texas City Turning Basin, the following 18 courses and 

distances: 

(A) North 01° 34’ 19’’ East, a distance of 57.40 feet 

to an angle point of the tract herein described. 

(B) North 05° 02’ 13’’ West, a distance of 161.85 feet 

to an angle point of the tract herein described. 

(C) North 06° 01’ 56’’ East, a distance of 297.75 feet 

to an angle point of the tract herein described. 

(D) North 06° 18’ 07’’ West, a distance of 71.33 feet 

to an angle point of the tract herein described. 

(E) North 07° 21’ 09’’ West, a distance of 122.45 feet 

to an angle point of the tract herein described. 

(F) North 26° 41’ 15’’ West, a distance of 46.02 feet 

to an angle point of the tract herein described. 

(G) North 01° 31’ 59’’ West, a distance of 219.78 feet 

to an angle point of the tract herein described. 

(H) North 15° 54’ 07’’ West, a distance of 104.89 feet 

to an angle point of the tract herein described. 

(I) North 04° 00’ 34’’ East, a distance of 72.94 feet 

to an angle point of the tract herein described. 

(J) North 06° 46’ 38’’ West, a distance of 78.89 feet 

to an angle point of the tract herein described. 

(K) North 12° 07’ 59’’ West, a distance of 182.79 feet 

to an angle point of the tract herein described. 

(L) North 20° 50’ 47’’ West, a distance of 105.74 feet 

to an angle point of the tract herein described. 

(M) North 02° 02’ 04’’ West, a distance of 184.50 feet 

to an angle point of the tract herein described. 


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(N) North 08° 07’ 11’’ East, a distance of 102.23 feet 

to an angle point of the tract herein described. 

(O) North 08° 16’ 00’’ West, a distance of 213.45 feet 

to an angle point of the tract herein described. 

(P) North 03° 15’ 16’’ West, a distance of 336.45 feet 

to a point for the beginning of a non-tangent curve to 

the left. 

(Q) Northerly along said non-tangent curve to the left 

having a radius of 896.08 feet, a central angle of 14° 

00’ 05’’, a chord of North 09° 36’ 03’’ West – 218.43 feet, 

and an arc length of 218.97 feet to a point for the beginning 

of a non-tangent curve to the right. 

(R) Northerly along said non-tangent curve to the right 

having a radius of 483.33 feet, a central angle of 19° 

13’ 34’’, a chord of North 13° 52’ 03’’ East – 161.43 feet, 

and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described. 

(5) Thence, continuing over and across said City of Texas 

City Survey, and along the edge of fill along said Galveston 

Bay, the following 15 courses and distances: 

(A) North 30° 45’ 02’’ East, a distance of 189.03 feet 

to an angle point of the tract herein described. 

(B) North 34° 20’ 49’’ East, a distance of 174.16 feet 

to a point for the beginning of a non-tangent curve to 

the right. 

(C) Northeasterly along said non-tangent curve to the 

right having a radius of 202.01 feet, a central angle of 

25° 53’ 37’’, a chord of North 33° 14’ 58’’ East – 90.52 

feet, and an arc length of 91.29 feet to a point for the 

beginning of a non-tangent curve to the left. 

(D) Northeasterly along said non-tangent curve to the 

left having a radius of 463.30 feet, a central angle of 

23° 23’ 57’’, a chord of North 48° 02’ 53’’ East – 187.90 

feet, and an arc length of 189.21 feet to a point for the 

beginning of a non-tangent curve to the right. 

(E) Northeasterly along said non-tangent curve to the 

right having a radius of 768.99 feet, a central angle of 

16° 24’ 19’’, a chord of North 43° 01’ 40’’ East – 219.43 

feet, and an arc length of 220.18 feet to an angle point 

of the tract herein described. 

(F) North 38° 56’ 50’’ East, a distance of 126.41 feet 

to an angle point of the tract herein described. 

(G) North 42° 59’ 50’’ East, a distance of 128.28 feet 

to a point for the beginning of a non-tangent curve to 

the right. 

(H) Northerly along said non-tangent curve to the right 

having a radius of 151.96 feet, a central angle of 68° 

36’ 31’’, a chord of North 57° 59’ 42’’ East – 171.29 feet, 

and an arc length of 181.96 feet to a point for the most 

northerly corner of the tract herein described. 

(I) South 77° 14’ 49’’ East, a distance of 131.60 feet 

to an angle point of the tract herein described. 

(J) South 84° 44’ 18’’ East, a distance of 86.58 feet 

to an angle point of the tract herein described. 

(K) South 58° 14’ 45’’ East, a distance of 69.62 feet 

to an angle point of the tract herein described. 


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(L) South 49° 44’ 51’’ East, a distance of 149.00 feet 

to an angle point of the tract herein described. 

(M) South 44° 47’ 21’’ East, a distance of 353.77 feet 

to a point for the beginning of a non-tangent curve to 

the left. 

(N) Easterly along said non-tangent curve to the left 

having a radius of 253.99 feet, a central angle of 98° 

53’ 23’’, a chord of South 83° 28’ 51’’ East – 385.96 feet, 

and an arc length of 438.38 feet to an angle point of 

the tract herein described. 

(O) South 75° 49’ 13’’ East, a distance of 321.52 feet 

to the point of beginning and containing 393.53 acres 

(17,142,111 square feet) of land. 

SEC. 1313. STONINGTON HARBOUR, CONNECTICUT. 

The portion of the project for navigation, Stonington Harbour, 

Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288, 

chapter 73), that consists of the inner stone breakwater that begins 

at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 

degrees west 166.79’ to a point N. 682,165.05, E. 1,231,212.94, 

running north 69.209 degrees west 380.89’ to a point N. 682,300.25, 

E. 1,230,856.86, is no longer authorized as a Federal project beginning on the date of enactment of this Act. 

SEC. 1314. RED RIVER BELOW DENISON DAM, TEXAS, OKLAHOMA, 

ARKANSAS, AND LOUISIANA. 

The portion of the project for flood control with respect to 

the Red River below Denison Dam, Texas, Oklahoma, Arkansas, 

and Louisiana, authorized by section 10 of the Flood Control Act 

of 1946 (60 Stat. 647, chapter 596), consisting of the portion of 

the West Agurs Levee that begins at lat. 32° 32’ 50.86’’ N., by 

long. 93° 46’ 16.82’’ W., and ends at lat. 32° 31’ 22.79’’ N., by 

long. 93° 45’ 2.47’’ W., is no longer authorized beginning on the 

date of enactment of this Act. 

SEC. 1315. GREEN RIVER AND BARREN RIVER, KENTUCKY. 

(a) IN GENERAL.—Beginning on the date of enactment of this 

Act, commercial navigation at the locks and dams identified in 

the report of the Chief of Engineers entitled ‘‘Green River Locks 

and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, 

Kentucky’’ and dated April 30, 2015, shall no longer be authorized, 

and the land and improvements associated with the locks and 

dams shall be disposed of— 

(1) consistent with this section; and 

(2) subject to such terms and conditions as the Secretary 

determines to be necessary and appropriate in the public 

interest. 

(b) DISPOSITION.— 

(1) GREEN RIVER LOCK AND DAM 3.—The Secretary shall 

convey to the Rochester Dam Regional Water Commission all 

right, title, and interest of the United States in and to the 

land associated with Green River Lock and Dam 3, located 

in Ohio County and Muhlenberg County, Kentucky, together 

with any improvements on the land. 

(2) GREEN RIVER LOCK AND DAM 4.—The Secretary shall 

convey to Butler County, Kentucky, all right, title, and interest 

of the United States in and to the land associated with Green 


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River Lock and Dam 4, located in Butler County, Kentucky, 

together with any improvements on the land. 

(3) GREEN RIVER LOCK AND DAM 5.—The Secretary shall 

convey to the State of Kentucky, a political subdivision of 

the State of Kentucky, or a nonprofit, nongovernmental 

organization all right, title, and interest of the United States 

in and to the land associated with Green River Lock and 

Dam 5, located in Edmonson County, Kentucky, together with 

any improvements on the land, for the purposes of— 

(A) removing Lock and Dam 5 from the river at the 

earliest feasible time; and 

(B) making the land available for conservation and 

public recreation, including river access. 

(4) GREEN RIVER LOCK AND DAM 6.— (A) IN GENERAL.—The Secretary shall transfer to the 

Secretary of the Interior administrative jurisdiction over 

the portion of the land associated with Green River Lock 

and Dam 6, Edmonson County, Kentucky, that is located 

on the left descending bank of the Green River, together 

with any improvements on the land, for inclusion in Mammoth Cave National Park. 

(B) TRANSFER TO THE STATE OF KENTUCKY.—The Secretary shall convey to the State of Kentucky all right, 

title, and interest of the United States in and to the portion 

of the land associated with Green River Lock and Dam 

6, Edmonson County, Kentucky, that is located on the 

right descending bank of the Green River, together with 

any improvements on the land, for use by the Department 

of Fish and Wildlife Resources of the State of Kentucky 

for the purposes of— 

(i) removing Lock and Dam 6 from the river at 

the earliest feasible time; and 

(ii) making the land available for conservation and 

public recreation, including river access. 

(5) BARREN RIVER LOCK AND DAM 1.—The Secretary shall 

convey to the State of Kentucky, all right, title, and interest 

of the United States in and to the land associated with Barren 

River Lock and Dam 1, located in Warren County, Kentucky, 

together with any improvements on the land, for use by the 

Department of Fish and Wildlife Resources of the State of 

Kentucky for the purposes of— 

(A) removing Lock and Dam 1 from the river at the 

earliest feasible time; and 

(B) making the land available for conservation and 

public recreation, including river access. 

(c) CONDITIONS.— 

(1) IN GENERAL.—The exact acreage and legal description 

of any land to be disposed of, transferred, or conveyed under 

this section shall be determined by a survey satisfactory to 

the Secretary. 

(2) QUITCLAIM DEED.—A conveyance under paragraph (1), 

(2), (4), or (5) of subsection (b) shall be accomplished by quitclaim deed and without consideration. 

(3) ADMINISTRATIVE COSTS.—The Secretary shall be responsible for all administrative costs associated with a transfer 

or conveyance under this section, including the costs of a survey 

carried out under paragraph (1). 


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(4) REVERSION.—If the Secretary determines that the land 

conveyed under this section is not used by a non-Federal entity 

for a purpose that is consistent with the purpose of the conveyance, all right, title, and interest in and to the land, including 

any improvements on the land, shall revert, at the discretion 

of the Secretary, to the United States, and the United States 

shall have the right of immediate entry onto the land. 

SEC. 1316. HANNIBAL SMALL BOAT HARBOR, HANNIBAL, MISSOURI. 

The project for navigation at Hannibal Small Boat Harbor 

on the Mississippi River, Hannibal, Missouri, authorized by section 

101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 

188), is no longer authorized beginning on the date of enactment 

of this Act, and any maintenance requirements associated with 

the project are terminated. 

SEC. 1317. LAND TRANSFER AND TRUST LAND FOR MUSCOGEE (CREEK) 

NATION. 

(a) TRANSFER.— (1) IN GENERAL.—Subject to paragraph (2) and for the 

consideration described in subsection (c), the Secretary shall 

transfer to the Secretary of the Interior the land described 

in subsection (b) to be held in trust for the benefit of the 

Muscogee (Creek) Nation. 

(2) CONDITIONS.—The land transfer under this subsection 

shall be subject to the following conditions: 

(A) The transfer— 

(i) shall not interfere with the Corps of Engineers 

operation of the Eufaula Lake Project or any other 

authorized civil works project; and 

(ii) shall be subject to such other terms and conditions as the Secretary determines to be necessary and 

appropriate to ensure the continued operation of the 

Eufaula Lake Project or any other authorized civil 

works project. 

(B) The Secretary shall retain the right to inundate 

with water the land transferred to the Secretary of the 

Interior under this subsection as necessary to carry out 

an authorized purpose of the Eufaula Lake Project or any 

other civil works project. 

(C) No gaming activities may be conducted on the 

land transferred under this subsection. 

(b) LAND DESCRIPTION.— (1) IN GENERAL.—The land to be transferred pursuant to 

subsection (a) is the approximately 18.38 acres of land located 

in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 

16 E., McIntosh County, Oklahoma, generally depicted as 

‘‘USACE’’ on the map entitled ‘‘Muscogee (Creek) Nation Proposed Land Acquisition’’ and dated October 16, 2014. 

(2) SURVEY.—The exact acreage and legal description of 

the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior. 

(c) CONSIDERATION.—The Muscogee (Creek) Nation shall pay— 

(1) to the Secretary an amount that is equal to the fair 

market value of the land transferred under subsection (a), 

as determined by the Secretary, which funds may be accepted 

and expended by the Secretary; and 


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(2) all costs and administrative expenses associated with 

the transfer of land under subsection (a), including the costs 

of— 

(A) the survey under subsection (b)(2); 

(B) compliance with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); and 

(C) any coordination necessary with respect to requirements related to endangered species, cultural resources, 

clean water, and clean air. 

SEC. 1318. CAMERON COUNTY, TEXAS. 

(a) RELEASE.—As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate 

instrument effectuating the release of the interests of the United 

States in certain tracts of land located in Cameron County, Texas, 

as described in subsection (d). 

(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require that any release under this section be subject to such 

additional terms and conditions as the Secretary considers appropriate and necessary to protect the interests of the United States. 

(c) COSTS OF CONVEYANCE.—The Brownsville Navigation District shall be responsible for all reasonable and necessary costs, 

including real estate transaction and environmental documentation 

costs, associated with the releases. 

(d) DESCRIPTION.—The Secretary shall release all or portions 

of the interests in the following tracts as determined by a survey 

to be paid for by the Brownsville Navigation District, that is satisfactory to the Secretary: 

(1) Tract No. 1: Being 1,277.80 Acres as conveyed by the 

Brownsville Navigation District of Cameron County, Texas, 

to the United States of America by instrument dated September 

22, 1932, and recorded at Volume 238, pages 578 through 

580, in the Deed Records of Cameron County, Texas, to be 

released and abandoned in its entirety, save and except approximately 361.03 Acres, comprised of the area designated by the 

U.S. Army Corps of Engineers as required for the project known 

as Brazos Island Harbor Deepening, and further save and 

except approximately 165.56 Acres for the existing Dredged 

Material Placement Area No. 4A1. 

(2) Tract No. 2: Being 842.28 Acres as condemned by the 

United States of America by the Final Report of Commissioners 

dated May 6, 1938, and recorded at Volume 281, pages 486 

through 488, in the Deed Records of Cameron County, Texas, 

to be released and abandoned in its entirety, save and except 

approximately 178.15 Acres comprised of a strip 562 feet in 

width, being the area designated by the U.S. Army Corps 

of Engineers as required for the project known as Brazos Island 

Harbor Deepening, further save and except approximately 76.95 

Acres for the existing Dredged Material Placement Area No. 

4A1, and further save and except approximately 74.40 Acres 

for the existing Dredged Material Placement Area No. 4B1. 

(3) Tract No. 3: Being 362.00 Acres as conveyed by the 

Manufacturing and Distributing University to the United States 

of America by instrument dated March 3, 1936, and recorded 

at Volume ‘‘R’’, page 123, in the Miscellaneous Deed Records 


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of Cameron County, Texas, to be released and abandoned in 

its entirety. 

(4) Tract No. 4: Being 9.48 Acres as conveyed by the 

Brownsville Navigation District of Cameron County, Texas, 

to the United States of America by instrument dated January 

23, 1939, and recorded at Volume 293, pages 115 through 

118, in the Deed Records of Cameron County, Texas (said 

9.48 Acres are identified in said instrument as the ‘‘Second 

Tract’’), to be released and abandoned in its entirety, save 

and except approximately 1.97 Acres, comprised of the area 

designated by the U.S. Army Corps of Engineers as required 

for the project known as Brazos Island Harbor Deepening, 

plus 5.0 feet. 

(5) Tract No. 5: Being 10.91 Acres as conveyed by the 

Brownsville Navigation District of Cameron County, Texas, 

by instrument dated March 6, 1939, and recorded at Volume 

293, pages 113 through 115, in the Deed Records of Cameron 

County, Texas (said 10.91 Acres are identified in said 

instrument as ‘‘Third Tract’’), to be released and abandoned 

in its entirety, save and except approximately 0.36 Acre, comprised of the area designated by the U.S. Army Corps of Engineers as required for the project known as Brazos Island Harbor 

Deepening. 

(6) Tract No. 9: Being 552.82 Acres as condemned by the 

United States of America by the Final Report of Commissioners 

dated May 6, 1938, and recorded at Volume 281, pages 483 

through 486, in the Deed Records of Cameron County, Texas, 

to be released and abandoned in its entirety, save and except 

approximately 84.59 Acres, comprised of the area designated 

by the U.S. Army Corps of Engineers as required for the project 

known as Brazos Island Harbor Deepening. 

(7) Tract No. 10: Being 325.02 Acres as condemned by 

the United States of America by the Final Report of Commissioners dated May 7, 1935, and recorded at Volume 281, pages 

476 through 483, in the Deed Records of Cameron County, 

Texas, to be released and abandoned in its entirety, save and 

except approximately 76.81 Acres, comprised of the area designated by the U.S. Army Corps of Engineers as required 

for the project known as Brazos Island Harbor Deepening. 

(8) Tract No. 11: Being 8.85 Acres in as conveyed by the 

Brownsville Navigation District of Cameron County, Texas, 

to the United States of America by instrument dated January 

23, 1939, and recorded at Volume 293, Pages 115 through 

118, in the Deed Records of Cameron County, Texas (said 

8.85 Acres are identified in said instrument as the ‘‘First 

Tract’’), to be released and abandoned in its entirety, save 

and except approximately 0.30 Acres, comprised of the area 

within the project known as Brazos Island Harbor Deepening, 

plus 5.0 feet. 

(9) Tract No. A100E: Being 13.63 Acres in as conveyed 

by the Brownsville Navigation District of Cameron County, 

Texas, to the United States of America by instrument dated 

September 30, 1947, and recorded at Volume 427, page 1 

through 4 in the Deed Records of Cameron County, to be 

released and abandoned in its entirety, save and except approximately 6.60 Acres, comprised of the area designated by the 


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U.S. Army Corps of Engineers as required for the existing 

project known as Brazos Island Harbor, plus 5.0 feet. 

(10) Tract No. 122E: Being 31.4 Acres as conveyed by 

the Brownsville Navigation District of Cameron County, Texas, 

to the United States of America by instrument dated December 

11, 1963 and recorded at Volume 756, page 393 in the Deed 

Records of Cameron County, Texas, to be released and abandoned in its entirety, save and except approximately 4.18 Acres 

in Share 31 of the Espiritu Santo Grant in Cameron County, 

Texas, and further save and except approximately 2.04 Acres 

in Share 7 of the San Martin Grant in Cameron County, Texas, 

being portions of the area designated by the U.S. Army Corps 

of Engineers as required for the current project known as 

Brazos Island Harbor, plus 5.0 feet. 

SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND 

SOUTH CAROLINA. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) NEW SAVANNAH BLUFF LOCK AND DAM.—The term ‘‘New 

Savannah Bluff Lock and Dam’’ means— 

(A) the lock and dam at New Savannah Bluff, 

Savannah River, Georgia and South Carolina; and 

(B) the appurtenant features to the lock and dam, 

including— 

(i) the adjacent approximately 50-acre park and 

recreation area with improvements made under the 

project for navigation, Savannah River below Augusta, 

Georgia, authorized by the first section of the Act 

of July 3, 1930 (46 Stat. 924), and the first section 

of the Act of August 30, 1935 (49 Stat. 1032); and 

(ii) other land that is part of the project and that 

the Secretary determines to be appropriate for conveyance under this section. 

(2) PROJECT.—The term ‘‘Project’’ means the project for 

navigation, Savannah Harbor expansion, Georgia, authorized 

by section 7002(1) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1364). 

(b) DEAUTHORIZATION.— 

(1) IN GENERAL.—Effective beginning on the date of enactment of this Act— 

(A) the New Savannah Bluff Lock and Dam is 

deauthorized; and 

(B) notwithstanding section 348(l)(2)(B) of the Water 

Resources Development Act of 2000 (Public Law 106–541; 

114 Stat. 2630; 114 Stat. 2763A–228) (as in effect on the 

day before the date of enactment of this Act) or any other 

provision of law, the New Savannah Bluff Lock and Dam 

shall not be conveyed to the city of North Augusta and 

Aiken County, South Carolina, or any other non-Federal 

entity. 

(2) REPEAL.—Section 348 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2630; 114 

Stat. 2763A–228) is amended— 

(A) by striking subsection (l); and 

(B) by redesignating subsections (m) and (n) as subsections (l) and (m), respectively. 


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(c) PROJECT MODIFICATIONS.— (1) IN GENERAL.—Notwithstanding any other provision of 

law, the Project is modified to include, as the Secretary determines to be necessary— 

(A)(i) repair of the lock wall of the New Savannah 

Bluff Lock and Dam and modification of the structure 

such that the structure is able— 

(I) to maintain the pool for navigation, water 

supply, and recreational activities, as in existence on 

the date of enactment of this Act; and 

(II) to allow safe passage over the structure to 

historic spawning grounds of shortnose sturgeon, 

Atlantic sturgeon, and other migratory fish; or 

(ii)(I) construction at an appropriate location across 

the Savannah River of a structure that is able to maintain 

the pool for water supply and recreational activities, as 

in existence on the date of enactment of this Act; and 

(II) removal of the New Savannah Bluff Lock and 

Dam on completion of construction of the structure; and 

(B) conveyance by the Secretary to Augusta-Richmond 

County, Georgia, of the park and recreation area adjacent 

to the New Savannah Bluff Lock and Dam, without consideration. 

(2) NON-FEDERAL COST SHARE.—The Federal share of the 

cost of any Project feature constructed pursuant to paragraph 

(1) shall be not greater than the share as provided by section 

7002(1) of the Water Resources Reform and Development Act 

of 2014 (Public Law 113–121; 128 Stat. 1364) for the most 

cost-effective fish passage structure. 

(3) OPERATION AND MAINTENANCE COSTS.—The Federal 

share of the costs of operation and maintenance of any Project 

feature constructed pursuant to paragraph (1) shall be consistent with the cost sharing of the Project as provided by 

law. 

SEC. 1320. HAMILTON CITY, CALIFORNIA. 

Section 1001(8) of the Water Resources Development Act of 

2007 (121 Stat. 1050) is modified to authorize the Secretary to 

construct the project at a total cost of $91,000,000, with an estimated Federal cost of $59,735,061 and an estimated non-Federal 

cost of $31,264,939. 

SEC. 1321. CONVEYANCES. 

(a) PEARL RIVER, MISSISSIPPI AND LOUISIANA.— (1) IN GENERAL.—The project for navigation, Pearl River, 

Mississippi and Louisiana, authorized by the first section of 

the Act of August 30, 1935 (49 Stat. 1033, chapter 831), and 

section 101 of the River and Harbor Act of 1966 (Public Law 

89–789; 80 Stat. 1405), is no longer authorized as a Federal 

project beginning on the date of enactment of this Act. 

(2) TRANSFER.— 

(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C), the Secretary is authorized to convey to a State or 

local interest, without consideration, all right, title, and 

interest of the United States in and to— 

(i) any land in which the Federal Government 

has a property interest for the project described in 

paragraph (1); and 


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(ii) improvements to the land described in clause 

(i). 

(B) RESPONSIBILITY FOR COSTS.—The transferee shall 

be responsible for the payment of all costs and administrative expenses associated with any transfer carried out 

pursuant to subparagraph (A), including costs associated 

with any land survey required to determine the exact acreage and legal description of the land and improvements 

to be transferred. 

(C) OTHER TERMS AND CONDITIONS.—A transfer under 

subparagraph (A) shall be subject to such other terms 

and conditions as the Secretary determines to be necessary 

and appropriate to protect the interests of the United 

States. 

(3) REVERSION.—If the Secretary determines that the land 

and improvements conveyed under paragraph (2) cease to be 

owned by the public, all right, title, and interest in and to 

the land and improvements shall revert, at the discretion of 

the Secretary, to the United States. 

(b) SARDIS LAKE, MISSISSIPPI.— 

(1) IN GENERAL.—The Secretary is authorized to convey 

to the lessee, at full fair market value, all right, title, and 

interest of the United Sates in and to the property identified 

in the leases numbered DACW38–1–15–7, DACW38–1–15–33, 

DACW38–1–15–34, and DACW38–1–15–38, subject to such 

terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United 

States. 

(2) EASEMENT AND RESTRICTIVE COVENANT.—The conveyance under paragraph (1) shall include— 

(A) a restrictive covenant to require the approval of 

the Secretary for any substantial change in the use of 

the property; and 

(B) a flowage easement. 

(c) PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA.— 

(1) IN GENERAL.—Notwithstanding the Act of June 28, 1938 

(52 Stat. 1215, chapter 795), as amended by section 3 of the 

Act of August 18, 1941 (55 Stat. 645, chapter 377), and notwithstanding section 3 of the Act of July 31, 1946 (60 Stat. 744, 

chapter 710), the Secretary shall convey, by quitclaim deed 

and without consideration, to the Grand River Dam Authority, 

an agency of the State of Oklahoma, for flood control purposes, 

all right, title, and interest of the United States in and to 

real property under the administrative jurisdiction of the Secretary acquired in connection with the Pensacola Dam project, 

together with any improvements on the property. 

(2) FLOOD CONTROL PURPOSES.—If any interest in the real 

property described in paragraph (1) ceases to be managed for 

flood control or other public purposes and is conveyed to a 

nonpublic entity, the transferee, as part of the conveyance, 

shall pay to the United States the fair market value for the 

interest. 

(3) NO EFFECT.—Nothing in this subsection— 

(A) amends, modifies, or repeals any existing authority 

vested in the Federal Energy Regulatory Commission; or 


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(B) amends, modifies, or repeals any authority of the 

Secretary or the Chief of Engineers pursuant to section 

7 of the Act of December 22, 1944 (33 U.S.C. 709). 

(d) JOE POOL LAKE, TEXAS.—The Secretary shall accept from 

the Trinity River Authority of Texas, if received on or before 

December 31, 2016, $31,344,841 as payment in full of amounts 

owed to the United States, including any accrued interest, for 

the approximately 61,747.1 acre-feet of water supply storage space 

in Joe Pool Lake, Texas (previously known as Lakeview Lake), 

for which payment has not commenced under Article 5.a (relating 

to project investment costs) of contract number DACW63–76–C– 

0106 as of the date of enactment of this Act. 

SEC. 1322. EXPEDITED CONSIDERATION. 

(a) IN GENERAL.—Section 1011 of the Water Resources Reform 

and Development Act of 2014 (33 U.S.C. 2341a) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(C) by inserting ‘‘restore or’’ before 

‘‘prevent the loss’’; and 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘the date of enactment of this Act’’ and 

inserting ‘‘the date of enactment of the Water 

Resources Development Act of 2016’’; and 

(ii) in subparagraph (A)(ii) by striking ‘‘that—’’ 

and all that follows through ‘‘limited reevaluation 

report’’; and 

(2) in subsection (b)— 

(A) in paragraph (1) by redesignating subparagraphs 

(A) through (C) as clauses (i) through (iii), respectively, 

and indenting appropriately; 

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; 

(C) in the matter preceding subparagraph (A) (as so 

redesignated) by striking ‘‘For’’ and inserting the following: 

‘‘(1) IN GENERAL.—For’’; and 

(D) by adding at the end the following: 

‘‘(2) EXPEDITED CONSIDERATION OF CURRENTLY AUTHORIZED

PROGRAMMATIC AUTHORITIES.—Not later than 180 days after 

the date of enactment of the Water Resources Development 

Act of 2016, the Secretary shall submit to the Committee on 

Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives a report that contains— 

‘‘(A) a list of all programmatic authorities for aquatic 

ecosystem restoration or improvement of the environment 

that— 

‘‘(i) were authorized or modified in the Water 

Resources Development Act of 2007 (Public Law 110– 

114; 121 Stat. 1041) or any subsequent Act; and 

‘‘(ii) that meet the criteria described in paragraph 

(1); and 

‘‘(B) a plan for expeditiously completing the projects 

under the authorities described in subparagraph (A), subject to available funding.’’. 

(b) EXPEDITED CONSIDERATION.— 


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(1) EXPEDITED COMPLETION OF FLOOD DAMAGE REDUCTION

AND FLOOD RISK MANAGEMENT PROJECTS.—For authorized 

projects with a primary purpose of flood damage reduction 

and flood risk management, the Secretary shall provide priority 

funding for and expedite the completion of the following 

projects: 

(A) Chicagoland Underflow Plan, Illinois, including 

stage 2 of the McCook Reservoir, as authorized by section 

3(a)(5) of the Water Resources Development Act of 1988 

(Public Law 100–676; 102 Stat. 4013) and modified by 

section 319 of the Water Resources Development Act of 

1996 (Public Law 104–303; 110 Stat. 3715) and section 

501(b) of the Water Resources Development Act of 1999 

(Public Law 106–53; 113 Stat. 334). 

(B) Cedar River, Cedar Rapids, Iowa, as authorized 

by section 7002(2)(3) of the Water Resources Reform and 

Development Act of 2014 (Public Law 113–121; 128 Stat. 

1366). 

(C) Comite River, Louisiana, authorized as part of the 

project for flood control, Amite River and Tributaries, Louisiana, by section 101(11) of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4802) 

and modified by section 301(b)(5) of the Water Resources 

Development Act of 1996 (Public Law 104–303; 110 Stat. 

3709) and section 371 of the Water Resources Development 

Act of 1999 (Public Law 106–53; 113 Stat. 321). 

(D) Amite River and Tributaries, Louisiana, East Baton 

Rouge Parish Watershed, as authorized by section 

101(a)(21) of the Water Resources Development Act of 1999 

(Public Law 106–53; 113 Stat. 277) and modified by section 

116 of title I of division D of Public Law 108–7 (117 

Stat. 140) and section 3074 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1124). 

(E) The projects described in paragraphs (29) through 

(33) of section 212(e) of the Water Resources Development 

Act of 1999 (33 U.S.C. 2332(e)). 

(2) EXPEDITED COMPLETION OF FEASIBILITY STUDIES.—The 

Secretary shall give priority funding and expedite completion 

of the reports for the following projects, and, if the Secretary 

determines that a project is justified in the completed report, 

proceed directly to project preconstruction, engineering, and 

design in accordance with section 910 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2287): 

(A) The project for navigation, St. George Harbor, 

Alaska. 

(B) The project for flood risk management, Rahway 

River Basin, New Jersey. 

(C) The Hudson-Raritan Estuary Comprehensive Restoration Project. 

(D) The project for navigation, Mobile Harbor, Alabama. 

(E) The project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona. 

(F) The project for flood risk management, Lower San 

Joaquin River, California. In carrying out the feasibility 

study for the project, the Secretary shall include Reclamation District 17 as part of the study. 


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(G) The project for flood risk management and ecosystem restoration, Sacramento River Flood Control 

System, California. 

(H) The project for hurricane and storm damage risk 

reduction, Ft. Pierce, Florida. 

(I) The project for flood risk management, Des Moines 

and Raccoon Rivers, Iowa. 

(J) The project for navigation, Mississippi River Ship 

Channel, Louisiana. 

(K) The project for flood risk management, North 

Branch Ecorse Creek, Wayne County, Michigan. 

(3) EXPEDITED COMPLETION OF POST-AUTHORIZATION

CHANGE REPORT.—The Secretary shall provide priority funding 

for, and expedite completion of, a post-authorization change 

report for the project for hurricane and storm damage risk 

reduction, New Hanover County, North Carolina. 

(4) COMPLETION OF PROJECTS UNDER CONSTRUCTION BY

NON-FEDERAL INTERESTS.—The Secretary shall expedite review 

and decision on recommendations for the following projects 

for flood damage reduction and flood risk management: 

(A) Pearl River Basin, Mississippi, authorized by section 401(e)(3) of the Water Resources Development Act 

of 1986 (Public Law 99–662; 100 Stat. 4132), as modified 

by section 3104 of the Water Resources Development Act 

of 2007 (Public Law 110–114; 121 Stat. 1134), submitted 

to the Secretary under section 211 of the Water Resources 

Development Act of 1996 (33 U.S.C. 701b–13) (as in effect 

on the day before the date of enactment of the Water 

Resources Reform and Development Act of 2014 (Public 

Law 113–121; 128 Stat. 1193)). 

(B) Brays Bayou, Texas, authorized by section 

101(a)(21) of the Water Resources Development Act of 1990 

(Public Law 101–640; 104 Stat. 4610), as modified by section 211(f)(6) of the Water Resources Development Act 

of 1996 (33 U.S.C. 701b–13(f)(6)) (as in effect on the day 

before the date of enactment of the Water Resources Reform 

and Development Act of 2014 (Public Law 113–121; 128 

Stat. 1193)). 

Subtitle D—Water Resources 

Infrastructure 

SEC. 1401. PROJECT AUTHORIZATIONS. 

The following projects for water resources development and 

conservation and other purposes, as identified in the reports titled 

‘‘Report to Congress on Future Water Resources Development’’ submitted to Congress on January 29, 2015, and January 29, 2016, 

respectively, pursuant to section 7001 of the Water Resources 

Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise 

reviewed by Congress, are authorized to be carried out by the 

Secretary substantially in accordance with the plans, and subject 

to the conditions, described in the respective reports designated 

in this section: 

(1) NAVIGATION.— 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1709 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. TX Brazos Island 

Harbor 

Nov. 3, 

2014 

Federal: $121,023,000 

Non-Federal: 

$89,453,000 

Total: $210,476,000 

2. LA Calcasieu Lock Dec. 2, 

2014 

Total: $17,432,000 (to be 

derived 1⁄2 from the 

general fund of the 

Treasury and 1⁄2 from 

the Inland Waterways 

Trust Fund) 

3. NH, 

ME 

Portsmouth 

Harbor and 

Piscataqua 

River 

Feb. 8, 

2015 

Federal: $16,015,000 

Non-Federal: $5,338,000 

Total: $21,353,000 

4. FL Port Everglades Jun. 25, 

2015 

Federal: $229,770,000 

Non-Federal: 

$107,233,000 

Total: $337,003,000 

5. AK Little Diomede 

Harbor 

Aug. 10, 

2015 

Federal: $26,394,000 

Non-Federal: $2,933,000 

Total: $29,327,000 

6. SC Charleston 

Harbor 

Sep. 8, 

2015 

Federal: $231,239,000 

Non-Federal: 

$271,454,000 

Total: $502,693,000 

7. AK Craig Harbor Mar. 16, 

2016 

Federal: $29,456,000 

Non-Federal: $3,299,000 

Total: $32,755,000 

8. PA Upper Ohio Sep. 12, 

2016 

Total: $2,691,600,000 (to 

be derived 1⁄2 from the 

general fund of the 

Treasury and 1⁄2 from 

the Inland Waterways 

Trust Fund). 


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130 STAT. 1710 PUBLIC LAW 114–322—DEC. 16, 2016 

(2) FLOOD RISK MANAGEMENT.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. TX Leon Creek 

Watershed 

Jun. 30, 

2014 

Federal: $22,145,000 

Non-Federal: 

$11,925,000 

Total: $34,070,000 

2. MO, 

KS 

Armourdale 

and Central 

Industrial 

District 

Levee Units, 

Missouri 

River and 

Tributaries 

at Kansas 

Citys 

Jan. 27, 

2015 

Federal: $213,271,500 

Non-Federal: 

$114,838,500 

Total: $328,110,000 

3. KS City of Manhattan Apr. 30, 

2015 

Federal: $16,151,000 

Non-Federal: $8,697,000 

Total: $24,848,000 

4. TN Mill Creek Oct. 16, 

2015 

Federal: $17,950,000 

Non-Federal: 

$10,860,000 

Total: $28,810,000 

5. KS Upper Turkey 

Creek Basin 

Dec. 22, 

2015 

Federal: $25,610,000 

Non-Federal: 

$13,790,000 

Total: $39,400,000 

6. NC Princeville Feb. 23, 

2016 

Federal: $14,080,000 

Non-Federal: $7,582,000 

Total: $21,662,000 

7. CA American 

River Common Features 

Apr. 26, 

2016 

Federal: $890,046,900 

Non-Federal: 

$705,714,100 

Total: $1,595,761,000 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1711 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

8. CA West Sacramento Apr. 26, 

2016 

Federal: $788,861,000 

Non-Federal: 

$424,772,000 

Total: $1,213,633,000. 

(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

1. SC Colleton County Sep. 5, 

2014 

Initial Federal: 

$14,448,000 

Initial Non-Federal: 

$7,780,000 

Initial Total: 

$22,228,000 

Renourishment Federal: 

$17,491,000 

Renourishment NonFederal: $17,491,000 

Renourishment Total: 

$34,982,000 

2. FL Flagler County Dec. 23, 

2014 

Initial Federal: 

$9,561,000 

Initial Non-Federal: 

$5,149,000 

Initial Total: 

$14,710,000 

Renourishment Federal: 

$15,814,000 

Renourishment NonFederal: $15,815,000 

Renourishment Total: 

$31,629,000 


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130 STAT. 1712 PUBLIC LAW 114–322—DEC. 16, 2016 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

3. NC Carteret County Dec. 23, 

2014 

Initial Federal: 

$25,468,000 

Initial Non-Federal: 

$13,714,000 

Initial Total: 

$39,182,000 

Renourishment Federal: 

$120,428,000 

Renourishment NonFederal: $120,429,000 

Renourishment Total: 

$240,857,000 

4. NJ Hereford Inlet 

to Cape May 

Inlet, Cape 

May County 

Jan. 23, 

2015 

Initial Federal: 

$14,823,000 

Initial Non-Federal: 

$7,981,000 

Initial Total: 

$22,804,000 

Renourishment Federal: 

$43,501,000 

Renourishment NonFederal: $43,501,000 

Renourishment Total: 

$87,002,000 

5. LA West Shore 

Lake Pontchartrain 

Jun. 12, 

2015 

Federal: $483,496,650 

Non-Federal: 

$260,344,350 

Total: $743,841,000 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1713 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

6. CA San Diego 

County 

Apr. 26, 

2016 

Initial Federal: 

$20,953,000 

Initial Non-Federal: 

$11,282,000 

Initial Total: 

$32,235,000 

Renourishment Federal: 

$70,785,000 

Renourishment NonFederal: $70,785,000 

Renourishment Total: 

$141,570,000. 

(4) ECOSYSTEM RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. FL Central Everglades Dec. 23, 

2014 

Federal: $993,131,000 

Non-Federal: 

$991,544,000 

Total: $1,984,675,000 

2. WA Skokomish 

River 

Dec. 14, 

2015 

Federal: $13,168,000 

Non-Federal: $7,091,000 

Total: $20,259,000 

3. WA Puget Sound Sep. 16, 

2016 

Federal: $300,009,000 

Non-Federal: 

$161,543,000 

Total: $461,552,000. 

(5) FLOOD RISK MANAGEMENT AND ECOSYSTEM RESTORATION.— 


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130 STAT. 1714 PUBLIC LAW 114–322—DEC. 16, 2016 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. IL, 

WI 

Upper Des 

Plaines 

River and 

Tributaries 

Jun. 8, 

2015 

Federal: $204,860,000 

Non-Federal: 

$110,642,000 

Total: $315,502,000. 

(6) FLOOD RISK MANAGEMENT, ECOSYSTEM RESTORATION, 

AND RECREATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. CA South San 

Francisco 

Bay Shoreline 

Dec. 18, 

2015 

Federal: $70,511,000 

Non-Federal: 

$106,689,000 

Total: $177,200,000. 

(7) ECOSYSTEM RESTORATION AND RECREATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. OR Willamette 

River 

Dec. 14, 

2015 

Federal: $19,531,000 

Non-Federal: 

$10,845,000 

Total: $30,376,000 

2. CA Los Angeles 

River 

Dec. 18, 

2015 

Federal: $373,413,500 

Non-Federal: 

$1,046,893,500 

Total: $1,420,307,000. 

(8) HURRICANE AND STORM DAMAGE RISK REDUCTION AND

ECOSYSTEM RESTORATION.— 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1715 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. LA Southwest 

Coastal Louisiana 

Jul. 29, 

2016 

Federal: $2,054,386,100 

Non-Federal: 

$1,106,207,900 

Total: $3,160,594,000. 

(9) MODIFICATIONS AND OTHER PROJECTS.— 

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

1. TX Upper Trinity 

River 

May 21, 

2008 

Federal: $526,500,000 

Non-Federal: 

$283,500,000 

Total: $810,000,000 

2. KS, 

MO 

Turkey Creek 

Basin 

May 13, 

2016 

Federal: $101,491,650 

Non-Federal: 

$54,649,350 

Total: $156,141,000 

3. KY Ohio River 

Shoreline 

May 13, 

2016 

Federal: $20,309,900 

Non-Federal: 

$10,936,100 

Total: $31,246,000 

4. MO Blue River 

Basin 

May 13, 

2016 

Federal: $36,326,250 

Non-Federal: 

$12,108,750 

Total: $48,435,000 

5. FL Picayune 

Strand 

Jul. 15, 

2016 

Federal: $313,166,000 

Non-Federal: 

$313,166,000 

Total: $626,332,000 


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130 STAT. 1716 PUBLIC LAW 114–322—DEC. 16, 2016 

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

6. MO Swope Park 

Industrial 

Area, Blue 

River 

Jul. 15, 

2016 

Federal: $21,033,350 

Non-Federal: 

$11,325,650 

Total: $32,359,000 

7. AZ Rio de Flag, 

Flagstaff 

Sep. 21, 

2016 

Federal: $66,844,900 

Non-Federal: 

$36,039,100 

Total: $102,884,000 

8. TX Houston Ship 

Channel 

Nov. 4, 

2016 

Federal: $381,773,000 

Non-Federal: 

$127,425,000 

Total: $509,198,000. 

SEC. 1402. SPECIAL RULES. 

(a) MILL CREEK.—The portion of the project for flood risk 

management, Mill Creek, Tennessee, authorized by section 1401(2) 

of this Act that consists of measures within the Mill Creek basin 

shall be carried out pursuant to section 205 of the Flood Control 

Act of 1948 (33 U.S.C. 701s). 

(b) LOS ANGELES RIVER.—The Secretary shall carry out the 

project for ecosystem restoration and recreation, Los Angeles River, 

California, authorized by section 1401(7) of this Act substantially 

in accordance with terms and conditions described in the Report 

of the Chief of Engineers, dated December 18, 2015, including, 

notwithstanding section 2008(c) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1074), the recommended cost share. 

(c) UPPER TRINITY RIVER.—Not more than $5,500,000 may be 

expended to carry out recreation features of the Upper Trinity 

River project, Texas, authorized by section 1401(9) of this Act. 

TITLE II—WATER AND WASTE ACT OF 

2016 

SEC. 2001. SHORT TITLE. 

This title may be cited as the ‘‘Water and Waste Act of 2016’’. 

SEC. 2002. DEFINITION OF ADMINISTRATOR. 

In this title, the term ‘‘Administrator’’ means the Administrator 

of the Environmental Protection Agency. 

42 USC 300j–3d 

note. 

Water and Waste 

Act of 2016. 

42 USC 201 note. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1717 

Subtitle A—Safe Drinking Water 

SEC. 2101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS. 

It is the sense of Congress that Congress should provide robust 

funding of capitalization grants to States to fund those States’ 

drinking water treatment revolving loan funds established under 

section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j– 

12) and the State water pollution control revolving funds established 

under title VI of the Federal Water Pollution Control Act (33 

U.S.C. 1381 et seq.). 

SEC. 2102. PRECONSTRUCTION WORK. 

Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(a)(2)) is amended— 

(1) in the fifth sentence, by striking ‘‘Of the amount’’ and 

inserting the following: 

‘‘(F) LOAN ASSISTANCE.—Of the amount’’; 

(2) in the fourth sentence, by striking ‘‘The funds’’ and 

inserting the following: 

‘‘(E) ACQUISITION OF REAL PROPERTY.—The funds under 

this section’’; 

(3) in the third sentence, by striking ‘‘The funds’’ and 

inserting the following: 

‘‘(D) WATER TREATMENT LOANS.—The funds under this 

section’’; 

(4) in the second sentence, by striking ‘‘Financial assistance’’ and inserting the following: 

‘‘(B) LIMITATION.—Financial assistance’’; 

(5) in the first sentence, by striking ‘‘Except’’ and inserting 

the following: 

‘‘(A) IN GENERAL.—Except’’; 

(6) in subparagraph (B) (as designated by paragraph (4)), 

by striking ‘‘(not’’ and inserting ‘‘(including expenditures for 

planning, design, and associated preconstruction activities, 

including activities relating to the siting of the facility, but 

not’’; and 

(7) by inserting after subparagraph (B) (as designated by 

paragraph (4)) the following: 

‘‘(C) SALE OF BONDS.—Funds may also be used by 

a public water system as a source of revenue (restricted 

solely to interest earnings of the applicable State loan 

fund) or security for payment of the principal and interest 

on revenue or general obligation bonds issued by the State 

to provide matching funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the 

State loan fund.’’. 

SEC. 2103. ADMINISTRATION OF STATE LOAN FUNDS. 

Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(g)(2)) is amended— 

(1) by redesignating subparagraphs (A) through (D) as 

clauses (i) through (iv), respectively, and indenting the clauses 

appropriately; 

(2) by striking the fifth sentence and inserting the following: 


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130 STAT. 1718 PUBLIC LAW 114–322—DEC. 16, 2016 

‘‘(D) ENFORCEMENT ACTIONS.—Funds used under 

subparagraph (B)(ii) shall not be used for enforcement 

actions.’’; 

(3) in the fourth sentence, by striking ‘‘An additional’’ and 

inserting the following: 

‘‘(C) TECHNICAL ASSISTANCE.—An additional’’; 

(4) by striking the third sentence; 

(5) in the second sentence, by striking ‘‘For fiscal year’’ 

and inserting the following: 

‘‘(B) ADDITIONAL USE OF FUNDS.—For fiscal year’’; 

(6) by striking the first sentence and inserting the following: 

‘‘(A) AUTHORIZATION.— ‘‘(i) IN GENERAL.—For each fiscal year, a State 

may use the amount described in clause (ii)— 

‘‘(I) to cover the reasonable costs of administration of the programs under this section, including 

the recovery of reasonable costs expended to establish a State loan fund that are incurred after the 

date of enactment of this section; and 

‘‘(II) to provide technical assistance to public 

water systems within the State. 

‘‘(ii) DESCRIPTION OF AMOUNT.—The amount 

referred to in clause (i) is an amount equal to the 

sum of— 

‘‘(I) the amount of any fees collected by the 

State for use in accordance with clause (i)(I), 

regardless of the source; and 

‘‘(II) the greatest of— ‘‘(aa) $400,000; 

‘‘(bb) 1⁄5 percent of the current valuation 

of the fund; and 

‘‘(cc) an amount equal to 4 percent of all 

grant awards to the fund under this section 

for the fiscal year.’’; and 

(7) in subparagraph (B) (as redesignated by paragraph 

(5))— 

(A) in clause (iv) (as redesignated by paragraph (1)), 

by striking ‘‘1419,’’ and inserting ‘‘1419.’’; and 

(B) in the undesignated matter following clause (iv) 

(as redesignated by paragraph (1)), by striking ‘‘if the State’’ 

and all that follows through ‘‘State funds.’’. 

SEC. 2104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES. 

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES. 

‘‘(a) DEFINITION OF UNDERSERVED COMMUNITY.—In this section: 

‘‘(1) IN GENERAL.—The term ‘underserved community’ 

means a political subdivision of a State that, as determined 

by the Administrator, has an inadequate system for obtaining 

drinking water. 

‘‘(2) INCLUSIONS.—The term ‘underserved community’ 

includes a political subdivision of a State that either, as determined by the Administrator— 

42 USC 

300j–19a. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1719 

‘‘(A) does not have household drinking water or wastewater services; or 

‘‘(B) is served by a public water system that violates, 

or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 1412, 

including— 

‘‘(i) a maximum contaminant level; 

‘‘(ii) a treatment technique; and 

‘‘(iii) an action level. 

‘‘(b) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—The Administrator shall establish a program under which grants are provided to eligible entities for 

use in carrying out projects and activities the primary purposes 

of which are to assist public water systems in meeting the 

requirements of this title. 

‘‘(2) INCLUSIONS.—Projects and activities under paragraph 

(1) include— 

‘‘(A) investments necessary for the public water system 

to comply with the requirements of this title; 

‘‘(B) assistance that directly and primarily benefits the 

disadvantaged community on a per-household basis; and 

‘‘(C) programs to provide household water quality 

testing, including testing for unregulated contaminants. 

‘‘(c) ELIGIBLE ENTITIES.—An eligible entity under this section— 

‘‘(1) is— 

‘‘(A) a public water system; 

‘‘(B) a water system that is located in an area governed 

by an Indian Tribe; or 

‘‘(C) a State, on behalf of an underserved community; 

and 

‘‘(2) serves a community— 

‘‘(A) that, under affordability criteria established by 

the State under section 1452(d)(3), is determined by the 

State— 

‘‘(i) to be a disadvantaged community; or 

‘‘(ii) to be a community that may become a disadvantaged community as a result of carrying out a 

project or activity under subsection (b); or 

‘‘(B) with a population of less than 10,000 individuals 

that the Administrator determines does not have the 

capacity to incur debt sufficient to finance a project or 

activity under subsection (b). 

‘‘(d) PRIORITY.—In prioritizing projects and activities for 

implementation under this section, the Administrator shall give 

priority to projects and activities that benefit underserved communities. 

‘‘(e) LOCAL PARTICIPATION.—In prioritizing projects and activities for implementation under this section, the Administrator shall 

consult with and consider the priorities of States, Indian Tribes, 

and local governments in which communities described in subsection 

(c)(2) are located. 

‘‘(f) TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY.—The 

Administrator may provide assistance to increase the technical, 

managerial, and financial capability of an eligible entity receiving 

a grant under this section if the Administrator determines that 


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130 STAT. 1720 PUBLIC LAW 114–322—DEC. 16, 2016 

the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another 

Federal program. 

‘‘(g) COST SHARING.—Before providing a grant to an eligible 

entity under this section, the Administrator shall enter into a 

binding agreement with the eligible entity to require the eligible 

entity— 

‘‘(1) to pay not less than 45 percent of the total costs 

of the project or activity, which may include services, materials, 

supplies, or other in-kind contributions; 

‘‘(2) to provide any land, easements, rights-of-way, and 

relocations necessary to carry out the project or activity; and 

‘‘(3) to pay 100 percent of any operation and maintenance 

costs associated with the project or activity. 

‘‘(h) WAIVER.—The Administrator may waive, in whole or in 

part, the requirement under subsection (g)(1) if the Administrator 

determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the nonFederal share. 

‘‘(i) LIMITATION ON USE OF FUNDS.—Not more than 4 percent 

of funds made available for grants under this section may be 

used to pay the administrative costs of the Administrator. 

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section, $60,000,000 for each 

of fiscal years 2017 through 2021.’’. 

SEC. 2105. REDUCING LEAD IN DRINKING WATER. 

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 

seq.) is further amended by adding at the end the following: 

‘‘SEC. 1459B. REDUCING LEAD IN DRINKING WATER. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) a community water system; 

‘‘(B) a water system located in an area governed by 

an Indian Tribe; 

‘‘(C) a nontransient noncommunity water system; 

‘‘(D) a qualified nonprofit organization, as determined 

by the Administrator, servicing a public water system; 

and 

‘‘(E) a municipality or State, interstate, or intermunicipal agency. 

‘‘(2) LEAD REDUCTION PROJECT.— ‘‘(A) IN GENERAL.—The term ‘lead reduction project’ 

means a project or activity the primary purpose of which 

is to reduce the concentration of lead in water for human 

consumption by— 

‘‘(i) replacement of publicly owned lead service 

lines; 

‘‘(ii) testing, planning, or other relevant activities, 

as determined by the Administrator, to identify and 

address conditions (including corrosion control) that 

contribute to increased concentration of lead in water 

for human consumption; and 

‘‘(iii) providing assistance to low-income homeowners to replace lead service lines. 

‘‘(B) LIMITATION.—The term ‘lead reduction project’ 

does not include a partial lead service line replacement 

42 USC 

300j–19b. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1721 

if, at the conclusion of the service line replacement, 

drinking water is delivered to a household through a publicly or privately owned portion of a lead service line. 

‘‘(3) LOW-INCOME.—The term ‘low-income’, with respect to 

an individual provided assistance under this section, has such 

meaning as may be given the term by the Governor of the 

State in which the eligible entity is located, based upon the 

affordability criteria established by the State under section 

1452(d)(3). 

‘‘(4) LEAD SERVICE LINE.—The term ‘lead service line’ means 

a pipe and its fittings, which are not lead free (as defined 

in section 1417(d)), that connect the drinking water main to 

the building inlet. 

‘‘(5) NONTRANSIENT NONCOMMUNITY WATER SYSTEM.—The 

term ‘nontransient noncommunity water system’ means a public 

water system that is not a community water system and that 

regularly serves at least 25 of the same persons over 6 months 

per year. 

‘‘(b) GRANT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Administrator shall establish 

a grant program to provide assistance to eligible entities for 

lead reduction projects in the United States. 

‘‘(2) PRECONDITION.—As a condition of receipt of assistance 

under this section, an eligible entity shall take steps to identify— 

‘‘(A) the source of lead in the public water system 

that is subject to human consumption; and 

‘‘(B) the means by which the proposed lead reduction 

project would meaningfully reduce the concentration of lead 

in water provided for human consumption by the applicable 

public water system. 

‘‘(3) PRIORITY APPLICATION.—In providing grants under this 

subsection, the Administrator shall give priority to an eligible 

entity that— 

‘‘(A) the Administrator determines, based on affordability criteria established by the State under section 

1452(d)(3), to be a disadvantaged community; and 

‘‘(B) proposes to— 

‘‘(i) carry out a lead reduction project at a public 

water system or nontransient noncommunity water 

system that has exceeded the lead action level established by the Administrator under section 1412 at any 

time during the 3-year period preceding the date of 

submission of the application of the eligible entity; 

or 

‘‘(ii) address lead levels in water for human 

consumption at a school, daycare, or other facility that 

primarily serves children or other vulnerable human 

subpopulation described in section 1458(a)(1). 

‘‘(4) COST SHARING.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

non-Federal share of the total cost of a project funded 

by a grant under this subsection shall be not less than 

20 percent. 

‘‘(B) WAIVER.—The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for 


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130 STAT. 1722 PUBLIC LAW 114–322—DEC. 16, 2016 

reasons of affordability, as the Administrator determines 

to be appropriate. 

‘‘(5) LOW-INCOME ASSISTANCE.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), an 

eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners 

to replace the lead service lines of such homeowners. 

‘‘(B) LIMITATION.—The amount of a grant provided to 

a low-income homeowner under this paragraph shall not 

exceed the standard cost of replacement of the privately 

owned portion of the lead service line. 

‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERVICE LINE

REPLACEMENT.—In carrying out lead service line replacement 

using a grant under this subsection, an eligible entity— 

‘‘(A) shall notify customers of the replacement of any 

publicly owned portion of the lead service line; 

‘‘(B) may, in the case of a homeowner who is not 

low-income, offer to replace the privately owned portion 

of the lead service line at the cost of replacement for 

that homeowner’s property; 

‘‘(C) may, in the case of a low-income homeowner, 

offer to replace the privately owned portion of the lead 

service line at a cost that is equal to the difference 

between— 

‘‘(i) the cost of replacement; and 

‘‘(ii) the amount of assistance available to the lowincome homeowner under paragraph (5); 

‘‘(D) shall notify each customer that a planned replacement of any publicly owned portion of a lead service line 

that is funded by a grant made under this subsection 

will not be carried out unless the customer agrees to the 

simultaneous replacement of the privately owned portion 

of the lead service line; and 

‘‘(E) shall demonstrate that the eligible entity has 

considered other options for reducing the concentration 

of lead in its drinking water, including an evaluation of 

options for corrosion control. 

‘‘(c) LIMITATION ON USE OF FUNDS.—Not more than 4 percent 

of funds made available for grants under this section may be 

used to pay the administrative costs of the Administrator. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $60,000,000 for each 

of fiscal years 2017 through 2021. 

‘‘(e) SAVINGS CLAUSE.—Nothing in this section affects whether 

a public water system is responsible for the replacement of a lead 

service line that is— 

‘‘(1) subject to the control of the public water system; and 

‘‘(2) located on private property.’’. 

SEC. 2106. NOTICE TO PERSONS SERVED. 

(a) ENFORCEMENT OF DRINKING WATER REGULATIONS.—Section 

1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is 

amended— 

(1) in the subsection heading, by striking ‘‘NOTICE TO’’ 

and inserting ‘‘NOTICE TO STATES, THE ADMINISTRATOR, AND’’; 

(2) in paragraph (1)— 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1723 

(A) in subparagraph (C), by striking ‘‘paragraph (2)(E)’’ 

and inserting ‘‘paragraph (2)(F)’’; and 

(B) by adding at the end the following: 

‘‘(D) Notice that the public water system exceeded the 

lead action level under section 141.80(c) of title 40, Code 

of Federal Regulations (or a prescribed level of lead that 

the Administrator establishes for public education or 

notification in a successor regulation promulgated pursuant 

to section 1412).’’; 

(3) in paragraph (2)— 

(A) in subparagraph (B)(i)(II), by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph (E)’’; 

(B) in subparagraph (C)— 

(i) in the subparagraph heading, by striking ‘‘VIO- LATIONS’’ and inserting ‘‘NOTICE OF VIOLATIONS OR

EXCEEDANCES’’; 

(ii) in the matter preceding clause (i)— 

(I) in the first sentence, by striking ‘‘violation’’ 

and inserting ‘‘violation, and each exceedance 

described in paragraph (1)(D),’’; and 

(II) in the second sentence, by striking ‘‘violation’’ and inserting ‘‘violation or exceedance’’; 

(iii) by striking clause (i) and inserting the following: 

‘‘(i) be distributed as soon as practicable, but not 

later than 24 hours, after the public water system 

learns of the violation or exceedance;’’; 

(iv) in clause (ii), by inserting ‘‘or exceedance’’ after 

‘‘violation’’ each place it appears; 

(v) by striking clause (iii) and inserting the following: 

‘‘(iii) be provided to the Administrator and the 

head of the State agency that has primary enforcement 

responsibility under section 1413, as applicable, as soon 

as practicable, but not later than 24 hours after the 

public water system learns of the violation or exceedance; and’’; and 

(vi) in clause (iv)— 

(I) in subclause (I), by striking ‘‘broadcast 

media’’ and inserting ‘‘media, including broadcast 

media’’; and 

(II) in subclause (III), by striking ‘‘in lieu of 

notification by means of broadcast media or newspaper’’; 

(C) by redesignating subparagraphs (D) and (E) as 

subparagraphs (E) and (F), respectively; and 

(D) by inserting after subparagraph (C) the following: 

‘‘(D) NOTICE BY THE ADMINISTRATOR.—If the State with 

primary enforcement responsibility or the owner or operator of a public water system has not issued a notice 

under subparagraph (C) for an exceedance of the lead action 

level under section 141.80(c) of title 40, Code of Federal 

Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in 

a successor regulation promulgated pursuant to section 

1412) that has the potential to have serious adverse effects 

on human health as a result of short-term exposure, not 


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130 STAT. 1724 PUBLIC LAW 114–322—DEC. 16, 2016 

later than 24 hours after the Administrator is notified 

of the exceedance, the Administrator shall issue the 

required notice under that subparagraph.’’; 

(4) in paragraph (3)(B), in the first sentence— 

(A) by striking ‘‘subparagraph (A) and’’ and inserting 

‘‘subparagraph (A),’’; and 

(B) by striking ‘‘subparagraph (C) or (D) of paragraph 

(2)’’ and inserting ‘‘subparagraph (C) or (E) of paragraph 

(2), and notices issued by the Administrator with respect 

to public water systems serving Indian Tribes under 

subparagraph (D) of that paragraph’’; 

(5) in paragraph (4)(B)— 

(A) in clause (ii), by striking ‘‘the terms’’ and inserting 

‘‘the terms ‘action level’,’’; 

(B) by striking clause (iii) and inserting the following: 

‘‘(iii) If any regulated contaminant is detected in 

the water purveyed by the public water system, a 

statement describing, as applicable— 

‘‘(I) the maximum contaminant level goal; 

‘‘(II) the maximum contaminant level; 

‘‘(III) the level of the contaminant in the water 

system; 

‘‘(IV) the action level for the contaminant; and 

‘‘(V) for any contaminant for which there has 

been a violation of the maximum contaminant level 

during the year concerned, a brief statement in 

plain language regarding the health concerns that 

resulted in regulation of the contaminant, as provided by the Administrator in regulations under 

subparagraph (A).’’; and 

(C) in the undesignated matter following clause (vi), 

in the second sentence, by striking ‘‘subclause (IV) of clause 

(iii)’’ and inserting ‘‘clause (iii)(V)’’; and 

(6) by adding at the end the following: 

‘‘(5) EXCEEDANCE OF LEAD LEVEL AT HOUSEHOLDS.— ‘‘(A) STRATEGIC PLAN.—Not later than 180 days after 

the date of enactment of this paragraph, the Administrator 

shall, in collaboration with owners and operators of public 

water systems and States, establish a strategic plan for 

how the Administrator, a State with primary enforcement 

responsibility, and owners and operators of public water 

systems shall provide targeted outreach, education, technical assistance, and risk communication to populations 

affected by the concentration of lead in a public water 

system, including dissemination of information described 

in subparagraph (C). 

‘‘(B) EPA INITIATION OF NOTICE.— 

‘‘(i) FORWARDING OF DATA BY EMPLOYEE OF THE

AGENCY.—If the Agency develops, or receives from a 

source other than a State or a public water system, 

data that meets the requirements of section 

1412(b)(3)(A)(ii) that indicates that the drinking water 

of a household served by a public water system contains a level of lead that exceeds the lead action level 

under section 141.80(c) of title 40, Code of Federal 

Regulations (or a prescribed level of lead that the 

Administrator establishes for public education or 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1725 

notification in a successor regulation promulgated 

pursuant to section 1412) (referred to in this paragraph 

as an ‘affected household’), the Administrator shall 

require an appropriate employee of the Agency to forward the data, and information on the sampling techniques used to obtain the data, to the owner or operator 

of the public water system and the State in which 

the affected household is located within a time period 

determined by the Administrator. 

‘‘(ii) DISSEMINATION OF INFORMATION BY OWNER

OR OPERATOR.—The owner or operator of a public water 

system shall disseminate to affected households the 

information described in subparagraph (C) within a 

time period established by the Administrator, if the 

owner or operator— 

‘‘(I) receives data and information under clause 

(i); and 

‘‘(II) has not, since the date of the test that 

developed the data, notified the affected households— 

‘‘(aa) with respect to the concentration of 

lead in the drinking water of the affected 

households; and 

‘‘(bb) that the concentration of lead in the 

drinking water of the affected households 

exceeds the lead action level under section 

141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the 

Administrator establishes for public education 

or notification in a successor regulation 

promulgated pursuant to section 1412). 

‘‘(iii) CONSULTATION.— 

‘‘(I) DEADLINE.—If the owner or operator of 

the public water system does not disseminate to 

the affected households the information described 

in subparagraph (C) as required under clause (ii) 

within the time period established by the Administrator, not later than 24 hours after the Administrator becomes aware of the failure by the owner 

or operator of the public water system to disseminate the information, the Administrator shall consult, within a period not to exceed 24 hours, with 

the applicable Governor to develop a plan, in 

accordance with the strategic plan, to disseminate 

the information to the affected households not later 

than 24 hours after the end of the consultation 

period. 

‘‘(II) DELEGATION.—The Administrator may 

only delegate the duty to consult under subclause 

(I) to an employee of the Agency who, as of the 

date of the delegation, works in the Office of Water 

at the headquarters of the Agency. 

‘‘(iv) DISSEMINATION BY ADMINISTRATOR.—The 

Administrator shall, as soon as practicable, disseminate to affected households the information described 

in subparagraph (C) if— 


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130 STAT. 1726 PUBLIC LAW 114–322—DEC. 16, 2016 

‘‘(I) the owner or operator of the public water 

system does not disseminate the information to 

the affected households within the time period 

determined by the Administrator, as required by 

clause (ii); and 

‘‘(II)(aa) the Administrator and the applicable 

Governor do not agree on a plan described in clause 

(iii)(I) during the consultation period under that 

clause; or 

‘‘(bb) the applicable Governor does not disseminate the information within 24 hours after the 

end of the consultation period. 

‘‘(C) INFORMATION REQUIRED.—The information 

described in this subparagraph includes— 

‘‘(i) a clear explanation of the potential adverse 

effects on human health of drinking water that contains a concentration of lead that exceeds the lead 

action level under section 141.80(c) of title 40, Code 

of Federal Regulations (or a prescribed level of lead 

that the Administrator establishes for public education 

or notification in a successor regulation promulgated 

pursuant to section 1412); 

‘‘(ii) the steps that the owner or operator of the 

public water system is taking to mitigate the concentration of lead; and 

‘‘(iii) the necessity of seeking alternative water 

supplies until the date on which the concentration 

of lead is mitigated. 

‘‘(6) PRIVACY.—Any notice to the public or an affected 

household under this subsection shall protect the privacy of 

individual customer information.’’. 

(b) PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.— 

Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g– 

6) is amended by adding at the end the following: 

‘‘(f) PUBLIC EDUCATION.— 

‘‘(1) IN GENERAL.—The Administrator shall make information available to the public regarding lead in drinking water, 

including information regarding— 

‘‘(A) risks associated with lead in drinking water; 

‘‘(B) the conditions that contribute to drinking water 

containing lead in a residence; 

‘‘(C) steps that States, public water systems, and consumers can take to reduce the risks of lead in drinking 

water; and 

‘‘(D) the availability of additional resources that consumers can use to minimize lead exposure, including 

information on sampling for lead in drinking water. 

‘‘(2) VULNERABLE POPULATIONS.—In making information 

available to the public under this subsection, the Administrator 

shall, subject to the availability of appropriations, carry out 

targeted outreach strategies that focus on educating groups 

within the general population that may be at greater risk 

than the general population of adverse health effects from 

exposure to lead in drinking water.’’. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1727 

SEC. 2107. LEAD TESTING IN SCHOOL AND CHILD CARE PROGRAM 

DRINKING WATER. 

(a) IN GENERAL.—Section 1464 of the Safe Drinking Water 

Act (42 U.S.C. 300j–24) is amended by striking subsection (d) and 

inserting the following: 

‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD

TESTING GRANT PROGRAM.— ‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) CHILD CARE PROGRAM.—The term ‘child care program’ has the meaning given the term ‘early childhood 

education program’ in section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 1003(8)). 

‘‘(B) LOCAL EDUCATIONAL AGENCY.—The term ‘local 

educational agency’ means— 

‘‘(i) a local educational agency (as defined in section 

8101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801)); 

‘‘(ii) a tribal education agency (as defined in section 

3 of the National Environmental Education Act (20 

U.S.C. 5502)); and 

‘‘(iii) a person that owns or operates a child care 

program facility. 

‘‘(2) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Water and Waste Act of 2016, 

the Administrator shall establish a voluntary school and 

child care program lead testing grant program to make 

grants available to States to assist local educational agencies in voluntary testing for lead contamination in drinking 

water at schools and child care programs under the jurisdiction of the local educational agencies. 

‘‘(B) DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.—The Administrator may make a grant for the voluntary testing described in subparagraph (A) directly available to— 

‘‘(i) any local educational agency described in 

clause (i) or (iii) of paragraph (1)(B) located in a State 

that does not participate in the voluntary grant program established under subparagraph (A); or 

‘‘(ii) any local educational agency described in 

clause (ii) of paragraph (1)(B). 

‘‘(3) APPLICATION.—To be eligible to receive a grant under 

this subsection, a State or local educational agency shall submit 

to the Administrator an application at such time, in such 

manner, and containing such information as the Administrator 

may require. 

‘‘(4) LIMITATION ON USE OF FUNDS.—Not more than 4 percent of grant funds accepted by a State or local educational 

agency for a fiscal year under this subsection shall be used 

to pay the administrative costs of carrying out this subsection. 

‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a condition of 

receiving a grant under this subsection, the recipient State 

or local educational agency shall ensure that each local educational agency to which grant funds are distributed shall— 

‘‘(A) expend grant funds in accordance with— 

‘‘(i) the guidance of the Environmental Protection 

Agency entitled ‘3Ts for Reducing Lead in Drinking 


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130 STAT. 1728 PUBLIC LAW 114–322—DEC. 16, 2016 

Water in Schools: Revised Technical Guidance’ and 

dated October 2006 (or any successor guidance); or 

‘‘(ii) applicable State regulations or guidance 

regarding reducing lead in drinking water in schools 

and child care programs that are not less stringent 

than the guidance referred to in clause (i); and 

‘‘(B)(i) make available, if applicable, in the administrative offices and, to the extent practicable, on the Internet 

website of the local educational agency for inspection by 

the public (including teachers, other school personnel, and 

parents) a copy of the results of any voluntary testing 

for lead contamination in school and child care program 

drinking water carried out using grant funds under this 

subsection; and 

‘‘(ii) notify parent, teacher, and employee organizations 

of the availability of the results described in clause (i). 

‘‘(6) MAINTENANCE OF EFFORT.—If resources are available 

to a State or local educational agency from any other Federal 

agency, a State, or a private foundation for testing for lead 

contamination in drinking water, the State or local educational 

agency shall demonstrate that the funds provided under this 

subsection will not displace those resources. 

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $20,000,000 

for each of fiscal years 2017 through 2021.’’. 

(b) REPEAL.—Section 1465 of the Safe Drinking Water Act 

(42 U.S.C. 300j–25) is repealed. 

SEC. 2108. WATER SUPPLY COST SAVINGS. 

(a) DRINKING WATER TECHNOLOGY CLEARINGHOUSE.—The 

Administrator, in consultation with the Secretary of Agriculture, 

shall— 

(1) develop a technology clearinghouse for information on 

the cost-effectiveness of innovative and alternative drinking 

water delivery systems, including wells and well systems; and 

(2) disseminate such information to the public and to 

communities and not-for-profit organizations seeking Federal 

funding for drinking water delivery systems serving 500 or 

fewer persons. 

(b) WATER SYSTEM ASSESSMENT.—In any application for a grant 

or loan for the purpose of construction, replacement, or rehabilitation of a drinking water delivery system serving 500 or fewer 

persons, the funding for which would come from the Federal Government (either directly or through a State), a unit of local government 

or not-for-profit organization shall self-certify that the unit of local 

government or organization has considered, as an alternative 

drinking water supply, drinking water delivery systems sourced 

by publicly owned— 

(1) individual wells; 

(2) shared wells; and 

(3) community wells. 

(c) REPORT TO CONGRESS.—Not later than 3 years after the 

date of enactment of this Act, the Comptroller General of the 

United States shall submit to Congress a report that describes— 

(1) the use of innovative and alternative drinking water 

delivery systems described in this section; 

42 USC 300j–3d. 


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(2) the range of cost savings for communities using innovative and alternative drinking water delivery systems described 

in this section; and 

(3) the use of drinking water technical assistance programs 

operated by the Administrator and the Secretary of Agriculture. 

SEC. 2109. INNOVATION IN THE PROVISION OF SAFE DRINKING WATER. 

(a) INNOVATIVE WATER TECHNOLOGIES.—Section 1442(a)(1) of 

the Safe Drinking Water Act (42 U.S.C. 300j–1(a)(1)) is amended— 

(1) in subparagraph (D), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) by striking the period at the end of subparagraph (E) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(F) innovative water technologies (including technologies 

to improve water treatment to ensure compliance with this 

title and technologies to identify and mitigate sources of 

drinking water contamination, including lead contamination).’’. 

(b) TECHNICAL ASSISTANCE.—Section 1442 of the Safe Drinking 

Water Act (42 U.S.C. 300j-1) is amended— 

(1) in the heading for subsection (e), by inserting ‘‘TO SMALL

PUBLIC WATER SYSTEMS’’ after ‘‘ASSISTANCE’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) TECHNICAL ASSISTANCE FOR INNOVATIVE WATER TECHNOLOGIES.— 

‘‘(1) The Administrator may provide technical assistance 

to public water systems to facilitate use of innovative water 

technologies. 

‘‘(2) There are authorized to be appropriated to the 

Administrator for use in providing technical assistance under 

paragraph (1) $10,000,000 for each of fiscal years 2017 through 

2021.’’. 

(c) REPORT.—Not later than 1 year after the date of enactment 

of the Water and Waste Act of 2016, and not less frequently than 

every 5 years thereafter, the Administrator shall report to Congress 

on— 

(1) the amount of funding used to provide technical assistance under section 1442(f) of the Safe Drinking Water Act 

to deploy innovative water technologies; 

(2) the barriers impacting greater use of innovative water 

technologies; and 

(3) the cost-saving potential to cities and future infrastructure investments from innovative water technologies. 

SEC. 2110. SMALL SYSTEM TECHNICAL ASSISTANCE. 

Section 1452(q) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(q)) is amended by striking ‘‘appropriated’’ and all that 

follows through ‘‘2003’’ and inserting ‘‘made available to carry out 

this section for each of fiscal years 2016 through 2021’’. 

SEC. 2111. DEFINITION OF INDIAN TRIBE. 

Section 1401(14) of the Safe Drinking Water Act (42 U.S.C. 

300(f)(14)) is amended by striking ‘‘section 1452’’ and inserting 

‘‘sections 1452, 1459A, and 1459B’’. 

SEC. 2112. TECHNICAL ASSISTANCE FOR TRIBAL WATER SYSTEMS. 

(a) TECHNICAL ASSISTANCE.—Section 1442(e)(7) of the Safe 

Drinking Water Act (42 U.S.C. 300j–1(e)(7)) is amended by striking 

42 USC 300j–1 

note. 


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‘‘Tribes’’ and inserting ‘‘Tribes, including grants to provide training 

and operator certification services under section 1452(i)(5)’’. 

(b) INDIAN TRIBES.—Section 1452(i) of the Safe Drinking Water 

Act (42 U.S.C. 300j–12(i)) is amended— 

(1) in paragraph (1)— 

(A) in the first sentence, by striking ‘‘Tribes and Alaska 

Native villages’’ and inserting ‘‘Tribes, Alaska Native villages, and, for the purpose of carrying out paragraph (5), 

intertribal consortia or tribal organizations,’’; and 

(B) in the second sentence, by striking ‘‘The grants’’ 

and inserting ‘‘Except as otherwise provided, the grants’’; 

and 

(2) by adding at the end the following: 

‘‘(5) TRAINING AND OPERATOR CERTIFICATION.— 

‘‘(A) IN GENERAL.—The Administrator may use funds 

made available under this subsection and section 1442(e)(7) 

to make grants to intertribal consortia or tribal organizations for the purpose of providing operations and maintenance training and operator certification services to Indian 

Tribes to enable public water systems that serve Indian 

Tribes to achieve and maintain compliance with applicable 

national primary drinking water regulations. 

‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.—Intertribal consortia or tribal organizations eligible for a grant under 

subparagraph (A) are intertribal consortia or tribal 

organizations that— 

‘‘(i) as determined by the Administrator, are the 

most qualified and experienced to provide training and 

technical assistance to Indian Tribes; and 

‘‘(ii) the Indian Tribes find to be the most beneficial 

and effective.’’. 

SEC. 2113. MATERIALS REQUIREMENT FOR CERTAIN FEDERALLY 

FUNDED PROJECTS. 

Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(a)) is amended by adding at the end the following: 

‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 

‘‘(A) IN GENERAL.—During fiscal year 2017, funds made 

available from a State loan fund established pursuant to 

this section may not be used for a project for the construction, alteration, or repair of a public water system unless 

all of the iron and steel products used in the project are 

produced in the United States. 

‘‘(B) DEFINITION OF IRON AND STEEL PRODUCTS.—In 

this paragraph, the term ‘iron and steel products’ means 

the following products made primarily of iron or steel: 

‘‘(i) Lined or unlined pipes and fittings. 

‘‘(ii) Manhole covers and other municipal castings. 

‘‘(iii) Hydrants. 

‘‘(iv) Tanks. 

‘‘(v) Flanges. 

‘‘(vi) Pipe clamps and restraints. 

‘‘(vii) Valves. 

‘‘(viii) Structural steel. 

‘‘(ix) Reinforced precast concrete. 

‘‘(x) Construction materials. 


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‘‘(C) APPLICATION.—Subparagraph (A) shall be waived 

in any case or category of cases in which the Administrator 

finds that— 

‘‘(i) applying subparagraph (A) would be inconsistent with the public interest; 

‘‘(ii) iron and steel products are not produced in 

the United States in sufficient and reasonably available 

quantities and of a satisfactory quality; or 

‘‘(iii) inclusion of iron and steel products produced 

in the United States will increase the cost of the overall 

project by more than 25 percent. 

‘‘(D) WAIVER.—If the Administrator receives a request 

for a waiver under this paragraph, the Administrator shall 

make available to the public, on an informal basis, a copy 

of the request and information available to the Administrator concerning the request, and shall allow for informal 

public input on the request for at least 15 days prior 

to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official 

public Internet site of the Agency. 

‘‘(E) INTERNATIONAL AGREEMENTS.—This paragraph 

shall be applied in a manner consistent with United States 

obligations under international agreements. 

‘‘(F) MANAGEMENT AND OVERSIGHT.—The Administrator may retain up to 0.25 percent of the funds appropriated for this section for management and oversight of 

the requirements of this paragraph. 

‘‘(G) EFFECTIVE DATE.—This paragraph does not apply 

with respect to a project if a State agency approves the 

engineering plans and specifications for the project, in that 

agency’s capacity to approve such plans and specifications 

prior to a project requesting bids, prior to the date of 

enactment of this paragraph.’’. 

Subtitle B—Drinking Water Disaster Relief 

and Infrastructure Investments 

SEC. 2201. DRINKING WATER INFRASTRUCTURE. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a 

State for which the President has declared an emergency under 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) relating to the public health 

threats associated with the presence of lead or other contaminants in drinking water provided by a public water system. 

(2) ELIGIBLE SYSTEM.—The term ‘‘eligible system’’ means 

a public water system that has been the subject of an emergency 

declaration referred to in paragraph (1). 

(3) LEAD SERVICE LINE.—The term ‘‘lead service line’’ means 

a pipe and its fittings, which are not lead free (as defined 

under section 1417 of the Safe Drinking Water Act (42 U.S.C. 

300g–6)), that connect the drinking water main to the building 

inlet. 

42 USC 300j–12 

note. 


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(4) PUBLIC WATER SYSTEM.—The term ‘‘public water system’’ 

has the meaning given such term in section 1401(4) of the 

Safe Drinking Water Act (42 U.S.C. 300f(4)). 

(b) STATE REVOLVING LOAN FUND ASSISTANCE.— (1) IN GENERAL.—An eligible system shall be— 

(A) considered to be a disadvantaged community under 

section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(d)); and 

(B) eligible to receive loans with additional subsidization under section 1452(d)(1) of that Act (42 U.S.C. 300j– 

12(d)(1)), including forgiveness of principal under that section. 

(2) AUTHORIZATION.— (A) IN GENERAL.—Using funds provided pursuant to 

subsection (d), an eligible State may provide assistance 

to an eligible system within the eligible State for the purpose of addressing lead or other contaminants in drinking 

water, including repair and replacement of lead service 

lines and public water system infrastructure. 

(B) INCLUSION.—Assistance provided under subparagraph (A) may include additional subsidization under section 1452(d)(1) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(d)(1)), as described in paragraph (1)(B). 

(C) EXCLUSION.—Assistance provided under subparagraph (A) shall not include assistance for a project that 

is financed (directly or indirectly), in whole or in part, 

with proceeds of any obligation issued after the date of 

enactment of this Act— 

(i) the interest of which is exempt from the tax 

imposed under chapter 1 of the Internal Revenue Code 

of 1986; or 

(ii) with respect to which credit is allowable under 

subpart I or J of part IV of subchapter A of chapter 

1 of such Code. 

(3) INAPPLICABILITY OF LIMITATION.—Section 1452(d)(2) of 

the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(2)) shall 

not apply to— 

(A) any funds provided pursuant to subsection (d) of 

this section; 

(B) any other assistance provided to an eligible system; 

or 

(C) any funds required to match the funds provided 

under subsection (d). 

(c) NONDUPLICATION OF WORK.—An activity carried out pursuant to this section shall not duplicate the work or activity of 

any other Federal or State department or agency. 

(d) ADDITIONAL DRINKING WATER STATE REVOLVING FUND

CAPITALIZATION GRANTS.— 

(1) IN GENERAL.—There is authorized to be appropriated 

to the Administrator a total of $100,000,000 to provide additional capitalization grants to eligible States pursuant to section 

1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), 

to be available for a period of 18 months beginning on the 

date on which the funds are made available, for the purposes 

described in subsection (b)(2), and after the end of the 18- 

month period, until expended for the purposes described in 

paragraph (3). 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1733 

(2) SUPPLEMENTED INTENDED USE PLANS.—From funds 

made available under paragraph (1), the Administrator shall 

obligate to an eligible State such amounts as are necessary 

to meet the needs identified in a supplemented intended use 

plan for the purposes described in subsection (b)(2) by not 

later than 30 days after the date on which the eligible State 

submits to the Administrator a supplemented intended use 

plan under section 1452(b) of the Safe Drinking Water Act 

(42 U.S.C. 300j–12(b)) that includes preapplication information 

regarding projects to be funded using the additional assistance, 

including, with respect to each such project— 

(A) a description of the project; 

(B) an explanation of the means by which the project 

will address a situation causing a declared emergency in 

the eligible State; 

(C) the estimated cost of the project; and 

(D) the projected start date for construction of the 

project. 

(3) UNOBLIGATED AMOUNTS.—Any amounts made available 

to the Administrator under paragraph (1) that are unobligated 

on the date that is 18 months after the date on which the 

amounts are made available shall be available to provide additional grants to States to capitalize State loan funds as provided 

under section 1452 of the Safe Drinking Water Act (42 U.S.C. 

300j–12). 

(4) APPLICABILITY.— 

(A) Section 1452(b)(1) of the Safe Drinking Water Act 

(42 U.S.C. 300j–12(b)(1)) shall not apply to a supplement 

to an intended use plan under paragraph (2). 

(B) Unless explicitly waived, all requirements under 

the Safe Drinking Water Act (42 U.S.C. 300f et seq.) shall 

apply to funding provided under this subsection. 

(e) HEALTH EFFECTS EVALUATION.— 

(1) IN GENERAL.—Pursuant to section 104(i)(1)(E) of the 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9604(i)(1)(E)), and on receipt 

of a request of an appropriate State or local health official 

of an eligible State, the Director of the Agency for Toxic Substances and Disease Registry of the National Center for 

Environmental Health shall in coordination with other agencies, as appropriate, conduct voluntary surveillance activities 

to evaluate any adverse health effects on individuals exposed 

to lead from drinking water in the affected communities. 

(2) CONSULTATIONS.—Pursuant to section 104(i)(4) of the 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9604(i)(4)), and on receipt 

of a request of an appropriate State or local health official 

of an eligible State, the Director of the Agency for Toxic Substances and Disease Registry of the National Center for 

Environmental Health shall provide consultations regarding 

health issues described in paragraph (1). 

(f) NO EFFECT ON OTHER PROJECTS.—This section shall not 

affect the application of any provision of the Water Infrastructure 

Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or 

the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to any project 

that does not receive assistance pursuant to this subtitle. 


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130 STAT. 1734 PUBLIC LAW 114–322—DEC. 16, 2016 

SEC. 2202. SENSE OF CONGRESS. 

It is the sense of Congress that secured loans under the Water 

Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 

et seq.) shall be— 

(1) initially appropriated at $20,000,000; and 

(2) used for eligible projects, including those to address 

lead and other contaminants in drinking water systems. 

SEC. 2203. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE. 

(a) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means a city exposed to lead 

contamination in the local drinking water system. 

(2) COMMITTEE.—The term ‘‘Committee’’ means the 

Advisory Committee established under subsection (c). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

(b) LEAD EXPOSURE REGISTRY.—The Secretary shall establish 

within the Agency for Toxic Substances and Disease Registry or 

the Centers for Disease Control and Prevention at the discretion 

of the Secretary, or establish through a grant award or contract, 

a lead exposure registry to collect data on the lead exposure of 

residents of a City on a voluntary basis. 

(c) ADVISORY COMMITTEE.— 

(1) MEMBERSHIP.— 

(A) IN GENERAL.—The Secretary shall establish, within 

the Agency for Toxic Substances and Disease Registry an 

Advisory Committee in coordination with the Director of 

the Centers for Disease Control and Prevention and other 

relevant agencies as determined by the Secretary consisting 

of Federal members and non-Federal members, and which 

shall include— 

(i) an epidemiologist; 

(ii) a toxicologist; 

(iii) a mental health professional; 

(iv) a pediatrician; 

(v) an early childhood education expert; 

(vi) a special education expert; 

(vii) a dietician; and 

(viii) an environmental health expert. 

(B) REQUIREMENTS.—Membership in the Committee 

shall not exceed 15 members and not less than 1⁄2 of the 

members shall be Federal members. 

(2) CHAIR.—The Secretary shall designate a chair from 

among the Federal members appointed to the Committee. 

(3) TERMS.—Members of the Committee shall serve for 

a term of not more than 3 years and the Secretary may 

reappoint members for consecutive terms. 

(4) APPLICATION OF FACA.—The Committee shall be subject 

to the Federal Advisory Committee Act (5 U.S.C. App.). 

(5) RESPONSIBILITIES.—The Committee shall, at a minimum— 

(A) review the Federal programs and services available 

to individuals and communities exposed to lead; 

(B) review current research on lead poisoning to identify additional research needs; 

42 USC 300j–21. 


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(C) review and identify best practices, or the need 

for best practices, regarding lead screening and the prevention of lead poisoning; 

(D) identify effective services, including services 

relating to healthcare, education, and nutrition for individuals and communities affected by lead exposure and lead 

poisoning, including in consultation with, as appropriate, 

the lead exposure registry as established in subsection 

(b); and 

(E) undertake any other review or activities that the 

Secretary determines to be appropriate. 

(6) REPORT.—Annually for 5 years and thereafter as determined necessary by the Secretary or as required by Congress, 

the Committee shall submit to the Secretary, the Committees 

on Finance, Health, Education, Labor, and Pensions, and Agriculture, Nutrition, and Forestry of the Senate and the Committees on Education and the Workforce, Energy and Commerce, 

and Agriculture of the House of Representatives a report that 

includes— 

(A) an evaluation of the effectiveness of the Federal 

programs and services available to individuals and communities exposed to lead; 

(B) an evaluation of additional lead poisoning research 

needs; 

(C) an assessment of any effective screening methods 

or best practices used or developed to prevent or screen 

for lead poisoning; 

(D) input and recommendations for improved access 

to effective services relating to health care, education, or 

nutrition for individuals and communities impacted by lead 

exposure; and 

(E) any other recommendations for communities 

affected by lead exposure, as appropriate. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for the period of fiscal years 2017 through 

2021— 

(1) $17,500,000 to carry out subsection (b); and 

(2) $2,500,000 to carry out subsection (c). 

SEC. 2204. OTHER LEAD PROGRAMS. 

(a) CHILDHOOD LEAD POISONING PREVENTION PROGRAM.—In 

addition to amounts made available through the Prevention and 

Public Health Fund established under section 4002 of Public Law 

111–148 (42 U.S.C. 300u-11) to carry out section 317A of the Public 

Health Service Act (42 U.S.C. 247b-1), there are authorized to 

be appropriated for the period of fiscal years 2017 and 2018, 

$15,000,000 for carrying out such section 317A. 

(b) HEALTHY START PROGRAM.—There are authorized to be 

appropriated for the period of fiscal years 2017 and 2018 

$15,000,000 to carry out the Healthy Start Initiative under section 

330H of the Public Health Service Act (42 U.S.C. 254c–8). 


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130 STAT. 1736 PUBLIC LAW 114–322—DEC. 16, 2016 

Subtitle C—Control of Coal Combustion 

Residuals 

SEC. 2301. APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL 

COMBUSTION RESIDUALS. 

Section 4005 of the Solid Waste Disposal Act (42 U.S.C. 6945) 

is amended by adding at the end the following: 

‘‘(d) STATE PROGRAMS FOR CONTROL OF COAL COMBUSTION

RESIDUALS.— 

‘‘(1) APPROVAL BY ADMINISTRATOR.— 

‘‘(A) IN GENERAL.—Each State may submit to the 

Administrator, in such form as the Administrator may 

establish, evidence of a permit program or other system 

of prior approval and conditions under State law for regulation by the State of coal combustion residuals units that 

are located in the State that, after approval by the Administrator, will operate in lieu of regulation of coal combustion 

residuals units in the State by— 

‘‘(i) application of part 257 of title 40, Code of 

Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); 

or 

‘‘(ii) implementation by the Administrator of a 

permit program under paragraph (2)(B). 

‘‘(B) REQUIREMENT.—Not later than 180 days after the 

date on which a State submits the evidence described in 

subparagraph (A), the Administrator, after public notice 

and an opportunity for public comment, shall approve, in 

whole or in part, a permit program or other system of 

prior approval and conditions submitted under subparagraph (A) if the Administrator determines that the program 

or other system requires each coal combustion residuals 

unit located in the State to achieve compliance with— 

‘‘(i) the applicable criteria for coal combustion 

residuals units under part 257 of title 40, Code of 

Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); 

or 

‘‘(ii) such other State criteria that the Administrator, after consultation with the State, determines 

to be at least as protective as the criteria described 

in clause (i). 

‘‘(C) PERMIT REQUIREMENTS.—The Administrator shall 

approve under subparagraph (B)(ii) a State permit program 

or other system of prior approval and conditions that allows 

a State to include technical standards for individual permits or conditions of approval that differ from the criteria 

under part 257 of title 40, Code of Federal Regulations 

(or successor regulations promulgated pursuant to sections 

1008(a)(3) and 4004(a)) if, based on site-specific conditions, 

the Administrator determines that the technical standards 

established pursuant to a State permit program or other 

system are at least as protective as the criteria under 

that part. 

‘‘(D) PROGRAM REVIEW AND NOTIFICATION.— 


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‘‘(i) PROGRAM REVIEW.—The Administrator shall 

review a State permit program or other system of 

prior approval and conditions that is approved under 

subparagraph (B)— 

‘‘(I) from time to time, as the Administrator 

determines necessary, but not less frequently than 

once every 12 years; 

‘‘(II) not later than 3 years after the date 

on which the Administrator revises the applicable 

criteria for coal combustion residuals units under 

part 257 of title 40, Code of Federal Regulations 

(or successor regulations promulgated pursuant to 

sections 1008(a)(3) and 4004(a)); 

‘‘(III) not later than 1 year after the date of 

a significant release (as defined by the Administrator), that was not authorized at the time the 

release occurred, from a coal combustion residuals 

unit located in the State; and 

‘‘(IV) on request of any other State that asserts 

that the soil, groundwater, or surface water of 

the State is or is likely to be adversely affected 

by a release or potential release from a coal 

combustion residuals unit located in the State for 

which the program or other system was approved. 

‘‘(ii) NOTIFICATION AND OPPORTUNITY FOR A PUBLIC

HEARING.—The Administrator shall provide to a State 

notice of deficiencies with respect to the permit program or other system of prior approval and conditions 

of the State that is approved under subparagraph (B), 

and an opportunity for a public hearing, if the Administrator determines that— 

‘‘(I) a revision or correction to the permit program or other system of prior approval and conditions of the State is necessary to ensure that the 

permit program or other system of prior approval 

and conditions continues to ensure that each coal 

combustion residuals unit located in the State 

achieves compliance with the criteria described in 

clauses (i) and (ii) of subparagraph (B); 

‘‘(II) the State has not implemented an adequate permit program or other system of prior 

approval and conditions that requires each coal 

combustion residuals unit located in the State to 

achieve compliance with the criteria described in 

subparagraph (B); or 

‘‘(III) the State has, at any time, approved 

or failed to revoke a permit for a coal combustion 

residuals unit, a release from which adversely 

affects or is likely to adversely affect the soil, 

groundwater, or surface water of another State. 

‘‘(E) WITHDRAWAL.— ‘‘(i) IN GENERAL.—The Administrator shall withdraw approval of a State permit program or other 

system of prior approval and conditions if, after the 

Administrator provides notice and an opportunity for 

a public hearing to the relevant State under subparagraph (D)(ii), the Administrator determines that the 


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130 STAT. 1738 PUBLIC LAW 114–322—DEC. 16, 2016 

State has not corrected the deficiencies identified by 

the Administrator under subparagraph (D)(ii). 

‘‘(ii) REINSTATEMENT OF STATE APPROVAL.—Any 

withdrawal of approval under clause (i) shall cease 

to be effective on the date on which the Administrator 

makes a determination that the State has corrected 

the deficiencies identified by the Administrator under 

subparagraph (D)(ii). 

‘‘(2) NONPARTICIPATING STATES.— 

‘‘(A) DEFINITION OF NONPARTICIPATING STATE.—In this 

paragraph, the term ‘nonparticipating State’ means a 

State— 

‘‘(i) for which the Administrator has not approved 

a State permit program or other system of prior 

approval and conditions under paragraph (1)(B); 

‘‘(ii) the Governor of which has not submitted to 

the Administrator for approval evidence to operate a 

State permit program or other system of prior approval 

and conditions under paragraph (1)(A); 

‘‘(iii) the Governor of which provides notice to the 

Administrator that, not fewer than 90 days after the 

date on which the Governor provides the notice to 

the Administrator, the State will relinquish an 

approval under paragraph (1)(B) to operate a permit 

program or other system of prior approval and conditions; or 

‘‘(iv) for which the Administrator has withdrawn 

approval for a permit program or other system of prior 

approval and conditions under paragraph (1)(E). 

‘‘(B) IMPLEMENTATION OF PERMIT PROGRAM.—In the 

case of a nonparticipating State and subject to the availability of appropriations specifically provided in an appropriations Act to carry out a program in a nonparticipating 

State, the Administrator shall implement a permit program 

to require each coal combustion residuals unit located in 

the nonparticipating State to achieve compliance with 

applicable criteria established by the Administrator under 

part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 

1008(a)(3) and 4004(a)). 

‘‘(3) APPLICABILITY OF CRITERIA.—The applicable criteria 

for coal combustion residuals units under part 257 of title 

40, Code of Federal Regulations (or successor regulations 

promulgated pursuant to sections 1008(a)(3) and 4004(a)), shall 

apply to each coal combustion residuals unit in a State unless— 

‘‘(A) a permit under a State permit program or other 

system of prior approval and conditions approved by the 

Administrator under paragraph (1)(B) is in effect for the 

coal combustion residuals unit; or 

‘‘(B) a permit issued by the Administrator in a State 

in which the Administrator is implementing a permit program under paragraph (2)(B) is in effect for the coal 

combustion residuals unit. 

‘‘(4) PROHIBITION ON OPEN DUMPING.— 

‘‘(A) IN GENERAL.—The Administrator may use the 

authority provided by sections 3007 and 3008 to enforce 


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the prohibition on open dumping under subsection (a) with 

respect to a coal combustion residuals unit— 

‘‘(i) in a nonparticipating State (as defined in paragraph (2)); and 

‘‘(ii) located in a State that is approved to operate 

a permit program or other system of prior approval 

and conditions under paragraph (1)(B), in accordance 

with subparagraph (B) of this paragraph. 

‘‘(B) FEDERAL ENFORCEMENT IN AN APPROVED STATE.— ‘‘(i) IN GENERAL.—In the case of a coal combustion 

residuals unit located in a State that is approved to 

operate a permit program or other system of prior 

approval and conditions under paragraph (1)(B), the 

Administrator may commence an administrative or 

judicial enforcement action under section 3008 if— 

‘‘(I) the State requests that the Administrator 

provide assistance in the performance of an 

enforcement action; or 

‘‘(II) after consideration of any other administrative or judicial enforcement action involving the 

coal combustion residuals unit, the Administrator 

determines that an enforcement action is likely 

to be necessary to ensure that the coal combustion 

residuals unit is operating in accordance with the 

criteria established under the permit program or 

other system of prior approval and conditions. 

‘‘(ii) NOTIFICATION.—In the case of an enforcement 

action by the Administrator under clause (i)(II), before 

issuing an order or commencing a civil action, the 

Administrator shall notify the State in which the coal 

combustion residuals unit is located. 

‘‘(iii) ANNUAL REPORT TO CONGRESS.— 

‘‘(I) IN GENERAL.—Subject to subclause (II), 

not later than December 31, 2017, and December 

31 of each year thereafter, the Administrator shall 

submit to the Committee on Environment and 

Public Works of the Senate and the Committee 

on Energy and Commerce of the House of Representatives a report that describes any enforcement action commenced under clause (i), including 

a description of the basis for the enforcement 

action. 

‘‘(II) APPLICABILITY.—Subclause (I) shall not 

apply for any calendar year during which the 

Administrator does not commence an enforcement 

action under clause (i). 

‘‘(5) INDIAN COUNTRY.—The Administrator shall establish 

and carry out a permit program, in accordance with this subsection, for coal combustion residuals units in Indian country 

(as defined in section 1151 of title 18, United States Code) 

to require each coal combustion residuals unit located in Indian 

country to achieve compliance with the applicable criteria established by the Administrator under part 257 of title 40, Code 

of Federal Regulations (or successor regulations promulgated 

pursuant to sections 1008(a)(3) and 4004(a)). 

‘‘(6) TREATMENT OF COAL COMBUSTION RESIDUALS UNITS.— A coal combustion residuals unit shall be considered to be 


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130 STAT. 1740 PUBLIC LAW 114–322—DEC. 16, 2016 

a sanitary landfill for purposes of this Act, including subsection 

(a), only if the coal combustion residuals unit is operating 

in accordance with— 

‘‘(A) the requirements of a permit issued by— 

‘‘(i) the State in accordance with a program or 

system approved under paragraph (1)(B); or 

‘‘(ii) the Administrator pursuant to paragraph 

(2)(B) or paragraph (5); or 

‘‘(B) the applicable criteria for coal combustion 

residuals units under part 257 of title 40, Code of Federal 

Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)). 

‘‘(7) EFFECT OF SUBSECTION.—Nothing in this subsection 

affects any authority, regulatory determination, other law, or 

legal obligation in effect on the day before the date of enactment 

of the Water and Waste Act of 2016.’’. 

TITLE III—NATURAL RESOURCES 

Subtitle A—Indian Dam Safety 

SEC. 3101. 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.— 

25 USC 3805. 


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(A) ESTABLISHMENT.—There is established in the 

Treasury of the United States a fund, to be known as 

the ‘‘High-Hazard Indian Dam Safety Deferred Maintenance Fund’’, consisting of— 

(i) such amounts as are deposited in the Fund 

under subparagraph (B); and 

(ii) any interest earned on investment of amounts 

in the Fund under subparagraph (D). 

(B) DEPOSITS TO FUND.— 

(i) IN GENERAL.—For each of fiscal years 2017 

through 2023, the Secretary of the Treasury shall 

deposit in the Fund $22,750,000 from the general fund 

of the Treasury. 

(ii) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund under clause (i) shall be used, subject 

to appropriation, to carry out this section. 

(C) EXPENDITURES FROM FUND.— 

(i) IN GENERAL.—Subject to clause (ii), for each 

of fiscal years 2017 through 2023, the Secretary may, 

to the extent provided in advance in appropriations 

Acts, expend from the Fund, in accordance with this 

section, not more than the sum of— 

(I) $22,750,000; and 

(II) the amount of interest accrued in the 

Fund. 

(ii) ADDITIONAL EXPENDITURES.—The Secretary 

may expend more than $22,750,000 for any fiscal year 

referred to in clause (i) if the additional amounts are 

available in the Fund as a result of a failure of the 

Secretary to expend all of the amounts available under 

clause (i) in 1 or more prior fiscal years. 

(D) INVESTMENTS OF AMOUNTS.— 

(i) IN GENERAL.—The Secretary of the Treasury 

shall invest such portion of the Fund as is not, in 

the judgment of the Secretary, required to meet current 

withdrawals. 

(ii) CREDITS TO FUND.—The interest on, and the 

proceeds from the sale or redemption of, any obligations 

held in the Fund shall be credited to, and form a 

part of, the Fund. 

(E) TRANSFERS OF AMOUNTS.— 

(i) IN GENERAL.—The amounts required to be 

transferred to the Fund under this paragraph shall 

be transferred at least monthly. 

(ii) ADJUSTMENTS.—Proper adjustment shall be 

made in amounts subsequently transferred to the 

extent prior estimates are in excess of or less than 

the amounts required to be transferred. 

(F) TERMINATION.—On September 30, 2023— 

(i) the Fund shall terminate; and 

(ii) the unexpended and unobligated balance of 

the Fund shall be transferred to the general fund of 

the Treasury. 

(2) LOW-HAZARD FUND.— 

(A) ESTABLISHMENT.—There is established in the 

Treasury of the United States a fund, to be known as 


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the ‘‘Low-Hazard Indian Dam Safety Deferred Maintenance 

Fund’’, consisting of— 

(i) such amounts as are deposited in the Fund 

under subparagraph (B); and 

(ii) any interest earned on investment of amounts 

in the Fund under subparagraph (D). 

(B) DEPOSITS TO FUND.— (i) IN GENERAL.—For each of fiscal years 2017 

through 2023, the Secretary of the Treasury shall 

deposit in the Fund $10,000,000 from the general fund 

of the Treasury. 

(ii) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund under clause (i) shall be used, subject 

to appropriation, to carry out this section. 

(C) EXPENDITURES FROM FUND.— (i) IN GENERAL.—Subject to clause (ii), for each 

of fiscal years 2017 through 2023, the Secretary may, 

to the extent provided in advance in appropriations 

Acts, expend from the Fund, in accordance with this 

section, not more than the sum of— 

(I) $10,000,000; and 

(II) the amount of interest accrued in the 

Fund. 

(ii) ADDITIONAL EXPENDITURES.—The Secretary 

may expend more than $10,000,000 for any fiscal year 

referred to in clause (i) if the additional amounts are 

available in the Fund as a result of a failure of the 

Secretary to expend all of the amounts available under 

clause (i) in 1 or more prior fiscal years. 

(D) INVESTMENTS OF AMOUNTS.— 

(i) IN GENERAL.—The Secretary of the Treasury 

shall invest such portion of the Fund as is not, in 

the judgment of the Secretary, required to meet current 

withdrawals. 

(ii) CREDITS TO FUND.—The interest on, and the 

proceeds from the sale or redemption of, any obligations 

held in the Fund shall be credited to, and form a 

part of, the Fund. 

(E) TRANSFERS OF AMOUNTS.— 

(i) IN GENERAL.—The amounts required to be 

transferred to the Fund under this paragraph shall 

be transferred at least monthly. 

(ii) ADJUSTMENTS.—Proper adjustment shall be 

made in amounts subsequently transferred to the 

extent prior estimates are in excess of or less than 

the amounts required to be transferred. 

(F) TERMINATION.—On September 30, 2023— 

(i) the Fund shall terminate; and 

(ii) the unexpended and unobligated balance of 

the Fund shall be transferred to the general fund of 

the Treasury. 

(c) REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN

INDIAN DAMS.— 

(1) PROGRAM ESTABLISHMENT.— 

(A) IN GENERAL.—The Secretary shall establish a program to address the deferred maintenance needs of Indian 

dams that— 


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(i) create flood risks or other risks to public or 

employee safety or natural or cultural resources; and 

(ii) unduly impede the management and efficiency 

of Indian dams. 

(B) FUNDING.— 

(i) HIGH-HAZARD FUND.—Consistent with subsection (b)(1)(B), the Secretary shall use or transfer 

to the Bureau of Indian Affairs not less than 

$22,750,000 of amounts in the High-Hazard Indian 

Dam Safety Deferred Maintenance Fund, plus accrued 

interest, for each of fiscal years 2017 through 2023 

to carry out maintenance, repair, and replacement 

activities for 1 or more of the Indian dams described 

in paragraph (2)(A). 

(ii) LOW-HAZARD FUND.—Consistent with subsection (b)(2)(B), the Secretary shall use or transfer 

to the Bureau of Indian Affairs not less than 

$10,000,000 of amounts in the Low-Hazard Indian Dam 

Safety Deferred Maintenance Fund, plus accrued 

interest, for each of fiscal years 2017 through 2023 

to carry out maintenance, repair, and replacement 

activities for 1 or more of the Indian dams described 

in paragraph (2)(B). 

(C) COMPLIANCE WITH DAM SAFETY POLICIES.—Maintenance, repair, and replacement activities for Indian dams 

under this section shall be carried out in accordance with 

the dam safety policies of the Director of the Bureau of 

Indian Affairs established to carry out the Indian Dams 

Safety Act of 1994 (25 U.S.C. 3801 et seq.). 

(2) ELIGIBLE DAMS.— 

(A) HIGH HAZARD POTENTIAL DAMS.—The dams eligible 

for funding under paragraph (1)(B)(i) are Indian high 

hazard potential dams in the United States that— 

(i) are included in the safety of dams program 

established pursuant to the Indian Dams Safety Act 

of 1994 (25 U.S.C. 3801 et seq.); and 

(iii)(I)(aa) are owned by the Federal Government, 

as listed in the Federal inventory required by Executive 

Order 13327 (40 U.S.C. 121 note; relating to Federal 

real property asset management); and 

(bb) are managed by the Bureau of Indian Affairs 

(including dams managed under contracts or compacts 

pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or 

(II) have deferred maintenance documented by the 

Bureau of Indian Affairs. 

(B) LOW HAZARD POTENTIAL DAMS.—The dams eligible 

for funding under paragraph (1)(B)(ii) are Indian low 

hazard potential dams in the United States that, on the 

date of enactment of this Act— 

(i) are covered under the Indian Dams Safety Act 

of 1994 (25 U.S.C. 3801 et seq.); and 

(ii)(I)(aa) are owned by the Federal Government, 

as listed in the Federal inventory required by Executive 

Order 13327 (40 U.S.C. 121 note; relating to Federal 

real property asset management); and 


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(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-togovernment 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; 


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(vi) the need to comply with the dam safety policies 

of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 

1994 (25 U.S.C. 3801 et seq.); 

(vii) the ability of the water storage capacity of 

an Indian dam to be increased to prevent flooding 

in downstream tribal and nontribal communities; and 

(viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds that are, to the fullest extent practicable, 

consistent with tribal and user recommendations 

received pursuant to the consultation and input process 

under paragraph (4). 

(4) TRIBAL CONSULTATION AND USER INPUT.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), before expending funds on an Indian dam pursuant 

to paragraph (1) and not later than 60 days after the 

date of enactment of this Act, the Secretary shall— 

(i) consult with the Director of the Bureau of 

Indian Affairs on the expenditure of funds; 

(ii) ensure that the Director of the Bureau of 

Indian Affairs advises the Indian tribe that has jurisdiction over the land on which a dam eligible to receive 

funding under paragraph (2) is located on the expenditure of funds; and 

(iii) solicit and consider the input, comments, and 

recommendations of the landowners served by the 

Indian dam. 

(B) EMERGENCIES.—If the Secretary determines that 

an emergency circumstance exists with respect to an Indian 

dam, subparagraph (A) shall not apply with respect to 

that Indian dam. 

(5) ALLOCATION AMONG DAMS.— 

(A) IN GENERAL.—Subject to subparagraph (B), to the 

maximum extent practicable, the Secretary shall ensure 

that, for each of fiscal years 2017 through 2023, each 

Indian dam eligible for funding under paragraph (2) that 

has critical maintenance needs receives part of the funding 

under paragraph (1) to address critical maintenance needs. 

(B) PRIORITY.—In allocating amounts under paragraph 

(1)(B), in addition to considering the funding priorities 

described in paragraph (3), the Secretary shall give priority 

to Indian dams eligible for funding under paragraph (2) 

that serve— 

(i) more than 1 Indian tribe within an Indian 

reservation; or 

(ii) highly populated Indian communities, as determined by the Secretary. 

(C) CAP ON FUNDING.— 

(i) IN GENERAL.—Subject to clause (ii), in allocating 

amounts under paragraph (1)(B), the Secretary shall 

allocate not more than $10,000,000 to any individual 

dam described in paragraph (2) during any consecutive 

3-year period. 

(ii) EXCEPTION.—Notwithstanding the cap 

described in clause (i), if the full amount under paragraph (1)(B) cannot be fully allocated to eligible Indian 


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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. 


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(C) PERIOD OF APPOINTMENT.—Members shall be 

appointed for the life of the Committee. 

(D) VACANCIES.—Any vacancy in the Committee shall 

not affect the powers of the Committee, but shall be filled 

in the same manner as the original appointment. 

(E) INITIAL MEETING.—Not later than 30 days after 

the date on which all members of the Committee have 

been appointed, the Committee shall hold the first meeting. 

(F) MEETINGS.—The Committee shall meet at the call 

of the Chairperson. 

(G) QUORUM.—A majority of the members of the Committee shall constitute a quorum, but a lesser number 

of members may hold hearings. 

(H) CHAIRPERSON AND VICE CHAIRPERSON.—The Committee shall select a Chairperson and Vice Chairperson 

from among the members. 

(2) DUTIES OF THE COMMITTEE.— 

(A) STUDY.—The Committee shall conduct a thorough 

study of all matters relating to the modernization of the 

Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.). 

(B) RECOMMENDATIONS.—The Committee shall develop 

recommendations for legislation to improve the Indian 

Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.). 

(C) REPORT.—Not later than 1 year after the date 

on which the Committee holds the first meeting, the Committee shall submit a report containing a detailed statement of the findings and conclusions of the Committee, 

together with recommendations for legislation that the 

Committee considers appropriate, to— 

(i) the Committee on Indian Affairs of the Senate; 

and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(3) POWERS OF THE COMMITTEE.— 

(A) HEARINGS.—The Committee may hold such 

hearings, sit and act at such times and places, take such 

testimony, and receive such evidence as the Committee 

considers appropriate to carry out this paragraph. 

(B) INFORMATION FROM FEDERAL AGENCIES.— 

(i) IN GENERAL.—The Committee may secure 

directly from any Federal department or agency such 

information as the Committee considers necessary to 

carry out this paragraph. 

(ii) REQUEST.—On request of the Chairperson of 

the Committee, the head of any Federal department 

or agency shall furnish information described in clause 

(i) to the Committee. 

(C) POSTAL SERVICES.—The Committee may use the 

United States mails in the same manner and under the 

same conditions as other departments and agencies of the 

Federal Government. 

(D) GIFTS.—The Committee may accept, use, and dispose of gifts or donations of services or property. 

(4) COMMITTEE PERSONNEL MATTERS.— 

(A) COMPENSATION OF MEMBERS.— (i) NON-FEDERAL MEMBERS.—Each member of the 

Committee who is not an officer or employee of the 


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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. 


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(e) INDIAN DAM SURVEYS.— (1) TRIBAL REPORTS.—The Secretary shall request that, 

not less frequently than once every 180 days, each Indian 

tribe submit to the Secretary a report providing an inventory 

of the dams located on the land of the Indian tribe. 

(2) BIA REPORTS.—Not less frequently than once each year, 

the Secretary shall submit to Congress a report describing 

the condition of each dam under the partial or total jurisdiction 

of the Secretary. 

(f) FLOOD PLAIN MANAGEMENT PILOT PROGRAM.— (1) ESTABLISHMENT.—The Secretary shall establish, within 

the Bureau of Indian Affairs, a flood plain management pilot 

program (referred to in this subsection as the ‘‘program’’) to 

provide, at the request of an Indian tribe, guidance to the 

Indian tribe relating to best practices for the mitigation and 

prevention of floods, including consultation with the Indian 

tribe on— 

(A) flood plain mapping; or 

(B) new construction planning. 

(2) TERMINATION.—The program shall terminate on the 

date that is 4 years after the date of enactment of this Act. 

(3) FUNDING.—Of the amounts authorized to be expended 

from either Fund, $250,000 shall be made available from either 

Fund during each of fiscal years 2017, 2018, and 2019 to 

carry out this subsection, to remain available until expended. 

Subtitle B—Irrigation Rehabilitation and 

Renovation for Indian Tribal Governments and Their Economies 

SEC. 3201. DEFINITIONS. 

In this subtitle: 

(1) DEFERRED MAINTENANCE.—The term ‘‘deferred maintenance’’ means any maintenance activity that was delayed to 

a future date, in lieu of being carried out at the time at 

which the activity was scheduled to be, or otherwise should 

have been, carried out. 

(2) FUND.—The term ‘‘Fund’’ means the Indian Irrigation 

Fund established by section 3211. 

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

PART I—INDIAN IRRIGATION FUND 

SEC. 3211. ESTABLISHMENT. 

There is established in the Treasury of the United States a 

fund, to be known as the ‘‘Indian Irrigation Fund’’, consisting of— 

(1) such amounts as are deposited in the Fund under 

section 3212; and 

(2) any interest earned on investment of amounts in the 

Fund under section 3214. 


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SEC. 3212. DEPOSITS TO FUND. 

(a) IN GENERAL.—For each of fiscal years 2017 through 2021, 

the Secretary of the Treasury shall deposit in the Fund $35,000,000 

from the general fund of the Treasury. 

(b) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund 

under subsection (a) shall be used, subject to appropriation, to 

carry out this subtitle. 

SEC. 3213. EXPENDITURES FROM FUND. 

(a) IN GENERAL.—Subject to subsection (b), for each of fiscal 

years 2017 through 2021, the Secretary may, to the extent provided 

in advance in appropriations Acts, expend from the Fund, in accordance with this subtitle, not more than the sum of— 

(1) $35,000,000; and 

(2) the amount of interest accrued in the Fund. 

(b) ADDITIONAL EXPENDITURES.—The Secretary may expend 

more than $35,000,000 for any fiscal year referred to in subsection 

(a) if the additional amounts are available in the Fund as a result 

of a failure of the Secretary to expend all of the amounts available 

under subsection (a) in 1 or more prior fiscal years. 

SEC. 3214. INVESTMENTS OF AMOUNTS. 

(a) IN GENERAL.—The Secretary of the Treasury shall invest 

such portion of the Fund as is not, in the judgment of the Secretary, 

required to meet current withdrawals. 

(b) CREDITS TO FUND.—The interest on, and the proceeds from 

the sale or redemption of, any obligations held in the Fund shall 

be credited to, and form a part of, the Fund. 

SEC. 3215. TRANSFERS OF AMOUNTS. 

(a) IN GENERAL.—The amounts required to be transferred to 

the Fund under this part shall be transferred at least monthly 

from the general fund of the Treasury to the Fund on the basis 

of estimates made by the Secretary of the Treasury. 

(b) ADJUSTMENTS.—Proper adjustment shall be made in 

amounts subsequently transferred to the extent prior estimates 

are in excess of or less than the amounts required to be transferred. 

SEC. 3216. TERMINATION. 

On September 30, 2021— 

(1) the Fund shall terminate; and 

(2) the unexpended and unobligated balance of the Fund 

shall be transferred to the general fund of the Treasury. 

PART II—REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN IRRIGATION 

PROJECTS 

SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 

INDIAN IRRIGATION PROJECTS. 

(a) IN GENERAL.—The Secretary shall establish a program to 

address the deferred maintenance needs and water storage needs 

of Indian irrigation projects that— 

(1) create risks to public or employee safety or natural 

or cultural resources; and 

(2) unduly impede the management and efficiency of the 

Indian irrigation program. 


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(b) FUNDING.—Consistent with section 3213, the Secretary shall 

use or transfer to the Bureau of Indian Affairs not less than 

$35,000,000 of amounts in the Fund, plus accrued interest, for 

each of fiscal years 2017 through 2021 to carry out maintenance, 

repair, and replacement activities for 1 or more of the Indian 

irrigation projects described in section 3222 (including any structures, facilities, equipment, personnel, or vehicles used in connection 

with the operation of those projects), subject to the condition that 

the funds expended under this part shall not be— 

(1) subject to reimbursement by the owners of the land 

served by the Indian irrigation projects; or 

(2) assessed as debts or liens against the land served by 

the Indian irrigation projects. 

SEC. 3222. ELIGIBLE PROJECTS. 

The projects eligible for funding under section 3221(b) are the 

Indian irrigation projects in the western United States that, on 

the date of enactment of this Act— 

(1) are owned by the Federal Government, as listed in 

the Federal inventory required by Executive Order 13327 (40 

U.S.C. 121 note; relating to Federal real property asset management); 

(2) are managed and operated by the Bureau of Indian 

Affairs (including projects managed, operated, or maintained 

under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et 

seq.); and 

(3) have deferred maintenance documented by the Bureau 

of Indian Affairs. 

SEC. 3223. REQUIREMENTS AND CONDITIONS. 

Not later than 120 days after the date of enactment of this 

Act and as a precondition to amounts being expended from the 

Fund to carry out this part, the Secretary, in consultation with 

the Assistant Secretary for Indian Affairs and representatives of 

affected Indian tribes, shall develop and submit to Congress— 

(1) programmatic goals to carry out this part that— 

(A) would enable the completion of repairing, replacing, 

modernizing, or performing maintenance on projects as 

expeditiously as practicable; 

(B) facilitate or improve the ability of the Bureau of 

Indian Affairs to carry out the mission of the Bureau 

of Indian Affairs in operating a project; 

(C) ensure that the results of government-to-government consultation required under section 3225 be 

addressed; and 

(D) would facilitate the construction of new water storage using non-Federal contributions to address tribal, 

regional, and watershed-level supply needs; and 

(2) funding prioritization criteria to serve as a methodology 

for distributing funds under this part, that take into account— 

(A) the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee 

safety or health; 

(B) the extent to which deferred maintenance poses 

a threat to natural or cultural resources; 

(C) the extent to which deferred maintenance poses 

a threat to the ability of the Bureau of Indian Affairs 


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to carry out the mission of the Bureau of Indian Affairs 

in operating the project; 

(D) the extent to which repairing, replacing, modernizing, or performing maintenance on a facility or structure 

will— 

(i) improve public or employee safety, health, or 

accessibility; 

(ii) assist in compliance with codes, standards, 

laws, or other requirements; 

(iii) address unmet needs; and 

(iv) assist in protecting natural or cultural 

resources; 

(E) the methodology of the rehabilitation priority index 

of the Secretary, as in effect on the date of enactment 

of this Act; 

(F) the potential economic benefits of the expenditures 

on job creation and general economic development in the 

affected tribal communities; 

(G) the ability of the qualifying project to address 

tribal, regional, and watershed level water supply needs; 

and 

(H) such other factors as the Secretary determines 

to be appropriate to prioritize the use of available funds 

that are, to the fullest extent practicable, consistent with 

tribal and user recommendations received pursuant to the 

consultation and input process under section 3225. 

SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT 

MANAGEMENT. 

(a) TRIBAL CONSULTATION AND USER INPUT.—Before beginning 

to conduct the study required under subsection (b), the Secretary 

shall— 

(1) consult with the Indian tribes that have jurisdiction 

over the land on which an irrigation project eligible to receive 

funding under section 3222 is located; and 

(2) solicit and consider the input, comments, and recommendations of— 

(A) the landowners served by the irrigation project; 

and 

(B) irrigators from adjacent irrigation districts. 

(b) STUDY.—Not later than 2 years after the date of enactment 

of this Act, the Secretary, acting through the Assistant Secretary 

for Indian Affairs, shall complete a study that evaluates options 

for improving programmatic and project management and performance of irrigation projects managed and operated in whole or in 

part by the Bureau of Indian Affairs. 

(c) REPORT.—On completion of the study under subsection (b), 

the Secretary, acting through the Assistant Secretary for Indian 

Affairs, shall submit to the Committee on Indian Affairs of the 

Senate and the Committee on Natural Resources of the House 

of Representatives a report that— 

(1) describes the results of the study; 

(2) determines the cost to financially sustain each project; 

(3) recommends whether management of each project could 

be improved by transferring management responsibilities to 

other Federal agencies or water user groups; and 


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(4) includes recommendations for improving programmatic 

and project management and performance— 

(A) in each qualifying project area; and 

(B) for the program as a whole. 

(d) STATUS REPORT.—Not later than 2 years after the date 

of enactment of this Act, and not less frequently than every 2 

years thereafter (until the end of fiscal year 2021), the Secretary, 

acting through the Assistant Secretary for Indian Affairs, shall 

submit to the Committee on Indian Affairs of the Senate and 

the Committee on Natural Resources of the House of Representatives a report that includes a description of— 

(1) the progress made toward addressing the deferred 

maintenance needs of the Indian irrigation projects described 

in section 3222, including a list of projects funded during the 

fiscal period covered by the report; 

(2) the outstanding needs of those projects that have been 

provided funding to address the deferred maintenance needs 

pursuant to this part; 

(3) the remaining needs of any of those projects; 

(4) how the goals established pursuant to section 3223 

have been met, including— 

(A) an identification and assessment of any deficiencies 

or shortfalls in meeting those goals; and 

(B) a plan to address the deficiencies or shortfalls 

in meeting those goals; and 

(5) any other subject matters the Secretary, to the maximum extent practicable consistent with tribal and user recommendations received pursuant to the consultation and input 

process under section 3225, determines to be appropriate. 

SEC. 3225. TRIBAL CONSULTATION AND USER INPUT. 

Before expending funds on an Indian irrigation project pursuant 

to section 3221 and not later than 120 days after the date of 

enactment of this Act, the Secretary shall— 

(1) consult with the Indian tribe that has jurisdiction over 

the land on which an irrigation project eligible to receive 

funding under section 3222 is located; and 

(2) solicit and consider the input, comments, and recommendations of— 

(A) the landowners served by the irrigation project; 

and 

(B) irrigators from adjacent irrigation districts. 

SEC. 3226. ALLOCATION AMONG PROJECTS. 

(a) IN GENERAL.—Subject to subsection (b), to the maximum 

extent practicable, the Secretary shall ensure that, for each of 

fiscal years 2017 through 2021, each Indian irrigation project 

eligible for funding under section 3222 that has critical maintenance 

needs receives part of the funding under section 3221 to address 

critical maintenance needs. 

(b) PRIORITY.—In allocating amounts under section 3221(b), 

in addition to considering the funding priorities described in section 

3223, the Secretary shall give priority to eligible Indian irrigation 

projects serving more than 1 Indian tribe within an Indian reservation and to projects for which funding has not been made available 

during the 10-year period ending on the day before the date of 

enactment of this Act under any other Act of Congress that 


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expressly identifies the Indian irrigation project or the Indian reservation of the project to address the deferred maintenance, repair, 

or replacement needs of the Indian irrigation project. 

(c) CAP ON FUNDING.— 

(1) IN GENERAL.—Subject to paragraph (2), in allocating 

amounts under section 3221(b), the Secretary shall allocate 

not more than $15,000,000 to any individual Indian irrigation 

project described in section 3222 during any consecutive 3- 

year period. 

(2) EXCEPTION.—Notwithstanding the cap described in 

paragraph (1), if the full amount under section 3221(b) cannot 

be fully allocated to eligible Indian irrigation projects because 

the costs of the remaining activities authorized in section 

3221(b) of an irrigation project would exceed the cap described 

in paragraph (1), the Secretary may allocate the remaining 

funds to eligible Indian irrigation projects in accordance with 

this part. 

(d) BASIS OF FUNDING.—Any amounts made available under 

this section shall be nonreimbursable. 

(e) APPLICABILITY OF ISDEAA.—The Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply 

to activities carried out under this section. 

Subtitle C—Weber Basin Prepayments 

SEC. 3301. PREPAYMENT OF CERTAIN REPAYMENT OBLIGATIONS 

UNDER CONTRACTS BETWEEN THE UNITED STATES AND 

THE WEBER BASIN WATER CONSERVANCY DISTRICT. 

The Secretary of the Interior shall allow for prepayment of 

repayment obligations under Repayment Contract No. 14–06–400– 

33 between the United States and the Weber Basin Water Conservancy District, dated December 12, 1952, and supplemented and 

amended on June 30, 1961, on April 15, 1966, on September 20, 

1968, and on May 9, 1985, including future amendments and all 

related applicable contracts thereto, providing for repayment of 

Weber Basin Project construction costs allocated to irrigation and 

municipal and industrial purposes for which repayment is provided 

pursuant to such contracts under terms and conditions similar 

to those used in implementing the prepayment provisions in section 

210 of the Central Utah Project Completion Act (Public Law 102– 

575), as amended, for prepayment of Central Utah Project, Bonneville Unit repayment obligations. The prepayment— 

(1) shall result in the United States recovering the net 

present value of all repayment streams that would have been 

payable to the United States if this Act was not in effect; 

(2) may be provided in several installments; 

(3) may not be adjusted on the basis of the type of prepayment financing used by the District; and 

(4) shall be made such that total repayment is made not 

later than September 30, 2026. 


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Subtitle D—Pechanga Water Rights 

Settlement 

SEC. 3401. SHORT TITLE. 

This subtitle may be cited as the ‘‘Pechanga Band of Luisen ̃ o 

Mission Indians Water Rights Settlement Act’’. 

SEC. 3402. PURPOSES. 

The purposes of this subtitle are— 

(1) to achieve a fair, equitable, and final settlement of 

claims to water rights and certain claims for injuries to water 

rights in the Santa Margarita River Watershed for— 

(A) the Band; and 

(B) the United States, acting in its capacity as trustee 

for the Band and Allottees; 

(2) to achieve a fair, equitable, and final settlement of 

certain claims by the Band and Allottees against the United 

States; 

(3) to authorize, ratify, and confirm the Pechanga Settlement Agreement to be entered into by the Band, RCWD, and 

the United States; 

(4) to authorize and direct the Secretary— 

(A) to execute the Pechanga Settlement Agreement; 

and 

(B) to take any other action necessary to carry out 

the Pechanga Settlement Agreement in accordance with 

this subtitle; and 

(5) to authorize the appropriation of amounts necessary 

for the implementation of the Pechanga Settlement Agreement 

and this subtitle. 

SEC. 3403. DEFINITIONS. 

In this subtitle: 

(1) ADJUDICATION COURT.—The term ‘‘Adjudication Court’’ 

means the United States District Court for the Southern District of California, which exercises continuing jurisdiction over 

the Adjudication Proceeding. 

(2) ADJUDICATION PROCEEDING.—The term ‘‘Adjudication 

Proceeding’’ means litigation initiated by the United States 

regarding relative water rights in the Santa Margarita River 

Watershed in United States v. Fallbrook Public Utility District 

et al., Civ. No. 3:51–cv–01247 (S.D.C.A.), including any litigation initiated to interpret or enforce the relative water rights 

in the Santa Margarita River Watershed pursuant to the continuing jurisdiction of the Adjudication Court over the Fallbrook 

Decree. 

(3) ALLOTTEE.—The term ‘‘Allottee’’ means an individual 

who holds a beneficial real property interest in an Indian 

allotment that is— 

(A) located within the Reservation; and 

(B) held in trust by the United States. 

(4) BAND.—The term ‘‘Band’’ means Pechanga Band of 

Luisen ̃ o 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. 

Pechanga Band 

of Luisen ̃ o 

Mission Indians 

Water Rights 

Settlement Act. 


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(5) CLAIMS.—The term ‘‘claims’’ means rights, claims, 

demands, actions, compensation, or causes of action, whether 

known or unknown. 

(6) EMWD.—The term ‘‘EMWD’’ means Eastern Municipal 

Water District, a municipal water district organized and 

existing in accordance with the Municipal Water District Law 

of 1911, Division 20 of the Water Code of the State of California, 

as amended. 

(7) EMWD CONNECTION FEE.—The term ‘‘EMWD Connection Fee’’ has the meaning set forth in the Extension of Service 

Area Agreement. 

(8) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 

means the date on which the Secretary publishes in the Federal 

Register the statement of findings described in section 3407(e). 

(9) ESAA CAPACITY AGREEMENT.—The term ‘‘ESAA 

Capacity Agreement’’ means the ‘‘ESAA Capacity Agreement’’, 

among the Band, RCWD, and the United States. 

(10) ESAA WATER.—The term ‘‘ESAA Water’’ means 

imported potable water that the Band receives from EMWD 

and MWD pursuant to the Extension of Service Area Agreement 

and delivered by RCWD pursuant to the ESAA Water Delivery 

Agreement. 

(11) ESAA WATER DELIVERY AGREEMENT.—The term ‘‘ESAA 

Water Delivery Agreement’’ means the agreement among 

EMWD, RCWD, and the Band, establishing the terms and 

conditions of water service to the Band. 

(12) EXTENSION OF SERVICE AREA AGREEMENT.—The term 

‘‘Extension of Service Area Agreement’’ means the ‘‘Extension 

of Service Area Agreement’’, among the Band, EMWD, and 

MWD, for the provision of water service by EMWD to a designated portion of the Reservation using water supplied by 

MWD. 

(13) FALLBROOK DECREE.— 

(A) IN GENERAL.—The term ‘‘Fallbrook Decree’’ means 

the ‘‘Modified Final Judgment And Decree’’, entered in 

the Adjudication Proceeding on April 6, 1966. 

(B) INCLUSIONS.—The term ‘‘Fallbrook Decree’’ includes 

all court orders, interlocutory judgments, and decisions 

supplemental to the ‘‘Modified Final Judgment And 

Decree’’, including Interlocutory Judgment No. 30, Interlocutory Judgment No. 35, and Interlocutory Judgment 

No. 41. 

(14) FUND.—The term ‘‘Fund’’ means the Pechanga Settlement Fund established by section 3409. 

(15) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 

(16) INJURY TO WATER RIGHTS.—The term ‘‘injury to water 

rights’’ means an interference with, diminution of, or deprivation of water rights under Federal or State law. 

(17) INTERIM CAPACITY.—The term ‘‘Interim Capacity’’ has 

the meaning set forth in the ESAA Capacity Agreement. 

(18) INTERIM CAPACITY NOTICE.—The term ‘‘Interim 

Capacity Notice’’ has the meaning set forth in the ESAA 

Capacity Agreement. 

(19) INTERLOCUTORY JUDGMENT NO. 41.—The term ‘‘Interlocutory Judgment No. 41’’ means Interlocutory Judgment No. 


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41 issued in the Adjudication Proceeding on November 8, 1962, 

including all court orders, judgments, and decisions supplemental to that interlocutory judgment. 

(20) MWD.—The term ‘‘MWD’’ means the Metropolitan 

Water District of Southern California, a metropolitan water 

district organized and incorporated under the Metropolitan 

Water District Act of the State of California (Stats. 1969, 

Chapter 209, as amended). 

(21) MWD CONNECTION FEE.—The term ‘‘MWD Connection 

Fee’’ has the meaning set forth in the Extension of Service 

Area Agreement. 

(22) PECHANGA ESAA DELIVERY CAPACITY ACCOUNT.—The 

term ‘‘Pechanga ESAA Delivery Capacity account’’ means the 

account established by section 3409(c)(2). 

(23) PECHANGA RECYCLED WATER INFRASTRUCTURE

ACCOUNT.—The term ‘‘Pechanga Recycled Water Infrastructure 

account’’ means the account established by section 3409(c)(1). 

(24) PECHANGA SETTLEMENT AGREEMENT.—The term 

‘‘Pechanga Settlement Agreement’’ means the Pechanga Settlement Agreement, dated April 8, 2016, together with the exhibits 

to that agreement, entered into by the Band, the United States 

on behalf of the Band, its members and Allottees, MWD, 

EMWD, and RCWD, including— 

(A) the Extension of Service Area Agreement; 

(B) the ESAA Capacity Agreement; and 

(C) the ESAA Water Delivery Agreement. 

(25) PECHANGA WATER CODE.—The term ‘‘Pechanga Water 

Code’’ means a water code to be adopted by the Band in 

accordance with section 3405(f). 

(26) PECHANGA WATER FUND ACCOUNT.—The term 

‘‘Pechanga Water Fund account’’ means the account established 

by section 3409(c)(3). 

(27) PECHANGA WATER QUALITY ACCOUNT.—The term 

‘‘Pechanga Water Quality account’’ means the account established by section 3409(c)(4). 

(28) PERMANENT CAPACITY.—The term ‘‘Permanent 

Capacity’’ has the meaning set forth in the ESAA Capacity 

Agreement. 

(29) PERMANENT CAPACITY NOTICE.—The term ‘‘Permanent 

Capacity Notice’’ has the meaning set forth in the ESAA 

Capacity Agreement. 

(30) RCWD.— 

(A) IN GENERAL.—The term ‘‘RCWD’’ means the Rancho 

California Water District organized pursuant to section 

34000 et seq. of the California Water Code. 

(B) INCLUSIONS.—The term ‘‘RCWD’’ includes all real 

property owners for whom RCWD acts as an agent pursuant to an agency agreement. 

(31) RECYCLED WATER INFRASTRUCTURE AGREEMENT.—The 

term ‘‘Recycled Water Infrastructure Agreement’’ means the 

‘‘Recycled Water Infrastructure Agreement’’ among the Band, 

RCWD, and the United States. 

(32) RECYCLED WATER TRANSFER AGREEMENT.—The term 

‘‘Recycled Water Transfer Agreement’’ means the ‘‘Recycled 

Water Transfer Agreement’’ between the Band and RCWD. 

(33) RESERVATION.— 


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(A) IN GENERAL.—The term ‘‘Reservation’’ means the 

land depicted on the map attached to the Pechanga Settlement Agreement as Exhibit I. 

(B) APPLICABILITY OF TERM.—The term ‘‘Reservation’’ 

shall be used solely for the purposes of the Pechanga Settlement Agreement, this subtitle, and any judgment or decree 

issued by the Adjudication Court approving the Pechanga 

Settlement Agreement. 

(34) SANTA MARGARITA RIVER WATERSHED.—The term 

‘‘Santa Margarita River Watershed’’ means the watershed that 

is the subject of the Adjudication Proceeding and the Fallbrook 

Decree. 

(35) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(36) STATE.—The term ‘‘State’’ means the State of California. 

(37) STORAGE POND.—The term ‘‘Storage Pond’’ has the 

meaning set forth in the Recycled Water Infrastructure Agreement. 

(38) TRIBAL WATER RIGHT.—The term ‘‘Tribal Water Right’’ 

means the water rights ratified, confirmed, and declared to 

be valid for the benefit of the Band and Allottees, as set 

forth and described in section 3405. 

SEC. 3404. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT. 

(a) RATIFICATION OF PECHANGA SETTLEMENT AGREEMENT.— 

(1) IN GENERAL.—Except as modified by this subtitle, and 

to the extent that the Pechanga Settlement Agreement does 

not conflict with this subtitle, the Pechanga Settlement Agreement is authorized, ratified, and confirmed. 

(2) AMENDMENTS.—Any amendment to the Pechanga 

Settlement Agreement is authorized, ratified, and confirmed, 

to the extent that the amendment is executed to make the 

Pechanga Settlement Agreement consistent with this subtitle. 

(b) EXECUTION OF PECHANGA SETTLEMENT AGREEMENT.— 

(1) IN GENERAL.—To the extent that the Pechanga Settlement Agreement does not conflict with this subtitle, the Secretary is directed to and promptly shall execute— 

(A) the Pechanga Settlement Agreement (including any 

exhibit to the Pechanga Settlement Agreement requiring 

the signature of the Secretary); and 

(B) any amendment to the Pechanga Settlement Agreement necessary to make the Pechanga Settlement Agreement consistent with this subtitle. 

(2) MODIFICATIONS.—Nothing in this subtitle precludes the 

Secretary from approving modifications to exhibits to the 

Pechanga Settlement Agreement not inconsistent with this subtitle, to the extent those modifications do not otherwise require 

congressional approval pursuant to section 2116 of the Revised 

Statutes (25 U.S.C. 177) or other applicable Federal law. 

(c) ENVIRONMENTAL COMPLIANCE.— 

(1) IN GENERAL.—In implementing the Pechanga Settlement Agreement, the Secretary shall promptly comply with 

all applicable requirements of— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 


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(B) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 

(C) all other applicable Federal environmental laws; 

and 

(D) all regulations promulgated under the laws 

described in subparagraphs (A) through (C). 

(2) EXECUTION OF THE PECHANGA SETTLEMENT AGREE- MENT.— (A) IN GENERAL.—Execution of the Pechanga Settlement Agreement by the Secretary under this section shall 

not constitute a major Federal action under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(B) COMPLIANCE.—The Secretary is directed to carry 

out all Federal compliance necessary to implement the 

Pechanga Settlement Agreement. 

(3) LEAD AGENCY.—The Bureau of Reclamation shall be 

designated as the lead agency with respect to environmental 

compliance. 

SEC. 3405. TRIBAL WATER RIGHT. 

(a) INTENT OF CONGRESS.—It is the intent of Congress to provide to each Allottee benefits that are equal to or exceed the 

benefits Allottees possess as of the date of enactment of this Act, 

taking into consideration— 

(1) the potential risks, cost, and time delay associated 

with litigation that would be resolved by the Pechanga Settlement Agreement and this subtitle; 

(2) the availability of funding under this subtitle; 

(3) the availability of water from the Tribal Water Right 

and other water sources as set forth in the Pechanga Settlement 

Agreement; and 

(4) the applicability of section 7 of the Act of February 

8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests 

of Allottees. 

(b) CONFIRMATION OF TRIBAL WATER RIGHT.— (1) IN GENERAL.—A Tribal Water Right of up to 4,994 

acre-feet of water per year that, under natural conditions, is 

physically available on the Reservation is confirmed in accordance with the Findings of Fact and Conclusions of Law set 

forth in Interlocutory Judgment No. 41, as affirmed by the 

Fallbrook Decree. 

(2) USE.—Subject to the terms of the Pechanga Settlement 

Agreement, this subtitle, the Fallbrook Decree, and applicable 

Federal law, the Band may use the Tribal Water Right for 

any purpose on the Reservation. 

(c) HOLDING IN TRUST.—The Tribal Water Right, as set forth 

in subsection (b), shall— 

(1) be held in trust by the United States on behalf of 

the Band and the Allottees in accordance with this section; 

(2) include the priority dates described in Interlocutory 

Judgment No. 41, as affirmed by the Fallbrook Decree; and 

(3) not be subject to forfeiture or abandonment. 

(d) ALLOTTEES.— 

(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 

381), relating to the use of water for irrigation purposes shall 

apply to the Tribal Water Right. 


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(2) ENTITLEMENT TO WATER.—Any entitlement to water 

of an Allottee under Federal law shall be satisfied from the 

Tribal Water Right. 

(3) ALLOCATIONS.—Allotted land located within the exterior 

boundaries of the Reservation shall be entitled to a just and 

equitable allocation of water for irrigation and domestic purposes from the Tribal Water Right. 

(4) EXHAUSTION OF REMEDIES.—Before asserting any claim 

against the United States under section 7 of the Act of February 

8, 1887 (25 U.S.C. 381), or any other applicable law, an Allottee 

shall exhaust remedies available under the Pechanga Water 

Code or other applicable tribal law. 

(5) CLAIMS.—Following exhaustion of remedies available 

under the Pechanga Water Code or other applicable tribal 

law, an Allottee may seek relief under section 7 of the Act 

of February 8, 1887 (25 U.S.C. 381), or other applicable law. 

(6) AUTHORITY.—The Secretary shall have the authority 

to protect the rights of Allottees as specified in this section. 

(e) AUTHORITY OF BAND.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Band shall have authority to use, allocate, distribute, and lease 

the Tribal Water Right on the Reservation in accordance with— 

(A) the Pechanga Settlement Agreement; and 

(B) applicable Federal law. 

(2) LEASES BY ALLOTTEES.— 

(A) IN GENERAL.—An Allottee may lease any interest 

in land held by the Allottee, together with any water right 

determined to be appurtenant to that interest in land. 

(B) WATER RIGHT APPURTENANT.—Any water right 

determined to be appurtenant to an interest in land leased 

by an Allottee shall be used on such land on the Reservation. 

(f) PECHANGA WATER CODE.— 

(1) IN GENERAL.—Not later than 18 months after the 

enforceability date, the Band shall enact a Pechanga Water 

Code, that provides for— 

(A) the management, regulation, and governance of 

all uses of the Tribal Water Right in accordance with 

the Pechanga Settlement Agreement; and 

(B) establishment by the Band of conditions, permit 

requirements, and other limitations relating to the storage, 

recovery, and use of the Tribal Water Right in accordance 

with the Pechanga Settlement Agreement. 

(2) INCLUSIONS.—Subject to the approval of the Secretary, 

the Pechanga Water Code shall provide— 

(A) that allocations of water to Allottees shall be satisfied with water from the Tribal Water Right; 

(B) that charges for delivery of water for irrigation 

purposes for Allottees shall be assessed on a just and 

equitable basis; 

(C) a process by which an Allottee may request that 

the Band provide water for irrigation or domestic purposes 

in accordance with this subtitle; 

(D) a due process system for the consideration and 

determination by the Band of any request by an Allottee 

(or any successor in interest to an Allottee) for an allocation 


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of such water for irrigation or domestic purposes on allotted 

land, including a process for— 

(i) appeal and adjudication of any denied or disputed distribution of water; and 

(ii) resolution of any contested administrative decision; and 

(E) a requirement that any Allottee with a claim 

relating to the enforcement of rights of the Allottee under 

the Pechanga Water Code or relating to the amount of 

water allocated to land of the Allottee must first exhaust 

remedies available to the Allottee under tribal law and 

the Pechanga Water Code before initiating an action 

against the United States or petitioning the Secretary 

pursuant to subsection (d)(4). 

(3) ACTION BY SECRETARY.— 

(A) IN GENERAL.—The Secretary shall administer the 

Tribal Water Right until the Pechanga Water Code is 

enacted and approved under this section. 

(B) APPROVAL.—Any provision of the Pechanga Water 

Code and any amendment to the Pechanga Water Code 

that affects the rights of Allottees— 

(i) shall be subject to the approval of the Secretary; 

and 

(ii) shall not be valid until approved by the Secretary. 

(C) APPROVAL PERIOD.—The Secretary shall approve 

or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band 

submits the Pechanga Water Code to the Secretary for 

approval. 

(g) EFFECT.—Except as otherwise specifically provided in this 

section, nothing in this subtitle— 

(1) authorizes any action by an Allottee against any individual or entity, or against the Band, under Federal, State, 

tribal, or local law; or 

(2) alters or affects the status of any action pursuant to 

section 1491(a) of title 28, United States Code. 

SEC. 3406. SATISFACTION OF CLAIMS. 

(a) IN GENERAL.—The benefits provided to the Band under 

the Pechanga Settlement Agreement and this subtitle shall be 

in complete replacement of, complete substitution for, and full satisfaction of all claims of the Band against the United States that 

are waived and released pursuant to section 3407. 

(b) ALLOTTEE CLAIMS.—The benefits realized by the Allottees 

under this subtitle shall be in complete replacement of, complete 

substitution for, and full satisfaction of— 

(1) all claims that are waived and released pursuant to 

section 3407; and 

(2) any claims of the Allottees against the United States 

that the Allottees have or could have asserted that are similar 

in nature to any claim described in section 3407. 

(c) NO RECOGNITION OF WATER RIGHTS.—Except as provided 

in section 3405(d), nothing in this subtitle recognizes or establishes 

any right of a member of the Band or an Allottee to water within 

the Reservation. 


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(d) CLAIMS RELATING TO DEVELOPMENT OF WATER FOR RESERVATION.— 

(1) IN GENERAL.—The amounts authorized to be appropriated pursuant to section 3411 shall be used to satisfy any 

claim of the Allottees against the United States with respect 

to the development or protection of water resources for the 

Reservation. 

(2) SATISFACTION OF CLAIMS.—Upon the complete appropriation of amounts authorized pursuant to section 3411, any 

claim of the Allottees against the United States with respect 

to the development or protection of water resources for the 

Reservation shall be deemed to have been satisfied. 

SEC. 3407. WAIVER OF CLAIMS. 

(a) IN GENERAL.— 

(1) WAIVER OF CLAIMS BY THE BAND AND THE UNITED STATES

ACTING IN ITS CAPACITY AS TRUSTEE FOR THE BAND.— 

(A) IN GENERAL.—Subject to the retention of rights 

set forth in subsection (c), in return for recognition of 

the Tribal Water Right and other benefits as set forth 

in the Pechanga Settlement Agreement and this subtitle, 

the Band, and the United States, acting as trustee for 

the Band, are authorized and directed to execute a waiver 

and release of all claims for water rights within the Santa 

Margarita River Watershed that the Band, or the United 

States acting as trustee for the Band, asserted or could 

have asserted in any proceeding, including the Adjudication 

Proceeding, except to the extent that such rights are recognized in the Pechanga Settlement Agreement and this subtitle. 

(B) CLAIMS AGAINST RCWD.—Subject to the retention 

of rights set forth in subsection (c) and notwithstanding 

any provisions to the contrary in the Pechanga Settlement 

Agreement, the Band and the United States, on behalf 

of the Band and Allottees, fully release, acquit, and discharge RCWD from— 

(i) claims for injuries to water rights in the Santa 

Margarita River Watershed for land located within 

the Reservation arising or occurring at any time up 

to and including June 30, 2009; 

(ii) claims for injuries to water rights in the Santa 

Margarita River Watershed for land located within 

the Reservation arising or occurring at any time after 

June 30, 2009, resulting from the diversion or use 

of water in a manner not in violation of the Pechanga 

Settlement Agreement or this subtitle; 

(iii) claims for subsidence damage to land located 

within the Reservation arising or occurring at any 

time up to and including June 30, 2009; 

(iv) claims for subsidence damage arising or occurring after June 30, 2009, to land located within the 

Reservation resulting from the diversion of underground water in a manner consistent with the 

Pechanga Settlement Agreement or this subtitle; and 


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(v) claims arising out of, or relating in any manner 

to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of 

this subtitle. 

(2) CLAIMS BY THE UNITED STATES ACTING IN ITS CAPACITY

AS TRUSTEE FOR ALLOTTEES.—Subject to the retention of claims 

set forth in subsection (c), in return for recognition of the 

Tribal Water Right and other benefits as set forth in the 

Pechanga Settlement Agreement and this subtitle, the United 

States, acting as trustee for Allottees, is authorized and directed 

to execute a waiver and release of all claims for water rights 

within the Santa Margarita River Watershed that the United 

States, acting as trustee for the Allottees, asserted or could 

have asserted in any proceeding, including the Adjudication 

Proceeding, except to the extent such rights are recognized 

in the Pechanga Settlement Agreement and this subtitle. 

(3) CLAIMS BY THE BAND AGAINST THE UNITED STATES.— 

Subject to the retention of rights set forth in subsection (c), 

the Band, is authorized to execute a waiver and release of— 

(A) all claims against the United States (including 

the agencies and employees of the United States) relating 

to claims for water rights in, or water of, the Santa Margarita River Watershed that the United States, acting in 

its capacity as trustee for the Band, asserted, or could 

have asserted, in any proceeding, including the Adjudication Proceeding, except to the extent that those rights 

are recognized in the Pechanga Settlement Agreement and 

this subtitle; 

(B) all claims against the United States (including 

the agencies and employees of the United States) relating 

to damages, losses, or injuries to water, water rights, land, 

or natural resources due to loss of water or water rights 

(including damages, losses or injuries to hunting, fishing, 

gathering, or cultural rights due to loss of water or water 

rights, claims relating to interference with, diversion, or 

taking of water or water rights, or claims relating to failure 

to protect, acquire, replace, or develop water, water rights, 

or water infrastructure) in the Santa Margarita River 

Watershed that first accrued at any time up to and 

including the enforceability date; 

(C) all claims against the United States (including 

the agencies and employees of the United States) relating 

to the pending litigation of claims relating to the water 

rights of the Band in the Adjudication Proceeding; and 

(D) all claims against the United States (including 

the agencies and employees of the United States) relating 

to the negotiation or execution of the Pechanga Settlement 

Agreement or the negotiation or execution of this subtitle. 

(b) EFFECTIVENESS OF WAIVERS AND RELEASES.—The waivers 

under subsection (a) shall take effect on the enforceability date. 

(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases authorized in this subtitle, 

the Band, on behalf of itself and the members of the Band, and 

the United States, acting in its capacity as trustee for the Band 

and Allottees, retain— 

(1) all claims for enforcement of the Pechanga Settlement 

Agreement and this subtitle; 


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(2) all claims against any person or entity other than 

the United States and RCWD, including claims for monetary 

damages; 

(3) all claims for water rights that are outside the jurisdiction of the Adjudication Court; 

(4) all rights to use and protect water rights acquired 

on or after the enforceability date; and 

(5) all remedies, privileges, immunities, powers, and claims, 

including claims for water rights, not specifically waived and 

released pursuant to this subtitle and the Pechanga Settlement 

Agreement. 

(d) EFFECT OF PECHANGA SETTLEMENT AGREEMENT AND ACT.— 

Nothing in the Pechanga Settlement Agreement or this subtitle— 

(1) affects the ability of the United States, acting as a 

sovereign, to take actions authorized by law, including any 

laws relating to health, safety, or the environment, including— 

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.); 

(B) the Safe Drinking Water Act (42 U.S.C. 300f et 

seq.); 

(C) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); and 

(D) any regulations implementing the Acts described 

in subparagraphs (A) through (C); 

(2) affects the ability of the United States to take actions 

acting as trustee for any other Indian tribe or an Allottee 

of any other Indian tribe; 

(3) confers jurisdiction on any State court— 

(A) to interpret Federal law regarding health, safety, 

or the environment; 

(B) to determine the duties of the United States or 

other parties pursuant to Federal law regarding health, 

safety, or the environment; or 

(C) to conduct judicial review of Federal agency action; 

(4) waives any claim of a member of the Band in an 

individual capacity that does not derive from a right of the 

Band; 

(5) limits any funding that RCWD would otherwise be 

authorized to receive under any Federal law, including, the 

Reclamation Wastewater and Groundwater Study and Facilities 

Act (43 U.S.C. 390h et seq.) as that Act applies to permanent 

facilities for water recycling, demineralization, and desalination, and distribution of nonpotable water supplies in Southern 

Riverside County, California; 

(6) characterizes any amounts received by RCWD under 

the Pechanga Settlement Agreement or this subtitle as Federal 

for purposes of section 1649 of the Reclamation Wastewater 

and Groundwater Study and Facilities Act (43 U.S.C. 390h– 

32); or 

(7) affects the requirement of any party to the Pechanga 

Settlement Agreement or any of the exhibits to the Pechanga 

Settlement Agreement to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the 

California Environmental Quality Act (Cal. Pub. Res. Code 

21000 et seq.) prior to performing the respective obligations 


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of that party under the Pechanga Settlement Agreement or 

any of the exhibits to the Pechanga Settlement Agreement. 

(e) ENFORCEABILITY DATE.—The enforceability date shall be 

the date on which the Secretary publishes in the Federal Register 

a statement of findings that— 

(1) the Adjudication Court has approved and entered a 

judgment and decree approving the Pechanga Settlement 

Agreement in substantially the same form as Appendix 2 to 

the Pechanga Settlement Agreement; 

(2) all amounts authorized by this subtitle have been deposited in the Fund; 

(3) the waivers and releases authorized in subsection (a) 

have been executed by the Band and the Secretary; 

(4) the Extension of Service Area Agreement— 

(A) has been approved and executed by all the parties 

to the Extension of Service Area Agreement; and 

(B) is effective and enforceable in accordance with the 

terms of the Extension of Service Area Agreement; and 

(5) the ESAA Water Delivery Agreement— 

(A) has been approved and executed by all the parties 

to the ESAA Water Delivery Agreement; and 

(B) is effective and enforceable in accordance with the 

terms of the ESAA Water Delivery Agreement. 

(f) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled for the period beginning on the 

date of enactment of this Act and ending on the earlier of— 

(A) April 30, 2030, or such alternate date after April 

30, 2030, as is agreed to by the Band and the Secretary; 

or 

(B) the enforceability date. 

(2) EFFECTS OF SUBSECTION.—Nothing in this subsection 

revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act. 

(3) LIMITATION.—Nothing in this section precludes the 

tolling of any period of limitations or any time-based equitable 

defense under any other applicable law. 

(g) TERMINATION.— 

(1) IN GENERAL.—If all of the amounts authorized to be 

appropriated to the Secretary pursuant to this subtitle have 

not been made available to the Secretary by April 30, 2030— 

(A) the waivers authorized by this section shall expire 

and have no force or effect; and 

(B) all statutes of limitations applicable to any claim 

otherwise waived under this section shall be tolled until 

April 30, 2030. 

(2) VOIDING OF WAIVERS.—If a waiver authorized by this 

section is void under paragraph (1)— 

(A) the approval of the United States of the Pechanga 

Settlement Agreement under section 3404 shall be void 

and have no further force or effect; 

(B) any unexpended Federal amounts appropriated or 

made available to carry out this subtitle, together with 

any interest earned on those amounts, and any water rights 

or contracts to use water and title to other property 


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acquired or constructed with Federal amounts appropriated 

or made available to carry out this subtitle shall be 

returned to the Federal Government, unless otherwise 

agreed to by the Band and the United States and approved 

by Congress; and 

(C) except for Federal amounts used to acquire or 

develop property that is returned to the Federal Government under subparagraph (B), the United States shall be 

entitled to set off any Federal amounts appropriated or 

made available to carry out this subtitle that were 

expended or withdrawn, together with any interest accrued, 

against any claims against the United States relating to 

water rights asserted by the Band or Allottees in any 

future settlement of the water rights of the Band or 

Allottees. 

SEC. 3408. WATER FACILITIES. 

(a) IN GENERAL.—The Secretary shall, subject to the availability 

of appropriations, using amounts from the designated accounts 

of the Fund, provide the amounts necessary to fulfill the obligations 

of the Band under the Recycled Water Infrastructure Agreement 

and the ESAA Capacity Agreement, in an amount not to exceed 

the amounts deposited in the designated accounts for such purposes 

plus any interest accrued on such amounts from the date of deposit 

in the Fund to the date of disbursement from the Fund, in accordance with this subtitle and the terms and conditions of those agreements. 

(b) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(c) RECYCLED WATER INFRASTRUCTURE.— 

(1) IN GENERAL.—The Secretary shall, using amounts from 

the Pechanga Recycled Water Infrastructure account, provide 

amounts for the Storage Pond in accordance with this section. 

(2) STORAGE POND.— 

(A) IN GENERAL.—The Secretary shall, subject to the 

availability of appropriations, using amounts from the 

Pechanga Recycled Water Infrastructure account provide 

the amounts necessary for a Storage Pond in accordance 

with the Recycled Water Infrastructure Agreement, in an 

amount not to exceed $2,656,374. 

(B) PROCEDURE.—The procedure for the Secretary to 

provide amounts pursuant to this section shall be as set 

forth in the Recycled Water Infrastructure Agreement. 

(C) LIABILITY.—The United States shall have no 

responsibility or liability for the Storage Pond. 

(d) ESAA DELIVERY CAPACITY.— 

(1) IN GENERAL.—The Secretary shall, using amounts from 

the Pechanga ESAA Delivery Capacity account, provide 

amounts for Interim Capacity and Permanent Capacity in 

accordance with this section. 

(2) INTERIM CAPACITY.— (A) IN GENERAL.—The Secretary shall, subject to the 

availability of appropriations, using amounts from the 

ESAA Delivery Capacity account, provide amounts necessary for the provision of Interim Capacity in accordance 

with the ESAA Capacity Agreement in an amount not 

to exceed $1,000,000. 


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(B) PROCEDURE.—The procedure for the Secretary to 

provide amounts pursuant to this section shall be as set 

forth in the ESAA Capacity Agreement. 

(C) LIABILITY.—The United States shall have no 

responsibility or liability for the Interim Capacity to be 

provided by RCWD or by the Band. 

(D) TRANSFER TO BAND.—If RCWD does not provide 

the Interim Capacity Notice required pursuant to the ESAA 

Capacity Agreement by the date that is 60 days after 

the date required under the ESAA Capacity Agreement, 

the amounts in the Pechanga ESAA Delivery Capacity 

account for purposes of the provision of Interim Capacity 

and Permanent Capacity, including any interest that has 

accrued on those amounts, shall be available for use by 

the Band to provide alternative interim capacity in a 

manner that is similar to the Interim Capacity and Permanent Capacity that the Band would have received had 

RCWD provided such Interim Capacity and Permanent 

Capacity. 

(3) PERMANENT CAPACITY.— 

(A) IN GENERAL.—The Secretary shall, subject to the 

availability of appropriations, using amounts from the 

ESAA Delivery Capacity account, provide amounts necessary for the provision of Permanent Capacity in accordance with the ESAA Capacity Agreement. 

(B) PROCEDURE.—The procedure for the Secretary to 

provide funds pursuant to this section shall be as set 

forth in the ESAA Capacity Agreement. 

(C) LIABILITY.—The United States shall have no 

responsibility or liability for the Permanent Capacity to 

be provided by RCWD or by the Band. 

(D) TRANSFER TO BAND.—If RCWD does not provide 

the Permanent Capacity Notice required pursuant to the 

ESAA Capacity Agreement by the date that is 5 years 

after the enforceability date, the amounts in the Pechanga 

ESAA Delivery Capacity account for purposes of the provision of Permanent Capacity, including any interest that 

has accrued on those amounts, shall be available for use 

by the Band to provide alternative Permanent Capacity 

in a manner that is similar to the Permanent Capacity 

that the Band would have received had RCWD provided 

such Permanent Capacity. 

SEC. 3409. PECHANGA SETTLEMENT FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a fund to be known as the ‘‘Pechanga Settlement 

Fund’’, to be managed, invested, and distributed by the Secretary 

and to be available until expended, and, together with any interest 

earned on those amounts, to be used solely for the purpose of 

carrying out this subtitle. 

(b) TRANSFERS TO FUND.—The Fund shall consist of such 

amounts as are deposited in the Fund under section 3411(a) of 

this subtitle, together with any interest earned on those amounts, 

which shall be available in accordance with subsection (e). 

(c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.—The Secretary 

shall establish in the Fund the following accounts: 


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(1) Pechanga Recycled Water Infrastructure account, consisting of amounts authorized pursuant to section 3411(a)(1). 

(2) Pechanga ESAA Delivery Capacity account, consisting 

of amounts authorized pursuant to section 3411(a)(2). 

(3) Pechanga Water Fund account, consisting of amounts 

authorized pursuant to section 3411(a)(3). 

(4) Pechanga Water Quality account, consisting of amounts 

authorized pursuant to section 3411(a)(4). 

(d) MANAGEMENT OF FUND.—The Secretary shall manage, 

invest, and distribute all amounts in the Fund in a manner that 

is consistent with the investment authority of the Secretary under— 

(1) the first section of the Act of June 24, 1938 (25 U.S.C. 

162a); 

(2) the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.); and 

(3) this section. 

(e) AVAILABILITY OF AMOUNTS.—Amounts appropriated to, and 

deposited in, the Fund, including any investment earnings accrued 

from the date of deposit in the Fund through the date of disbursement from the Fund, shall be made available to the Band by 

the Secretary beginning on the enforceability date. 

(f) WITHDRAWALS BY BAND PURSUANT TO THE AMERICAN INDIAN

TRUST FUND MANAGEMENT REFORM ACT.— 

(1) IN GENERAL.—The Band may withdraw all or part of 

the amounts in the Fund on approval by the Secretary of 

a tribal management plan submitted by the Band in accordance 

with the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.). 

(2) REQUIREMENTS.— 

(A) IN GENERAL.—In addition to the requirements 

under the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 

management plan under paragraph (1) shall require that 

the Band shall spend all amounts withdrawn from the 

Fund in accordance with this subtitle. 

(B) ENFORCEMENT.—The Secretary may carry out such 

judicial or administrative actions as the Secretary determines to be necessary to enforce the tribal management 

plan to ensure that amounts withdrawn by the Band from 

the Fund under this subsection are used in accordance 

with this subtitle. 

(g) WITHDRAWALS BY BAND PURSUANT TO AN EXPENDITURE

PLAN.— 

(1) IN GENERAL.—The Band may submit an expenditure 

plan for approval by the Secretary requesting that all or part 

of the amounts in the Fund be disbursed in accordance with 

the plan. 

(2) REQUIREMENTS.—The expenditure plan under paragraph (1) shall include a description of the manner and purpose 

for which the amounts proposed to be disbursed from the Fund 

will be used, in accordance with subsection (h). 

(3) APPROVAL.—If the Secretary determines that an 

expenditure plan submitted under this subsection is consistent 

with the purposes of this subtitle, the Secretary shall approve 

the plan. 

(4) ENFORCEMENT.—The Secretary may carry out such 

judicial or administrative actions as the Secretary determines 


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necessary to enforce an expenditure plan to ensure that 

amounts disbursed under this subsection are used in accordance 

with this subtitle. 

(h) USES.—Amounts from the Fund shall be used by the Band 

for the following purposes: 

(1) PECHANGA RECYCLED WATER INFRASTRUCTURE

ACCOUNT.—The Pechanga Recycled Water Infrastructure 

account shall be used for expenditures by the Band in accordance with section 3408(c). 

(2) PECHANGA ESAA DELIVERY CAPACITY ACCOUNT.—The 

Pechanga ESAA Delivery Capacity account shall be used for 

expenditures by the Band in accordance with section 3408(d). 

(3) PECHANGA WATER FUND ACCOUNT.—The Pechanga 

Water Fund account shall be used for— 

(A) payment of the EMWD Connection Fee; 

(B) payment of the MWD Connection Fee; and 

(C) any expenses, charges, or fees incurred by the 

Band in connection with the delivery or use of water pursuant to the Pechanga Settlement Agreement. 

(4) PECHANGA WATER QUALITY ACCOUNT.—The Pechanga 

Water Quality account shall be used by the Band to fund 

groundwater desalination activities within the Wolf Valley 

Basin. 

(i) LIABILITY.—The Secretary and the Secretary of the Treasury 

shall not be liable for the expenditure of, or the investment of 

any amounts withdrawn from, the Fund by the Band under subsection (f) or (g). 

(j) NO PER CAPITA DISTRIBUTIONS.—No portion of the Fund 

shall be distributed on a per capita basis to any member of the 

Band. 

SEC. 3410. MISCELLANEOUS PROVISIONS. 

(a) WAIVER OF SOVEREIGN IMMUNITY BY THE UNITED STATES.— 

Except as provided in subsections (a) through (c) of section 208 

of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 

666), nothing in this subtitle waives the sovereign immunity of 

the United States. 

(b) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this 

subtitle quantifies or diminishes any land or water right, or any 

claim or entitlement to land or water, of an Indian tribe, band, 

or community other than the Band. 

(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect 

to Indian land within the Reservation— 

(1) the United States shall not submit against any Indianowned land located within the Reservation any claim for 

reimbursement of the cost to the United States of carrying 

out this subtitle and the Pechanga Settlement Agreement; and 

(2) no assessment of any Indian-owned land located within 

the Reservation shall be made regarding that cost. 

(d) EFFECT ON CURRENT LAW.—Nothing in this section affects 

any provision of law (including regulations) in effect on the day 

before the date of enactment of this Act with respect to 

preenforcement review of any Federal environmental enforcement 

action. 

SEC. 3411. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.— 


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(1) PECHANGA RECYCLED WATER INFRASTRUCTURE

ACCOUNT.—There is authorized to be appropriated $2,656,374, 

for deposit in the Pechanga Recycled Water Infrastructure 

account, to carry out the activities described in section 3408(c). 

(2) PECHANGA ESAA DELIVERY CAPACITY ACCOUNT.—There 

is authorized to be appropriated $17,900,000, for deposit in 

the Pechanga ESAA Delivery Capacity account, which amount 

shall be adjusted for changes in construction costs since June 

30, 2009, as is indicated by ENR Construction Cost Index, 

20-City Average, as applicable to the types of construction 

required for the Band to provide the infrastructure necessary 

for the Band to provide the Interim Capacity and Permanent 

Capacity in the event that RCWD elects not to provide the 

Interim Capacity or Permanent Capacity as set forth in the 

ESAA Capacity Agreement and contemplated in sections 

3408(d)(2)(D) and 3408(d)(3)(D) of this subtitle, with such 

adjustment ending on the date on which funds authorized to 

be appropriated under this section have been deposited in the 

Fund. 

(3) PECHANGA WATER FUND ACCOUNT.—There is authorized 

to be appropriated $5,483,653, for deposit in the Pechanga 

Water Fund account, which amount shall be adjusted for 

changes in appropriate cost indices since June 30, 2009, with 

such adjustment ending on the date of deposit in the Fund, 

for the purposes set forth in section 3409(h)(3). 

(4) PECHANGA WATER QUALITY ACCOUNT.—There is authorized to be appropriated $2,460,000, for deposit in the Pechanga 

Water Quality account, which amount shall be adjusted for 

changes in appropriate cost indices since June 30, 2009, with 

such adjustment ending on the date of deposit in the Fund, 

for the purposes set forth in section 3409(h)(4). 

SEC. 3412. EXPIRATION ON FAILURE OF ENFORCEABILITY DATE. 

If the Secretary does not publish a statement of findings under 

section 3407(e) by April 30, 2021, or such alternative later date 

as is agreed to by the Band and the Secretary, as applicable— 

(1) this subtitle expires on the later of May 1, 2021, or 

the day after the alternative date agreed to by the Band and 

the Secretary; 

(2) any action taken by the Secretary and any contract 

or agreement pursuant to the authority provided under any 

provision of this subtitle shall be void; 

(3) any amounts appropriated under section 3411, together 

with any interest on those amounts, shall immediately revert 

to the general fund of the Treasury; and 

(4) any amounts made available under section 3411 that 

remain unexpended shall immediately revert to the general 

fund of the Treasury. 

SEC. 3413. ANTIDEFICIENCY. 

(a) IN GENERAL.—Notwithstanding any authorization of appropriations to carry out this subtitle, the expenditure or advance 

of any funds, and the performance of any obligation by the Department in any capacity, pursuant to this subtitle shall be contingent 

on the appropriation of funds for that expenditure, advance, or 

performance. 


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(b) LIABILITY.—The Department of the Interior shall not be 

liable for the failure to carry out any obligation or activity authorized by this subtitle if adequate appropriations are not provided 

to carry out this subtitle. 

Subtitle E—Delaware River Basin 

Conservation 

SEC. 3501. FINDINGS. 

Congress finds that— 

(1) the Delaware River Basin is a national treasure of 

great cultural, environmental, ecological, and economic importance; 

(2) the Basin contains over 12,500 square miles of land 

in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more 

than 2,000 tributary rivers and streams; 

(3) the Basin is home to more than 8,000,000 people who 

depend on the Delaware River and the Delaware Bay as an 

economic engine, a place of recreation, and a vital habitat 

for fish and wildlife; 

(4) the Basin provides clean drinking water to more than 

15,000,000 people, including New York City, which relies on 

the Basin for approximately half of the drinking water supply 

of the city, and Philadelphia, whose most significant threat 

to the drinking water supply of the city is loss of forests 

and other natural cover in the Upper Basin, according to a 

study conducted by the Philadelphia Water Department; (5) the Basin contributes $25,000,000,000 annually in eco- nomic 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 


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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 Federalinterstate 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. 


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SEC. 3502. DEFINITIONS. 

In this subtitle: 

(1) BASIN.—The term ‘‘Basin’’ means the 4-State Delaware 

Basin region, including all of Delaware Bay and portions of 

the States of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. 

(2) BASIN STATE.—The term ‘‘Basin State’’ means each of 

the States of Delaware, New Jersey, New York, and Pennsylvania. 

(3) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the United States Fish and Wildlife Service. 

(4) GRANT PROGRAM.—The term ‘‘grant program’’ means 

the voluntary Delaware River Basin Restoration Grant Program 

established under section 3504. 

(5) PROGRAM.—The term ‘‘program’’ means the nonregulatory Delaware River Basin restoration program established 

under section 3503. 

(6) RESTORATION AND PROTECTION.—The term ‘‘restoration 

and protection’’ means the conservation, stewardship, and 

enhancement of habitat for fish and wildlife to preserve and 

improve ecosystems and ecological processes on which they 

depend, and for use and enjoyment by the public. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Director. 

(8) SERVICE.—The term ‘‘Service’’ means the United States 

Fish and Wildlife Service. 

SEC. 3503. PROGRAM ESTABLISHMENT. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the ‘‘Delaware River Basin restoration 

program’’. 

(b) DUTIES.—In carrying out the program, the Secretary shall— 

(1) draw on existing plans for the Basin, or portions of 

the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for 

the Delaware Estuary, the Delaware River Basin Commission, 

the Federal Government, and other State and local governments, and regional organizations, as appropriate, to identify, 

prioritize, and implement restoration and protection activities 

within the Basin; 

(2) adopt a Basinwide strategy that— 

(A) supports the implementation of a shared set of 

science-based restoration and protection activities developed in accordance with paragraph (1); 

(B) targets cost-effective projects with measurable 

results; and 

(C) maximizes conservation outcomes with no net gain 

of Federal full-time equivalent employees; and 

(3) establish the voluntary grant and technical assistance 

programs in accordance with section 3504. 

(c) COORDINATION.—In establishing the program, the Secretary 

shall consult, as appropriate, with— 

(1) the heads of Federal agencies, including— 

(A) the Administrator of the Environmental Protection 

Agency; 


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(B) the Administrator of the National Oceanic and 

Atmospheric Administration; 

(C) the Chief of the Natural Resources Conservation 

Service; 

(D) the Chief of Engineers; and 

(E) the head of any other applicable agency; 

(2) the Governors of the Basin States; 

(3) the Partnership for the Delaware Estuary; 

(4) the Delaware River Basin Commission; 

(5) fish and wildlife joint venture partnerships; and 

(6) other public agencies and organizations with authority 

for the planning and implementation of conservation strategies 

in the Basin. 

(d) PURPOSES.—The purposes of the program include— 

(1) coordinating restoration and protection activities among 

Federal, State, local, and regional entities and conservation 

partners throughout the Basin; and 

(2) carrying out coordinated restoration and protection 

activities, and providing for technical assistance throughout 

the Basin and Basin States— 

(A) to sustain and enhance fish and wildlife habitat 

restoration and protection activities; 

(B) to improve and maintain water quality to support 

fish and wildlife, as well as the habitats of fish and wildlife, 

and drinking water for people; 

(C) to sustain and enhance water management for 

volume and flood damage mitigation improvements to benefit fish and wildlife habitat; 

(D) to improve opportunities for public access and 

recreation in the Basin consistent with the ecological needs 

of fish and wildlife habitat; 

(E) to facilitate strategic planning to maximize the 

resilience of natural systems and habitats under changing 

watershed conditions; 

(F) to engage the public through outreach, education, 

and citizen involvement, to increase capacity and support 

for coordinated restoration and protection activities in the 

Basin; 

(G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry 

out coordinated restoration and protection activities; and 

(H) to provide technical assistance to carry out restoration and protection activities in the Basin. 

SEC. 3504. GRANTS AND ASSISTANCE. 

(a) DELAWARE RIVER BASIN RESTORATION GRANT PROGRAM.— 

To the extent that funds are available to carry out this section, 

the Secretary shall establish a voluntary grant and technical assistance program to be known as the ‘‘Delaware River Basin Restoration 

Grant Program’’ to provide competitive matching grants of varying 

amounts to State and local governments, nonprofit organizations, 

institutions of higher education, and other eligible entities to carry 

out activities described in section 3503(d). 

(b) CRITERIA.—The Secretary, in consultation with the organizations described in section 3503(c), shall develop criteria for the 

grant program to help ensure that activities funded under this 

section accomplish one or more of the purposes identified in section 


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3503(d)(2) and advance the implementation of priority actions or 

needs identified in the Basinwide strategy adopted under section 

3503(b)(2). 

(c) COST SHARING.— (1) FEDERAL SHARE.—The Federal share of the cost of a 

project funded under the grant program shall not exceed 50 

percent of the total cost of the activity, as determined by 

the Secretary. 

(2) NON-FEDERAL SHARE.—The non-Federal share of the 

cost of a project funded under the grant program may be 

provided in cash or in the form of an in-kind contribution 

of services or materials. 

SEC. 3505. ANNUAL LETTER. 

Not later than 180 days after the date of enactment of this 

Act and annually thereafter, the Secretary shall submit to Congress 

a detailed letter on the implementation of this subtitle, including 

a description of each project that has received funding under this 

subtitle. 

SEC. 3506. PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION OF INTERESTS IN LAND. 

No funds may be appropriated or used under this subtitle 

for acquisition by the Federal Government of any interest in land. 

SEC. 3507. SUNSET. 

This subtitle shall have no force or effect after September 

30, 2023. 

Subtitle F—Miscellaneous Provisions 

SEC. 3601. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT 

FEES FOR CABINS AND TRAILERS. 

During the period ending 5 years after the date of enactment 

of this Act, the Secretary of the Interior shall not increase the 

permit fee for a cabin or trailer on land in the State of North 

Dakota administered by the Dakotas Area Office of the Bureau 

of Reclamation by more than 33 percent of the permit fee that 

was in effect on January 1, 2016. 

SEC. 3602. USE OF TRAILER HOMES AT HEART BUTTE DAM AND RESERVOIR (LAKE TSCHIDA). 

(a) DEFINITIONS.—In this section: 

(1) ADDITION.—The term ‘‘addition’’ means any enclosed 

structure added onto the structure of a trailer home that 

increases the living area of the trailer home. 

(2) CAMPER OR RECREATIONAL VEHICLE.—The term ‘‘camper 

or recreational vehicle’’ includes— 

(A) a camper, motorhome, trailer camper, bumper hitch 

camper, fifth wheel camper, or equivalent mobile shelter; 

and 

(B) a recreational vehicle. 

(3) IMMEDIATE FAMILY.—The term ‘‘immediate family’’ 

means a spouse, grandparent, parent, sibling, child, or grandchild. 

(4) PERMIT.—The term ‘‘permit’’ means a permit issued 

by the Secretary authorizing the use of a lot in a trailer area. 


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(5) PERMIT YEAR.—The term ‘‘permit year’’ means the 

period beginning on April 1 of a calendar year and ending 

on March 31 of the following calendar year. 

(6) PERMITTEE.—The term ‘‘permittee’’ means a person 

holding a permit. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Commissioner of Reclamation. 

(8) TRAILER AREA.—The term ‘‘trailer area’’ means any 

of the following areas at Heart Butte Dam and Reservoir (Lake 

Tschida) (as described in the document of the Bureau of Reclamation entitled ‘‘Heart Butte Reservoir Resource Management Plan’’ (March 2008)): 

(A) Trailer Area 1 and 2, also known as Management 

Unit 034. 

(B) Southside Trailer Area, also known as Management 

Unit 014. 

(9) TRAILER HOME.—The term ‘‘trailer home’’ means a 

dwelling placed on a supporting frame that— 

(A) has or had a tow-hitch; and 

(B) is made mobile, or is capable of being made mobile, 

by an axle and wheels. 

(b) PERMIT RENEWAL AND PERMITTED USE.— 

(1) IN GENERAL.—The Secretary shall use the same permit 

renewal process for trailer area permits as the Secretary uses 

for other permit renewals in other reservoirs in the State 

of North Dakota administered by the Dakotas Area Office of 

the Bureau of Reclamation. 

(2) TRAILER HOMES.—With respect to a trailer home, a 

permit for each permit year shall authorize the permittee— 

(A) to park the trailer home on the lot; 

(B) to use the trailer home on the lot; 

(C) to physically move the trailer home on and off 

the lot; and 

(D) to leave on the lot any addition, deck, porch, 

entryway, step to the trailer home, propane tank, or storage 

shed. 

(3) CAMPERS OR RECREATIONAL VEHICLES.—With respect 

to a camper or recreational vehicle, a permit shall, for each 

permit year— 

(A) from April 1 to October 31, authorize the permittee— 

(i) to park the camper or recreational vehicle on 

the lot; 

(ii) to use the camper or recreational vehicle on 

the lot; and 

(iii) to move the camper or recreational vehicle 

on and off the lot; and 

(B) from November 1 to March 31, require a permittee 

to remove the camper or recreational vehicle from the 

lot. 

(c) REMOVAL.— 

(1) IN GENERAL.—The Secretary may require removal of 

a trailer home from a lot in a trailer area if the trailer home 

is flooded after the date of enactment of this Act. 


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(2) REMOVAL AND NEW USE.—If the Secretary requires 

removal of a trailer home under paragraph (1), on request 

by the permittee, the Secretary shall authorize the permittee— 

(A) to replace the trailer home on the lot with a camper 

or recreational vehicle in accordance with this section; or 

(B) to place a trailer home on the lot from April 1 

to October 31. 

(d) TRANSFER OF PERMITS.— 

(1) TRANSFER OF TRAILER HOME TITLE.—If a permittee 

transfers title to a trailer home permitted on a lot in a trailer 

area, the Secretary shall issue a permit to the transferee, 

under the same terms as the permit applicable on the date 

of transfer, subject to the conditions described in paragraph 

(3). 

(2) TRANSFER OF CAMPER OR RECREATIONAL VEHICLE

TITLE.—If a permittee who has a permit to use a camper or 

recreational vehicle on a lot in a trailer area transfers title 

to the interests of the permittee on or to the lot, the Secretary 

shall issue a permit to the transferee, subject to the conditions 

described in paragraph (3). 

(3) CONDITIONS.—A permit issued by the Secretary under 

paragraph (1) or (2) shall be subject to the following conditions: 

(A) A permit may not be held in the name of a corporation. 

(B) A permittee may not have an interest in, or control 

of, more than 1 seasonal trailer home site in the Great 

Plains Region of the Bureau of Reclamation, inclusive of 

sites located on tracts permitted to organized groups on 

Reclamation reservoirs. 

(C) Not more than 2 persons may be permittees under 

1 permit, unless— 

(i) approved by the Secretary; or 

(ii) the additional persons are immediate family 

members of the permittees. 

(e) ANCHORING REQUIREMENTS FOR TRAILER HOMES.—The Secretary shall require compliance with appropriate anchoring requirements for each trailer home (including additions to the trailer 

home) and other objects on a lot in a trailer area, as determined 

by the Secretary, after consulting with permittees. 

(f) REPLACEMENT, REMOVAL, AND RETURN.— 

(1) REPLACEMENT.—Permittees may replace their trailer 

home with another trailer home. 

(2) REMOVAL AND RETURN.—Permittees may— 

(A) remove their trailer home; and 

(B) if the permittee removes their trailer home under 

subparagraph (A), return the trailer home to the lot of 

the permittee. 

(g) LIABILITY; TAKING.— 

(1) LIABILITY.—The United States shall not be liable for 

flood damage to the personal property of a permittee or for 

damages arising out of any act, omission, or occurrence relating 

to a lot to which a permit applies, other than for damages 

caused by an act or omission of the United States or an 

employee, agent, or contractor of the United States before the 

date of enactment of this Act. 


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(2) TAKING.—Any temporary flooding or flood damage to 

the personal property of a permittee shall not be a taking 

by the United States. 

SEC. 3603. LAKE TAHOE RESTORATION. 

(a) FINDINGS AND PURPOSES.—The Lake Tahoe Restoration Act 

(Public Law 106–506; 114 Stat. 2351) is amended by striking section 

2 and inserting the following: 

‘‘SEC. 2. FINDINGS AND PURPOSES. 

‘‘(a) FINDINGS.—Congress finds that— 

‘‘(1) Lake Tahoe— 

‘‘(A) is one of the largest, deepest, and clearest lakes 

in the world; 

‘‘(B) has a cobalt blue color, a biologically diverse alpine 

setting, and remarkable water clarity; and 

‘‘(C) is recognized nationally and worldwide as a natural resource of special significance; 

‘‘(2) in addition to being a scenic and ecological treasure, 

the Lake Tahoe Basin is one of the outstanding recreational 

resources of the United States, which— 

‘‘(A) offers skiing, water sports, biking, camping, and 

hiking to millions of visitors each year; and 

‘‘(B) contributes significantly to the economies of California, Nevada, and the United States; 

‘‘(3) the economy in the Lake Tahoe Basin is dependent 

on the conservation and restoration of the natural beauty and 

recreation opportunities in the area; 

‘‘(4) the ecological health of the Lake Tahoe Basin continues 

to be challenged by the impacts of land use and transportation 

patterns developed in the last century; 

‘‘(5) the alteration of wetland, wet meadows, and stream 

zone habitat have compromised the capacity of the watershed 

to filter sediment, nutrients, and pollutants before reaching 

Lake Tahoe; 

‘‘(6) forests in the Lake Tahoe Basin suffer from over a 

century of fire damage and periodic drought, which have 

resulted in— 

‘‘(A) high tree density and mortality; 

‘‘(B) the loss of biological diversity; and 

‘‘(C) a large quantity of combustible forest fuels, which 

significantly increases the threat of catastrophic fire and 

insect infestation; 

‘‘(7) the establishment of several aquatic and terrestrial 

invasive species (including perennial pepperweed, milfoil, and 

Asian clam) threatens the ecosystem of the Lake Tahoe Basin; 

‘‘(8) there is an ongoing threat to the economy and ecosystem of the Lake Tahoe Basin of the introduction and 

establishment of other invasive species (such as yellow 

starthistle, New Zealand mud snail, Zebra mussel, and quagga 

mussel); 

‘‘(9) 78 percent of the land in the Lake Tahoe Basin is 

administered by the Federal Government, which makes it a 

Federal responsibility to restore ecological health to the Lake 

Tahoe Basin; 

‘‘(10) the Federal Government has a long history of environmental stewardship at Lake Tahoe, including— 


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‘‘(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; 


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‘‘(D) $98,900,000 from units of local government; and 

‘‘(E) $338,900,000 from private interests; 

‘‘(16) significant additional investment from Federal, State, 

local, and private sources is necessary— 

‘‘(A) to restore and sustain the ecological health of 

the Lake Tahoe Basin; 

‘‘(B) to adapt to the impacts of fluctuating water 

temperature and precipitation; and 

‘‘(C) to prevent the introduction and establishment of 

invasive species in the Lake Tahoe Basin; and 

‘‘(17) the Secretary has indicated that the Lake Tahoe 

Basin Management Unit has the capacity for at least 

$10,000,000 annually for the Fire Risk Reduction and Forest 

Management Program. 

‘‘(b) PURPOSES.—The purposes of this Act are— 

‘‘(1) to enable the Chief of the Forest Service, the Director 

of the United States Fish and Wildlife Service, and the Administrator, in cooperation with the Planning Agency and the States 

of California and Nevada, to fund, plan, and implement significant new environmental restoration activities and forest 

management activities in the Lake Tahoe Basin; 

‘‘(2) to ensure that Federal, State, local, regional, tribal, 

and private entities continue to work together to manage land 

in the Lake Tahoe Basin; 

‘‘(3) to support local governments in efforts related to 

environmental restoration, stormwater pollution control, fire 

risk reduction, and forest management activities; and 

‘‘(4) to ensure that agency and science community representatives in the Lake Tahoe Basin work together— 

‘‘(A) to develop and implement a plan for integrated 

monitoring, assessment, and applied research to evaluate 

the effectiveness of the Environmental Improvement Program; and 

‘‘(B) to provide objective information as a basis for 

ongoing decisionmaking, with an emphasis on decisionmaking relating to resource management in the Lake Tahoe 

Basin.’’. 

(b) DEFINITIONS.—The Lake Tahoe Restoration Act (Public Law 

106–506; 114 Stat. 2351) is amended by striking section 3 and 

inserting the following: 

‘‘SEC. 3. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Environmental Protection Agency. 

‘‘(2) ASSISTANT SECRETARY.—The term ‘Assistant Secretary’ 

means the Assistant Secretary of the Army for Civil Works. 

‘‘(3) CHAIR.—The term ‘Chair’ means the Chair of the Federal Partnership. 

‘‘(4) COMPACT.—The term ‘Compact’ means the Tahoe 

Regional Planning Compact included in the first section of 

Public Law 96–551 (94 Stat. 3233). 

‘‘(5) DIRECTORS.—The term ‘Directors’ means— 

‘‘(A) the Director of the United States Fish and Wildlife 

Service; and 

‘‘(B) the Director of the United States Geological 

Survey. 


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‘‘(6) ENVIRONMENTAL IMPROVEMENT PROGRAM.—The term 

‘Environmental Improvement Program’ means— 

‘‘(A) the Environmental Improvement Program adopted 

by the Planning Agency; and 

‘‘(B) any amendments to the Program. 

‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING CAPACITY.—The 

term ‘environmental threshold carrying capacity’ has the 

meaning given the term in Article II of the Compact. 

‘‘(8) FEDERAL PARTNERSHIP.—The term ‘Federal Partnership’ means the Lake Tahoe Federal Interagency Partnership 

established by Executive Order 13057 (62 Fed. Reg. 41249) 

(or a successor Executive order). 

‘‘(9) FOREST MANAGEMENT ACTIVITY.—The term ‘forest 

management activity’ includes— 

‘‘(A) prescribed burning for ecosystem health and hazardous fuels reduction; 

‘‘(B) mechanical and minimum tool treatment; 

‘‘(C) stream environment zone restoration and other 

watershed and wildlife habitat enhancements; 

‘‘(D) nonnative invasive species management; and 

‘‘(E) other activities consistent with Forest Service 

practices, as the Secretary determines to be appropriate. 

‘‘(10) MAPS.—The term ‘Maps’ means the maps— 

‘‘(A) entitled— 

‘‘(i) ‘LTRA USFS–CA Land Exchange/North Shore’; 

‘‘(ii) ‘LTRA USFS–CA Land Exchange/West Shore’; 

and 

‘‘(iii) ‘LTRA USFS–CA Land Exchange/South 

Shore’; and 

‘‘(B) dated January 4, 2016, and on file and available 

for public inspection in the appropriate offices of— 

‘‘(i) the Forest Service; 

‘‘(ii) the California Tahoe Conservancy; and 

‘‘(iii) the California Department of Parks and 

Recreation. 

‘‘(11) NATIONAL WILDLAND FIRE CODE.—The term ‘national 

wildland fire code’ means— 

‘‘(A) the most recent publication of the National Fire 

Protection Association codes numbered 1141, 1142, 1143, 

and 1144; 

‘‘(B) the most recent publication of the International 

Wildland-Urban Interface Code of the International Code 

Council; or 

‘‘(C) any other code that the Secretary determines provides the same, or better, standards for protection against 

wildland fire as a code described in subparagraph (A) or 

(B). 

‘‘(12) PLANNING AGENCY.—The term ‘Planning Agency’ 

means the Tahoe Regional Planning Agency established under 

Public Law 91–148 (83 Stat. 360) and Public Law 96–551 

(94 Stat. 3233). 

‘‘(13) PRIORITY LIST.—The term ‘Priority List’ means the 

environmental restoration priority list developed under section 

5(b). 

‘‘(14) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest 

Service. 


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‘‘(15) STREAM ENVIRONMENT ZONE.—The term ‘Stream 

Environment Zone’ means an area that generally owes the 

biological and physical characteristics of the area to the presence of surface water or groundwater. 

‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The term ‘total maximum daily load’ means the total maximum daily load allocations adopted under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)). 

‘‘(17) WATERCRAFT.—The term ‘watercraft’ means motorized 

and non-motorized watercraft, including boats, seaplanes, personal watercraft, kayaks, and canoes.’’. 

(c) IMPROVED ADMINISTRATION OF THE LAKE TAHOE BASIN

MANAGEMENT UNIT.—Section 4 of the Lake Tahoe Restoration Act 

(Public Law 106–506; 114 Stat. 2353) is amended— 

(1) in subsection (b)(3), by striking ‘‘basin’’ and inserting 

‘‘Basin’’; and 

(2) by adding at the end the following: 

‘‘(c) FOREST MANAGEMENT ACTIVITIES.— 

‘‘(1) COORDINATION.— 

‘‘(A) IN GENERAL.—In conducting forest management 

activities in the Lake Tahoe Basin Management Unit, the 

Secretary shall, as appropriate, coordinate with the 

Administrator and State and local agencies and organizations, including local fire departments and volunteer 

groups. 

‘‘(B) GOALS.—The coordination of activities under 

subparagraph (A) should aim to increase efficiencies and 

maximize the compatibility of management practices across 

public property boundaries. 

‘‘(2) MULTIPLE BENEFITS.— 

‘‘(A) IN GENERAL.—In conducting forest management 

activities in the Lake Tahoe Basin Management Unit, the 

Secretary shall conduct the activities in a manner that— 

‘‘(i) except as provided in subparagraph (B), attains 

multiple ecosystem benefits, including— 

‘‘(I) reducing forest fuels; 

‘‘(II) maintaining biological diversity; 

‘‘(III) improving wetland and water quality, 

including in Stream Environment Zones; and 

‘‘(IV) increasing resilience to changing water 

temperature and precipitation; and 

‘‘(ii) helps achieve and maintain the environmental 

threshold carrying capacities established by the Planning Agency. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph 

(A)(i), the attainment of multiple ecosystem benefits shall 

not be required if the Secretary determines that management for multiple ecosystem benefits would excessively 

increase the cost of a program in relation to the additional 

ecosystem benefits gained from the management activity. 

‘‘(3) GROUND DISTURBANCE.—Consistent with applicable 

Federal law and Lake Tahoe Basin Management Unit land 

and resource management plan direction, the Secretary shall— 

‘‘(A) establish post-program ground condition criteria 

for ground disturbance caused by forest management activities; and 


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‘‘(B) provide for monitoring to ascertain the attainment 

of the post-program conditions. 

‘‘(4) AVAILABILITY OF CATEGORICAL EXCLUSION FOR CERTAIN

FOREST MANAGEMENT PROJECTS.—A forest management activity 

conducted in the Lake Tahoe Basin Management Unit for the 

purpose of reducing forest fuels is categorically excluded from 

the requirements of the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) if the forest management 

activity— 

‘‘(A) notwithstanding section 423 of the Department 

of the Interior, Environment, and Related Agencies Appropriations Act, 2009 (division E of Public Law 111–8; 123 

Stat. 748), does not exceed 10,000 acres, including not 

more than 3,000 acres of mechanical thinning; 

‘‘(B) is developed— 

‘‘(i) in coordination with impacted parties, specifically including representatives of local governments, 

such as county supervisors or county commissioners; 

and 

‘‘(ii) in consultation with other interested parties; 

and 

‘‘(C) is consistent with the Lake Tahoe Basin Management Unit land and resource management plan. 

‘‘(d) WITHDRAWAL OF FEDERAL LAND.— 

‘‘(1) IN GENERAL.—Subject to valid existing rights and paragraph (2), the Federal land located in the Lake Tahoe Basin 

Management Unit is withdrawn from— 

‘‘(A) all forms of entry, appropriation, or disposal under 

the public land laws; 

‘‘(B) location, entry, and patent under the mining laws; 

and 

‘‘(C) disposition under all laws relating to mineral and 

geothermal leasing. 

‘‘(2) EXCEPTIONS.—A conveyance of land shall be exempt 

from withdrawal under this subsection if carried out under— 

‘‘(A) this Act; or 

‘‘(B) Public Law 96–586 (94 Stat. 3381) (commonly 

known as the ‘Santini-Burton Act’). 

‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING CAPACITY.—The 

Lake Tahoe Basin Management Unit shall support the attainment 

of the environmental threshold carrying capacities. 

‘‘(f) COOPERATIVE AUTHORITIES.—During the 4 fiscal years following the date of enactment of the Water Resources Development 

Act of 2016, the Secretary, in conjunction with land adjustment 

programs, may enter into contracts and cooperative agreements 

with States, units of local government, and other public and private 

entities to provide for fuel reduction, erosion control, reforestation, 

Stream Environment Zone restoration, and similar management 

activities on Federal land and non-Federal land within the programs.’’. 

(d) AUTHORIZED PROGRAMS.—The Lake Tahoe Restoration Act 

(Public Law 106–506; 114 Stat. 2351) is amended by striking section 

5 and inserting the following: 

‘‘SEC. 5. AUTHORIZED PROGRAMS. 

‘‘(a) IN GENERAL.—The Secretary, the Assistant Secretary, the 

Directors, and the Administrator, in coordination with the Planning 


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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. 


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‘‘(ii) Competitive grants for fuels work to be 

awarded by the Secretary to communities that have 

adopted national wildland fire codes to implement the 

applicable portion of the 10-year plan described in 

clause (i). 

‘‘(iii) Biomass programs, including feasibility 

assessments. 

‘‘(iv) Angora Fire Restoration under the jurisdiction 

of the Secretary. 

‘‘(v) Washoe Tribe programs on tribal lands within 

the Lake Tahoe Basin. 

‘‘(vi) Development of an updated Lake Tahoe Basin 

multijurisdictional fuel reduction and wildfire prevention strategy, consistent with section 4(c). 

‘‘(vii) Development of updated community wildfire 

protection plans by local fire districts. 

‘‘(viii) Municipal water infrastructure that significantly improves the firefighting capability of local 

government within the Lake Tahoe Basin. 

‘‘(ix) Stewardship end result contracting projects 

carried out under section 604 of the Healthy Forests 

Restoration Act of 2003 (16 U.S.C. 6591c). 

‘‘(B) MINIMUM ALLOCATION.—Of the amounts made 

available to the Secretary to carry out subparagraph (A), 

at least $100,000,000 shall be used by the Secretary for 

programs under subparagraph (A)(i). 

‘‘(C) PRIORITY.—Units of local government that have 

dedicated funding for inspections and enforcement of defensible space regulations shall be given priority for amounts 

provided under this paragraph. 

‘‘(D) COST-SHARING REQUIREMENTS.— 

‘‘(i) IN GENERAL.—As a condition on the receipt 

of funds, communities or local fire districts that receive 

funds under this paragraph shall provide a 25-percent 

match. 

‘‘(ii) FORM OF NON-FEDERAL SHARE.— 

‘‘(I) IN GENERAL.—The non-Federal share 

required under clause (i) may be in the form of 

cash contributions or in-kind contributions, 

including providing labor, equipment, supplies, 

space, and other operational needs. 

‘‘(II) CREDIT FOR CERTAIN DEDICATED

FUNDING.—There shall be credited toward the nonFederal 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 inkind contributions; and 

‘‘(BB) the manner in which the inkind contributions assist in accomplishing 

program goals and objectives; and 


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‘‘(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 


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of aquatic invasive species into Lake Tahoe than the strategies and criteria developed under subparagraphs (B) and 

(C), respectively. 

‘‘(I) SUPPLEMENTAL AUTHORITY.—The authority under 

this paragraph is supplemental to all actions taken by 

non-Federal regulatory authorities. 

‘‘(J) SAVINGS CLAUSE.—Nothing in this title restricts, 

affects, or amends any other law or the authority of any 

department, instrumentality, or agency of the United 

States, or any State or political subdivision thereof, 

respecting the control of invasive species. 

‘‘(3) STORMWATER MANAGEMENT, EROSION CONTROL, AND

TOTAL WATERSHED RESTORATION.—Of the amounts made available under section 10(a), $113,000,000 shall be made available— 

‘‘(A) to the Secretary, the Secretary of the Interior, 

the Assistant Secretary, or the Administrator for the Federal share of stormwater management and related programs consistent with the adopted Total Maximum Daily 

Load and near-shore water quality goals; 

‘‘(B) for grants by the Secretary and the Administrator 

to carry out the programs described in subparagraph (A); 

‘‘(C) to the Secretary or the Assistant Secretary for 

the Federal share of the Upper Truckee River restoration 

programs and other watershed restoration programs identified in the Priority List established under section 5(b); 

and 

‘‘(D) for grants by the Administrator to carry out the 

programs described in subparagraph (C). 

‘‘(4) SPECIAL STATUS SPECIES MANAGEMENT.—Of the 

amounts made available under section 10(a), $20,000,000 shall 

be made available to the Director of the United States Fish 

and Wildlife Service for the Lahontan Cutthroat Trout Recovery 

Program.’’. 

(e) PROGRAM PERFORMANCE AND ACCOUNTABILITY.—The Lake 

Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is 

amended by striking section 6 and inserting the following: 

‘‘SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

‘‘(a) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 

‘‘(1) IN GENERAL.—Of the amounts made available under 

section 10(a), not less than $5,000,000 shall be made available 

to the Secretary to carry out this section. 

‘‘(2) PLANNING AGENCY.—Of the amounts described in paragraph (1), not less than 50 percent shall be made available 

to the Planning Agency to carry out the program oversight 

and coordination activities established under subsection (d). 

‘‘(b) CONSULTATION.—In carrying out this Act, the Secretary, 

the Administrator, and the Directors shall, as appropriate and 

in a timely manner, consult with the heads of the Washoe Tribe, 

applicable Federal, State, regional, and local governmental agencies, 

and the Lake Tahoe Federal Advisory Committee. 

‘‘(c) CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.— 

‘‘(1) IN GENERAL.—The Assistant Secretary may enter into 

interagency agreements with non-Federal interests in the Lake 


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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; 


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‘‘(3) accomplishments in the preceding fiscal year in implementing this Act in accordance with the performance measures 

and other monitoring and assessment activities; and 

‘‘(4) public education and outreach efforts undertaken to 

implement programs authorized under this Act. 

‘‘(f) ANNUAL BUDGET PLAN.—As part of the annual budget 

of the President, the President shall submit information regarding 

each Federal agency involved in the Environmental Improvement 

Program (including the Forest Service, the Environmental Protection Agency, the United States Fish and Wildlife Service, the United 

States Geological Survey, and the Corps of Engineers), including— 

‘‘(1) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out 

restoration activities relating to the Environmental Improvement Program for the following fiscal year; 

‘‘(2) a detailed accounting of all amounts received and obligated by Federal agencies to achieve the goals of the Environmental Improvement Program during the preceding fiscal year; 

and 

‘‘(3) a description of the Federal role in the Environmental 

Improvement Program, including the specific role of each 

agency involved in the restoration of the Lake Tahoe Basin.’’. 

(f) CONFORMING AMENDMENTS; UPDATES TO RELATED LAWS.— 

(1) LAKE TAHOE RESTORATION ACT.—The Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended— 

(A) by striking sections 8 and 9; 

(B) by redesignating sections 10, 11, and 12 as sections 

8, 9, and 10, respectively; and 

(C) in section 9 (as redesignated by subparagraph (B)) 

by inserting ‘‘, Director, or Administrator’’ after ‘‘Secretary’’. 

(2) TAHOE REGIONAL PLANNING COMPACT.—Subsection (c) 

of Article V of the Tahoe Regional Planning Compact (Public 

Law 96–551; 94 Stat. 3240) is amended in the third sentence 

by inserting ‘‘and, in so doing, shall ensure that the regional 

plan reflects changing economic conditions and the economic 

effect of regulation on commerce’’ after ‘‘maintain the regional 

plan’’. 

(3) TREATMENT UNDER TITLE 49, UNITED STATES CODE.— 

Section 5303(r)(2)(C) of title 49, United States Code, is 

amended— 

(A) by inserting ‘‘and 25 square miles of land area’’ 

after ‘‘145,000’’; and 

(B) by inserting ‘‘and 12 square miles of land area’’ 

after ‘‘65,000’’. 

(g) AUTHORIZATION OF APPROPRIATIONS.—The Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended 

by striking section 10 (as redesignated by subsection (f)(1)(B)) and 

inserting the following: 

‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this Act $415,000,000 for a period 

of 7 fiscal years beginning the first fiscal year after the date 

of enactment of the Water Resources Development Act of 2016. 

‘‘(b) EFFECT ON OTHER FUNDS.—Amounts authorized under this 

section and any amendments made by this Act— 


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‘‘(1) shall be in addition to any other amounts made available to the Secretary, the Administrator, or the Directors for 

expenditure in the Lake Tahoe Basin; and 

‘‘(2) shall not reduce allocations for other Regions of the 

Forest Service, the Environmental Protection Agency, or the 

United States Fish and Wildlife Service. 

‘‘(c) COST-SHARING REQUIREMENT.—Except as provided in subsection (d) and section 5(d)(1)(D), funds for activities carried out 

under section 5 shall be available for obligation on a 1-to-1 basis 

with funding of restoration activities in the Lake Tahoe Basin 

by the States of California and Nevada. 

‘‘(d) RELOCATION COSTS.—Notwithstanding subsection (c), the 

Secretary shall provide to local utility districts two-thirds of the 

costs of relocating facilities in connection with— 

‘‘(1) environmental restoration programs under sections 5 

and 6; and 

‘‘(2) erosion control programs under section 2 of Public 

Law 96–586 (94 Stat. 3381). 

‘‘(e) SIGNAGE.—To the maximum extent practicable, a program 

provided assistance under this Act shall include appropriate signage 

at the program site that— 

‘‘(1) provides information to the public on— 

‘‘(A) the amount of Federal funds being provided to 

the program; and 

‘‘(B) this Act; and 

‘‘(2) displays the visual identity mark of the Environmental 

Improvement Program.’’. 

(1) LAND TRANSFERS TO IMPROVE MANAGEMENT EFFICIENCIES OF FEDERAL AND STATE LAND.—Section 3(b) of Public 

Law 96–586 (94 Stat. 3384) (commonly known as the ‘‘SantiniBurton Act’’) is amended— 

(A) by striking ‘‘(b) Lands’’ and inserting the following: 

‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— 

‘‘(1) IN GENERAL.—Land’’; and 

(B) by adding at the end the following: 

‘‘(2) CALIFORNIA CONVEYANCES.— 

‘‘(A) IN GENERAL.—If the State of California (acting 

through the California Tahoe Conservancy and the California Department of Parks and Recreation) offers to donate 

to the United States the non-Federal land described in 

subparagraph (B)(i), the Secretary— 

‘‘(i) may accept the offer; and 

‘‘(ii) convey to the State of California, subject to 

valid existing rights and for no consideration, all right, 

title, and interest of the United States in and to the 

Federal land. 

‘‘(B) DESCRIPTION OF LAND.— 

‘‘(i) NON-FEDERAL LAND.—The non-Federal land 

referred to in subparagraph (A) includes— 

‘‘(I) the approximately 1,936 acres of land 

administered by the California Tahoe Conservancy 

and identified on the Maps as ‘Tahoe Conservancy 

to the USFS’; and 

‘‘(II) the approximately 183 acres of land 

administered by California State Parks and identified on the Maps as ‘Total USFS to California’. 


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‘‘(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 


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‘‘(iii) be subject to the condition that the applicable 

deed include such terms, restrictions, covenants, conditions, and reservations as the Secretary determines 

necessary— 

‘‘(I) to ensure compliance with this Act; and 

‘‘(II) to ensure that the development rights 

associated with the conveyed parcels shall not be 

recognized or available for transfer under section 

90.2 of the Code of Ordinances for the Tahoe 

Regional Planning Agency. 

‘‘(D) CONTINUATION OF SPECIAL USE PERMITS.—The 

land conveyance under this paragraph shall be subject 

to the condition that the State of Nevada accept all special 

use permits applicable, as of the date of enactment of 

the Water Resources Development Act of 2016, to the land 

described in subparagraph (B)(ii) for the duration of the 

special use permits, and subject to the terms and conditions 

of the special use permits. 

‘‘(4) AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE

URBAN LOTS.— 

‘‘(A) CONVEYANCE AUTHORITY.—Except in the case of 

land described in paragraphs (2) and (3), the Secretary 

of Agriculture may convey any urban lot within the Lake 

Tahoe Basin under the administrative jurisdiction of the 

Forest Service. 

‘‘(B) CONSIDERATION.—A conveyance under subparagraph (A) shall require consideration in an amount equal 

to the fair market value of the conveyed lot. 

‘‘(C) AVAILABILITY AND USE.—The proceeds from a 

conveyance under subparagraph (A) shall be retained by 

the Secretary of Agriculture and used for— 

‘‘(i) purchasing inholdings throughout the Lake 

Tahoe Basin; or 

‘‘(ii) providing additional funds to carry out the 

Lake Tahoe Restoration Act (Public Law 106–506; 114 

Stat. 2351) in excess of amounts made available under 

section 10 of that Act. 

‘‘(D) OBLIGATION LIMIT.—The obligation and expenditure of proceeds retained under this paragraph shall be 

subject to such fiscal year limitation as may be specified 

in an Act making appropriations for the Forest Service 

for a fiscal year. 

‘‘(5) REVERSION.—If a parcel of land transferred under paragraph (2) or (3) is used in a manner that is inconsistent with 

the use described for the parcel of land in paragraph (2) or 

(3), respectively, the parcel of land, shall, at the discretion 

of the Secretary, revert to the United States. 

‘‘(6) FUNDING.— 

‘‘(A) IN GENERAL.—Of the amounts made available 

under section 10(a) of the Lake Tahoe Restoration Act 

(Public Law 106–506; 114 Stat. 2351), $2,000,000 shall 

be made available to the Secretary to carry out the activities under paragraphs (2), (3), and (4). 

‘‘(B) OTHER FUNDS.—Of the amounts available to the 

Secretary under paragraph (1), not less than 50 percent 

shall be provided to the California Tahoe Conservancy to 


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facilitate the conveyance of land described in paragraphs 

(2) and (3).’’. 

SEC. 3604. TUOLUMNE BAND OF ME-WUK INDIANS. 

(a) FEDERAL LAND.—Subject to valid existing rights, all right, 

title, and interest (including improvements and appurtenances) of 

the United States in and to the Federal land described in subsection 

(b) shall be held in trust by the United States for the benefit 

of the Tuolumne Band of Me-Wuk Indians for nongaming purposes. 

(b) LAND DESCRIPTION.—The land taken into trust under subsection (a) is the approximately 80 acres of Federal land under 

the administrative jurisdiction of the United States Forest Service, 

located in Tuolumne County, California, and described as follows: 

(1) Southwest 1/4 of Southwest 1/4 of Section 2, Township 

1 North, Range 16 East. 

(2) Northeast 1/4 of Northwest 1/4 of Section 11, Township 

1 North, Range 16 East of the Mount Diablo Meridian. 

(c) GAMING.—Class II and class III gaming (as those terms 

are defined in section 4 of the Indian Gaming Regulatory Act 

(25 U.S.C. 2703)) shall not be permitted at any time on the land 

taken into trust under subsection (a). 

SEC. 3605. SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION. 

(a) SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION.— 

The San Luis Rey Indian Water Rights Settlement Act (Public 

Law 100–675) is amended by inserting after section 111 the following: 

‘‘SEC. 112. IMPLEMENTATION OF SETTLEMENT. 

‘‘(a) FINDINGS.—Congress finds and recognizes as follows: 

‘‘(1) The City of Escondido, California, the Vista Irrigation 

District, the San Luis Rey River Indian Water Authority, and 

the Bands have approved an agreement, dated December 5, 

2014, resolving their disputes over the use of certain land 

and water rights in or near the San Luis Rey River watershed, 

the terms of which are consistent with this Act. 

‘‘(2) The Bands, the San Luis Rey River Indian Water 

Authority, the City of Escondido, California, the Vista Irrigation 

District, and the United States have approved a Settlement 

Agreement dated January 30, 2015 (hereafter in this section 

referred to as the ‘Settlement Agreement’) that conforms to 

the requirements of this Act. 

‘‘(b) APPROVAL AND RATIFICATION.—All provisions of the Settlement Agreement, including the waivers and releases of the liability 

of the United States, the provisions regarding allottees, and the 

provision entitled ‘Effect of Settlement Agreement and Act,’ are 

hereby approved and ratified. 

‘‘(c) AUTHORIZATIONS.—The Secretary and the Attorney General 

are authorized to execute, on behalf of the United States, the 

Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent 

with this Act. Such execution shall not constitute a major Federal 

action under the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). The Secretary is further authorized and 

directed to take all steps that the Secretary may deem necessary 

or appropriate to implement the Settlement Agreement and this 

Act. 


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‘‘(d) CONTINUED FEDERALLY RESERVED AND OTHER WATER

RIGHTS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, including any provisions in this Act, the Bands had, have, 

and continue to possess federally reserved rights and other 

water rights held in trust by the United States. 

‘‘(2) FUTURE PROCEEDINGS.—In any proceeding involving 

the assertion, enforcement, or defense of the rights described 

in this subsection, the United States, in its capacity as trustee 

for any Band, shall not be a required party and any decision 

by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise 

to any claim for relief against the United States. 

‘‘(e) ALLOTTEES.—Congress finds and confirms that the benefits 

to allottees in the Settlement Agreement, including the remedies 

and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the 

Bands or the Indian Water Authority, are equitable and fully satisfy 

the water rights of the allottees. 

‘‘(f) NO PRECEDENT.—Nothing in this Act shall be construed 

or interpreted as a precedent for the litigation or settlement of 

Indian reserved water rights.’’. 

(b) DISBURSEMENT OF FUNDS.—The second sentence of section 

105(b)(1) of the San Luis Rey Indian Water Rights Settlement 

Act (Public Law 100–675) is amended by striking the period at 

the end, and inserting the following: ‘‘, provided that— 

‘‘(i) no more than $3,700,000 per year (in principal, 

interest or both) may be so allocated; and 

‘‘(ii) none of the funds made available by this section shall be available unless the Director of the Office 

of Management and Budget first certifies in writing 

to the Committee on Natural Resources of the House 

of Representatives and the Committee on Indian 

Affairs of the Senate that the federal budget will record 

budgetary outlays from the San Luis Rey Tribal 

Development Fund of only the monies, not to exceed 

$3,700,000 annually, that the Secretary of the 

Treasury, pursuant to this section, allocates and makes 

available to the Indian Water Authority from the trust 

fund.’’. 

SEC. 3606. TULE RIVER INDIAN TRIBE. 

(a) IN GENERAL.—Subject to subsection (b), valid, existing 

rights, and management agreements related to easements and 

rights-of-way, all right, title, and interest (including improvements 

and appurtenances) of the United States in and to the approximately 34 acres of Federal lands generally depicted on the map 

titled ‘‘Proposed Lands to be Held in Trust for the Tule River 

Tribe’’ and dated May 14, 2015, are hereby held in trust by the 

United States for the benefit of the Tule River Indian Tribe. 

(b) EASEMENTS AND RIGHTS-OF-WAY.—For the purposes of subsection (a), valid, existing rights include any easement or rightof-way for which an application is pending with the Bureau of 

Land Management on the date of the enactment of this Act. If 

such application is denied upon final action, the valid, existing 

right related to the application shall cease to exist. 


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(c) AVAILABILITY OF MAP.—The map referred to in subsection 

(a) shall be on file and available for public inspection at the office 

of the California State Director, Bureau of Land Management. 

(d) CONVERSION OF VALID, EXISTING RIGHTS.— 

(1) CONTINUITY OF USE.—Any person claiming in good faith 

to have valid, existing rights to lands taken into trust by 

this section may continue to exercise such rights to the same 

extent that the rights were exercised before the date of the 

enactment of this Act until the Secretary makes a determination on an application submitted under paragraph (2)(B) or 

the application is deemed to be granted under paragraph (3). 

(2) NOTICE AND APPLICATION.—Consistent with sections 

2800 through 2880 of title 43, Code of Federal Regulations, 

as soon as practicable after the date of the enactment of this 

Act, the Secretary of the Interior shall notify any person that 

claims to have valid, existing rights, such as a management 

agreement, easement, or other right-of-way, to lands taken 

into trust under subsection (a) that— 

(A) such lands have been taken into trust; and 

(B) the person claiming the valid, existing rights has 

60 days to submit an application to the Secretary 

requesting that the valid, existing rights be converted to 

a long-term easement or other right-of-way. 

(3) DETERMINATION.—The Secretary of the Interior shall 

grant or deny an application submitted under paragraph (2)(B) 

not later than 180 days after the application is submitted. 

Such a determination shall be considered a final action. If 

the Secretary does not make a determination within 180 days 

after the application is submitted, the application shall be 

deemed to be granted. 

(e) RESTRICTION ON GAMING.—Lands taken into trust pursuant 

to subsection (a) shall not be considered to have been taken into 

trust for, and shall not be eligible for, class II gaming or class 

III gaming (as those terms are defined in section 4 of the Indian 

Gaming Regulatory Act (25 U.S.C. 2703)). 

SEC. 3607. MORONGO BAND OF MISSION INDIANS. 

(a) DEFINITIONS.—For the purposes of this section, the following 

definitions apply: 

(1) BANNING.—The term ‘‘Banning’’ means the City of Banning, which is located in Riverside County, California adjacent 

to the Morongo Indian Reservation. 

(2) FIELDS.—The term ‘‘Fields’’ means Lloyd L. Fields, the 

owner of record of Parcel A. 

(3) MAP.—The term ‘‘map’’ means the map entitled 

‘Morongo Indian Reservation, County of Riverside, State of 

California Land Exchange Map’, and dated May 22, 2014, which 

is on file in the Bureau of Land Management State Office 

in Sacramento, California. 

(4) PARCEL A.—The term ‘‘Parcel A’’ means the approximately 41.15 acres designated on the map as ‘‘Fields lands’’. 

(5) PARCEL B.—The term ‘‘Parcel B’’ means the approximately 41.15 acres designated on the map as ‘‘Morongo lands’’. 

(6) PARCEL C.—The term ‘‘Parcel C’’ means the approximately 1.21 acres designated on the map as ‘‘Banning land’’. 


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(7) PARCEL D.—The term ‘‘Parcel D’’ means the approximately 1.76 acres designated on the map as ‘‘Easement to 

Banning’’. 

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(9) TRIBE.—The term ‘‘Tribe’’ means the Morongo Band 

of Mission Indians, a federally recognized Indian tribe. 

(b) TRANSFER OF LANDS; TRUST LANDS, EASEMENT.— 

(1) TRANSFER OF PARCEL A AND PARCEL B AND EASEMENT

OVER PARCEL D.—Subject to any valid existing rights of any 

third parties and to legal review and approval of the form 

and content of any and all instruments of conveyance and 

policies of title insurance, upon receipt by the Secretary of 

confirmation that Fields has duly executed and deposited with 

a mutually acceptable and jointly instructed escrow holder in 

California a deed conveying clear and unencumbered title to 

Parcel A to the United States in trust for the exclusive use 

and benefit of the Tribe, and upon receipt by Fields of confirmation that the Secretary has duly executed and deposited into 

escrow with the same mutually acceptable and jointly 

instructed escrow holder a patent conveying clear and 

unencumbered title in fee simple to Parcel B to Fields and 

has duly executed and deposited into escrow with the same 

mutually acceptable and jointly instructed escrow holder an 

easement to the City for a public right-of-way over Parcel 

D, the Secretary shall instruct the escrow holder to simultaneously cause— 

(A) the patent to Parcel B to be recorded and issued 

to Fields; 

(B) the easement over Parcel D to be recorded and 

issued to the City; and 

(C) the deed to Parcel A to be delivered to the Secretary, who shall immediately cause said deed to be 

recorded and held in trust for the Tribe. 

(2) TRANSFER OF PARCEL C.—After the simultaneous 

transfer of parcels A, B, and D under paragraph (1), upon 

receipt by the Secretary of confirmation that the City has 

vacated its interest in Parcel C pursuant to all applicable 

State and local laws, the Secretary shall immediately cause 

Parcel C to be held in trust for the Tribe subject to— 

(A) any valid existing rights of any third parties; and 

(B) legal review and approval of the form and content 

of any and all instruments of conveyance. 

SEC. 3608. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW 

NATION WATER SETTLEMENT. 

(a) PURPOSES.—The purposes of this section are— 

(1) to permanently resolve and settle those claims to Settlement Area Waters of the Choctaw Nation of Oklahoma and 

the Chickasaw Nation as set forth in the Settlement Agreement 

and this section, including all claims or defenses in and to 

Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11– 

927 (W.D. Ok.), OWRB v. United States, et al. CIV 12–275 

(W.D. Ok.), or any future stream adjudication; 

(2) to approve, ratify, and confirm the Settlement Agreement; 


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(3) to authorize and direct the Secretary of the Interior 

to execute the Settlement Agreement and to perform all obligations of the Secretary of the Interior under the Settlement 

Agreement and this section; 

(4) to approve, ratify, and confirm the amended storage 

contract among the State, the City and the Trust; 

(5) to authorize and direct the Secretary to approve the 

amended storage contract for the Corps of Engineers to perform 

all obligations under the 1974 storage contract, the amended 

storage contract, and this section; and 

(6) to authorize all actions necessary for the United States 

to meet its obligations under the Settlement Agreement, the 

amended storage contract, and this section. 

(b) DEFINITIONS.—In this section: 

(1) 1974 STORAGE CONTRACT.—The term ‘‘1974 storage contract’’ means the contract approved by the Secretary on April 

9, 1974, between the Secretary and the Water Conservation 

Storage Commission of the State of Oklahoma pursuant to 

section 301 of the Water Supply Act of 1958, and other 

applicable Federal law. 

(2) 2010 AGREEMENT.—The term ‘‘2010 agreement’’ means 

the agreement entered into among the OWRB and the Trust, 

dated June 15, 2010, relating to the assignment by the State 

of the 1974 storage contract and transfer of rights, title, 

interests, and obligations under that contract to the Trust, 

including the interests of the State in the conservation storage 

capacity and associated repayment obligations to the United 

States. 

(3) ADMINISTRATIVE SET-ASIDE SUBCONTRACTS.—The term 

‘‘administrative set-aside subcontracts’’ means the subcontracts 

the City shall issue for the use of Conservation Storage Capacity 

in Sardis Lake as provided by section 4 of the amended storage 

contract. 

(4) ALLOTMENT.—The term ‘‘allotment’’ means the land 

within the Settlement Area held by an allottee subject to a 

statutory restriction on alienation or held by the United States 

in trust for the benefit of an allottee. 

(5) ALLOTTEE.—The term ‘‘allottee’’ means an enrolled 

member of the Choctaw Nation or citizen of the Chickasaw 

Nation who, or whose estate, holds an interest in an allotment. 

(6) AMENDED PERMIT APPLICATION.—The term ‘‘amended 

permit application’’ means the permit application of the City 

to the OWRB, No. 2007–17, as amended as provided by the 

Settlement Agreement. 

(7) AMENDED STORAGE CONTRACT TRANSFER AGREEMENT; 

AMENDED STORAGE CONTRACT.—The terms ‘‘amended storage 

contract transfer agreement’’ and ‘‘amended storage contract’’ 

mean the 2010 Agreement between the City, the Trust, and 

the OWRB, as amended, as provided by the Settlement Agreement and this section. 

(8) ATOKA AND SARDIS CONSERVATION PROJECTS FUND.— The term ‘‘Atoka and Sardis Conservation Projects Fund’’ 

means the Atoka and Sardis Conservation Projects Fund established, funded, and managed in accordance with the Settlement 

Agreement. 

(9) CITY.—The term ‘‘City’’ means the City of Oklahoma 

City, or the City and the Trust acting jointly, as applicable. 


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(10) CITY PERMIT.—The term ‘‘City permit’’ means any 

permit issued to the City by the OWRB pursuant to the 

amended permit application and consistent with the Settlement 

Agreement. 

(11) CONSERVATION STORAGE CAPACITY.—The term ‘‘conservation storage capacity’’ means the total storage space as 

stated in the 1974 storage contract in Sardis Lake between 

elevations 599.0 feet above mean sea level and 542.0 feet above 

mean sea level, which is estimated to contain 297,200 acrefeet 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. 


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(viii) McClain. 

(ix) Murray. 

(x) Haskell. 

(xi) Hughes. 

(xii) Jefferson. 

(xiii) Johnston. 

(xiv) Latimer. 

(xv) LeFlore. 

(xvi) Love. 

(xvii) Marshall. 

(xviii) McCurtain. 

(xix) Pittsburgh. 

(xx) Pontotoc. 

(xxi) Pushmataha. 

(xxii) Stephens. 

(19) SETTLEMENT AREA WATERS.—The term ‘‘settlement 

area waters’’ means the waters located— 

(A) within the settlement area; and 

(B) within a basin depicted in Exhibit 10 to the Settlement Agreement, including any of the following basins 

as denominated in the 2012 Update of the Oklahoma Comprehensive Water Plan: 

(i) Beaver Creek (24, 25, and 26). 

(ii) Blue (11 and 12). 

(iii) Clear Boggy (9). 

(iv) Kiamichi (5 and 6). 

(v) Lower Arkansas (46 and 47). 

(vi) Lower Canadian (48, 56, 57, and 58). 

(vii) Lower Little (2). 

(viii) Lower Washita (14). 

(ix) Mountain Fork (4). 

(x) Middle Washita (15 and 16). 

(xi) Mud Creek (23). 

(xii) Muddy Boggy (7 and 8). 

(xiii) Poteau (44 and 45). 

(xiv) Red River Mainstem (1, 10, 13, and 21). 

(xv) Upper Little (3). 

(xvi) Walnut Bayou (22). 

(20) STATE.—The term ‘‘State’’ means the State of Oklahoma. 

(21) TRUST.— 

(A) IN GENERAL.—The term ‘‘Trust’’ means the Oklahoma City Water Utilities Trust, formerly known as the 

Oklahoma City Municipal Improvement Authority, a public 

trust established pursuant to State law with the City as 

the beneficiary. 

(B) REFERENCES.—A reference in this section to ‘‘Trust’’ 

refers to the Oklahoma City Water Utilities Trust, acting 

severally. 

(22) UNITED STATES.—The term ‘‘United States’’ means the 

United States of America acting in its capacity as trustee 

for the Nations, their respective members, citizens, and 

allottees, or as specifically stated or limited in any given reference herein, in which case it means the United States of 

America acting in the capacity as set forth in said reference. 

(c) APPROVAL OF THE SETTLEMENT AGREEMENT.— (1) RATIFICATION.— 


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(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— 


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(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 


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(B) after approval under subparagraph (A), the Corps 

of Engineers to manage storage in Sardis Lake pursuant 

to and in accordance with the 1974 storage contract, the 

amended storage contract, and the Settlement Agreement. 

(e) SETTLEMENT AREA WATERS.— 

(1) FINDINGS.—Congress finds that— 

(A) pursuant to the Atoka Agreement as ratified by 

section 29 of the Act of June 28, 1898 (30 Stat. 505, 

chapter 517) (as modified by the Act of July 1, 1902 (32 

Stat. 641, chapter 1362)), the Nations issued patents to 

their respective tribal members and citizens and thereby 

conveyed to individual Choctaws and Chickasaws, all right, 

title, and interest in and to land that was possessed by 

the Nations, other than certain mineral rights; and 

(B) when title passed from the Nations to their respective tribal members and citizens, the Nations did not convey 

and those individuals did not receive any right of regulatory 

or sovereign authority, including with respect to water. 

(2) PERMITTING, ALLOCATION, AND ADMINISTRATION OF

SETTLEMENT AREA WATERS PURSUANT TO THE SETTLEMENT

AGREEMENT.—Beginning on the enforceability date, settlement 

area waters shall be permitted, allocated, and administered 

by the OWRB in accordance with the Settlement Agreement 

and this section. 

(3) CHOCTAW NATION AND CHICKASAW NATION.—Beginning 

on the enforceability date, the Nations shall have the right 

to use and to develop the right to use settlement area waters 

only in accordance with the Settlement Agreement and this 

section. 

(4) WAIVER AND DELEGATION BY NATIONS.—In addition to 

the waivers under subsection (h), the Nations, on their own 

behalf, shall permanently delegate to the State any regulatory 

authority each Nation may possess over water rights on allotments, which the State shall exercise in accordance with the 

Settlement Agreement and this subsection. 

(5) RIGHT TO USE WATER.— 

(A) IN GENERAL.—An allottee may use water on an 

allotment in accordance with the Settlement Agreement 

and this subsection. 

(B) SURFACE WATER USE.— 

(i) IN GENERAL.—An allottee may divert and use, 

on the allotment of the allottee, 6 acre-feet per year 

of surface water per 160 acres, to be used solely for 

domestic uses on an allotment that constitutes riparian 

land under applicable State law as of the date of enactment of this Act. 

(ii) EFFECT OF STATE LAW.—The use of surface 

water described in clause (i) shall be subject to all 

rights and protections of State law, as of the date 

of enactment of this Act, including all protections 

against loss for nonuse. 

(iii) NO PERMIT REQUIRED.—An allottee may divert 

water under this subsection without a permit or any 

other authorization from the OWRB. 

(C) GROUNDWATER USE.— 


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(i) IN GENERAL.—An allottee may drill wells on 

the allotment of the allottee to take and use for 

domestic uses the greater of— 

(I) 5 acre-feet per year; or 

(II) any greater quantity allowed under State 

law. 

(ii) EFFECT OF STATE LAW.—The groundwater use 

described in clause (i) shall be subject to all rights 

and protections of State law, as of the date of enactment of this Act, including all protections against loss 

for nonuse. 

(iii) NO PERMIT REQUIRED.—An allottee may drill 

wells and use water under this subsection without 

a permit or any other authorization from the OWRB. 

(D) FUTURE CHANGES IN STATE LAW.— (i) IN GENERAL.—If State law changes to limit use 

of water to a quantity that is less than the applicable 

quantity specified in subparagraph (B) or (C), as 

applicable, an allottee shall retain the right to use 

water in accord with those subparagraphs, subject to 

paragraphs (6)(B)(iv) and (7). 

(ii) OPPORTUNITY TO BE HEARD.—Prior to taking 

any action to limit the use of water by an individual, 

the OWRB shall provide to the individual an opportunity to demonstrate that the individual is— 

(I) an allottee; and 

(II) using water on the allotment pursuant 

to and in accordance with the Settlement Agreement and this section. 

(6) ALLOTTEE OPTIONS FOR ADDITIONAL WATER.— 

(A) IN GENERAL.—To use a quantity of water in excess 

of the quantities provided under paragraph (5), an allottee 

shall— 

(i) file an action under subparagraph (B); or 

(ii) apply to the OWRB for a permit pursuant 

to, and in accordance with, State law. 

(B) DETERMINATION IN FEDERAL DISTRICT COURT.— 

(i) IN GENERAL.—In lieu of applying to the OWRB 

for a permit to use more water than is allowed under 

paragraph (5), an allottee may file an action in the 

United States District Court for the Western District 

of Oklahoma for determination of the right to water 

of the allottee. At least 90 days prior to filing such 

an action, the allottee shall provide written notice of 

the suit to the United States and the OWRB. For 

the United States, notice shall be provided to the Solicitor’s Office, Department of the Interior, Washington 

D.C., and to the Office of the Regional Director of 

the Muskogee Region, Bureau of Indian Affairs, 

Department of the Interior. 

(ii) JURISDICTION.—For purposes of this subsection— 

(I) the United States District Court for the 

Western District of Oklahoma shall have jurisdiction; and 

(II) as part of the complaint, the allottee shall 

include certification of the pre-filing notice to the 


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United States and OWRB required by subparagraph (B)(i). If such certification is not included 

with the complaint, the complaint will be deemed 

filed 90 days after such certification is complete 

and filed with the court. Within 60 days after 

the complaint is filed or deemed filed or within 

such extended time as the District Court in its 

discretion may permit, the United States may 

appear or intervene. After such appearance, intervention or the expiration of the said 60 days or 

any extension thereof, the proceedings and judgment in such action shall bind the United States 

and the parties thereto without regard to whether 

the United States elects to appear or intervene 

in such action. 

(iii) REQUIREMENTS.—An allottee filing an action 

pursuant to this subparagraph shall— 

(I) join the OWRB as a party; and 

(II) publish notice in a newspaper of general 

circulation within the Settlement Area Hydrologic 

Basin for 2 consecutive weeks, with the first 

publication appearing not later than 30 days after 

the date on which the action is filed. 

(iv) DETERMINATION FINAL.— 

(I) IN GENERAL.—Subject to subclause (II), if 

an allottee elects to have the rights of the allottee 

determined pursuant to this subparagraph, the 

determination shall be final as to any rights under 

Federal law and in lieu of any rights to use water 

on an allotment as provided in paragraph (5). 

(II) RESERVATION OF RIGHTS.—Subclause (I) 

shall not preclude an allottee from— 

(aa) applying to the OWRB for water 

rights pursuant to State law; or 

(bb) using any rights allowed by State 

law that do not require a permit from the 

OWRB. 

(7) OWRB ADMINISTRATION AND ENFORCEMENT.— 

(A) IN GENERAL.—If an allottee exercises any right 

under paragraph (5) or has rights determined under paragraph (6)(B), the OWRB shall have jurisdiction to administer those rights. 

(B) CHALLENGES.—An allottee may challenge OWRB 

administration of rights determined under this paragraph, 

in the United States District Court for the Western District 

of Oklahoma. 

(8) PRIOR EXISTING STATE LAW RIGHTS.—Water rights held 

by an allottee as of the enforceability date pursuant to a permit 

issued by the OWRB shall be governed by the terms of that 

permit and applicable State law (including regulations). 

(f) CITY PERMIT FOR APPROPRIATION OF STREAM WATER FROM

THE KIAMICHI RIVER.—The City permit shall be processed, evaluated, issued, and administered consistent with and in accordance 

with the Settlement Agreement and this section. 

(g) SETTLEMENT COMMISSION.— (1) ESTABLISHMENT.—There is established a Settlement 

Commission. 


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(2) MEMBERS.— (A) IN GENERAL.—The Settlement Commission shall 

be comprised of 5 members, appointed as follows: 

(i) 1 by the Governor of the State. 

(ii) 1 by the Attorney General of the State. 

(iii) 1 by the Chief of the Choctaw Nation. 

(iv) 1 by the Governor of the Chickasaw Nation. 

(v) 1 by agreement of the members described in 

clauses (i) through (iv). 

(B) JOINTLY APPOINTED MEMBER.—If the members 

described in clauses (i) through (iv) of subparagraph (A) 

do not agree on a member appointed pursuant to subparagraph (A)(v)— 

(i) the members shall submit to the Chief Judge 

for the United States District Court for the Eastern 

District of Oklahoma, a list of not less than 3 persons; 

and 

(ii) from the list under clause (i), the Chief Judge 

shall make the appointment. 

(C) INITIAL APPOINTMENTS.—The initial appointments 

to the Settlement Commission shall be made not later 

than 90 days after the enforceability date. 

(3) MEMBER TERMS.— 

(A) IN GENERAL.—Each Settlement Commission 

member shall serve at the pleasure of appointing authority. 

(B) COMPENSATION.—A member of the Settlement 

Commission shall serve without compensation, but an 

appointing authority may reimburse the member appointed 

by the entity for costs associated with service on the Settlement Commission. 

(C) VACANCIES.—If a member of the Settlement 

Commission is removed or resigns, the appointing authority 

shall appoint the replacement member. 

(D) JOINTLY APPOINTED MEMBER.—The member of the 

Settlement Commission described in paragraph (2)(A)(v) 

may be removed or replaced by a majority vote of the 

Settlement Commission based on a failure of the member 

to carry out the duties of the member. 

(4) DUTIES.—The duties and authority of the Settlement 

Commission shall be set forth in the Settlement Agreement, 

and the Settlement Commission shall not possess or exercise 

any duty or authority not stated in the Settlement Agreement. 

(h) WAIVERS AND RELEASES OF CLAIMS.— 

(1) CLAIMS BY THE NATIONS AND THE UNITED STATES AS

TRUSTEE FOR THE NATIONS.—Subject to the retention of rights 

and claims provided in paragraph (3) and except to the extent 

that rights are recognized in the Settlement Agreement or 

this section, the Nations, each in its own right and on behalf 

of itself and its respective citizens and members (but not 

individuals in their capacities as allottees), and the United 

States, acting as a trustee for the Nations (but not individuals 

in their capacities as allottees), shall execute a waiver and 

release of— 

(A) all of the following claims asserted or which could 

have been asserted in any proceeding filed or that could 

have been filed during the period ending on the enforceability date, including Chickasaw Nation, Choctaw Nation 


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v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. United 

States, et al. CIV 12–275 (W.D. Ok.), or any general stream 

adjudication, relating to— 

(i) claims to the ownership of water in the State; 

(ii) claims to water rights and rights to use water 

diverted or taken from a location within the State; 

(iii) claims to authority over the allocation and 

management of water and administration of water 

rights, including authority over third-party ownership 

of or rights to use water diverted or taken from a 

location within the State and ownership or use of water 

on allotments by allottees or any other person using 

water on an allotment with the permission of an 

allottee; 

(iv) claims that the State lacks authority over the 

allocation and management of water and administration of water rights, including authority over the 

ownership of or rights to use water diverted or taken 

from a location within the State; 

(v) any other claim relating to the ownership of 

water, regulation of water, or authorized diversion, 

storage, or use of water diverted or taken from a location within the State, which claim is based on the 

status of the Chickasaw Nation’s or the Choctaw 

Nation’s unique sovereign status and rights as defined 

by Federal law and alleged to arise from treaties to 

which they are signatories, including but not limited 

to the Treaty of Dancing Rabbit Creek, Act of Sept. 

30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of 

Jan. 17, 1837, 11 Stat. 573, and the related March 

23, 1842, patent to the Choctaw Nation; and 

(vi) claims or defenses asserted or which could 

have been asserted in Chickasaw Nation, Choctaw 

Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB 

v. United States, et al. CIV 12–275 (W.D. Ok.), or 

any general stream adjudication; 

(B) all claims for damages, losses or injuries to water 

rights or water, or claims of interference with, diversion, 

storage, taking, or use of water (including claims for injury 

to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) 

attributable to any action by the State, the OWRB, or 

any water user authorized pursuant to State law to take 

or use water in the State, including the City, that accrued 

during the period ending on the enforceability date; 

(C) all claims and objections relating to the amended 

permit application, and the City permit, including— 

(i) all claims regarding regulatory control over or 

OWRB jurisdiction relating to the permit application 

and permit; and 

(ii) all claims for damages, losses or injuries to 

water rights or rights to use water, or claims of interference with, diversion, storage, taking, or use of water 

(including claims for injury to land resulting from the 

damages, losses, injuries, interference with, diversion, 

storage, taking, or use of water) attributable to the 

issuance and lawful exercise of the City permit; 


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(D) all claims to regulatory control over the Permit 

Numbers P80–48 and 54–613 of the City for water rights 

from the Muddy Boggy River for Atoka Reservoir and P73– 

282D for water rights from the Muddy Boggy River, 

including McGee Creek, for the McGee Creek Reservoir; 

(E) all claims that the State lacks regulatory authority 

over or OWRB jurisdiction relating to Permit Numbers 

P80–48 and 54–613 for water rights from the Muddy Boggy 

River for Atoka Reservoir and P73–282D for water rights 

from the Muddy Boggy River, including McGee Creek, for 

the McGee Creek Reservoir; 

(F) all claims to damages, losses or injuries to water 

rights or water, or claims of interference with, diversion, 

storage, taking, or use of water (including claims for injury 

to land resulting from such damages, losses, injuries, interference with, diversion, storage, taking, or use of water) 

attributable to the lawful exercise of Permit Numbers P80– 

48 and 54–613 for water rights from the Muddy Boggy 

River for Atoka Reservoir and P73–282D for water rights 

from the Muddy Boggy River, including McGee Creek, for 

the McGee Creek Reservoir, that accrued during the period 

ending on the enforceability date; 

(G) all claims and objections relating to the approval 

by the Secretary of the assignment of the 1974 storage 

contract pursuant to the amended storage contract; and 

(H) all claims for damages, losses, or injuries to water 

rights or water, or claims of interference with, diversion, 

storage, taking, or use of water (including claims for injury 

to land resulting from such damages, losses, injuries, interference with, diversion, storage, taking, or use of water) 

attributable to the lawful exercise of rights pursuant to 

the amended storage contract. 

(2) WAIVERS AND RELEASES OF CLAIMS BY THE NATIONS

AGAINST THE UNITED STATES.—Subject to the retention of rights 

and claims provided in paragraph (3) and except to the extent 

that rights are recognized in the Settlement Agreement or 

this section, the Nations are authorized to execute a waiver 

and release of all claims against the United States (including 

any agency or employee of the United States) relating to— 

(A) all of the following claims asserted or which could 

have been asserted in any proceeding filed or that could 

have been filed by the United States as a trustee during 

the period ending on the enforceability date, including 

Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 

11–927 (W.D. Ok.) or OWRB v. United States, et al. CIV 

12–275 (W.D. Ok.), or any general stream adjudication, 

relating to— 

(i) claims to the ownership of water in the State; 

(ii) claims to water rights and rights to use water 

diverted or taken from a location within the State; 

(iii) claims to authority over the allocation and 

management of water and administration of water 

rights, including authority over third-party ownership 

of or rights to use water diverted or taken from a 

location within the State and ownership or use of water 

on allotments by allottees or any other person using 


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water on an allotment with the permission of an 

allottee; 

(iv) claims that the State lacks authority over the 

allocation and management of water and administration of water rights, including authority over the 

ownership of or rights to use water diverted or taken 

from a location within the State; 

(v) any other claim relating to the ownership of 

water, regulation of water, or authorized diversion, 

storage, or use of water diverted or taken from a location within the State, which claim is based on the 

status of the Chickasaw Nation’s or the Choctaw 

Nation’s unique sovereign status and rights as defined 

by Federal law and alleged to arise from treaties to 

which they are signatories, including but not limited 

to the Treaty of Dancing Rabbit Creek, Act of Sept. 

30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of 

Jan. 17, 1837, 11 Stat. 573, and the related March 

23, 1842, patent to the Choctaw Nation; and 

(vi) claims or defenses asserted or which could 

have been asserted in Chickasaw Nation, Choctaw 

Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB 

v. United States, et al. CIV 12–275 (W.D. Ok.), or 

any general stream adjudication; 

(B) all claims for damages, losses or injuries to water 

rights or water, or claims of interference with, diversion, 

storage, taking, or use of water (including claims for injury 

to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) 

attributable to any action by the State, the OWRB, or 

any water user authorized pursuant to State law to take 

or use water in the State, including the City, that accrued 

during the period ending on the enforceability date; 

(C) all claims and objections relating to the amended 

permit application, and the City permit, including— 

(i) all claims regarding regulatory control over or 

OWRB jurisdiction relating to the permit application 

and permit; and 

(ii) all claims for damages, losses or injuries to 

water rights or rights to use water, or claims of interference with, diversion, storage, taking, or use of water 

(including claims for injury to land resulting from the 

damages, losses, injuries, interference with, diversion, 

storage, taking, or use of water) attributable to the 

issuance and lawful exercise of the City permit; 

(D) all claims to regulatory control over the Permit 

Numbers P80–48 and 54–613 for water rights from the 

Muddy Boggy River for Atoka Reservoir and P73–282D 

for water rights from the Muddy Boggy River, including 

McGee Creek, for the McGee Creek Reservoir; 

(E) all claims that the State lacks regulatory authority 

over or OWRB jurisdiction relating to Permit Numbers 

P80–48 and 54–613 for water rights from the Muddy Boggy 

River for Atoka Reservoir and P73–282D for water rights 

from the Muddy Boggy River, including McGee Creek, for 

the McGee Creek Reservoir; 


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(F) all claims to damages, losses or injuries to water 

rights or water, or claims of interference with, diversion, 

storage, taking, or use of water (including claims for injury 

to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) 

attributable to the lawful exercise of Permit Numbers P80– 

48 and 54–613 for water rights from the Muddy Boggy 

River for Atoka Reservoir and P73–282D for water rights 

from the Muddy Boggy River, including McGee Creek, for 

the McGee Creek Reservoir, that accrued during the period 

ending on the enforceability date; 

(G) all claims and objections relating to the approval 

by the Secretary of the assignment of the 1974 storage 

contract pursuant to the amended storage contract; 

(H) all claims relating to litigation brought by the 

United States prior to the enforceability date of the water 

rights of the Nations in the State; and 

(I) all claims relating to the negotiation, execution, 

or adoption of the Settlement Agreement (including 

exhibits) or this section. 

(3) RETENTION AND RESERVATION OF CLAIMS BY NATIONS

AND THE UNITED STATES.— 

(A) IN GENERAL.—Notwithstanding the waiver and 

releases of claims authorized under paragraphs (1) and 

(2), the Nations and the United States, acting as trustee, 

shall retain— 

(i) all claims for enforcement of the Settlement 

Agreement and this section; 

(ii) all rights to use and protect any water right 

of the Nations recognized by or established pursuant 

to the Settlement Agreement, including the right to 

assert claims for injuries relating to the rights and 

the right to participate in any general stream adjudication, including any inter se proceeding; 

(iii) all claims under— 

(I) the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9601 et seq.), including for damages 

to natural resources; 

(II) the Safe Drinking Water Act (42 U.S.C. 

300f et seq.); 

(III) the Federal Water Pollution Control Act 

(33 U.S.C. 1251 et seq.); and 

(IV) any regulations implementing the Acts 

described in items (I) through (III); 

(iv) all claims relating to damage, loss, or injury 

resulting from an unauthorized diversion, use, or storage of water, including damages, losses, or injuries 

to land or nonwater natural resources associated with 

any hunting, fishing, gathering, or cultural right; and 

(v) all rights, remedies, privileges, immunities, and 

powers not specifically waived and released pursuant 

to this section or the Settlement Agreement. 

(B) AGREEMENT.— 

(i) IN GENERAL.—As provided in the Settlement 

Agreement, the Chickasaw Nation shall convey an 

easement to the City, which easement shall be as 


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described and depicted in Exhibit 15 to the Settlement 

Agreement. 

(ii) APPLICATION.—The Chickasaw Nation and the 

City shall cooperate and coordinate on the submission 

of an application for approval by the Secretary of the 

Interior of the conveyance under clause (i), in accordance with applicable Federal law. 

(iii) RECORDING.—On approval by the Secretary 

of the Interior of the conveyance of the easement under 

this clause, the City shall record the easement. 

(iv) CONSIDERATION.—In exchange for conveyance 

of the easement under clause (i), the City shall pay 

to the Chickasaw Nation the value of past unauthorized use and consideration for future use of the land 

burdened by the easement, based on an appraisal 

secured by the City and Nations and approved by 

the Secretary of the Interior. 

(4) EFFECTIVE DATE OF WAIVER AND RELEASES.—The 

waivers and releases under this subsection take effect on the 

enforceability date. 

(5) TOLLING OF CLAIMS.—Each applicable period of limitation and time-based equitable defense relating to a claim 

described in this subsection shall be tolled during the period 

beginning on the date of enactment of this Act and ending 

on the earlier of the enforceability date or the expiration date 

under subsection (i)(2). 

(i) ENFORCEABILITY DATE.— 

(1) IN GENERAL.—The Settlement Agreement shall take 

effect and be enforceable on the date on which the Secretary 

of the Interior publishes in the Federal Register a certification 

that— 

(A) to the extent the Settlement Agreement conflicts 

with this section, the Settlement Agreement has been 

amended to conform with this section; 

(B) the Settlement Agreement, as amended, has been 

executed by the Secretary of the Interior, the Nations, 

the Governor of the State, the OWRB, the City, and the 

Trust; 

(C) to the extent the amended storage contract conflicts 

with this section, the amended storage contract has been 

amended to conform with this section; 

(D) the amended storage contract, as amended to conform with this section, has been— 

(i) executed by the State, the City, and the Trust; 

and 

(ii) approved by the Secretary; 

(E) an order has been entered in United States v. 

Oklahoma Water Resources Board, Civ. 98–C–521–E with 

any modifications to the order dated September 11, 2009, 

as provided in the Settlement Agreement; 

(F) orders of dismissal have been entered in Chickasaw 

Nation, Choctaw Nation v. Fallin et al., Civ 11–297 (W.D. 

Ok.) and OWRB v. United States, et al. Civ 12–275 (W.D. 

Ok.) as provided in the Settlement Agreement; 

(G) the OWRB has issued the City Permit; 


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(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. 


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(4) EXTENSION.—The expiration date under paragraph (2) 

may be extended in writing if the Nations, the State, the 

OWRB, the United States, and the City agree that an extension 

is warranted. 

(j) JURISDICTION, WAIVERS OF IMMUNITY FOR INTERPRETATION

AND ENFORCEMENT.— 

(1) JURISDICTION.— 

(A) IN GENERAL.— 

(i) EXCLUSIVE JURISDICTION.—The United States 

District Court for the Western District of Oklahoma 

shall have exclusive jurisdiction for all purposes and 

for all causes of action relating to the interpretation 

and enforcement of the Settlement Agreement, the 

amended storage contract, or interpretation or enforcement of this section, including all actions filed by an 

allottee pursuant to subsection (e)(6)(B). 

(ii) RIGHT TO BRING ACTION.—The Choctaw Nation, 

the Chickasaw Nation, the State, the City, the Trust, 

and the United States shall each have the right to 

bring an action pursuant to this section. 

(iii) NO ACTION IN OTHER COURTS.—No action may 

be brought in any other Federal, Tribal, or State court 

or administrative forum for any purpose relating to 

the Settlement Agreement, amended storage contract, 

or this section. 

(iv) NO MONETARY JUDGMENT.—Nothing in this 

section authorizes any money judgment or otherwise 

allows the payment of funds by the United States, 

the Nations, the State (including the OWRB), the City, 

or the Trust. 

(B) NOTICE AND CONFERENCE.—An entity seeking to 

interpret or enforce the Settlement Agreement shall comply 

with the following: 

(i) Any party asserting noncompliance or seeking 

interpretation of the Settlement Agreement or this section shall first serve written notice on the party alleged 

to be in breach of the Settlement Agreement or violation of this section. 

(ii) The notice under clause (i) shall identify the 

specific provision of the Settlement Agreement or this 

section alleged to have been violated or in dispute 

and shall specify in detail the contention of the party 

asserting the claim and any factual basis for the claim. 

(iii) Representatives of the party alleging a breach 

or violation and the party alleged to be in breach 

or violation shall meet not later than 30 days after 

receipt of notice under clause (i) in an effort to resolve 

the dispute. 

(iv) If the matter is not resolved to the satisfaction 

of the party alleging breach not later than 90 days 

after the original notice under clause (i), the party 

may take any appropriate enforcement action consistent with the Settlement Agreement and this subsection. 

(2) LIMITED WAIVERS OF SOVEREIGN IMMUNITY.— 


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(A) IN GENERAL.—The United States and the Nations 

may be joined in an action filed in the United States 

District Court for the Western District of Oklahoma. 

(B) UNITED STATES IMMUNITY.—Any claim by the 

United States to sovereign immunity from suit is irrevocably waived for any action brought by the State, the 

Chickasaw Nation, the Choctaw Nation, the City, or the 

Trust in the Western District of Oklahoma relating to 

interpretation or enforcement of the Settlement Agreement 

or this section, including of the appellate jurisdiction of 

the United States Court of Appeals for the Tenth Circuit 

and the Supreme Court of the United States. 

(C) CHICKASAW NATION IMMUNITY.—For the exclusive 

benefit of the State (including the OWRB), the City, the 

Trust, the Choctaw Nation, and the United States, the 

sovereign immunity of the Chickasaw Nation from suit 

is waived solely for any action brought in the Western 

District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, if the 

action is brought by the State or the OWRB, the City, 

the Trust, the Choctaw Nation, or the United States, 

including the appellate jurisdiction of the United States 

Court of Appeals for the Tenth Circuit and the Supreme 

Court of the United States. 

(D) CHOCTAW NATION IMMUNITY.—For the exclusive 

benefit of the State (including of the OWRB), the City, 

the Trust, the Chickasaw Nation, and the United States, 

the Choctaw Nation shall expressly and irrevocably consent 

to a suit and waive sovereign immunity from a suit solely 

for any action brought in the Western District of Oklahoma 

relating to interpretation or enforcement of the Settlement 

Agreement or this section, if the action is brought by the 

State, the OWRB, the City, the Trust, the Chickasaw 

Nation, or the United States, including the appellate jurisdiction of the United States Court of Appeals for the Tenth 

Circuit and the Supreme Court of the United States. 

(k) DISCLAIMER.— 

(1) IN GENERAL.—The Settlement Agreement applies only 

to the claims and rights of the Nations. 

(2) NO PRECEDENT.—Nothing in this section or the Settlement Agreement shall be construed in any way to quantify, 

establish, or serve as precedent regarding the land and water 

rights, claims, or entitlements to water of any American Indian 

Tribe other than the Nations, including any other American 

Indian Tribe in the State. 

(3) LIMITATION.—Nothing in the Settlement Agreement— 

(A) affects the ability of the United States, acting as 

sovereign, to take actions authorized by law, including 

any laws related to health, safety, or the environment, 

including— 

(i) the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 

9601 et seq.); 

(ii) the Safe Drinking Water Act (42 U.S.C. 300f 

et seq.); 

(iii) the Federal Water Pollution Control Act (33 

U.S.C. 1251 et seq.); and 


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(iv) any regulations implementing the Acts 

described in this section; 

(B) affects the ability of the United States to raise 

defenses based on 43 U.S.C. 666(a); and 

(C) affects any rights, claims, or defenses the United 

States may have with respect to the use of water on Federal 

lands in the Settlement Area that are not trust lands 

or Allotments. 

Subtitle G—Blackfeet Water Rights 

Settlement 

SEC. 3701. SHORT TITLE. 

This subtitle may be cited as the ‘‘Blackfeet Water Rights 

Settlement Act’’. 

SEC. 3702. PURPOSES. 

The purposes of this subtitle are— 

(1) to achieve a fair, equitable, and final settlement of 

claims to water rights in the State of Montana for— 

(A) the Blackfeet Tribe of the Blackfeet Indian Reservation; and 

(B) the United States, for the benefit of the Tribe 

and allottees; 

(2) to authorize, ratify, and confirm the water rights compact entered into by the Tribe and the State, to the extent 

that the Compact is consistent with this subtitle; 

(3) to authorize and direct the Secretary of the Interior— 

(A) to execute the Compact; and 

(B) to take any other action necessary to carry out 

the Compact in accordance with this subtitle; and 

(4) to authorize funds necessary for the implementation 

of the Compact and this subtitle. 

SEC. 3703. DEFINITIONS. 

In this subtitle: 

(1) ALLOTTEE.—The term ‘‘allottee’’ means any individual 

who holds a beneficial real property interest in an allotment 

of Indian land that is— 

(A) located within the Reservation; and 

(B) held in trust by the United States. 

(2) BIRCH CREEK AGREEMENT.—The term ‘‘Birch Creek 

Agreement’’ means— 

(A) the agreement between the Tribe and the State 

regarding Birch Creek water use dated January 31, 2008 

(as amended on February 13, 2009); and 

(B) any amendment or exhibit (including exhibit 

amendments) to that agreement that is executed in accordance with this subtitle. 

(3) BLACKFEET IRRIGATION PROJECT.—The term ‘‘Blackfeet 

Irrigation Project’’ means the irrigation project authorized by 

the matter under the heading ‘‘Montana’’ of title II of the 

Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and administered by the Bureau of Indian Affairs. 

(4) COMPACT.—The term ‘‘Compact’’ means— 

Blackfeet 

Water Rights 

Settlement Act. 


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(A) the Blackfeet-Montana water rights compact dated 

April 15, 2009, as contained in section 85–20–1501 of the 

Montana Code Annotated (2015); and 

(B) any amendment or exhibit (including exhibit 

amendments) to the Compact that is executed to make 

the Compact consistent with this subtitle. 

(5) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 

means the date described in section 3720(f). 

(6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ means the 

water impounded on the Marias River in the State by Tiber 

Dam, a feature of the Lower Marias Unit of the Pick-Sloan 

Missouri River Basin Program authorized by section 9 of the 

Act of December 22, 1944 (commonly known as the ‘‘Flood 

Control Act of 1944’’) (58 Stat. 891, chapter 665). 

(7) MILK RIVER BASIN.—The term ‘‘Milk River Basin’’ means 

the North Fork, Middle Fork, South Fork, and main stem 

of the Milk River and tributaries, from the headwaters to 

the confluence with the Missouri River. 

(8) MILK RIVER PROJECT.— 

(A) IN GENERAL.—The term ‘‘Milk River Project’’ means 

the Bureau of Reclamation project conditionally approved 

by the Secretary on March 14, 1903, pursuant to the Act 

of June 17, 1902 (32 Stat. 388, chapter 1093), commencing 

at Lake Sherburne Reservoir and providing water to a 

point approximately 6 miles east of Nashua, Montana. 

(B) INCLUSIONS.—The term ‘‘Milk River Project’’ 

includes— 

(i) the St. Mary Unit; 

(ii) the Fresno Dam and Reservoir; and 

(iii) the Dodson pumping unit. 

(9) MILK RIVER PROJECT WATER RIGHTS.—The term ‘‘Milk 

River Project water rights’’ means the water rights held by 

the Bureau of Reclamation on behalf of the Milk River Project, 

as finally adjudicated by the Montana Water Court. 

(10) MILK RIVER WATER RIGHT.—The term ‘‘Milk River 

water right’’ means the portion of the Tribal water rights 

described in article III.F of the Compact and this subtitle. 

(11) MISSOURI RIVER BASIN.—The term ‘‘Missouri River 

Basin’’ means the hydrologic basin of the Missouri River 

(including tributaries). 

(12) MR&I SYSTEM.—The term ‘‘MR&I System’’ means the 

intake, treatment, pumping, storage, pipelines, appurtenant 

items, and any other feature of the system, as generally 

described in the document entitled ‘‘Blackfeet Regional Water 

System’’, prepared by DOWL HKM, and dated June 2010, and 

modified by DOWL HKM, as set out in the addendum to 

the report dated March 2013. 

(13) OM&R.—The term ‘‘OM&R’’ means— 

(A) any recurring or ongoing activity associated with 

the day-to-day operation of a project; 

(B) any activity relating to scheduled or unscheduled 

maintenance of a project; and 

(C) any activity relating to replacing a feature of a 

project. 

(14) RESERVATION.—The term ‘‘Reservation’’ means the 

Blackfeet Indian Reservation of Montana, as— 


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(A) established by the Treaty of October 17, 1855 (11 

Stat. 657); and 

(B) modified by— 

(i) the Executive order of July 5, 1873 (relating 

to the Blackfeet Reserve); 

(ii) the Act of April 15, 1874 (18 Stat. 28, chapter 

96); 

(iii) the Executive order of August 19, 1874 

(relating to the Blackfeet Reserve); 

(iv) the Executive order of April 13, 1875 (relating 

to the Blackfeet Reserve); 

(v) the Executive order of July 13, 1880 (relating 

to the Blackfeet Reserve); 

(vi) the Agreement with the Blackfeet, ratified by 

the Act of May 1, 1888 (25 Stat. 113, chapter 213); 

and 

(vii) the Agreement with the Blackfeet, ratified 

by the Act of June 10, 1896 (29 Stat. 353, chapter 

398). 

(15) ST. MARY RIVER WATER RIGHT.—The term ‘‘St. Mary 

River water right’’ means that portion of the Tribal water 

rights described in article III.G.1.a.i. of the Compact and this 

subtitle. 

(16) ST. MARY UNIT.— 

(A) IN GENERAL.—The term ‘‘St. Mary Unit’’ means 

the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. 

(B) INCLUSIONS.—The term ‘‘St. Mary Unit’’ includes— 

(i) Sherburne Dam and Reservoir; 

(ii) Swift Current Creek Dike; 

(iii) Lower St. Mary Lake; 

(iv) St. Mary Canal Diversion Dam; and 

(v) St. Mary Canal and appurtenances. 

(17) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(18) STATE.—The term ‘‘State’’ means the State of Montana. 

(19) SWIFTCURRENT CREEK BANK STABILIZATION PROJECT.— 

The term ‘‘Swiftcurrent Creek Bank Stabilization Project’’ 

means the project to mitigate the physical and environmental 

problems associated with the St. Mary Unit from Sherburne 

Dam to the St. Mary River, as described in the report entitled 

‘‘Boulder/Swiftcurrent Creek Stabilization Project, Phase II 

Investigations Report’’, prepared by DOWL HKM, and dated 

March 2012. 

(20) TRIBAL WATER RIGHTS.—The term ‘‘Tribal water rights’’ 

means the water rights of the Tribe described in article III 

of the Compact and this subtitle, including— 

(A) the Lake Elwell allocation provided to the Tribe 

under section 3709; and 

(B) the instream flow water rights described in section 

3719. 

(21) TRIBE.—The term ‘‘Tribe’’ means the Blackfeet Tribe 

of the Blackfeet Indian Reservation of Montana. 

SEC. 3704. RATIFICATION OF COMPACT. 

(a) RATIFICATION.— 


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(1) IN GENERAL.—As modified by this subtitle, the Compact 

is authorized, ratified, and confirmed. 

(2) AMENDMENTS.—Any amendment to the Compact is 

authorized, ratified, and confirmed, to the extent that such 

amendment is executed to make the Compact consistent with 

this subtitle. 

(b) EXECUTION.— 

(1) IN GENERAL.—To the extent that the Compact does 

not conflict with this subtitle, the Secretary shall execute the 

Compact, including all exhibits to, or parts of, the Compact 

requiring the signature of the Secretary. 

(2) MODIFICATIONS.—Nothing in this subtitle precludes the 

Secretary from approving any modification to an appendix or 

exhibit to the Compact that is consistent with this subtitle, 

to the extent that the modification does not otherwise require 

congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal 

law. 

(c) ENVIRONMENTAL COMPLIANCE.— 

(1) IN GENERAL.—In implementing the Compact and this 

subtitle, the Secretary shall comply with all applicable provisions of— 

(A) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 

(B) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

(C) all other applicable environmental laws and regulations. 

(2) EFFECT OF EXECUTION.— 

(A) IN GENERAL.—The execution of the Compact by 

the Secretary under this section shall not constitute a 

major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(B) COMPLIANCE.—The Secretary shall carry out all 

Federal compliance activities necessary to implement the 

Compact and this subtitle. 

SEC. 3705. MILK RIVER WATER RIGHT. 

(a) IN GENERAL.—With respect to the Milk River water right, 

the Tribe— 

(1) may continue the historical uses and the uses in existence on the date of enactment of this Act; and 

(2) except as provided in article III.F.1.d of the Compact, 

shall not develop new uses until the date on which— 

(A) the Tribe has entered into the agreement described 

in subsection (c); or 

(B) the Secretary has established the terms and conditions described in subsection (e). 

(b) WATER RIGHTS ARISING UNDER STATE LAW.—With respect 

to any water rights arising under State law in the Milk River 

Basin owned or acquired by the Tribe, the Tribe— 

(1) may continue any use in existence on the date of enactment of this Act; and 

(2) shall not change any use until the date on which— 

(A) the Tribe has entered into the agreement described 

in subsection (c); or 


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(B) the Secretary has established the terms and conditions described in subsection (e). 

(c) TRIBAL AGREEMENT.— 

(1) IN GENERAL.—In consultation with the Commissioner 

of Reclamation and the Director of the Bureau of Indian Affairs, 

the Tribe and the Fort Belknap Indian Community shall enter 

into an agreement to provide for the exercise of their respective 

water rights on the respective reservations of the Tribe and 

the Fort Belknap Indian Community in the Milk River. 

(2) CONSIDERATIONS.—The agreement entered into under 

paragraph (1) shall take into consideration— 

(A) the equal priority dates of the 2 Indian tribes; 

(B) the water supplies of the Milk River; and 

(C) historical, current, and future uses identified by 

each Indian tribe. 

(d) SECRETARIAL DETERMINATION.— (1) IN GENERAL.—Not later than 120 days after the date 

on which the agreement described in subsection (c) is submitted 

to the Secretary, the Secretary shall review and approve or 

disapprove the agreement. 

(2) APPROVAL.—The Secretary shall approve the agreement 

if the Secretary finds that the agreement— 

(A) equitably accommodates the interests of each 

Indian tribe in the Milk River; 

(B) adequately considers the factors described in subsection (c)(2); and 

(C) is otherwise in accordance with applicable law. 

(3) DEADLINE EXTENSION.—The deadline to review the 

agreement described in paragraph (1) may be extended by 

the Secretary after consultation with the Tribe and the Fort 

Belknap Indian Community. 

(e) SECRETARIAL DECISION.— 

(1) IN GENERAL.—If the Tribe and the Fort Belknap Indian 

Community do not, by 3 years after the Secretary certifies 

under section 3720(f)(5) that the Tribal membership has 

approved the Compact and this subtitle, enter into an agreement approved under subsection d(2), the Secretary, in the 

Secretary’s sole discretion, shall establish, after consultation 

with the Tribe and the Fort Belknap Indian Community, terms 

and conditions that reflect the considerations described in subsection (c)(2) by which the respective water rights of the Tribe 

and the Fort Belknap Indian Community in the Milk River 

may be exercised. 

(2) CONSIDERATION AS FINAL AGENCY ACTION.—The 

establishment by the Secretary of terms and conditions under 

paragraph (1) shall be considered to be a final agency action 

for purposes of review under chapter 7 of title 5, United States 

Code. 

(3) JUDICIAL REVIEW.—An action for judicial review pursuant to this section shall be brought by not later than the 

date that is 1 year after the date of notification of the establishment of the terms and conditions under this subsection. 

(4) INCORPORATION INTO DECREES.—The agreement under 

subsection (c), or the decision of the Secretary under this subsection, shall be filed with the Montana Water Court, or the 

district court with jurisdiction, for incorporation into the final 

decrees of the Tribe and the Fort Belknap Indian Community. 


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(5) EFFECTIVE DATE.—The agreement under subsection (c) 

and a decision of the Secretary under this subsection— 

(A) shall be effective immediately; and 

(B) may not be modified absent— 

(i) the approval of the Secretary; and 

(ii) the consent of the Tribe and the Fort Belknap 

Indian Community. 

(f) USE OF FUNDS.—The Secretary shall distribute equally the 

funds made available under section 3718(a)(2)(C)(ii) to the Tribe 

and the Fort Belknap Indian Community to use to reach an agreement under this section, including for technical analyses and legal 

and other related efforts. 

SEC. 3706. WATER DELIVERY THROUGH MILK RIVER PROJECT. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary, acting through the Commissioner of Reclamation, 

shall carry out the activities authorized under this section with 

respect to the St. Mary River water right. 

(b) TREATMENT.—Notwithstanding article IV.D.4 of the Compact, any responsibility of the United States with respect to the 

St. Mary River water right shall be limited to, and fulfilled pursuant 

to— 

(1) subsection (c) of this section; and 

(2) subsection (b)(3) of section 3716 and subsection (a)(1)(C) 

of section 3718. 

(c) WATER DELIVERY CONTRACT.— 

(1) IN GENERAL.—Not later than 180 days after the enforceability date, the Secretary shall enter into a water delivery 

contract with the Tribe for the delivery of not greater than 

5,000 acre-feet per year of the St. Mary River water right 

through Milk River Project facilities to the Tribe or another 

entity specified by the Tribe. 

(2) TERMS AND CONDITIONS.—The contract under paragraph 

(1) shall establish the terms and conditions for the water deliveries described in paragraph (1) in accordance with the Compact 

and this subtitle. 

(3) REQUIREMENTS.—The water delivery contract under 

paragraph (1) shall include provisions requiring that— 

(A) the contract shall be without limit as to term; 

(B) the Tribe, and not the United States, shall collect, 

and shall be entitled to, all consideration due to the Tribe 

under any lease, contract, or agreement entered into by 

the Tribe pursuant to subsection (f); 

(C) the United States shall have no obligation to monitor, administer, or account for— 

(i) any funds received by the Tribe as consideration 

under any lease, contract, or agreement entered into 

by the Tribe pursuant to subsection (f); or 

(ii) the expenditure of such funds; 

(D) if water deliveries under the contract are interrupted for an extended period of time because of damage 

to, or a reduction in the capacity of, St. Mary Unit facilities, 

the rights of the Tribe shall be treated in the same manner 

as the rights of other contractors receiving water deliveries 

through the Milk River Project with respect to the water 

delivered under this section; 

(E) deliveries of water under this section shall be— 


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(i) limited to not greater than 5,000 acre-feet of 

water in any 1 year; 

(ii) consistent with operations of the Milk River 

Project and without additional costs to the Bureau 

of Reclamation, including OM&R costs; and 

(iii) without additional cost to the Milk River 

Project water users; and 

(F) the Tribe shall be required to pay OM&R for water 

delivered under this section. 

(d) SHORTAGE SHARING OR REDUCTION.— 

(1) IN GENERAL.—The 5,000 acre-feet per year of water 

delivered under paragraph (3)(E)(i) of subsection (c) shall not 

be subject to shortage sharing or reduction, except as provided 

in paragraph (3)(D) of that subsection. 

(2) NO INJURY TO MILK RIVER PROJECT WATER USERS.— 

Notwithstanding article IV.D.4 of the Compact, any reduction 

in the Milk River Project water supply caused by the delivery 

of water under subsection (c) shall not constitute injury to 

Milk River Project water users. 

(e) SUBSEQUENT CONTRACTS.— 

(1) IN GENERAL.—As part of the studies authorized by 

section 3707(c)(1), the Secretary, acting through the Commissioner of Reclamation, and in cooperation with the Tribe, shall 

identify alternatives to provide to the Tribe water from the 

St. Mary River water right in quantities greater than the 

5,000 acre-feet per year of water described in subsection 

(c)(3)(E)(i). 

(2) CONTRACT FOR WATER DELIVERY.—If the Secretary determines under paragraph (1) that more than 5,000 acre-feet 

per year of the St. Mary River water right can be delivered 

to the Tribe, the Secretary shall offer to enter into 1 or more 

contracts with the Tribe for the delivery of that water, subject 

to the requirements of subsection (c)(3) (except subsection 

(c)(3)(E)(i)) and this subsection. 

(3) TREATMENT.—Any delivery of water under this subsection shall be subject to reduction in the same manner as 

for Milk River Project contract holders. 

(f) SUBCONTRACTS.— 

(1) IN GENERAL.—The Tribe may enter into any subcontract 

for the delivery of water under this section to a third party, 

in accordance with section 3715(e). 

(2) COMPLIANCE WITH OTHER LAW.—All subcontracts 

described in paragraph (1) shall comply with— 

(A) this subtitle; 

(B) the Compact; 

(C) the tribal water code; and 

(D) other applicable law. 

(3) NO LIABILITY.—The Secretary shall not be liable to 

any party, including the Tribe, for any term of, or any loss 

or other detriment resulting from, a lease, contract, or other 

agreement entered into pursuant to this subsection. 

(g) EFFECT OF PROVISIONS.—Nothing in this section— 

(1) precludes the Tribe from taking the water described 

in subsection (c)(3)(E)(i), or any additional water provided under 

subsection (e), from the direct flow of the St. Mary River; 

or 


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(2) modifies the quantity of the Tribal water rights 

described in article III.G.1. of the Compact. 

(h) OTHER RIGHTS.—Notwithstanding the requirements of 

article III.G.1.d of the Compact, after satisfaction of all water rights 

under State law for use of St. Mary River water, including the 

Milk River Project water rights, the Tribe shall have the right 

to the remaining portion of the share of the United States in 

the St. Mary River under the International Boundary Waters Treaty 

of 1909 (36 Stat. 2448) for any tribally authorized use or need 

consistent with this subtitle. 

SEC. 3707. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER 

MANAGEMENT. 

(a) MILK RIVER PROJECT PURPOSES.—The purposes of the Milk 

River Project shall include— 

(1) irrigation; 

(2) flood control; 

(3) the protection of fish and wildlife; 

(4) recreation; 

(5) the provision of municipal, rural, and industrial water 

supply; and 

(6) hydroelectric power generation. 

(b) USE OF MILK RIVER PROJECT FACILITIES FOR THE BENEFIT

OF TRIBE.—The use of Milk River Project facilities to transport 

water for the Tribe pursuant to subsections (c) and (e) of section 

3706, together with any use by the Tribe of that water in accordance 

with this subtitle— 

(1) shall be considered to be an authorized purpose of 

the Milk River Project; and 

(2) shall not change the priority date of any Tribal water 

rights. 

(c) ST. MARY RIVER STUDIES.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary, in cooperation with the Tribe and the 

State, shall conduct— 

(A) an appraisal study— 

(i) to develop a plan for the management and 

development of water supplies in the St. Mary River 

Basin and Milk River Basin, including the St. Mary 

River and Milk River water supplies for the Tribe 

and the Milk River water supplies for the Fort Belknap 

Indian Community; and 

(ii) to identify alternatives to develop additional 

water of the St. Mary River for the Tribe; and 

(B) a feasibility study— 

(i) using the information resulting from the 

appraisal study conducted under subparagraph (A) and 

such other information as is relevant, to evaluate the 

feasibility of— 

(I) alternatives for the rehabilitation of the 

St. Mary Diversion Dam and Canal; and 

(II) increased storage in Fresno Dam and Reservoir; and 

(ii) to create a cost allocation study that is based 

on the authorized purposes described in subsections 

(a) and (b). 


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(2) COOPERATIVE AGREEMENT.—On request of the Tribe, 

the Secretary shall enter into a cooperative agreement with 

the Tribe with respect to the portion of the appraisal study 

described in paragraph (1)(A). 

(3) COSTS NONREIMBURSABLE.—The cost of the studies 

under this subsection shall not be— 

(A) considered to be a cost of the Milk River Project; 

or 

(B) reimbursable in accordance with the reclamation 

laws. 

(d) SWIFTCURRENT CREEK BANK STABILIZATION.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall carry out appropriate activities concerning the 

Swiftcurrent Creek Bank Stabilization Project, including— 

(A) a review of the final project design; and 

(B) value engineering analyses. 

(2) MODIFICATION OF FINAL DESIGN.—Prior to beginning 

construction activities for the Swiftcurrent Creek Bank Stabilization Project, on the basis of the review conducted under 

paragraph (1), the Secretary shall negotiate with the Tribe 

appropriate changes, if any, to the final design— 

(A) to ensure compliance with applicable industry 

standards; 

(B) to improve the cost-effectiveness of the Swiftcurrent 

Creek Bank Stabilization Project; and 

(C) to ensure that the Swiftcurrent Creek Bank Stabilization Project may be constructed using only the 

amounts made available under section 3718. 

(3) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 

and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary 

shall enter into 1 or more agreements with the Tribe to carry 

out the Swiftcurrent Bank Stabilization Project. 

(e) ADMINISTRATION.—The Commissioner of Reclamation and 

the Tribe shall negotiate the cost of any oversight activity carried 

out by the Bureau of Reclamation under any agreement entered 

into under this section, subject to the condition that the total 

cost for the oversight shall not exceed 4 percent of the total costs 

incurred under this section. 

(f) MILK RIVER PROJECT RIGHTS-OF-WAY AND EASEMENTS.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 

Tribe shall grant the United States a right-of-way on Reservation land owned by the Tribe for all uses by the Milk River 

Project (permissive or otherwise) in existence as of December 

31, 2015, including all facilities, flowage easements, and access 

easements necessary for the operation and maintenance of the 

Milk River Project. 

(2) AGREEMENT REGARDING EXISTING USES.—The Tribe and 

the Secretary shall enter into an agreement for a process to 

determine the location, nature, and extent of the existing uses 

referenced in this subsection. The agreement shall require 

that— 

(A) a panel of three individuals determine the location, 

nature, and extent of existing uses necessary for the operation and maintenance of the Milk River Project (the ‘‘Panel 


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Determination’’), with the Tribe appointing one representative of the Tribe, the Secretary appointing one representative of the Secretary, and those two representatives jointly 

appointing a third individual; 

(B) if the Panel Determination is unanimous, the Tribe 

grant a right-of-way to the United States for the existing 

uses identified in the Panel Determination in accordance 

with applicable law without additional compensation; 

(C) if the Panel Determination is not unanimous— 

(i) the Secretary adopt the Panel Determination 

with any amendments the Secretary reasonably determines necessary to correct any clear error (the ‘‘Interior 

Determination’’), provided that if any portion of the 

Panel Determination is unanimous, the Secretary will 

not amend that portion; and 

(ii) the Tribe grant a right-of-way to the United 

States for the existing uses identified in the Interior 

Determination in accordance with applicable law without additional compensation, with the agreement providing for the timing of the grant to take into consideration the possibility of review under paragraph (5). 

(3) EFFECT.—Determinations made under this subsection— 

(A) do not address title as between the United States 

and the Tribe; and 

(B) do not apply to any new use of Reservation land 

by the United States for the Milk River Project after 

December 31, 2015. 

(4) INTERIOR DETERMINATION AS FINAL AGENCY ACTION.— 

Any determination by the Secretary under paragraph (2)(C) 

shall be considered to be a final agency action for purposes 

of review under chapter 7 of title 5, United States Code. 

(5) JUDICIAL REVIEW.—An action for judicial review pursuant to this section shall be brought by not later than the 

date that is 1 year after the date of notification of the Interior 

Determination. 

(g) FUNDING.—The total amount of obligations incurred by the 

Secretary, prior to any adjustment provided for in section 3718, 

shall not exceed— 

(1) $3,800,000 to carry out subsection (c); 

(2) $20,700,000 to carry out subsection (d); and 

(3) $3,100,000 to carry out subsection (f). 

SEC. 3708. ST. MARY CANAL HYDROELECTRIC POWER GENERATION. 

(a) BUREAU OF RECLAMATION JURISDICTION.—Effective beginning on the date of enactment of this Act, the Commissioner of 

Reclamation shall have exclusive jurisdiction to authorize the 

development of hydropower on the St. Mary Unit. 

(b) RIGHTS OF TRIBE.— 

(1) EXCLUSIVE RIGHT OF TRIBE.—Subject to paragraph (2) 

and notwithstanding any other provision of law, the Tribe 

shall have the exclusive right to develop and market hydroelectric power of the St. Mary Unit. 

(2) LIMITATIONS.—The exclusive right described in paragraph (1)— 

(A) shall expire on the date that is 15 years after 

the date of enactment of an Act appropriating funds for 

rehabilitation of the St. Mary Unit; but 


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(B) may be extended by the Secretary at the request 

of the Tribe. 

(3) OM&R COSTS.—Effective beginning on the date that 

is 10 years after the date on which the Tribe begins marketing 

hydroelectric power generated from the St. Mary Unit to any 

third party, the Tribe shall make annual payments for OM&R 

costs attributable to the direct use of any facilities by the 

Tribe for hydroelectric power generation, in amounts determined in accordance with the guidelines and methods of the 

Bureau of Reclamation for assessing OM&R charges. 

(c) BUREAU OF RECLAMATION COOPERATION.—The Commissioner of Reclamation shall cooperate with the Tribe in the development of any hydroelectric power generation project under this section. 

(d) AGREEMENT.—Before construction of a hydroelectric power 

generation project under this section, the Tribe shall enter into 

an agreement with the Commissioner of Reclamation that includes 

provisions— 

(1) requiring that— 

(A) the design, construction, and operation of the 

project shall be consistent with the Bureau of Reclamation 

guidelines and methods for hydroelectric power development at Bureau facilities, as appropriate; and 

(B) the hydroelectric power generation project will not 

impair the efficiencies of the Milk River Project for authorized purposes; 

(2) regarding construction and operating criteria and emergency procedures; and 

(3) under which any modification proposed by the Tribe 

to a facility owned by the Bureau of Reclamation shall be 

subject to review and approval by the Secretary, acting through 

the Commissioner of Reclamation. 

(e) USE OF HYDROELECTRIC POWER BY TRIBE.—Any hydroelectric power generated in accordance with this section shall be 

used or marketed by the Tribe. 

(f) REVENUES.—The Tribe shall collect and retain any revenues 

from the sale of hydroelectric power generated by a project under 

this section. 

(g) LIABILITY OF UNITED STATES.—The United States shall have 

no obligation to monitor, administer, or account for— 

(1) any revenues received by the Tribe under this section; 

or 

(2) the expenditure of those revenues. 

(h) PREFERENCE.—During any period for which the exclusive 

right of the Tribe described in subsection (b)(1) is not in effect, 

the Tribe shall have a preference to develop hydropower on the 

St. Mary Unit facilities, in accordance with Bureau of Reclamation 

guidelines and methods for hydroelectric power development at 

Bureau facilities. 

SEC. 3709. STORAGE ALLOCATION FROM LAKE ELWELL. 

(a)(1) STORAGE ALLOCATION TO TRIBE.—The Secretary shall 

allocate to the Tribe 45,000 acre-feet per year of water stored 

in Lake Elwell for use by the Tribe for any beneficial purpose 

on or off the Reservation, under a water right held by the United 

States and managed by the Bureau of Reclamation, as measured 


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at the outlet works of Tiber Dam or through direct pumping from 

Lake Elwell. 

(2) REDUCTION.—Up to 10,000 acre-feet per year of water allocated to the Tribe pursuant to paragraph (1) will be subject to 

an acre-foot for acre-foot reduction if depletions from the Tribal 

water rights above Lake Elwell exceed 88,000 acre-feet per year 

of water because of New Development (as defined in article II.37 

of the Compact). 

(b) TREATMENT.— (1) IN GENERAL.—The allocation to the Tribe under subsection (a) shall be considered to be part of the Tribal water 

rights. 

(2) PRIORITY DATE.—The priority date of the allocation to 

the Tribe under subsection (a) shall be the priority date of 

the Lake Elwell water right held by the Bureau of Reclamation. 

(3) ADMINISTRATION.—The Tribe shall administer the water 

allocated under subsection (a) in accordance with the Compact 

and this subtitle. 

(c) ALLOCATION AGREEMENT.— 

(1) IN GENERAL.—As a condition of receiving an allocation 

under this section, the Tribe shall enter into an agreement 

with the Secretary to establish the terms and conditions of 

the allocation, in accordance with the Compact and this subtitle. 

(2) INCLUSIONS.—The agreement under paragraph (1) shall 

include provisions establishing that— 

(A) the agreement shall be without limit as to term; 

(B) the Tribe, and not the United States, shall be 

entitled to all consideration due to the Tribe under any 

lease, contract, or agreement entered into by the Tribe 

pursuant to subsection (d); 

(C) the United States shall have no obligation to monitor, administer, or account for— 

(i) any funds received by the Tribe as consideration 

under any lease, contract, or agreement entered into 

by the Tribe pursuant to subsection (d); or 

(ii) the expenditure of those funds; 

(D) if the capacity or function of Lake Elwell facilities 

are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Tribe 

shall have the same rights as other storage contractors 

with respect to the allocation under this section; 

(E) the costs associated with the construction of the 

storage facilities at Tiber Dam allocable to the Tribe shall 

be nonreimbursable; 

(F) no water service capital charge shall be due or 

payable for any water allocated to the Tribe pursuant to 

this section or the allocation agreement, regardless of 

whether that water is delivered for use by the Tribe or 

under a lease, contract, or by agreement entered into by 

the Tribe pursuant to subsection (d); 

(G) the Tribe shall not be required to make payments 

to the United States for any water allocated to the Tribe 

under this subtitle or the allocation agreement, except for 

each acre-foot of stored water leased or transferred for 

industrial purposes as described in subparagraph (H); 

(H) for each acre-foot of stored water leased or transferred by the Tribe for industrial purposes— 


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(i) the Tribe shall pay annually to the United 

States an amount necessary to cover the proportional 

share of the annual OM&R costs allocable to the 

quantity of water leased or transferred by the Tribe 

for industrial purposes; and 

(ii) the annual payments of the Tribe shall be 

reviewed and adjusted, as appropriate, to reflect the 

actual OM&R costs for Tiber Dam; and 

(I) the adjustment process identified in subsection 

(a)(2) will be based on specific enumerated provisions. 

(d) AGREEMENTS BY TRIBE.—The Tribe may use, lease, contract, 

exchange, or enter into other agreements for use of the water 

allocated to the Tribe under subsection (a), if— 

(1) the use of water that is the subject of such an agreement 

occurs within the Missouri River Basin; and 

(2) the agreement does not permanently alienate any portion of the water allocated to the Tribe under subsection (a). 

(e) EFFECTIVE DATE.—The allocation under subsection (a) takes 

effect on the enforceability date. 

(f) NO CARRYOVER STORAGE.—The allocation under subsection 

(a) shall not be increased by any year-to-year carryover storage. 

(g) DEVELOPMENT AND DELIVERY COSTS.—The United States 

shall not be required to pay the cost of developing or delivering 

any water allocated under this section. 

SEC. 3710. IRRIGATION ACTIVITIES. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary, acting through the Commissioner of Reclamation 

and in accordance with subsection (c), shall carry out the following 

actions relating to the Blackfeet Irrigation Project: 

(1) Deferred maintenance. 

(2) Dam safety improvements for Four Horns Dam. 

(3) Rehabilitation and enhancement of the Four Horns 

Feeder Canal, Dam, and Reservoir. 

(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 

as the lead agency with respect to any activities carried out under 

this section. 

(c) SCOPE OF DEFERRED MAINTENANCE ACTIVITIES AND FOUR

HORNS DAM SAFETY IMPROVEMENTS.— 

(1) IN GENERAL.—Subject to the conditions described in 

paragraph (2), the scope of the deferred maintenance activities 

and Four Horns Dam safety improvements shall be as generally 

described in— 

(A) the document entitled ‘‘Engineering Evaluation and 

Condition Assessment, Blackfeet Irrigation Project’’, prepared by DOWL HKM, and dated August 2007; and 

(B) the provisions relating to Four Horns Rehabilitated 

Dam of the document entitled ‘‘Four Horns Dam Enlarged 

Appraisal Evaluation Design Report’’, prepared by DOWL 

HKM, and dated April 2007. 

(2) CONDITIONS.—The conditions referred to in paragraph 

(1) are that, before commencing construction activities, the 

Secretary shall— 

(A) review the design of the proposed rehabilitation 

or improvement; 

(B) perform value engineering analyses; 


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(C) perform appropriate Federal environmental compliance activities; and 

(D) ensure that the deferred maintenance activities 

and dam safety improvements may be constructed using 

only the amounts made available under section 3718. 

(d) SCOPE OF REHABILITATION AND ENHANCEMENT OF FOUR

HORNS FEEDER CANAL, DAM, AND RESERVOIR.— 

(1) IN GENERAL.—The scope of the rehabilitation and 

improvements shall be as generally described in the document 

entitled ‘‘Four Horns Feeder Canal Rehabilitation with Export’’, 

prepared by DOWL HKM, and dated April 2013, subject to 

the condition that, before commencing construction activities, 

the Secretary shall— 

(A) review the design of the proposed rehabilitation 

or improvement; 

(B) perform value engineering analyses; 

(C) perform appropriate Federal environmental compliance activities; and 

(D) ensure that the rehabilitation and improvements 

may be constructed using only the amounts made available 

under section 3718. 

(2) INCLUSIONS.—The activities carried out by the Secretary 

under this subsection shall include— 

(A) the rehabilitation or improvement of the Four 

Horns feeder canal system to a capacity of not fewer than 

360 cubic feet per second; 

(B) the rehabilitation or improvement of the outlet 

works of Four Horns Dam and Reservoir to deliver not 

less than 15,000 acre-feet of water per year, in accordance 

with subparagraph (C); and 

(C) construction of facilities to deliver not less than 

15,000 acre-feet of water per year from Four Horns Dam 

and Reservoir, to a point on or near Birch Creek to be 

designated by the Tribe and the State for delivery of water 

to the water delivery system of the Pondera County Canal 

and Reservoir Company on Birch Creek, in accordance 

with the Birch Creek Agreement. 

(3) NEGOTIATION WITH TRIBE.—On the basis of the review 

described in paragraph (1)(A), the Secretary shall negotiate 

with the Tribe appropriate changes to the final design of any 

activity under this subsection to ensure that the final design 

meets applicable industry standards. 

(e) FUNDING.—The total amount of obligations incurred by the 

Secretary in carrying out this section, prior to any adjustment 

provided for in section 3718, shall not exceed $54,900,000, of 

which— 

(1) $40,900,000 shall be allocated to carry out the activities 

described in subsection (c); and 

(2) $14,000,000 shall be allocated to carry out the activities 

described in subsection (d)(2). 

(f) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(g) NON-FEDERAL CONTRIBUTION.—No part of the project under 

subsection (d) shall be commenced until the State has made available $20,000,000 to carry out the activities described in subsection 

(d)(2). 


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(h) ADMINISTRATION.—The Commissioner of Reclamation and 

the Tribe shall negotiate the cost of any oversight activity carried 

out by the Bureau of Reclamation under any agreement entered 

into under subsection (m), subject to the condition that the total 

cost for the oversight shall not exceed 4 percent of the total project 

costs for each project. 

(i) PROJECT EFFICIENCIES.—If the total cost of planning, design, 

and construction activities relating to the projects described in 

this section results in cost savings and is less than the amounts 

authorized to be obligated, the Secretary, at the request of the 

Tribe, may— 

(1) use those cost savings to carry out a project described 

in section 3707(d), 3711, 3712, or 3713; or 

(2) deposit those cost savings to the Blackfeet OM&R Trust 

Account. 

(j) OWNERSHIP BY TRIBE OF BIRCH CREEK DELIVERY FACILITIES.—Notwithstanding any other provision of law, the Secretary 

shall transfer to the Tribe, at no cost, title in and to the facilities 

constructed under subsection (d)(2)(C). 

(k) OWNERSHIP, OPERATION, AND MAINTENANCE.—On transfer 

to the Tribe of title under subsection (j), the Tribe shall— 

(1) be responsible for OM&R in accordance with the Birch 

Creek Agreement; and 

(2) enter into an agreement with the Bureau of Indian 

Affairs regarding the operation of the facilities described in 

that subsection. 

(l) LIABILITY OF UNITED STATES.—The United States shall have 

no obligation or responsibility with respect the facilities described 

in subsection (d)(2)(C). 

(m) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 

and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall 

enter into 1 or more agreements with the Tribe to carry out this 

section. 

(n) EFFECT.—Nothing in this section— 

(1) alters any applicable law (including regulations) under 

which the Bureau of Indian Affairs collects assessments or 

carries out Blackfeet Irrigation Project OM&R; or 

(2) impacts the availability of amounts made available 

under subsection (a)(1)(B) of section 3718. 

SEC. 3711. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary, acting through the Commissioner of Reclamation, 

shall plan, design, and construct the water diversion and delivery 

features of the MR&I System in accordance with 1 or more agreements between the Secretary and the Tribe. 

(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 

as the lead agency with respect to any activity to design and 

construct the water diversion and delivery features of the MR&I 

System. 

(c) SCOPE.— 

(1) IN GENERAL.—The scope of the design and construction 

under this section shall be as generally described in the document entitled ‘‘Blackfeet Regional Water System’’, prepared 

by DOWL HKM, dated June 2010, and modified by DOWL 

HKM in the addendum to the report dated March 2013, subject 


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to the condition that, before commencing final design and 

construction activities, the Secretary shall— 

(A) review the design of the proposed rehabilitation 

and construction; 

(B) perform value engineering analyses; and 

(C) perform appropriate Federal compliance activities. 

(2) NEGOTIATION WITH TRIBE.—On the basis of the review 

described in paragraph (1)(A), the Secretary shall negotiate 

with the Tribe appropriate changes, if any, to the final design— 

(A) to ensure that the final design meets applicable 

industry standards; 

(B) to improve the cost-effectiveness of the delivery 

of MR&I System water; and 

(C) to ensure that the MR&I System may be constructed using only the amounts made available under 

section 3718. 

(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(e) FUNDING.—The total amount of obligations incurred by the 

Secretary in carrying out this section, prior to any adjustment 

provided for in section 3718, shall not exceed $76,200,000. 

(f) NON-FEDERAL CONTRIBUTION.— 

(1) CONSULTATION.—Before completion of the final design 

of the MR&I System required by subsection (c), the Secretary 

shall consult with the Tribe, the State, and other affected 

non-Federal parties to discuss the possibility of receiving nonFederal contributions for the cost of the MR&I System. 

(2) NEGOTIATIONS.—If, based on the extent to which nonFederal parties are expected to use the MR&I System, a nonFederal contribution to the MR&I System is determined by 

the parties described in paragraph (1) to be appropriate, the 

Secretary shall initiate negotiations for an agreement regarding 

the means by which the contributions shall be provided. 

(g) OWNERSHIP BY TRIBE.—Title to the MR&I System and all 

facilities rehabilitated or constructed under this section shall be 

held by the Tribe. 

(h) ADMINISTRATION.—The Commissioner of Reclamation and 

the Tribe shall negotiate the cost of any oversight activity carried 

out by the Bureau of Reclamation under any agreement entered 

into under this section, subject to the condition that the total 

cost for the oversight shall not exceed 4 percent of the total costs 

incurred under this section. 

(i) OM&R COSTS.—The Federal Government shall have no 

obligation to pay for the OM&R costs for any facility rehabilitated 

or constructed under this section. 

(j) PROJECT EFFICIENCIES.—If the total cost of planning, design, 

and construction activities relating to the projects described in 

this section results in cost savings and is less than the amounts 

authorized to be obligated, the Secretary, at the request of the 

Tribe, may— 

(1) use those cost savings to carry out a project described 

in section 3707(d), 3710, 3712, or 3713; or 

(2) deposit those cost savings to the Blackfeet OM&R Trust 

Account. 

(k) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 

and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall 


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enter into 1 or more agreements with the Tribe to carry out this 

section. 

SEC. 3712. DESIGN AND CONSTRUCTION OF WATER STORAGE AND 

IRRIGATION FACILITIES. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary, acting through the Commissioner of Reclamation, 

shall plan, design, and construct 1 or more facilities to store water 

and support irrigation on the Reservation in accordance with 1 

or more agreements between the Secretary and the Tribe. 

(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 

as the lead agency with respect to any activity to design and 

construct the irrigation development and water storage facilities 

described in subsection (c). 

(c) SCOPE.— 

(1) IN GENERAL.—The scope of the design and construction 

under this section shall be as generally described in the document entitled ‘‘Blackfeet Water Storage, Development, and 

Project Report’’, prepared by DOWL HKM, and dated March 

13, 2013, as modified and agreed to by the Secretary and 

the Tribe, subject to the condition that, before commencing 

final design and construction activities, the Secretary shall— 

(A) review the design of the proposed construction; 

(B) perform value engineering analyses; and 

(C) perform appropriate Federal compliance activities. 

(2) MODIFICATION.—The Secretary may modify the scope 

of construction for the projects described in the document 

referred to in paragraph (1), if— 

(A) the modified project is— 

(i) similar in purpose to the proposed projects; 

and 

(ii) consistent with the purposes of this subtitle; 

and 

(B) the Secretary has consulted with the Tribe 

regarding any modification. 

(3) NEGOTIATION WITH TRIBE.—On the basis of the review 

described in paragraph (1)(A), the Secretary shall negotiate 

with the Tribe appropriate changes, if any, to the final design— 

(A) to ensure that the final design meets applicable 

industry standards; 

(B) to improve the cost-effectiveness of any construction; and 

(C) to ensure that the projects may be constructed 

using only the amounts made available under section 3718. 

(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(e) FUNDING.—The total amount of obligations incurred by the 

Secretary in carrying out this section, prior to any adjustment 

provided for in section 3718, shall not exceed $87,300,000. 

(f) OWNERSHIP BY TRIBE.—Title to all facilities rehabilitated 

or constructed under this section shall be held by the Tribe, except 

that title to the Birch Creek Unit of the Blackfeet Indian Irrigation 

Project shall remain with the Bureau of Indian Affairs. 

(g) ADMINISTRATION.—The Commissioner of Reclamation and 

the Tribe shall negotiate the cost of any oversight activity carried 

out by the Bureau of Reclamation under any agreement entered 

into under this section, subject to the condition that the total 


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cost for the oversight shall not exceed 4 percent of the total costs 

incurred under this section. 

(h) OM&R COSTS.—The Federal Government shall have no 

obligation to pay for the OM&R costs for the facilities rehabilitated 

or constructed under this section. 

(i) PROJECT EFFICIENCIES.—If the total cost of planning, design, 

and construction activities relating to the projects described in 

this section results in cost savings and is less than the amounts 

authorized to be obligated, the Secretary, at the request of the 

Tribe, may— 

(1) use those cost savings to carry out a project described 

in section 3707(d), 3710, 3711, or 3713; or 

(2) deposit those cost savings to the Blackfeet OM&R Trust 

Account. 

(j) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 

and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall 

enter into 1 or more agreements with the Tribe to carry out this 

section. 

SEC. 3713. BLACKFEET WATER, STORAGE, AND DEVELOPMENT 

PROJECTS. 

(a) IN GENERAL.— (1) SCOPE.—The scope of the construction under this section 

shall be as generally described in the document entitled ‘‘Blackfeet Water Storage, Development, and Project Report’’, prepared 

by DOWL HKM, and dated March 13, 2013, as modified and 

agreed to by the Secretary and the Tribe. 

(2) MODIFICATION.—The Tribe may modify the scope of 

the projects described in the document referred to in paragraph 

(1) if— 

(A) the modified project is— 

(i) similar to the proposed project; and 

(ii) consistent with the purposes of this subtitle; 

and 

(B) the modification is approved by the Secretary. 

(b) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 

Secretary in carrying out this section shall be nonreimbursable. 

(c) FUNDING.—The total amount of obligations incurred by the 

Secretary in carrying out this section, prior to any adjustment 

provided for in section 3718, shall not exceed $91,000,000. 

(d) OM&R COSTS.—The Federal Government shall have no 

obligation to pay for the OM&R costs for the facilities rehabilitated 

or constructed under this section. 

(e) OWNERSHIP BY TRIBE.—Title to any facility constructed 

under this section shall be held by the Tribe. 

SEC. 3714. EASEMENTS AND RIGHTS-OF-WAY. 

(a) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 

(1) IN GENERAL.—On request of the Secretary, the Tribe 

shall grant, at no cost to the United States, such easements 

and rights-of-way over tribal land as are necessary for the 

construction of the projects authorized by sections 3710 and 

3711. 

(2) JURISDICTION.—An easement or right-of-way granted 

by the Tribe pursuant to paragraph (1) shall not affect in 

any respect the civil or criminal jurisdiction of the Tribe over 

the easement or right-of-way. 


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(b) LANDOWNER EASEMENTS AND RIGHTS-OF-WAY.—In partial 

consideration for the construction activities authorized by section 

3711, and as a condition of receiving service from the MR&I System, 

a landowner shall grant, at no cost to the United States or the 

Tribe, such easements and rights-of-way over the land of the landowner as may be necessary for the construction of the MR&I 

System. 

(c) LAND ACQUIRED BY UNITED STATES OR TRIBE.—Any land 

acquired within the boundaries of the Reservation by the United 

States on behalf of the Tribe, or by the Tribe on behalf of the 

Tribe, in connection with achieving the purposes of this subtitle 

shall be held in trust by the United States for the benefit of 

the Tribe. 

SEC. 3715. TRIBAL WATER RIGHTS. 

(a) CONFIRMATION OF TRIBAL WATER RIGHTS.— (1) IN GENERAL.—The Tribal water rights are ratified, confirmed, and declared to be valid. 

(2) USE.—Any use of the Tribal water rights shall be subject 

to the terms and conditions of the Compact and this subtitle. 

(3) CONFLICT.—In the event of a conflict between the Compact and this subtitle, the provisions of this subtitle shall 

control. 

(b) INTENT OF CONGRESS.—It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, 

the benefits the allottees possess on the day before the date of 

enactment of this Act, taking into consideration— 

(1) the potential risks, cost, and time delay associated 

with litigation that would be resolved by the Compact and 

this subtitle; 

(2) the availability of funding under this subtitle and from 

other sources; 

(3) the availability of water from the Tribal water rights; 

and 

(4) the applicability of section 7 of the Act of February 

8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests 

of allottees. 

(c) TRUST STATUS OF TRIBAL WATER RIGHTS.—The Tribal water 

rights— 

(1) shall be held in trust by the United States for the 

use and benefit of the Tribe and the allottees in accordance 

with this subtitle; and 

(2) shall not be subject to forfeiture or abandonment. 

(d) ALLOTTEES.— 

(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 

381), relating to the use of water for irrigation purposes, shall 

apply to the Tribal water rights. 

(2) ENTITLEMENT TO WATER.—Any entitlement to water 

of an allottee under Federal law shall be satisfied from the 

Tribal water rights. 

(3) ALLOCATIONS.—An allottee shall be entitled to a just 

and equitable allocation of water for irrigation purposes. 

(4) CLAIMS.— 

(A) EXHAUSTION OF REMEDIES.—Before asserting any 

claim against the United States under section 7 of the 

Act of February 8, 1887 (25 U.S.C. 381), or any other 


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applicable law, an allottee shall exhaust remedies available 

under the tribal water code or other applicable tribal law. 

(B) ACTION FOR RELIEF.—After the exhaustion of all 

remedies available under the tribal water code or other 

applicable tribal law, an allottee may seek relief under 

section 7 of the Act of February 8, 1887 (25 U.S.C. 381), 

or other applicable law. 

(5) AUTHORITY OF SECRETARY.—The Secretary shall have 

the authority to protect the rights of allottees in accordance 

with this section. 

(e) AUTHORITY OF TRIBE.— (1) IN GENERAL.—The Tribe shall have the authority to 

allocate, distribute, and lease the Tribal water rights for any 

use on the Reservation in accordance with the Compact, this 

subtitle, and applicable Federal law. 

(2) OFF-RESERVATION USE.—The Tribe may allocate, distribute, and lease the Tribal water rights for off-Reservation 

use in accordance with the Compact, subject to the approval 

of the Secretary. 

(3) LAND LEASES BY ALLOTTEES.—Notwithstanding paragraph (1), an allottee may lease any interest in land held 

by the allottee, together with any water right determined to 

be appurtenant to the interest in land, in accordance with 

the tribal water code. 

(f) TRIBAL WATER CODE.— 

(1) IN GENERAL.—Notwithstanding article IV.C.1. of the 

Compact, not later than 4 years after the date on which the 

Tribe ratifies the Compact in accordance with this subtitle, 

the Tribe shall enact a tribal water code that provides for— 

(A) the management, regulation, and governance of 

all uses of the Tribal water rights in accordance with 

the Compact and this subtitle; and 

(B) establishment by the Tribe of conditions, permit 

requirements, and other requirements for the allocation, 

distribution, or use of the Tribal water rights in accordance 

with the Compact and this subtitle. 

(2) INCLUSIONS.—Subject to the approval of the Secretary, 

the tribal water code shall provide— 

(A) that use of water by allottees shall be satisfied 

with water from the Tribal water rights; 

(B) a process by which an allottee may request that 

the Tribe provide water for irrigation use in accordance 

with this subtitle, including the provision of water under 

any allottee lease under section 4 of the Act of June 25, 

1910 (25 U.S.C. 403); 

(C) a due process system for the consideration and 

determination by the Tribe of any request by an allottee 

(or a successor in interest to an allottee) for an allocation 

of water for irrigation purposes on allotted land, including 

a process for— 

(i) appeal and adjudication of any denied or disputed distribution of water; and 

(ii) resolution of any contested administrative decision; and 

(D) a requirement that any allottee asserting a claim 

relating to the enforcement of rights of the allottee under 

the tribal water code, or to the quantity of water allocated 


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to land of the allottee, shall exhaust all remedies available 

to the allottee under tribal law before initiating an action 

against the United States or petitioning the Secretary 

pursuant to subsection (d)(4)(B). 

(3) ACTION BY SECRETARY.— (A) IN GENERAL.—During the period beginning on the 

date of enactment of this Act and ending on the date 

on which a tribal water code described in paragraphs (1) 

and (2) is enacted, the Secretary shall administer, with 

respect to the rights of allottees, the Tribal water rights 

in accordance with this subtitle. 

(B) APPROVAL.—The tribal water code described in 

paragraphs (1) and (2) shall not be valid unless— 

(i) the provisions of the tribal water code required 

by paragraph (2) are approved by the Secretary; and 

(ii) each amendment to the tribal water code that 

affects a right of an allottee is approved by the Secretary. 

(C) APPROVAL PERIOD.— 

(i) IN GENERAL.—The Secretary shall approve or 

disapprove the tribal water code or an amendment 

to the tribal water code not later than 180 days after 

the date on which the tribal water code or amendment 

is submitted to the Secretary. 

(ii) EXTENSION.—The deadline described in clause 

(i) may be extended by the Secretary after consultation 

with the Tribe. 

(g) ADMINISTRATION.— 

(1) NO ALIENATION.—The Tribe shall not permanently 

alienate any portion of the Tribal water rights. 

(2) PURCHASES OR GRANTS OF LAND FROM INDIANS.—An 

authorization provided by this subtitle for the allocation, distribution, leasing, or other arrangement entered into pursuant 

to this subtitle shall be considered to satisfy any requirement 

for authorization of the action by treaty or convention imposed 

by section 2116 of the Revised Statutes (25 U.S.C. 177). 

(3) PROHIBITION ON FORFEITURE.—The non-use of all or 

any portion of the Tribal water rights by a lessee or contractor 

shall not result in the forfeiture, abandonment, relinquishment, 

or other loss of all or any portion of the Tribal water rights. 

(h) EFFECT.—Except as otherwise expressly provided in this 

section, nothing in this subtitle— 

(1) authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, 

tribal, or local law; or 

(2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code. 

SEC. 3716. BLACKFEET SETTLEMENT TRUST FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a trust fund, to be known as the ‘‘Blackfeet 

Settlement Trust Fund’’ (referred to in this section as the ‘‘Trust 

Fund’’), to be managed, invested, and distributed by the Secretary 

and to remain available until expended, consisting of the amounts 

deposited in the Trust Fund under subsection (c), together with 

any interest earned on those amounts, for the purpose of carrying 

out this subtitle. 


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(b) ACCOUNTS.—The Secretary shall establish in the Trust Fund 

the following accounts: 

(1) The Administration and Energy Account. 

(2) The OM&R Account. 

(3) The St. Mary Account. 

(4) The Blackfeet Water, Storage, and Development Projects 

Account. 

(c) DEPOSITS.—The Secretary shall deposit in the Trust Fund— 

(1) in the Administration and Energy Account, the amount 

made available pursuant to section 3718(a)(1)(A); 

(2) in the OM&R Account, the amount made available 

pursuant to section 3718(a)(1)(B); 

(3) in the St. Mary Account, the amount made available 

pursuant to section 3718(a)(1)(C); and 

(4) in the Blackfeet Water, Storage, and Development 

Projects Account, the amount made available pursuant to section 3718(a)(1)(D). 

(d) MANAGEMENT AND INTEREST.— 

(1) MANAGEMENT.—The Secretary shall manage, invest, 

and distribute all amounts in the Trust Fund in a manner 

that is consistent with the investment authority of the Secretary 

under— 

(A) the first section of the Act of June 24, 1938 (25 

U.S.C. 162a); 

(B) the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.); and 

(C) this section. 

(2) INTEREST.—In addition to the deposits under subsection 

(c), any interest credited to amounts unexpended in the Trust 

Fund are authorized to be appropriated to be used in accordance 

with the uses described in subsection (h). 

(e) AVAILABILITY OF AMOUNTS.— 

(1) IN GENERAL.—Amounts appropriated to, and deposited 

in, the Trust Fund, including any investment earnings, shall 

be made available to the Tribe by the Secretary beginning 

on the enforceability date. 

(2) FUNDING FOR TRIBAL IMPLEMENTATION ACTIVITIES.—Notwithstanding paragraph (1), on approval pursuant to this subtitle and the Compact by a referendum vote of a majority 

of votes cast by members of the Tribe on the day of the vote, 

as certified by the Secretary and the Tribe and subject to 

the availability of appropriations, of the amounts in the 

Administration and Energy Account, $4,800,000 shall be made 

available to the Tribe for the implementation of this subtitle. 

(f) WITHDRAWALS UNDER AIFRMRA.— 

(1) IN GENERAL.—The Tribe may withdraw any portion 

of the funds in the Trust Fund on approval by the Secretary 

of a tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

(2) REQUIREMENTS.— (A) IN GENERAL.—In addition to the requirements 

under the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 

management plan under paragraph (1) shall require that 

the Tribe shall spend all amounts withdrawn from the 

Trust Fund in accordance with this subtitle. 


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(B) ENFORCEMENT.—The Secretary may carry out such 

judicial and administrative actions as the Secretary determines to be necessary to enforce the tribal management 

plan to ensure that amounts withdrawn by the Tribe from 

the Trust Fund under this subsection are used in accordance with this subtitle. 

(g) WITHDRAWALS UNDER EXPENDITURE PLAN.— 

(1) IN GENERAL.—The Tribe may submit to the Secretary 

a request to withdraw funds from the Trust Fund pursuant 

to an approved expenditure plan. 

(2) REQUIREMENTS.—To be eligible to withdraw funds under 

an expenditure plan under paragraph (1), the Tribe shall submit 

to the Secretary for approval an expenditure plan for any 

portion of the Trust Fund that the Tribe elects to withdraw 

pursuant to this subsection, subject to the condition that the 

funds shall be used for the purposes described in this subtitle. 

(3) INCLUSIONS.—An expenditure plan under this subsection shall include a description of the manner and purpose 

for which the amounts proposed to be withdrawn from the 

Trust Fund will be used by the Tribe, in accordance with 

subsection (h). 

(4) APPROVAL.—On receipt of an expenditure plan under 

this subsection, the Secretary shall approve the plan, if the 

Secretary determines that the plan— 

(A) is reasonable; and 

(B) is consistent with, and will be used for, the purposes of this subtitle. 

(5) ENFORCEMENT.—The Secretary may carry out such 

judicial and administrative actions as the Secretary determines 

to be necessary to enforce an expenditure plan to ensure that 

amounts disbursed under this subsection are used in accordance 

with this subtitle. 

(h) USES.—Amounts from the Trust Fund shall be used by 

the Tribe for the following purposes: 

(1) The Administration and Energy Account shall be used 

for administration of the Tribal water rights and energy 

development projects under this subtitle and the Compact. 

(2) The OM&R Account shall be used to assist the Tribe 

in paying OM&R costs. 

(3) The St. Mary Account shall be distributed pursuant 

to an expenditure plan approved under subsection (g), subject 

to the conditions that— 

(A) during the period for which the amount is available 

and held by the Secretary, $500,000 shall be distributed 

to the Tribe annually as compensation for the deferral 

of the St. Mary water right; and 

(B) any additional amounts deposited in the account 

may be withdrawn and used by the Tribe to pay OM&R 

costs or other expenses for 1 or more projects to benefit 

the Tribe, as approved by the Secretary, subject to the 

requirement that the Secretary shall not approve an 

expenditure plan under this paragraph unless the Tribe 

provides a resolution of the tribal council— 

(i) approving the withdrawal of the funds from 

the account; and 


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(ii) acknowledging that the Secretary will not be 

able to distribute funds under subparagraph (A) indefinitely if the principal funds in the account are reduced. 

(4) The Blackfeet Water, Storage, and Development Projects 

Account shall be used to carry out section 3713. 

(i) LIABILITY.—The Secretary and the Secretary of the Treasury 

shall not be liable for the expenditure or investment of any amounts 

withdrawn from the Trust Fund by the Tribe under subsection 

(f) or (g). 

(j) NO PER CAPITA DISTRIBUTIONS.—No portion of the Trust 

Fund shall be distributed on a per capita basis to any member 

of the Tribe. 

(k) DEPOSIT OF FUNDS.—On request by the Tribe, the Secretary 

may deposit amounts from an account described in paragraph (1), 

(2), or (4) of subsection (b) to any other account the Secretary 

determines to be appropriate. 

SEC. 3717. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a nontrust, interest-bearing account, to be known 

as the ‘‘Blackfeet Water Settlement Implementation Fund’’ (referred 

to in this section as the ‘‘Implementation Fund’’), to be managed 

and distributed by the Secretary, for use by the Secretary for 

carrying out this subtitle. 

(b) ACCOUNTS.—The Secretary shall establish in the 

Implementation Fund the following accounts: 

(1) The MR&I System, Irrigation, and Water Storage 

Account. 

(2) The Blackfeet Irrigation Project Deferred Maintenance 

and Four Horns Dam Safety Improvements Account. 

(3) The St. Mary/Milk Water Management and Activities 

Fund. 

(c) DEPOSITS.—The Secretary shall deposit in the Implementation Fund— 

(1) in the MR&I System, Irrigation, and Water Storage 

Account, the amount made available pursuant to section 

3718(a)(2)(A); 

(2) in the Blackfeet Irrigation Project Deferred Maintenance 

and Four Horns Dam Safety Improvements Account, the 

amount made available pursuant to section 3718(a)(2)(B); and 

(3) in the St. Mary/Milk Water Management and Activities 

Fund, the amount made available pursuant to section 

3718(a)(2)(C). 

(d) USES.— 

(1) MR&I SYSTEM, IRRIGATION, AND WATER STORAGE

ACCOUNT.—The MR&I System, Irrigation, and Water Storage 

Account shall be used to carry out sections 3711 and 3712. 

(2) BLACKFEET IRRIGATION PROJECT DEFERRED MAINTENANCE AND FOUR HORNS DAM SAFETY IMPROVEMENTS

ACCOUNT.—The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account shall 

be used to carry out section 3710. 

(3) ST. MARY/MILK WATER MANAGEMENT AND ACTIVITIES

ACCOUNT.—The St. Mary/Milk Water Management and Activities Account shall be used to carry out sections 3705 and 

3707. 


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(e) MANAGEMENT.—Amounts in the Implementation Fund shall 

not be available to the Secretary for expenditure until the enforceability date. 

(f) INTEREST.—In addition to the deposits under subsection 

(c), any interest credited to amounts unexpended in the Implementation Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (d). 

SEC. 3718. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—Subject to subsection (b), there are authorized 

to be appropriated to the Secretary— 

(1) as adjusted on appropriation to reflect changes since 

April 2010 in the Consumer Price Index for All Urban Consumers West Urban 50,000 to 1,500,000 index for the amount 

appropriated— 

(A) for deposit in the Administration and Energy 

Account of the Blackfeet Settlement Trust Fund established 

under section 3716(b)(1), $28,900,000; 

(B) for deposit in the OM&R Account of the Blackfeet 

Settlement Trust Fund established under section 

3716(b)(2), $27,760,000; 

(C) for deposit in the St. Mary Account of the Blackfeet 

Settlement Trust Fund established under section 

3716(b)(3), $27,800,000; 

(D) for deposit in the Blackfeet Water, Storage, and 

Development Projects Account of the Blackfeet Settlement 

Trust Fund established under section 3716(b)(4), 

$91,000,000; and 

(E) the amount of interest credited to the unexpended 

amounts of the Blackfeet Settlement Trust Fund; and 

(2) as adjusted annually to reflect changes since April 

2010 in the Bureau of Reclamation Construction Cost Trends 

Index applicable to the types of construction involved— 

(A) for deposit in the MR&I System, Irrigation, and 

Water Storage Account of the Blackfeet Water Settlement 

Implementation Fund established under section 3717(b)(1), 

$163,500,000; 

(B) for deposit in the Blackfeet Irrigation Project 

Deferred Maintenance, Four Horns Dam Safety, and 

Rehabilitation and Enhancement of the Four Horns Feeder 

Canal, Dam, and Reservoir Improvements Account of the 

Blackfeet Water Settlement Implementation Fund established under section 3717(b)(2), $54,900,000, of which— 

(i) $40,900,000 shall be made available for activities and projects under section 3710(c); and 

(ii) $14,000,000 shall be made available for activities and projects under section 3710(d)(2); 

(C) for deposit in the St. Mary/Milk Water Management 

and Activities Account of the Blackfeet Water Settlement 

Implementation Fund established under section 3717(b)(3), 

$28,100,000, of which— 

(i) $27,600,000 shall be allocated in accordance 

with section 3707(g); and 

(ii) $500,000 shall be used to carry out section 

3705; and 


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(D) the amount of interest credited to the unexpended 

amounts of the Blackfeet Water Settlement Implementation 

Fund. 

(b) ADJUSTMENTS.— (1) IN GENERAL.—The adjustment of the amounts authorized to be appropriated pursuant to subsection (a)(1) shall occur 

each time an amount is appropriated for an account and shall 

add to, or subtract from, as applicable, the total amount authorized. 

(2) REPETITION.—The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been 

appropriated. 

(3) TREATMENT.—The amount of an adjustment may be 

considered— 

(A) to be authorized as of the date on which congressional action occurs; and 

(B) in determining the amount authorized to be appropriated. 

SEC. 3719. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST 

AND GLACIER NATIONAL PARK. 

The instream flow water rights of the Tribe on land within 

the Lewis and Clark National Forest and Glacier National Park— 

(1) are confirmed; and 

(2) shall be as described in the document entitled ‘‘Stipulation to Address Claims by and for the Benefit of the Blackfeet 

Indian Tribe to Water Rights in the Lewis & Clark National 

Forest and Glacier National Park’’ and as finally decreed by 

the Montana Water Court, or, if the Montana Water Court 

is found to lack jurisdiction, by the United States district court 

with jurisdiction. 

SEC. 3720. WAIVERS AND RELEASES OF CLAIMS. 

(a) IN GENERAL.— (1) WAIVER AND RELEASE OF CLAIMS BY TRIBE AND UNITED

STATES AS TRUSTEE FOR TRIBE.—Subject to the reservation of 

rights and retention of claims under subsection (c), as consideration for recognition of the Tribal water rights and other benefits as described in the Compact and this subtitle, the Tribe, 

acting on behalf of the Tribe and members of the Tribe (but 

not any member of the Tribe as an allottee), and the United 

States, acting as trustee for the Tribe and the members of 

the Tribe (but not any member of the Tribe as an allottee), 

shall execute a waiver and release of all claims for water 

rights within the State that the Tribe, or the United States 

acting as trustee for the Tribe, asserted or could have asserted 

in any proceeding, including a State stream adjudication, on 

or before the enforceability date, except to the extent that 

such rights are recognized in the Compact and this subtitle. 

(2) WAIVER AND RELEASE OF CLAIMS BY UNITED STATES

AS TRUSTEE FOR ALLOTTEES.—Subject to the reservation of 

rights and the retention of claims under subsection (c), as 

consideration for recognition of the Tribal water rights and 

other benefits as described in the Compact and this subtitle, 

the United States, acting as trustee for allottees, shall execute 

a waiver and release of all claims for water rights within 

the Reservation that the United States, acting as trustee for 


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the allottees, asserted or could have asserted in any proceeding, 

including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized 

in the Compact and this subtitle. 

(3) WAIVER AND RELEASE OF CLAIMS BY TRIBE AGAINST

UNITED STATES.—Subject to the reservation of rights and retention of claims under subsection (d), the Tribe, acting on behalf 

of the Tribe and members of the Tribe (but not any member 

of the Tribe as an allottee), shall execute a waiver and release 

of all claims against the United States (including any agency 

or employee of the United States)— 

(A) relating to— 

(i) water rights within the State that the United 

States, acting as trustee for the Tribe, asserted or 

could have asserted in any proceeding, including a 

stream adjudication in the State, except to the extent 

that such rights are recognized as Tribal water rights 

under this subtitle; 

(ii) damage, loss, or injury to water, water rights, 

land, or natural resources due to loss of water or 

water rights (including damages, losses, or injuries 

to hunting, fishing, gathering, or cultural rights due 

to loss of water or water rights, claims relating to 

interference with, diversion, or taking of water, or 

claims relating to failure to protect, acquire, replace, 

or develop water, water rights, or water infrastructure) 

within the State that first accrued at any time on 

or before the enforceability date; 

(iii) a failure to establish or provide a municipal 

rural or industrial water delivery system on the Reservation; 

(iv) a failure to provide for operation or maintenance, or deferred maintenance, for the Blackfeet 

Irrigation Project or any other irrigation system or 

irrigation project on the Reservation; 

(v) the litigation of claims relating to the water 

rights of the Tribe in the State; and 

(vi) the negotiation, execution, or adoption of the 

Compact (including exhibits) or this subtitle; 

(B) reserved in subsections (b) through (d) of section 

3706 of the settlement for the case styled Blackfeet Tribe 

v. United States, No. 02–127L (Fed. Cl. 2012); and 

(C) that first accrued at any time on or before the 

enforceability date— 

(i) arising from the taking or acquisition of the 

land of the Tribe or resources for the construction 

of the features of the St. Mary Unit of the Milk River 

Project; 

(ii) relating to the construction, operation, and 

maintenance of the St. Mary Unit of the Milk River 

Project, including Sherburne Dam, St. Mary Diversion 

Dam, St. Mary Canal and associated infrastructure, 

and the management of flows in Swiftcurrent Creek, 

including the diversion of Swiftcurrent Creek into 

Lower St. Mary Lake; 


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(iii) relating to the construction, operation, and 

management of Lower Two Medicine Dam and Reservoir and Four Horns Dam and Reservoir, including 

any claim relating to the failure to provide dam safety 

improvements for Four Horns Reservoir; or 

(iv) relating to the allocation of waters of the Milk 

River and St. Mary River (including tributaries) 

between the United States and Canada pursuant to 

the International Boundary Waters Treaty of 1909 (36 

Stat. 2448). 

(b) EFFECTIVENESS.—The waivers and releases under subsection 

(a) shall take effect on the enforceability date. 

(c) WITHDRAWAL OF OBJECTIONS.—The Tribe shall withdraw 

all objections to the water rights claims filed by the United States 

for the benefit of the Milk River Project, except objections to those 

claims consolidated for adjudication within Basin 40J, within 14 

days of the certification under subsection (f)(5) that the Tribal 

membership has approved the Compact and this subtitle. 

(1) Prior to withdrawal of the objections, the Tribe may 

seek leave of the Montana Water Court for a right to reinstate 

the objections in the event the conditions of enforceability in 

subsection (f)(1) through (8) are not satisfied by the date of 

expiration described in section 3723 of this subtitle. 

(2) If the conditions of enforceability in subsection (f)(1) 

through (8) are satisfied, and any authority the Montana Water 

Court may have granted the Tribe to reinstate objections 

described in this section has not yet expired, the Tribe shall 

notify the Montana Water Court and the United States in 

writing that it will not exercise any such authority. 

(d) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases under subsection (a), the 

Tribe, acting on behalf of the Tribe and members of the Tribe, 

and the United States, acting as trustee for the Tribe and allottees, 

shall retain— 

(1) all claims relating to— 

(A) enforcement of, or claims accruing after the enforceability date relating to water rights recognized under, the 

Compact, any final decree, or this subtitle; 

(B) activities affecting the quality of water, including 

any claim under— 

(i) the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 

9601 et seq.), including damages to natural resources; 

(ii) the Safe Drinking Water Act (42 U.S.C. 300f 

et seq.); 

(iii) the Federal Water Pollution Control Act (33 

U.S.C. 1251 et seq.) (commonly referred to as the 

‘‘Clean Water Act’’); and 

(iv) any regulations implementing the Acts 

described in clauses (i) through (iii); or 

(C) damage, loss, or injury to land or natural resources 

that are not due to loss of water or water rights (including 

hunting, fishing, gathering, or cultural rights); 

(2) all rights to use and protect water rights acquired 

after the date of enactment of this Act; and 


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(3) all rights, remedies, privileges, immunities, and powers 

not specifically waived and released pursuant to this subtitle 

or the Compact. 

(e) EFFECT OF COMPACT AND SUBTITLE.—Nothing in the Compact or this subtitle— 

(1) affects the ability of the United States, acting as a 

sovereign, to take any action authorized by law (including any 

law relating to health, safety, or the environment), including— 

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.); 

(B) the Safe Drinking Water Act (42 U.S.C. 300f et 

seq.); 

(C) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.) (commonly referred to as the ‘‘Clean Water 

Act’’); and 

(D) any regulations implementing the Acts described 

in subparagraphs (A) through (C); 

(2) affects the ability of the United States to act as trustee 

for any other Indian tribe or allottee of any other Indian tribe; 

(3) confers jurisdiction on any State court— 

(A) to interpret Federal law regarding health, safety, 

or the environment; 

(B) to determine the duties of the United States or 

any other party pursuant to a Federal law regarding health, 

safety, or the environment; or 

(C) to conduct judicial review of a Federal agency 

action; 

(4) waives any claim of a member of the Tribe in an 

individual capacity that does not derive from a right of the 

Tribe; 

(5) revives any claim waived by the Tribe in the case 

styled Blackfeet Tribe v. United States, No. 02–127L (Fed. 

Cl. 2012); or 

(6) revives any claim released by an allottee or a tribal 

member in the settlement for the case styled Cobell v. Salazar, 

No. 1:96CV01285–JR (D.D.C. 2012). 

(f) ENFORCEABILITY DATE.—The enforceability date shall be 

the date on which the Secretary publishes in the Federal Register 

a statement of findings that— 

(1)(A) the Montana Water Court has approved the Compact, 

and that decision has become final and nonappealable; or 

(B) if the Montana Water Court is found to lack jurisdiction, 

the appropriate United States district court has approved the 

Compact, and that decision has become final and nonappealable; 

(2) all amounts authorized under section 3718(a) have been 

appropriated; 

(3) the agreements required by sections 3706(c), 3707(f), 

and 3709(c) have been executed; 

(4) the State has appropriated and paid into an interestbearing escrow account any payments due as of the date of 

enactment of this Act to the Tribe under the Compact, the 

Birch Creek Agreement, and this subtitle; 

(5) the members of the Tribe have voted to approve this 

subtitle and the Compact by a majority of votes cast on the 

day of the vote, as certified by the Secretary and the Tribe; 


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(6) the Secretary has fulfilled the requirements of section 

3709(a); 

(7) the agreement or terms and conditions referred to in 

section 3705 are executed and final; and 

(8) the waivers and releases described in subsection (a) 

have been executed by the Tribe and the Secretary. 

(g) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled during the period beginning on 

the date of enactment of this Act and ending on the date 

on which the amounts made available to carry out this subtitle 

are transferred to the Secretary. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act. 

(h) EXPIRATION.—If all appropriations authorized by this subtitle have not been made available to the Secretary by January 

21, 2026, or such alternative later date as is agreed to by the 

Tribe and the Secretary, the waivers and releases described in 

this section shall— 

(1) expire; and 

(2) have no further force or effect. 

(i) VOIDING OF WAIVERS.—If the waivers and releases described 

in this section are void under subsection (h)— 

(1) the approval of the United States of the Compact under 

section 3704 shall no longer be effective; 

(2) any unexpended Federal funds appropriated or made 

available to carry out the activities authorized by this subtitle, 

together with any interest earned on those funds, and any 

water rights or contracts to use water and title to other property 

acquired or constructed with Federal funds appropriated or 

made available to carry out the activities authorized under 

this subtitle shall be returned to the Federal Government, 

unless otherwise agreed to by the Tribe and the United States 

and approved by Congress; and 

(3) except for Federal funds used to acquire or develop 

property that is returned to the Federal Government under 

paragraph (2), the United States shall be entitled to offset 

any Federal funds appropriated or made available to carry 

out the activities authorized under this subtitle that were 

expended or withdrawn, together with any interest accrued, 

against any claims against the United States relating to water 

rights in the State asserted by the Tribe or any user of the 

Tribal water rights or in any future settlement of the water 

rights of the Tribe or an allottee. 

SEC. 3721. SATISFACTION OF CLAIMS. 

(a) TRIBAL CLAIMS.—The benefits realized by the Tribe under 

this subtitle shall be in complete replacement of, complete substitution for, and full satisfaction of all— 

(1) claims of the Tribe against the United States waived 

and released pursuant to section 3720(a); and 

(2) objections withdrawn pursuant to section 3720(c). 


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(b) ALLOTTEE CLAIMS.—The benefits realized by the allottees 

under this subtitle shall be in complete replacement of, complete 

substitution for, and full satisfaction of— 

(1) all claims waived and released pursuant to section 

3720(a)(2); and 

(2) any claim of an allottee against the United States 

similar in nature to a claim described in section 3720(a)(2) 

that the allottee asserted or could have asserted. 

SEC. 3722. MISCELLANEOUS PROVISIONS. 

(a) WAIVER OF SOVEREIGN IMMUNITY.—Except as provided in 

subsections (a) through (c) of section 208 of the Department of 

Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

subtitle waives the sovereign immunity of the United States. 

(b) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this 

subtitle quantifies or diminishes any land or water right, or any 

claim or entitlement to land or water, of an Indian tribe, band, 

or community other than the Tribe. 

(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect 

to any Indian-owned land located within the Reservation— 

(1) the United States shall not submit against that land 

any claim for reimbursement of the cost to the United States 

of carrying out this subtitle or the Compact; and 

(2) no assessment of that land shall be made regarding 

that cost. 

(d) LIMITATION ON LIABILITY OF UNITED STATES.— 

(1) IN GENERAL.—The United States has no obligation— 

(A) to monitor, administer, or account for, in any 

manner, any funds provided to the Tribe by the State; 

or 

(B) to review or approve any expenditure of those 

funds. 

(2) INDEMNITY.—The Tribe shall indemnify the United 

States, and hold the United States harmless, with respect to 

all claims (including claims for takings or breach of trust) 

arising from the receipt or expenditure of amounts described 

in this subsection. 

(e) EFFECT ON CURRENT LAW.—Nothing in this section affects 

any provision of law (including regulations) in effect on the day 

before the date of enactment of this Act with respect to 

preenforcement review of any Federal environmental enforcement 

action. 

(f) EFFECT ON RECLAMATION LAWS.—The activities carried out 

by the Commissioner of Reclamation under this subtitle shall not 

establish a precedent or impact the authority provided under any 

other provision of the reclamation laws, including— 

(1) the Reclamation Rural Water Supply Act of 2006 (43 

U.S.C. 2401 et seq.); and 

(2) the Omnibus Public Land Management Act of 2009 

(Public Law 111–11; 123 Stat. 991). 

(g) IRRIGATION EFFICIENCY IN UPPER BIRCH CREEK DRAINAGE.— 

Any activity carried out by the Tribe in the Upper Birch Creek 

Drainage (as defined in article II.50 of the Compact) using funds 

made available to carry out this subtitle shall achieve an irrigation 

efficiency of not less than 50 percent. 


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(h) BIRCH CREEK AGREEMENT APPROVAL.—The Birch Creek 

Agreement is approved to the extent that the Birch Creek Agreement requires approval under section 2116 of the Revised Statutes 

(25 U.S.C. 177). 

(i) LIMITATION ON EFFECT.—Nothing in this subtitle or the 

Compact— 

(1) makes an allocation or apportionment of water between 

or among States; or 

(2) addresses or implies whether, how, or to what extent 

the Tribal water rights, or any portion of the Tribal water 

rights, should be accounted for as part of, or otherwise charged 

against, an allocation or apportionment of water made to a 

State in an interstate allocation or apportionment. 

SEC. 3723. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE. 

If the Secretary fails to publish a statement of findings under 

section 3720(f) by not later than January 21, 2025, or such alternative later date as is agreed to by the Tribe and the Secretary, 

after reasonable notice to the State, as applicable— 

(1) this subtitle expires effective on the later of— 

(A) January 22, 2025; and 

(B) the day after such alternative later date as is 

agreed to by the Tribe and the Secretary; 

(2) any action taken by the Secretary and any contract 

or agreement entered into pursuant to this subtitle shall be 

void; 

(3) any amounts made available under section 3718, 

together with any interest on those amounts, that remain unexpended shall immediately revert to the general fund of the 

Treasury, except for any funds made available under section 

3716(e)(2) if the Montana Water Court denies the Tribe’s 

request to reinstate the objections in section 3720(c); and 

(4) the United States shall be entitled to offset against 

any claims asserted by the Tribe against the United States 

relating to water rights— 

(A) any funds expended or withdrawn from the 

amounts made available pursuant to this subtitle; and 

(B) any funds made available to carry out the activities 

authorized by this subtitle from other authorized sources, 

except for any funds provided under section 3716(e)(2) if 

the Montana Water court denies the Tribe’s request to 

reinstate the objections in section 3720(c). 

SEC. 3724. ANTIDEFICIENCY. 

The United States shall not be liable for any failure to carry 

out any obligation or activity authorized by this subtitle (including 

any obligation or activity under the Compact) if— 

(1) adequate appropriations are not provided expressly by 

Congress to carry out the purposes of this subtitle; or 

(2) there are not enough monies available to carry out 

the purposes of this subtitle in the Reclamation Water Settlements Fund established under section 10501(a) of the Omnibus 

Public Land Management Act of 2009 (43 U.S.C. 407(a)). 


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130 STAT. 1846 PUBLIC LAW 114–322—DEC. 16, 2016 

Subtitle H—Water Desalination 

SEC. 3801. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996. 

(a) AUTHORIZATION OF RESEARCH AND STUDIES.—Section 3 of 

the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 

Law 104–298) is amended— 

(1) in subsection (a)— 

(A) in paragraph (6), by striking ‘‘and’’ at the end; 

(B) in paragraph (7), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(8) development of metrics to analyze the costs and benefits of desalination relative to other sources of water (including 

costs and benefits related to associated infrastructure, energy 

use, environmental impacts, and diversification of water supplies); and 

‘‘(9) development of design and siting specifications that 

avoid or minimize, adverse economic and environmental 

impacts.’’; and 

(2) by adding at the end the following: 

‘‘(e) PRIORITIZATION.—In carrying out this section, the Secretary 

shall prioritize funding for research— 

‘‘(1) to reduce energy consumption and lower the cost of 

desalination, including chloride control; 

‘‘(2) to reduce the environmental impacts of seawater 

desalination and develop technology and strategies to minimize 

those impacts; 

‘‘(3) to improve existing reverse osmosis and membrane 

technology; 

‘‘(4) to carry out basic and applied research on next generation desalination technologies, including improved energy 

recovery systems and renewable energy-powered desalination 

systems that could significantly reduce desalination costs; 

‘‘(5) to develop portable or modular desalination units 

capable of providing temporary emergency water supplies for 

domestic or military deployment purposes; and 

‘‘(6) to develop and promote innovative desalination technologies, including chloride control, identified by the Secretary.’’. 

(b) DESALINATION DEMONSTRATION AND DEVELOPMENT.—Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 

note; Public Law 104–298) is amended by adding at the end the 

following: 

‘‘(c) PRIORITIZATION.—In carrying out demonstration and 

development activities under this section, the Secretary shall 

prioritize projects— 

‘‘(1) for the benefit of drought-stricken States and communities; 

‘‘(2) for the benefit of States that have authorized funding 

for research and development of desalination technologies and 

projects; 

‘‘(3) that can reduce reliance on imported water supplies 

that have an impact on species listed under the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.); and 


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‘‘(4) that demonstrably leverage the experience of international partners with considerable expertise in desalination, 

such as the State of Israel. 

‘‘(d) WATER PRODUCTION.—The Secretary shall provide, as part 

of the annual budget submission to Congress, an estimate of how 

much water has been produced and delivered in the past fiscal 

year using processes and facilities developed or demonstrated using 

assistance provided under sections 3 and 4. This submission shall 

include, to the extent practicable, available information on a 

detailed water accounting by process and facility and the cost 

per acre foot of water produced and delivered.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 8 of the Water 

Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104– 

298) is amended— 

(1) in subsection (a), by striking ‘‘2013’’ and inserting 

‘‘2021’’; and 

(2) in subsection (b), by striking ‘‘for each of fiscal years 

2012 through 2013’’ and inserting ‘‘for each of fiscal years 

2017 through 2021’’. 

(d) CONSULTATION.—Section 9 of the Water Desalination Act 

of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended— 

(1) by striking the section designation and heading and 

all that follows through ‘‘In carrying out’’ in the first sentence 

and inserting the following: 

‘‘SEC. 9. CONSULTATION AND COORDINATION. 

‘‘(a) CONSULTATION.—In carrying out’’; 

(2) in the second sentence, by striking ‘‘The authorization’’ 

and inserting the following: 

‘‘(c) OTHER DESALINATION PROGRAMS.—The authorization’’; and 

(3) by inserting after subsection (a) (as designated by paragraph (1)) the following: 

‘‘(b) COORDINATION OF FEDERAL DESALINATION RESEARCH AND

DEVELOPMENT.—The White House Office of Science and Technology 

Policy shall develop a coordinated strategic plan that— 

‘‘(1) establishes priorities for future Federal investments 

in desalination; 

‘‘(2) coordinates the activities of Federal agencies involved 

in desalination, including the Bureau of Reclamation, the Corps 

of Engineers, the United States Army Tank Automotive 

Research, Development and Engineering Center, the National 

Science Foundation, the Office of Naval Research of the Department of Defense, the National Laboratories of the Department 

of Energy, the United States Geological Survey, the Environmental Protection Agency, and the National Oceanic and 

Atmospheric Administration; 

‘‘(3) strengthens research and development cooperation 

with international partners, such as the State of Israel, in 

the area of desalination technology; and 

‘‘(4) promotes public-private partnerships to develop a 

framework for assessing needs for, and to optimize siting and 

design of, future ocean desalination projects.’’. 


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130 STAT. 1848 PUBLIC LAW 114–322—DEC. 16, 2016 

Subtitle I—Amendments to the Great 

Lakes Fish and Wildlife Restoration Act 

of 1990 

SEC. 3901. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE 

RESTORATION ACT OF 1990. 

(a) REFERENCES.—Except as otherwise expressly provided, 

wherever in this section an amendment is expressed in terms 

of an amendment to a section or other provision, the reference 

shall be considered to be made to a section or other provision 

of the Great Lakes Fish and Wildlife Restoration Act of 1990 

(16 U.S.C. 941 et seq.). 

(b) FINDINGS.—The Act is amended by striking section 1002 

and inserting the following: 

‘‘SEC. 1002. FINDINGS. 

‘‘Congress finds that— 

‘‘(1) the Great Lakes have fish and wildlife communities 

that are structurally and functionally changing; 

‘‘(2) successful fish and wildlife management focuses on 

the lakes as ecosystems, and effective management requires 

the coordination and integration of efforts of many partners; 

‘‘(3) additional actions and better coordination are needed 

to protect and effectively manage the fish and wildlife resources, 

and the habitats on which the resources depend, in the Great 

Lakes Basin; and 

‘‘(4) this Act allows Federal agencies, States, and Indian 

tribes to work in an effective partnership by providing the 

funding for restoration work.’’. 

(c) IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS AND REGIONAL PROJECTS.— 

(1) REQUIREMENTS FOR PROPOSALS AND REGIONAL

PROJECTS.—Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is 

amended— 

(A) in clause (v), by striking ‘‘and’’ at the end; 

(B) in clause (vi), by striking the period at the end 

and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(vii) the strategic action plan of the Great Lakes 

Restoration Initiative; and 

‘‘(viii) each applicable State wildlife action plan.’’. 

(2) REVIEW OF PROPOSALS.—Section 1005(c)(2)(C) (16 U.S.C. 

941c(c)(2)(C)) is amended by striking ‘‘Great Lakes Coordinator 

of the’’. 

(3) COST SHARING.—Section 1005(e) (16 U.S.C. 941c(e)) is 

amended— 

(A) in paragraph (1)— 

(i) by striking ‘‘Except as provided in paragraphs 

(2) and (4), not less than 25 percent of the cost of 

implementing a proposal’’ and inserting the following: 

‘‘(A) NON-FEDERAL SHARE.—Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less 

than 25 percent of the cost of implementing a proposal 

or regional project’’; and 

(ii) by adding at the end the following: 

16 USC 941. 


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‘‘(B) TIME PERIOD FOR PROVIDING MATCH.—The nonFederal share of the cost of implementing a proposal or 

regional project required under subparagraph (A) may be 

provided at any time during the 2-year period preceding 

January 1 of the year in which the Director receives the 

application for the proposal or regional project.’’; 

(B) by redesignating paragraphs (2) through (4) as 

paragraphs (3) through (5), respectively; and 

(C) by inserting before paragraph (3) (as so redesignated) the following: 

‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL SHARE.— ‘‘(A) IN GENERAL.—The Director may determine the 

non-Federal share under paragraph (1) by taking into 

account— 

‘‘(i) the appraised value of land or a conservation 

easement as described in subparagraph (B); or 

‘‘(ii) as described in subparagraph (C), the costs 

associated with— 

‘‘(I) securing a conservation easement; and 

‘‘(II) restoration or enhancement of the conservation easement. 

‘‘(B) APPRAISAL OF CONSERVATION EASEMENT.— 

‘‘(i) IN GENERAL.—The value of a conservation easement may be used to satisfy the non-Federal share 

of the cost of implementing a proposal or regional 

project required under paragraph (1)(A) if the Director 

determines that the conservation easement— 

‘‘(I) meets the requirements of subsection 

(b)(2); 

‘‘(II) is acquired before the end of the grant 

period of the proposal or regional project; 

‘‘(III) is held in perpetuity for the conservation 

purposes of the programs of the United States 

Fish and Wildlife Service related to the Great 

Lakes Basin, as described in section 1006, by an 

accredited land trust or conservancy or a Federal, 

State, or tribal agency; 

‘‘(IV) is connected either physically or through 

a conservation planning process to the proposal 

or regional project; and 

‘‘(V) is appraised in accordance with clause 

(ii). 

‘‘(ii) APPRAISAL.—With respect to the appraisal of 

a conservation easement described in clause (i)— 

‘‘(I) the appraisal valuation date shall be not 

later than 1 year after the price of the conservation 

easement was set under a contract; and 

‘‘(II) the appraisal shall— 

‘‘(aa) conform to the Uniform Standards 

of Professional Appraisal Practice (USPAP); 

and 

‘‘(bb) be completed by a Federal- or Statecertified appraiser. 

‘‘(C) COSTS OF SECURING CONSERVATION EASEMENTS.— 

‘‘(i) IN GENERAL.—All costs associated with 

securing a conservation easement and restoration or 

enhancement of that conservation easement may be 


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used to satisfy the non-Federal share of the cost of 

implementing a proposal or regional project required 

under paragraph (1)(A) if the activities and expenses 

associated with securing the conservation easement 

and restoration or enhancement of that conservation 

easement meet the requirements of subparagraph 

(B)(i). 

‘‘(ii) INCLUSION.—The costs referred to in clause 

(i) may include cash, in-kind contributions, and indirect 

costs. 

‘‘(iii) EXCLUSION.—The costs referred to in clause 

(i) may not be costs associated with mitigation or litigation (other than costs associated with the Natural 

Resource Damage Assessment program).’’. 

(d) ESTABLISHMENT OF OFFICES.—Section 1007 (16 U.S.C. 941e) 

is amended— 

(1) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘FISHERY

RESOURCES’’ and inserting ‘‘FISH AND WILDLIFE CONSERVATION’’; and 

(B) by striking ‘‘Fishery Resources’’ each place it 

appears and inserting ‘‘Fish and Wildlife Conservation’’; 

(2) in subsection (c)— 

(A) in the subsection heading, by striking ‘‘FISHERY

RESOURCES’’ and inserting ‘‘FISH AND WILDLIFE CONSERVATION’’; and 

(B) by striking ‘‘Fishery Resources’’ each place it 

appears and inserting ‘‘Fish and Wildlife Conservation’’; 

(3) by striking subsection (a); and 

(4) by redesignating subsections (b) and (c) as subsections 

(a) and (b), respectively. 

(e) REPORTS.—Section 1008 (16 U.S.C. 941f) is amended— 

(1) in subsection (a), in the matter preceding paragraph 

(1), by striking ‘‘2011’’ and inserting ‘‘2021’’; 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘2007 through 2012’’ and inserting ‘‘2016 through 2020’’; 

and 

(B) in paragraph (5), by inserting ‘‘the Great Lakes 

Restoration Initiative Action Plan based on’’ after ‘‘in support of’’; and 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) CONTINUED MONITORING AND ASSESSMENT OF STUDY

FINDINGS AND RECOMMENDATIONS.—The Director— 

‘‘(1) shall continue to monitor the status, and the assessment, management, and restoration needs, of the fish and 

wildlife resources of the Great Lakes Basin; and 

‘‘(2) may reassess and update, as necessary, the findings 

and recommendations of the Report.’’. 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 1009 (16 

U.S.C. 941g) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘2007 

through 2012’’ and inserting ‘‘2016 through 2021’’; 

(2) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘$14,000,000’’ and inserting ‘‘$6,000,000’’; 


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(B) in subparagraph (A), by striking ‘‘$4,600,000’’ and 

inserting ‘‘$2,000,000’’; and 

(C) in subparagraph (B), by striking ‘‘$700,000’’ and 

inserting ‘‘$300,000’’; and 

(3) in paragraph (2), by striking ‘‘the activities of’’ and 

all that follows through ‘‘section 1007’’ and inserting ‘‘the activities of the Upper Great Lakes Fish and Wildlife Conservation 

Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007’’. 

(g) PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION

OF INTERESTS IN LAND.—Section 1009 (16 U.S.C. 941g) is further 

amended— 

(1) by inserting before the sentence the following: 

‘‘(a) AUTHORIZATION.—’’; and 

(2) by adding at the end the following: 

‘‘(b) PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION

OF INTERESTS IN LAND.—No funds appropriated or used to carry 

out this Act may be used for acquisition by the Federal Government 

of any interest in land.’’. 

(h) CONFORMING AMENDMENT.—Section 8 of the Great Lakes 

Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; 

Public Law 109–326) is repealed. 

Subtitle J—California Water 

SEC. 4001. OPERATIONS AND REVIEWS. 

(a) WATER SUPPLIES.—The Secretary of the Interior and Secretary of Commerce shall provide the maximum quantity of water 

supplies practicable to Central Valley Project agricultural, municipal and industrial contractors, water service or repayment contractors, water rights settlement contractors, exchange contractors, 

refuge contractors, and State Water Project contractors, by 

approving, in accordance with applicable Federal and State laws 

(including regulations), operations or temporary projects to provide 

additional water supplies as quickly as possible, based on available 

information. 

(b) ADMINISTRATION.—In carrying out subsection (a), the Secretary of the Interior and Secretary of Commerce shall, consistent 

with applicable laws (including regulations)— 

(1)(A) in close coordination with the California Department 

of Water Resources and the California Department of Fish 

and Wildlife, implement a pilot project to test and evaluate 

the ability to operate the Delta cross-channel gates daily or 

as otherwise may be appropriate to keep them open to the 

greatest extent practicable to protect out-migrating salmonids, 

manage salinities in the interior Delta and any other water 

quality issues, and maximize Central Valley Project and State 

Water Project pumping, subject to the condition that the pilot 

project shall be designed and implemented consistent with operational criteria and monitoring criteria required by the California State Water Resources Control Board; and 

(B) design, implement, and evaluate such real-time monitoring capabilities to enable effective real-time operations of 

the cross channel in order efficiently to meet the objectives 

described in subparagraph (A); 


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(2) with respect to the operation of the Delta cross-channel 

gates described in paragraph (1), collect data on the impact 

of that operation on— 

(A) species listed as threatened or endangered under 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.); 

(B) water quality; and 

(C) water supply benefits; 

(3) collaborate with the California Department of Water 

Resources to install a deflection barrier at Georgiana Slough 

and the Delta Cross Channel Gate to protect migrating 

salmonids, consistent with knowledge gained from activities 

carried out during 2014 and 2015; 

(4) upon completion of the pilot project in paragraph (1), 

submit to the Senate Committees on Energy and Natural 

Resources and Environment and Public Works and the House 

Committee on Natural Resources a written notice and explanation on the extent to which the gates are able to remain 

open and the pilot project achieves all the goals set forth 

in paragraphs (1) through (3); 

(5) implement turbidity control strategies that may allow 

for increased water deliveries while avoiding jeopardy to adult 

Delta smelt (Hypomesus transpacificus); 

(6) in a timely manner, evaluate any proposal to increase 

flow in the San Joaquin River through a voluntary sale, 

transfer, or exchange of water from an agency with rights 

to divert water from the San Joaquin River or its tributaries; 

(7) adopt a 1:1 inflow to export ratio for the increment 

of increased flow, as measured as a 3-day running average 

at Vernalis during the period from April 1 through May 31, 

that results from the voluntary sale, transfer, or exchange, 

unless the Secretary of the Interior and Secretary of Commerce 

determine in writing that a 1:1 inflow to export ratio for that 

increment of increased flow will cause additional adverse effects 

on listed salmonid species beyond the range of the effects 

anticipated to occur to the listed salmonid species for the duration of the salmonid biological opinion using the best scientific 

and commercial data available; and subject to the condition 

that any individual sale, transfer, or exchange using a 1:1 

inflow to export ratio adopted under the authority of this section 

may only proceed if— 

(A) the Secretary of the Interior determines that the 

environmental effects of the proposed sale, transfer, or 

exchange are consistent with effects permitted under 

applicable law (including the Endangered Species Act of 

1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution 

Control Act (33 U.S.C. 1381 et seq.), and the Porter-Cologne 

Water Quality Control Act (California Water Code 13000 

et seq.)); 

(B) Delta conditions are suitable to allow movement 

of the acquired, transferred, or exchanged water through 

the Delta consistent with existing Central Valley Project 

and State Water Project permitted water rights and the 

requirements of subsection (a)(1)(H) of the Central Valley 

Project Improvement Act; and 

(C) such voluntary sale, transfer, or exchange of water 

results in flow that is in addition to flow that otherwise 


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would occur in the absence of the voluntary sale, transfer, 

or exchange; 

(8)(A) issue all necessary permit decisions during emergency consultation under the authority of the Secretary of 

the Interior and Secretary of Commerce not later than 60 

days after receiving a completed application by the State to 

place and use temporary barriers or operable gates in Delta 

channels to improve water quantity and quality for State Water 

Project and Central Valley Project south-of-Delta water contractors and other water users, which barriers or gates shall provide 

benefits for species protection and in-Delta water user water 

quality, provided that they are designed so that, if practicable, 

formal consultations under section 7 of the Endangered Species 

Act of 1973 (16 U.S.C. 1536) are not necessary; and 

(B) take longer to issue the permit decisions in subparagraph (A) only if the Secretary determines in writing that 

an Environmental Impact Statement is needed for the proposal 

to comply with the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 

(9) allow and facilitate, consistent with existing priorities, 

water transfers through the C.W. ‘‘Bill’’ Jones Pumping Plant 

or the Harvey O. Banks Pumping Plant from April 1 to 

November 30; 

(10) require the Director of the United States Fish and 

Wildlife Service and the Commissioner of Reclamation to— 

(A) determine if a written transfer proposal is complete 

within 30 days after the date of submission of the proposal. 

If the contracting district or agency or the Secretary determines that the proposal is incomplete, the district or agency 

or the Secretary shall state with specificity what must 

be added to or revised for the proposal to be complete; 

(B) complete all requirements under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

and the Endangered Species Act of 1973 (16 U.S.C. et 

seq.) necessary to make final permit decisions on water 

transfer requests in the State, not later than 45 days 

after receiving a completed request; 

(C) take longer to issue the permit decisions in 

subparagraph (B) only if the Secretary determines in 

writing that an Environmental Impact Statement is needed 

for the proposal to comply with the National Environmental 

Policy Act of 1969 (42 U.S.C. et seq.), or that the application 

is incomplete pursuant to subparagraph (A); and 

(D) approve any water transfer request described in 

subparagraph (A) to maximize the quantity of water supplies on the condition that actions associated with the 

water transfer are consistent with— 

(i) existing Central Valley Project and State Water 

Project permitted water rights and the requirements 

of section 3405(a)(1)(H) of the Central Valley Project 

Improvement Act; and 

(ii) all other applicable laws and regulations; 

(11) in coordination with the Secretary of Agriculture, enter 

into an agreement with the National Academy of Sciences to 

conduct a comprehensive study, to be completed not later than 

1 year after the date of enactment of this subtitle, on the 

effectiveness and environmental impacts of salt cedar biological 


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control efforts on increasing water supplies and improving 

riparian habitats of the Colorado River and its principal tributaries, in the State of California and elsewhere; 

(12) pursuant to the research and adaptive management 

procedures of the smelt biological opinion and the salmonid 

biological opinion use all available scientific tools to identify 

any changes to the real-time operations of Bureau of Reclamation, State, and local water projects that could result in the 

availability of additional water supplies; and 

(13) determine whether alternative operational or other 

management measures would meet applicable regulatory 

requirements for listed species while maximizing water supplies 

and water supply reliability; and 

(14) continue to vary the averaging period of the Delta 

Export/Inflow ratio, to the extent consistent with any applicable 

State Water Resources Control Board orders under decision 

D–1641, to operate to a 

(A) ratio using a 3-day averaging period on the rising 

limb of a Delta inflow hydrograph; and 

(B) 14-day averaging period on the falling limb of the 

Delta inflow hydrograph. 

(c) OTHER AGENCIES.—To the extent that a Federal agency 

other than the Department of the Interior and the Department 

of Commerce has a role in approving projects described in subsections (a) and (b), this section shall apply to the Federal agency. 

(d) ACCELERATED PROJECT DECISION AND ELEVATION.— 

(1) IN GENERAL.—On request of the Governor of California, 

the Secretary of the Interior and Secretary of Commerce shall 

use the expedited procedures under this subsection to make 

final decisions relating to Federal or federally approved projects 

or operational changes proposed pursuant to subsections (a) 

and (b) to provide additional water supplies or otherwise 

address emergency drought conditions. 

(2) REQUEST FOR RESOLUTION.—Not later than 7 days after 

receiving a request of the Governor of California, the Secretaries 

referred to in paragraph (1), or the head of another Federal 

agency responsible for carrying out a review of a project, as 

applicable, the Secretary of the Interior shall convene a final 

project decision meeting with the heads of all relevant Federal 

agencies to decide whether to approve a project to provide 

emergency water supplies or otherwise address emergency 

drought condition. 

(3) NOTIFICATION.—Upon receipt of a request for a meeting 

under this subsection, the Secretary of the Interior shall notify 

the heads of all relevant Federal agencies of the request, 

including a description of the project to be reviewed and the 

date for the meeting. 

(4) DECISION.—Not later than 10 days after the date on 

which a meeting is requested under paragraph (2), the head 

of the relevant Federal agency shall issue a final decision 

on the project. 

(2) MEETING CONVENED BY SECRETARY.—The Secretary of 

the Interior may convene a final project decision meeting under 

this subsection at any time, at the discretion of the Secretary, 

regardless of whether a meeting is requested under paragraph 

(2). 


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(3) LIMITATION.—The expedited procedures under this subsection apply only to— 

(A) proposed new Federal projects or operational 

changes pursuant to subsection (a) or (b); and 

(B) the extent they are consistent with applicable laws 

(including regulations). 

(e) OPERATIONS PLAN.—The Secretaries of Commerce and the 

Interior, in consultation with appropriate State officials, shall 

develop an operations plan that is consistent with the provisions 

of this subtitle and other applicable Federal and State laws, 

including provisions that are intended to provide additional water 

supplies that could be of assistance during the current drought. 

SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR 

FLOW REQUIREMENTS. 

(a) IN GENERAL.—In implementing the provisions of the smelt 

biological opinion and the salmonid biological opinion, the Secretary 

of the Interior and the Secretary of Commerce shall manage reverse 

flow in Old and Middle Rivers at the most negative reverse flow 

rate allowed under the applicable biological opinion to maximize 

water supplies for the Central Valley Project and the State Water 

Project, unless that management of reverse flow in Old and Middle 

Rivers to maximize water supplies would cause additional adverse 

effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the 

applicable biological opinion, or would be inconsistent with 

applicable State law requirements, including water quality, salinity 

control, and compliance with State Water Resources Control Board 

Order D–1641 or a successor order. 

(b) REQUIREMENTS.—If the Secretary of the Interior or Secretary 

of Commerce determines to manage rates of pumping at the C.W. 

‘‘Bill’’ Jones and the Harvey O. Banks pumping plants in the 

southern Delta to achieve a reverse OMR flow rate less negative 

than the most negative reverse flow rate prescribed by the 

applicable biological opinion, the Secretary shall— 

(1) document in writing any significant facts regarding 

real-time conditions relevant to the determinations of OMR 

reverse flow rates, including— 

(A) targeted real-time fish monitoring in the Old River 

pursuant to this section, including as it pertains to the 

smelt biological opinion monitoring of Delta smelt in the 

vicinity of Station 902; 

(B) near-term forecasts with available salvage models 

under prevailing conditions of the effects on the listed 

species of OMR flow at the most negative reverse flow 

rate prescribed by the biological opinion; and 

(C) any requirements under applicable State law; and 

(2) explain in writing why any decision to manage OMR 

reverse flow at rates less negative than the most negative 

reverse flow rate prescribed by the biological opinion is necessary to avoid additional adverse effects on the listed fish 

species beyond the range of effects anticipated to occur to 

the listed fish species for the duration of the applicable 

biological opinion, after considering relevant factors such as— 

(A) the distribution of the listed species throughout 

the Delta; 


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(B) the potential effects of high entrainment risk on 

subsequent species abundance; 

(C) the water temperature; 

(D) other significant factors relevant to the determination, as required by applicable Federal or State laws; 

(E) turbidity; and 

(F) whether any alternative measures could have a 

substantially lesser water supply impact. 

(c) LEVEL OF DETAIL REQUIRED.—The analyses and documentation required by this section shall be comparable to the depth 

and complexity as is appropriate for real time decision-making. 

This section shall not be interpreted to require a level of administrative findings and documentation that could impede the execution 

of effective real time adaptive management. 

(d) FIRST SEDIMENT FLUSH.—During the first flush of sediment 

out of the Delta in each water year, and provided that such determination is based upon objective evidence, notwithstanding subsection (a), the Secretary of the Interior shall manage OMR flow 

pursuant to the provisions of the smelt biological opinion that 

protects adult Delta smelt from the first flush if required to do 

so by the smelt biological opinion. 

(e) CONSTRUCTION.—The Secretary of the Interior and the Secretary of Commerce are authorized to implement subsection (a) 

consistent with the results of monitoring through Early Warning 

Surveys to make real time operational decisions consistent with 

the current applicable biological opinion. 

(f) CALCULATION OF REVERSE FLOW IN OMR.—Within 180 days 

of the enactment of this subtitle, the Secretary of the Interior 

is directed, in consultation with the California Department of Water 

Resources, and consistent with the smelt biological opinion and 

the salmonid biological opinion, to review, modify, and implement, 

if appropriate, the method used to calculate reverse flow in Old 

and Middle Rivers, for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid 

biological opinion, and any succeeding biological opinions. 

SEC. 4003. TEMPORARY OPERATIONAL FLEXIBILITY FOR STORM 

EVENTS. 

(a) IN GENERAL.— 

(1) Nothing in this subtitle authorizes additional adverse 

effects on listed species beyond the range of the effects anticipated to occur to the listed species for the duration of the 

smelt biological opinion or salmonid biological opinion, using 

the best scientific and commercial data available. 

(2) When consistent with the environmental protection 

mandate in paragraph (1) while maximizing water supplies 

for Central Valley Project and State Water Project contractors, 

the Secretary of the Interior and the Secretary of Commerce, 

through an operations plan, shall evaluate and may authorize 

the Central Valley Project and the State Water Project, combined, to operate at levels that result in OMR flows more 

negative than the most negative reverse flow rate prescribed 

by the applicable biological opinion (based on United States 

Geological Survey gauges on Old and Middle Rivers) daily 

average as described in subsections (b) and (c) to capture peak 

flows during storm-related events. 


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(b) FACTORS TO BE CONSIDERED.—In determining additional 

adverse effects on any listed fish species beyond the range of effects 

anticipated to occur to the listed fish species for the duration 

of the smelt biological opinion or salmonid biological opinion, using 

the best scientific and commercial data available, the Secretaries 

of the Interior and Commerce may consider factors including: 

(1) The degree to which the Delta outflow index indicates 

a higher level of flow available for diversion. 

(2) Relevant physical parameters including projected 

inflows, turbidity, salinities, and tidal cycles. 

(3) The real-time distribution of listed species. 

(c) OTHER ENVIRONMENTAL PROTECTIONS.— (1) STATE LAW.—The actions of the Secretary of the Interior 

and the Secretary of Commerce under this section shall be 

consistent with applicable regulatory requirements under State 

law. 

(2) FIRST SEDIMENT FLUSH.—During the first flush of sediment out of the Delta in each water year, and provided that 

such determination is based upon objective evidence, the Secretary of the Interior shall manage OMR flow pursuant to 

the portion of the smelt biological opinion that protects adult 

Delta smelt from the first flush if required to do so by the 

smelt biological opinion. 

(3) APPLICABILITY OF OPINION.—This section shall not affect 

the application of the salmonid biological opinion from April 

1 to May 31, unless the Secretary of Commerce finds that 

some or all of such applicable requirements may be adjusted 

during this time period to provide emergency water supply 

relief without resulting in additional adverse effects on listed 

salmonid species beyond the range of the effects anticipated 

to occur to the listed salmonid species for the duration of 

the salmonid biological opinion using the best scientific and 

commercial data available. In addition to any other actions 

to benefit water supply, the Secretary of the Interior and the 

Secretary of Commerce shall consider allowing through-Delta 

water transfers to occur during this period if they can be 

accomplished consistent with section 3405(a)(1)(H) of the Central Valley Project Improvement Act and other applicable law. 

Water transfers solely or exclusively through the State Water 

Project are not required to be consistent with subsection 

(a)(1)(H) of the Central Valley Project Improvement Act. 

(4) MONITORING.—During operations under this section, 

the Commissioner of Reclamation, in coordination with the 

Fish and Wildlife Service, National Marine Fisheries Service, 

and California Department of Fish and Wildlife, shall undertake expanded monitoring programs and other data gathering 

to improve the efficiency of operations for listed species protections and Central Valley Project and State Water Project water 

supply to ensure incidental take levels are not exceeded, and 

to identify potential negative impacts, if any. 

(d) EFFECT OF HIGH OUTFLOWS.—When exercising their 

authorities to capture peak flows pursuant to subsection (c), the 

Secretary of the Interior and the Secretary of Commerce shall 

not count such days toward the 5-day and 14-day running averages 

of tidally filtered daily Old and Middle River flow requirements 

under the smelt biological opinion and salmonid biological opinion, 

unless doing so is required to avoid additional adverse effects on 


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listed fish species beyond those anticipated to occur through 

implementation of the smelt biological opinion and salmonid 

biological opinion using the best scientific and commercial data 

available. 

(e) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.—In articulating 

the determinations required under this section, the Secretary of 

the Interior and the Secretary of Commerce shall fully satisfy 

the requirements herein but shall not be expected to provide a 

greater level of supporting detail for the analysis than feasible 

to provide within the short timeframe permitted for timely realtime decisionmaking in response to changing conditions in the 

Delta. 

SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS. 

(a) RESOLUTION OF WATER RESOURCE ISSUES.—In furtherance 

of the policy established by section 2(c)(2) of the Endangered Species 

Act of 1973, that Federal agencies shall cooperate with State and 

local agencies to resolve water resource issues in concert with 

conservation of endangered species, in any consultation or reconsultation on the coordinated operations of the Central Valley Project 

and the State Water Project, the Secretaries of the Interior and 

Commerce shall ensure that any public water agency that contracts 

for the delivery of water from the Central Valley Project or the 

State Water Project that so requests shall— 

(1) have routine and continuing opportunities to discuss 

and submit information to the action agency for consideration 

during the development of any biological assessment; 

(2) be informed by the action agency of the schedule for 

preparation of a biological assessment; 

(3) be informed by the consulting agency, the U.S. Fish 

and Wildlife Service or the National Marine Fisheries Service, 

of the schedule for preparation of the biological opinion at 

such time as the biological assessment is submitted to the 

consulting agency by the action agency; 

(4) receive a copy of any draft biological opinion and have 

the opportunity to review that document and provide comment 

to the consulting agency through the action agency, which 

comments will be afforded due consideration during the consultation; 

(5) have the opportunity to confer with the action agency 

and applicant, if any, about reasonable and prudent alternatives prior to the action agency or applicant identifying one 

or more reasonable and prudent alternatives for consideration 

by the consulting agency; and 

(6) where the consulting agency suggests a reasonable and 

prudent alternative be informed— 

(A) how each component of the alternative will contribute to avoiding jeopardy or adverse modification of critical habitat and the scientific data or information that 

supports each component of the alternative; and 

(B) why other proposed alternative actions that would 

have fewer adverse water supply and economic impacts 

are inadequate to avoid jeopardy or adverse modification 

of critical habitat. 

(b) INPUT.—When consultation is ongoing, the Secretaries of 

the Interior and Commerce shall regularly solicit input from and 

report their progress to the Collaborative Adaptive Management 


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Team and the Collaborative Science and Adaptive Management 

Program policy group. The Collaborative Adaptive Management 

Team and the Collaborative Science and Adaptive Management 

Program policy group may provide the Secretaries with recommendations to improve the effects analysis and Federal agency 

determinations. The Secretaries shall give due consideration to 

the recommendations when developing the Biological Assessment 

and Biological Opinion. 

(c) MEETINGS.—The Secretaries shall establish a quarterly 

stakeholder meeting during any consultation or reconsultation for 

the purpose of providing updates on the development of the 

Biological Assessment and Biological Opinion. The quarterly stakeholder meeting shall be open to stakeholders identified by the 

Secretaries representing a broad range of interests including 

environmental, recreational and commercial fishing, agricultural, 

municipal, Delta, and other regional interests, and including stakeholders that are not state or local agencies. 

(d) CLARIFICATION.—Neither subsection (b) or (c) of this section 

may be used to meet the requirements of subsection (a). 

(e) NON-APPLICABILITY OF FACA.—For the purposes of subsection (b), the Collaborative Adaptive Management Team, the 

Collaborative Science and Adaptive Management Program policy 

group, and any recommendations made to the Secretaries, are 

exempt from the Federal Advisory Committee Act. 

SEC. 4005. PROTECTIONS. 

(a) APPLICABILITY.—This section shall apply only to sections 

4001 through 4006. 

(b) OFFSET FOR STATE WATER PROJECT.— 

(1) IMPLEMENTATION IMPACTS.—The Secretary of the 

Interior shall confer with the California Department of Fish 

and Wildlife in connection with the implementation of the 

applicable provisions of this subtitle on potential impacts to 

any consistency determination for operations of the State Water 

Project issued pursuant to California Fish and Game Code 

section 2080.1. 

(2) ADDITIONAL YIELD.—If, as a result of the application 

of the applicable provisions of this subtitle, the California 

Department of Fish and Wildlife— 

(A) determines that operations of the State Water 

Project are inconsistent with the consistency determinations issued pursuant to California Fish and Game Code 

section 2080.1 for operations of the State Water Project; 

or 

(B) requires take authorization under California Fish 

and Game Code section 2081 for operation of the State 

Water Project; 

in a manner that directly or indirectly results in reduced water 

supply to the State Water Project as compared with the water 

supply available under the smelt biological opinion and the 

salmonid biological opinion; and as a result, Central Valley 

Project yield is greater than it otherwise would have been, 

then that additional yield shall be made available to the State 

Water Project for delivery to State Water Project contractors 

to offset that reduced water supply, provided that if it is necessary to reduce water supplies for any Central Valley Project 

authorized uses or contractors to make available to the State 


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Water Project that additional yield, such reductions shall be 

applied proportionately to those uses or contractors that benefit 

from that increased yield. 

(3) NOTIFICATION RELATED TO ENVIRONMENTAL PROTEC- TIONS.—The Secretary of the Interior and Secretary of Commerce shall— 

(A) notify the Director of the California Department 

of Fish and Wildlife regarding any changes in the manner 

in which the smelt biological opinion or the salmonid 

biological opinion is implemented; and 

(B) confirm that those changes are consistent with 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.). 

(4) SAVINGS.—Nothing in the applicable provisions of this 

subtitle shall have any effect on the application of the California 

Endangered Species Act (California Fish and Game Code sections 2050 through 2116). 

(c) AREA OF ORIGIN AND WATER RIGHTS PROTECTIONS.— 

(1) IN GENERAL.—The Secretary of the Interior and the 

Secretary of Commerce, in carrying out the mandates of the 

applicable provisions of this subtitle, shall take no action that— 

(A) diminishes, impairs, or otherwise affects in any 

manner any area of origin, watershed of origin, county 

of origin, or any other water rights protection, including 

rights to water appropriated before December 19, 1914, 

provided under State law; 

(B) limits, expands or otherwise affects the application 

of section 10505, 10505.5, 11128, 11460, 11461, 11462, 

11463 or 12200 through 12220 of the California Water 

Code or any other provision of State water rights law, 

without respect to whether such a provision is specifically 

referred to in this section; or 

(C) diminishes, impairs, or otherwise affects in any 

manner any water rights or water rights priorities under 

applicable law. 

(2) EFFECT OF ACT.— 

(A) Nothing in the applicable provisions of this subtitle 

affects or modifies any obligation of the Secretary of the 

Interior under section 8 of the Act of June 17, 1902 (32 

Stat. 390, chapter 1093). 

(B) Nothing in the applicable provisions of this subtitle 

diminishes, impairs, or otherwise affects in any manner 

any Project purposes or priorities for the allocation, delivery 

or use of water under applicable law, including the Project 

purposes and priorities established under section 3402 and 

section 3406 of the Central Valley Project Improvement 

Act (Public Law 102–575; 106 Stat. 4706). 

(d) NO REDIRECTED ADVERSE IMPACTS.— 

(1) IN GENERAL.—The Secretary of the Interior and Secretary of Commerce shall not carry out any specific action 

authorized under the applicable provisions of this subtitle that 

would directly or through State agency action indirectly result 

in the involuntary reduction of water supply to an individual, 

district, or agency that has in effect a contract for water with 

the State Water Project or the Central Valley Project, including 

Settlement and Exchange contracts, refuge contracts, and 

Friant Division contracts, as compared to the water supply 


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that would be provided in the absence of action under this 

subtitle, and nothing in this section is intended to modify, 

amend or affect any of the rights and obligations of the parties 

to such contracts. 

(2) ACTION ON DETERMINATION.—If, after exploring all 

options, the Secretary of the Interior or the Secretary of Commerce makes a final determination that a proposed action under 

the applicable provisions of this subtitle cannot be carried out 

in accordance with paragraph (1), that Secretary— 

(A) shall document that determination in writing for 

that action, including a statement of the facts relied on, 

and an explanation of the basis, for the decision; and 

(B) is subject to applicable law, including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

(e) ALLOCATIONS FOR SACRAMENTO VALLEY WATER SERVICE

CONTRACTORS.— 

(1) DEFINITIONS.—In this subsection: 

(A) EXISTING CENTRAL VALLEY PROJECT AGRICULTURAL

WATER SERVICE CONTRACTOR WITHIN THE SACRAMENTO

RIVER WATERSHED.—The term ‘‘existing Central Valley 

Project agricultural water service contractor within the 

Sacramento River Watershed’’ means any water service 

contractor within the Shasta, Trinity, or Sacramento River 

division of the Central Valley Project that has in effect 

a water service contract on the date of enactment of this 

subtitle that provides water for irrigation. 

(B) YEAR TERMS.—The terms ‘‘Above Normal’’, ‘‘Below 

Normal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, have 

the meanings given those terms in the Sacramento Valley 

Water Year Type (40–30–30) Index. 

(2) ALLOCATIONS OF WATER.— 

(A) ALLOCATIONS.—Subject to paragraph (3), the Secretary of the Interior shall make every reasonable effort 

in the operation of the Central Valley Project to allocate 

water provided for irrigation purposes to each existing Central Valley Project agricultural water service contractor 

within the Sacramento River Watershed in accordance with 

the following: 

(i) Not less than 100 percent of the contract 

quantity of the existing Central Valley Project agricultural water service contractor within the Sacramento 

River Watershed in a ‘‘Wet’’ year. 

(ii) Not less than 100 percent of the contract 

quantity of the existing Central Valley Project agricultural water service Contractor within the Sacramento 

River Watershed in an ‘‘Above Normal’’ year. 

(iii) Not less than 100 percent of the contract 

quantity of the existing Central Valley Project agricultural water service contractor within the Sacramento 

River Watershed in a ‘‘Below Normal’’ year that is 

preceded by an ‘‘Above Normal’’ or ‘‘Wet’’ year. 

(iv) Not less than 50 percent of the contract 

quantity of the existing Central Valley Project agricultural water service contractor within the Sacramento 

River Watershed in a ‘‘Dry’’ year that is preceded by 

a ‘‘Below Normal’’, ‘‘Above Normal’’, or ‘‘Wet’’ year. 


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(v) In any other year not identified in any of 

clauses (i) through (iv), not less than twice the allocation percentage to south-of-Delta Central Valley Project 

agricultural water service contractors, up to 100 percent. 

(B) EFFECT OF CLAUSE.—In the event of anomalous 

circumstances, nothing in clause (A)(v) precludes an allocation to an existing Central Valley Project agricultural water 

service contractor within the Sacramento River Watershed 

that is greater than twice the allocation percentage to 

a south-of-Delta Central Valley Project agricultural water 

service contractor. 

(3) PROTECTION OF ENVIRONMENT, MUNICIPAL AND INDUS- TRIAL SUPPLIES, AND OTHER CONTRACTORS.— (A) ENVIRONMENT.—Nothing in paragraph (2) shall 

adversely affect any protections for the environment, 

including— 

(i) the obligation of the Secretary of the Interior 

to make water available to managed wetlands pursuant 

to section 3406(d) of the Central Valley Project 

Improvement Act (Public Law 102–575; 106 Stat. 

4722); or 

(ii) any obligation— 

(I) of the Secretary of the Interior and the 

Secretary of Commerce under the smelt biological 

opinion, the salmonid biological opinion, or any 

other applicable biological opinion; including the 

Shasta Dam cold water pool requirements as set 

forth in the salmonid biological opinion or any 

other applicable State or Federal law (including 

regulations); or 

(II) under the Endangered Species Act of 1973 

(16 U.S.C. et seq.), the Central Valley Project 

Improvement Act (Public Law 102–575; 106 Stat. 

4706), or any other applicable State or Federal 

law (including regulations). 

(B) MUNICIPAL AND INDUSTRIAL SUPPLIES.—Nothing in 

paragraph (2) shall— 

(i) modify any provision of a water service contract 

that addresses municipal or industrial water shortage 

policies of the Secretary of the Interior and the Secretary of Commerce; 

(ii) affect or limit the authority of the Secretary 

of the Interior and the Secretary of Commerce to adopt 

or modify municipal and industrial water shortage policies; 

(iii) affect or limit the authority of the Secretary 

of the Interior and the Secretary of Commerce to implement a municipal or industrial water shortage policy; 

(iv) constrain, govern, or affect, directly or 

indirectly, the operations of the American River division of the Central Valley Project or any deliveries 

from that division or a unit or facility of that division; 

or 

(v) affects any allocation to a Central Valley Project 

municipal or industrial water service contractor by 

increasing or decreasing allocations to the contractor, 


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as compared to the allocation the contractor would 

have received absent paragraph (2). 

(C) OTHER CONTRACTORS.—Nothing in paragraph (2) 

shall— 

(i) affect the priority of any individual or entity 

with a Sacramento River settlement contract over 

water service or repayment contractors; 

(ii) affect the obligation of the United States to 

make a substitute supply of water available to the 

San Joaquin River exchange contractors; 

(iii) affect the allocation of water to Friant division 

contractors of the Central Valley Project; 

(iv) result in the involuntary reduction in contract 

water allocations to individuals or entities with contracts to receive water from the Friant division; 

(v) result in the involuntary reduction in water 

allocations to refuge contractors; or 

(vi) authorize any actions inconsistent with State 

water rights law. 

SEC. 4006. NEW MELONES RESERVOIR. 

The Commissioner is directed to work with local water and 

irrigation districts in the Stanislaus River Basin to ascertain the 

water storage made available by the Draft Plan of Operations 

in New Melones Reservoir (DRPO) for water conservation programs, 

conjunctive use projects, water transfers, rescheduled project water 

and other projects to maximize water storage and ensure the beneficial use of the water resources in the Stanislaus River Basin. 

All such programs and projects shall be implemented according 

to all applicable laws and regulations. The source of water for 

any such storage program at New Melones Reservoir shall be made 

available under a valid water right, consistent with the State water 

transfer guidelines and any other applicable State water law. The 

Commissioner shall inform the Congress within 18 months setting 

forth the amount of storage made available by the DRPO that 

has been put to use under this program, including proposals 

received by the Commissioner from interested parties for the purpose of this section. 

SEC. 4007. STORAGE. 

(a) DEFINITIONS.—In this subtitle: 

(1) FEDERALLY OWNED STORAGE PROJECT.—The term ‘‘federally owned storage project’’ means any project involving a surface water storage facility in a Reclamation State— 

(A) to which the United States holds title; and 

(B) that was authorized to be constructed, operated, 

and maintained pursuant to the reclamation laws. 

(2) STATE-LED STORAGE PROJECT.—The term ‘‘State-led storage project’’ means any project in a Reclamation State that— 

(A) involves a groundwater or surface water storage 

facility constructed, operated, and maintained by any State, 

department of a State, subdivision of a State, or public 

agency organized pursuant to State law; and 

(B) provides a benefit in meeting any obligation under 

Federal law (including regulations). 

(b) FEDERALLY OWNED STORAGE PROJECTS.— 

(1) AGREEMENTS.—On the request of any State, any department, agency, or subdivision of a State, or any public agency 

43 USC 390b 

note. 


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organized pursuant to State law, the Secretary of the Interior 

may negotiate and enter into an agreement on behalf of the 

United States for the design, study, and construction or expansion of any federally owned storage project in accordance with 

this section. 

(2) FEDERAL COST SHARE.—Subject to the requirements of 

this subsection, the Secretary of the Interior may participate 

in a federally owned storage project in an amount equal to 

not more than 50 percent of the total cost of the federally 

owned storage project. 

(3) COMMENCEMENT.—The construction of a federally 

owned storage project that is the subject of an agreement 

under this subsection shall not commence until the Secretary 

of the Interior— 

(A) determines that the proposed federally owned storage project is feasible in accordance with the reclamation 

laws; 

(B) secures an agreement providing upfront funding 

as is necessary to pay the non-Federal share of the capital 

costs; and 

(C) determines that, in return for the Federal costshare investment in the federally owned storage project, 

at least a proportionate share of the project benefits are 

Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and 

wildlife refuges. 

(4) ENVIRONMENTAL LAWS.—In participating in a federally 

owned storage project under this subsection, the Secretary of 

the Interior shall comply with all applicable environmental 

laws, including the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

(c) STATE-LED STORAGE PROJECTS.— 

(1) IN GENERAL.—Subject to the requirements of this subsection, the Secretary of the Interior may participate in a 

State-led storage project in an amount equal to not more than 

25 percent of the total cost of the State-led storage project. 

(2) REQUEST BY GOVERNOR.—Participation by the Secretary 

of the Interior in a State-led storage project under this subsection shall not occur unless— 

(A) the participation has been requested by the Governor of the State in which the State-led storage project 

is located; 

(B) the State or local sponsor determines, and the 

Secretary of the Interior concurs, that— 

(i) the State-led storage project is technically and 

financially feasible and provides a Federal benefit in 

accordance with the reclamation laws; 

(ii) sufficient non-Federal funding is available to 

complete the State-led storage project; and 

(iii) the State-led storage project sponsors are 

financially solvent; 

(C) the Secretary of the Interior determines that, in 

return for the Federal cost-share investment in the Stateled storage project, at least a proportional share of the 

project benefits are the Federal benefits, including water 

supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and 


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(D) the Secretary of the Interior submits to Congress 

a written notification of these determinations within 30 

days of making such determinations. 

(3) ENVIRONMENTAL LAWS.—When participating in a Stateled storage project under this subsection, the Secretary shall 

comply with all applicable environmental laws, including the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

(4) INFORMATION.—When participating in a State-led storage project under this subsection, the Secretary of the Interior— 

(A) may rely on reports prepared by the sponsor of 

the State-led storage project, including feasibility (or 

equivalent) studies, environmental analyses, and other 

pertinent reports and analyses; but 

(B) shall retain responsibility for making the independent determinations described in paragraph (2). 

(d) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of the 

Interior may provide financial assistance under this subtitle to 

carry out projects within any Reclamation State. 

(e) RIGHTS TO USE CAPACITY.—Subject to compliance with State 

water rights laws, the right to use the capacity of a federally 

owned storage project or State-led storage project for which the 

Secretary of the Interior has entered into an agreement under 

this subsection shall be allocated in such manner as may be mutually agreed to by the Secretary of the Interior and each other 

party to the agreement. 

(f) COMPLIANCE WITH CALIFORNIA WATER BOND.— 

(1) IN GENERAL.—The provision of Federal funding for 

construction of a State-led storage project in the State of California shall be subject to the condition that the California 

Water Commission shall determine that the State-led storage 

project is consistent with the California Water Quality, Supply, 

and Infrastructure Improvement Act, approved by California 

voters on November 4, 2014. 

(2) APPLICABILITY.—This subsection expires on the date 

on which State bond funds available under the Act referred 

to in paragraph (1) are expended. 

(g) PARTNERSHIP AND AGREEMENTS.—The Secretary of the 

Interior, acting through the Commissioner, may partner or enter 

into an agreement regarding the water storage projects identified 

in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108–361; 118 Stat. 1688) 

with local joint powers authorities formed pursuant to State law 

by irrigation districts and other local water districts and local 

governments within the applicable hydrologic region, to advance 

those projects. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) $335,000,000 of funding in section 4011(e) is authorized 

to remain available until expended. 

(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after 

the Secretary recommends specific projects for funding pursuant 

to this section and transmits such recommendations to the 

appropriate committees of Congress. 

(i) SUNSET.—This section shall apply only to federally owned 

storage projects and State-led storage projects that the Secretary 

of the Interior determines to be feasible before January 1, 2021. 


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(j) CONSISTENCY WITH STATE LAW.—Nothing in this section 

preempts or modifies any obligation of the United States to act 

in conformance with applicable State law. 

(k) CALFED AUTHORIZATION.—Title I of Public Law 108–361 

(the Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 

2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 

of Public Law 114–113) is amended by striking ‘‘2017’’ each place 

it appears and inserting ‘‘2019’’. 

SEC. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION 

OF STORAGE PROJECTS. 

(a) MARINAS, RECREATIONAL FACILITIES, OTHER BUSINESSES.— If in constructing any new or modified water storage project 

included in section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 

1684), the Bureau of Reclamation destroys or otherwise adversely 

affects any existing marina, recreational facility, or other waterdependent business when constructing or operating a new or modified water storage project, the Secretaries of the Interior and Agriculture, acting through the Bureau and the Forest Service shall— 

(1) provide compensation otherwise required by law; and 

(2) provide the owner of the affected marina, recreational 

facility, or other water-dependent business under mutually 

agreeable terms and conditions with the right of first refusal 

to construct and operate a replacement marina, recreational 

facility, or other water-dependent business, as the case may 

be, on United States land associated with the new or modified 

water storage project. 

(b) HYDROELECTRIC PROJECTS.—If in constructing any new or 

modified water storage project included in section 103(d)(1)(A) of 

Public Law 108-361 (118 Stat. 1684), the Bureau of Reclamation 

reduces or eliminates the capacity or generation of any existing 

non-Federal hydroelectric project by inundation or otherwise, the 

Secretary of the Interior shall, subject to the requirements and 

limitations of this section— 

(1) provide compensation otherwise required by law; 

(2) provide the owner of the affected hydroelectric project 

under mutually agreeable terms and conditions with a right 

of first refusal to construct, operate, and maintain replacement 

hydroelectric generating facilities at such new or modified water 

storage project on Federal land associated with the new or 

modified water storage project or on private land owned by 

the affected hydroelectric project owner; 

(3) provide compensation for the construction of any water 

conveyance facilities as are necessary to convey water to any 

new powerhouse constructed by such owner in association with 

such new hydroelectric generating facilities; 

(4) provide for paragraphs (1), (2), and (3) at a cost not 

to exceed the estimated value of the actual impacts to any 

existing non-Federal hydroelectric project, including impacts 

to its capacity and energy value, and as estimated for the 

associated feasibility study, including additional planning, 

environmental, design, construction, and operations and 

maintenance costs for existing and replacement facilities; and 

(5) ensure that action taken under paragraphs (1), (2), 

(3), and (4) shall not directly or indirectly increase the costs 

to recipients of power marketed by the Western Area Power 

Administration, nor decrease the value of such power. 


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(c) EXISTING LICENSEE.—The owner of any project affected 

under subsection (b)(2) shall be deemed the existing licensee, in 

accordance with section 15(a) of the Act of June 10, 1920 (16 

U.S.C. 808(a)), for any replacement project to be constructed within 

the proximate geographic area of the affected project. 

(d) COST ALLOCATION.— 

(1) COMPENSATION.—Any compensation under this section 

shall be a project cost allocated solely to the direct beneficiaries 

of the new or modified water project constructed under this 

section. 

(2) REPLACEMENT COSTS.—The costs of the replacement 

project, and any compensation, shall be— 

(A) treated as a stand-alone project and shall not be 

financially integrated in any other project; and 

(B) allocated in accordance with mutually agreeable 

terms between the Secretary and project beneficiaries. 

(e) APPLICABILITY.—This section shall only apply to federally 

owned water storage projects whether authorized under section 

4007 or some other authority. 

(f) LIMITATION.—Nothing in this section affects the ability of 

landowners or Indian tribes to seek compensation or any other 

remedy otherwise provided by law. 

(g) SAVINGS CLAUSE.—No action taken under this section shall 

directly or indirectly increase the costs to recipients of power marketed by the Western Area Power Administration, nor decrease 

the value of such power. 

SEC. 4009. OTHER WATER SUPPLY PROJECTS. 

(a) WATER DESALINATION ACT AMENDMENTS.—Section 4 of the 

Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 

104–298) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(B) by inserting after paragraph (1) the following: 

‘‘(1) PROJECTS.— 

‘‘(A) IN GENERAL.—Subject to the requirements of this 

subsection, the Secretary of the Interior may participate 

in an eligible desalination project in an amount equal to 

not more than 25 percent of the total cost of the eligible 

desalination project. 

‘‘(B) ELIGIBLE DESALINATION PROJECT.—The term 

‘eligible desalination project’ means any project in a Reclamation State, that— 

‘‘(i) involves an ocean or brackish water desalination facility either constructed, operated and maintained; or sponsored by any State, department of a 

State, subdivision of a State or public agency organized 

pursuant to a State law; and 

‘‘(ii) provides a Federal benefit in accordance with 

the reclamation laws (including regulations). 

‘‘(C) STATE ROLE.—Participation by the Secretary of 

the Interior in an eligible desalination project under this 

subsection shall not occur unless— 


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‘‘(i) the project is included in a state-approved plan 

or federal participation has been requested by the Governor of the State in which the eligible desalination 

project is located; and 

‘‘(ii) the State or local sponsor determines, and 

the Secretary of the Interior concurs, that— 

‘‘(I) the eligible desalination project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation 

laws; 

‘‘(II) sufficient non-Federal funding is available 

to complete the eligible desalination project; and 

‘‘(III) the eligible desalination project sponsors 

are financially solvent; and 

‘‘(iii) the Secretary of the Interior submits to Congress a written notification of these determinations 

within 30 days of making such determinations. 

‘‘(D) ENVIRONMENTAL LAWS.—When participating in an 

eligible desalination project under this subsection, the Secretary shall comply with all applicable environmental laws, 

including the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

‘‘(E) INFORMATION.—When participating in an eligible 

desalination project under this subsection, the Secretary 

of the Interior— 

‘‘(i) may rely on reports prepared by the sponsor 

of the eligible desalination project, including feasibility 

(or equivalent) studies, environmental analyses, and 

other pertinent reports and analyses; but 

‘‘(ii) shall retain responsibility for making the independent determinations described in subparagraph (C). 

‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(i) $30,000,000 of funding is authorized to remain 

available until expended; and 

‘‘(ii) Projects can only receive funding if enacted 

appropriations legislation designates funding to them 

by name, after the Secretary recommends specific 

projects for funding pursuant to this subsection and 

transmits such recommendations to the appropriate 

committees of Congress.’’. 

(c) AUTHORIZATION OF NEW WATER RECYCLING AND REUSE

PROJECTS.—Section 1602 of the Reclamation Wastewater and 

Groundwater Study and Facilities Act (title XVI of Public Law 

102–575; 43 U.S.C. 390h et. seq.) is amended by adding at the 

end the following new subsections: 

‘‘(e) AUTHORIZATION OF NEW WATER RECYCLING AND REUSE

PROJECTS.— 

‘‘(1) SUBMISSION TO THE SECRETARY.— 

‘‘(A) IN GENERAL.—Non-Federal interests may submit 

proposals for projects eligible to be authorized pursuant 

to this section in the form of completed feasibility studies 

to the Secretary. 

‘‘(B) ELIGIBLE PROJECTS.—A project shall be considered 

eligible for consideration under this section if the project 

reclaims and reuses— 

‘‘(i) municipal, industrial, domestic, or agricultural 

wastewater; or 


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‘‘(ii) impaired ground or surface waters. 

‘‘(C) GUIDELINES.—Within 60 days of the enactment 

of this Act the Secretary shall issue guidelines for feasibility 

studies for water recycling and reuse projects to provide 

sufficient information for the formulation of the studies. 

‘‘(2) REVIEW BY THE SECRETARY.—The Secretary shall 

review each feasibility study received under paragraph (1)(A) 

for the purpose of— 

‘‘(A) determining whether the study, and the process 

under which the study was developed, each comply with 

Federal laws and regulations applicable to feasibility 

studies of water recycling and reuse projects; and 

‘‘(B) the project is technically and financially feasible 

and provides a Federal benefit in accordance with the 

reclamation laws. 

‘‘(3) SUBMISSION TO CONGRESS.—Not later than 180 days 

after the date of receipt of a feasibility study received under 

paragraph (1)(A), the Secretary shall submit to the Committee 

on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 

a report that describes— 

‘‘(A) the results of the Secretary’s review of the study 

under paragraph (2), including a determination of whether 

the project is feasible; 

‘‘(B) any recommendations the Secretary may have concerning the plan or design of the project; and 

‘‘(C) any conditions the Secretary may require for 

construction of the project. 

‘‘(4) ELIGIBILITY FOR FUNDING.—The non-Federal project 

sponsor of any project determined by the Secretary to be feasible 

under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, 

designing and constructing the project pursuant to subsection 

(f). 

‘‘(f) COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER

RECYCLING AND REUSE PROJECTS.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 

competitive grant program under which the non-Federal project 

sponsor of any project determined by the Secretary to be feasible 

under subsection (e)(3)(A) shall be eligible to apply for funding 

for the planning, design, and construction of the project, subject 

to subsection (g)(2). 

‘‘(2) PRIORITY.—When funding projects under paragraph 

(1), the Secretary shall give funding priority to projects that 

meet one or more of the criteria listed in paragraph (3) and 

are located in an area that— 

‘‘(A) has been identified by the United States Drought 

Monitor as experiencing severe, extreme, or exceptional 

drought at any time in the 4-year period before such funds 

are made available; or 

‘‘(B) was designated as a disaster area by a State 

during the 4-year period before such funds are made available. 

‘‘(3) CRITERIA.—The project criteria referred to in paragraph 

(2) are the following: 

‘‘(A) Projects that are likely to provide a more reliable 

water supply for States and local governments. 


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‘‘(B) Projects that are likely to increase the water 

management flexibility and reduce impacts on environmental resources from projects operated by Federal and 

State agencies. 

‘‘(C) Projects that are regional in nature. 

‘‘(D) Projects with multiple stakeholders. 

‘‘(E) Projects that provide multiple benefits, including 

water supply reliability, eco-system benefits, groundwater 

management and enhancements, and water quality 

improvements. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) There is authorized to be appropriated to the Secretary 

of the Interior an additional $50,000,000 to remain available 

until expended. 

‘‘(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after 

the Secretary recommends specific projects for funding pursuant 

to subsection (f) and transmits such recommendations to the 

appropriate committees of Congress.’’. 

(d) FUNDING.—Section 9504 of the Omnibus Public Land 

Management Act of 2009 (42 U.S.C. 10364) is amended in subsection 

(e) by striking ‘‘$350,000,000’’ and inserting ‘‘$450,000,000’’ on the 

condition that of that amount, $50,000,000 of it is used to carry 

out section 206 of the Energy and Water Development and Related 

Agencies Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law 

113–235). 

SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES AND OTHER WILDLIFE. 

(a) INCREASED REAL-TIME MONITORING AND UPDATED

SCIENCE.— 

(1) SMELT BIOLOGICAL OPINION.—The Director shall use 

the best scientific and commercial data available to implement, 

continuously evaluate, and refine or amend, as appropriate, 

the reasonable and prudent alternative described in the smelt 

biological opinion. 

(2) INCREASED MONITORING TO INFORM REAL-TIME OPERATIONS.— 

(A) IN GENERAL.—The Secretary of the Interior shall 

conduct additional surveys, on an annual basis at the 

appropriate time of year based on environmental conditions, in collaboration with interested stakeholders 

regarding the science of the Delta in general, and to 

enhance real time decisionmaking in particular, working 

in close coordination with relevant State authorities. 

(B) REQUIREMENTS.—In carrying out this subsection, 

the Secretary of the Interior shall use— 

(i) the most appropriate and accurate survey 

methods available for the detection of Delta smelt to 

determine the extent to which adult Delta smelt are 

distributed in relation to certain levels of turbidity 

or other environmental factors that may influence salvage rate; 

(ii) results from appropriate surveys for the detection of Delta smelt to determine how the Central Valley 

Project and State Water Project may be operated more 

42 USC 10364 

note. 


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efficiently to maximize fish and water supply benefits; 

and 

(iii) science-based recommendations developed by 

any of the persons or entities described in paragraph 

(4)(B) to inform the agencies’ real-time decisions. 

(C) WINTER MONITORING.—During the period between 

December 1 and March 31, if suspended sediment loads 

enter the Delta from the Sacramento River, and the suspended sediment loads appear likely to raise turbidity 

levels in the Old River north of the export pumps from 

values below 12 Nephelometric Turbidity Units (NTUs) 

to values above 12 NTUs, the Secretary of the Interior 

shall— 

(i) conduct daily monitoring using appropriate 

survey methods at locations including the vicinity of 

Station 902 to determine the extent to which adult 

Delta smelt are moving with turbidity toward the 

export pumps; and 

(ii) use results from the monitoring under subparagraph (A) to determine how increased trawling can 

inform daily real-time Central Valley Project and State 

Water Project operations to maximize fish and water 

supply benefits. 

(3) PERIODIC REVIEW OF MONITORING.—Not later than 1 

year after the date of enactment of this subtitle, the Secretary 

of the Interior shall— 

(A) evaluate whether the monitoring program under 

paragraph (2), combined with other monitoring programs 

for the Delta, is providing sufficient data to inform Central 

Valley Project and State Water Project operations to maximize the water supply for fish and water supply benefits; 

and 

(B) determine whether the monitoring efforts should 

be changed in the short or long term to provide more 

useful data. 

(4) DELTA SMELT DISTRIBUTION STUDY.— 

(A) IN GENERAL.—Not later than March 15, 2021, the 

Secretary of the Interior shall— 

(i) complete studies, to be initiated by not later 

than 90 days after the date of enactment of this subtitle, designed— 

(I) to understand the location and determine 

the abundance and distribution of Delta smelt 

throughout the range of the Delta smelt; and 

(II) to determine potential methods to minimize the effects of Central Valley Project and State 

Water Project operations on the Delta smelt; 

(ii) based on the best available science, if appropriate and practicable, implement new targeted sampling and monitoring of Delta smelt in order to maximize fish and water supply benefits prior to completion 

of the study under clause (i); 

(iii) to the maximum extent practicable, use new 

technologies to allow for better tracking of Delta smelt, 

such as acoustic tagging, optical recognition during 

trawls, and fish detection using residual 

deoxyribonucleic acid (DNA); and 


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(iv) if new sampling and monitoring is not implemented under clause (ii), provide a detailed explanation 

of the determination of the Secretary of the Interior 

that no change is warranted. 

(B) CONSULTATION.—In determining the scope of the 

studies under this subsection, the Secretary of the Interior 

shall consult with— 

(i) Central Valley Project and State Water Project 

water contractors and public water agencies; 

(ii) other public water agencies; 

(iii) the California Department of Fish and Wildlife 

and the California Department of Water Resources; 

and 

(iv) nongovernmental organizations. 

(b) ACTIONS TO BENEFIT ENDANGERED FISH POPULATIONS.— (1) FINDINGS.—Congress finds that— 

(A) minimizing or eliminating stressors to fish populations and their habitat in an efficient and structured 

manner is a key aspect of a fish recovery strategy; 

(B) functioning, diverse, and interconnected habitats 

are necessary for a species to be viable; and 

(C) providing for increased fish habitat may not only 

allow for a more robust fish recovery, but also reduce 

impacts to water supplies. 

(2) ACTIONS FOR BENEFIT OF ENDANGERED SPECIES.—There 

is authorized to be appropriated the following amounts: 

(A) $15,000,000 for the Secretary of Commerce, through 

the Administrator of the National Oceanic and Atmospheric 

Administration, to carry out the following activities in 

accordance with the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.): 

(i) Gravel and rearing area additions and habitat 

restoration to the Sacramento River to benefit Chinook 

salmon and steelhead trout. 

(ii) Scientifically improved and increased real-time 

monitoring to inform real-time operations of Shasta 

and related Central Valley Project facilities, and alternative methods, models, and equipment to improve 

temperature modeling and related forecasted information for purposes of predicting impacts to salmon and 

salmon habitat as a result of water management at 

Shasta. 

(iii) Methods to improve the Delta salvage systems, 

including alternative methods to redeposit salvaged 

salmon smolts and other fish from the Delta in a 

manner that reduces predation losses. 

(B) $3,000,000 for the Secretary of the Interior to conduct the Delta smelt distribution study referenced in subsection (a)(4). 

(3) COMMENCEMENT.—If the Administrator of the National 

Oceanic and Atmospheric Administration determines that a 

proposed activity is feasible and beneficial for protecting and 

recovering a fish population, the Administrator shall commence 

implementation of the activity by not later than 1 year after 

the date of enactment of this subtitle. 

(4) CONSULTATION.—The Administrator shall take such 

steps as are necessary to partner with, and coordinate the 


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efforts of, the Department of the Interior, the Department 

of Commerce, and other relevant Federal departments and 

agencies to ensure that all Federal reviews, analyses, opinions, 

statements, permits, licenses, and other approvals or decisions 

required under Federal law are completed on an expeditious 

basis, consistent with Federal law. 

(5) CONSERVATION FISH HATCHERIES.— (A) IN GENERAL.—Not later than 2 years after the 

date of enactment of this subtitle, the Secretaries of the 

Interior and Commerce, in coordination with the Director 

of the California Department of Fish and Wildlife, shall 

develop and implement as necessary the expanded use 

of conservation hatchery programs to enhance, supplement, 

and rebuild Delta smelt and Endangered Species Act-listed 

fish species under the smelt and salmonid biological opinions. 

(B) REQUIREMENTS.—The conservation hatchery programs established under paragraph (1) and the associated 

hatchery and genetic management plans shall be 

designed— 

(i) to benefit, enhance, support, and otherwise 

recover naturally spawning fish species to the point 

where the measures provided under the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.) are no 

longer necessary; and 

(ii) to minimize adverse effects to Central Valley 

Project and State Water Project operations. 

(C) PRIORITY; COOPERATIVE AGREEMENTS.—In implementing this section, the Secretaries of the Interior and 

Commerce— 

(i) shall give priority to existing and prospective 

hatchery programs and facilities within the Delta and 

the riverine tributaries thereto; and 

(ii) may enter into cooperative agreements for the 

operation of conservation hatchery programs with 

States, Indian tribes, and other nongovernmental entities for the benefit, enhancement, and support of naturally spawning fish species. 

(6) ACQUISITION OF LAND, WATER, OR INTERESTS FROM

WILLING SELLERS FOR ENVIRONMENTAL PURPOSES IN CALIFORNIA.— 

(A) IN GENERAL.—The Secretary of the Interior is 

authorized to acquire by purchase, lease, donation, or otherwise, land, water, or interests in land or water from willing 

sellers in California— 

(i) to benefit listed or candidate species under the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.) or the California Endangered Species Act (California Fish and Game Code sections 2050 through 

2116); 

(ii) to meet requirements of, or otherwise provide 

water quality benefits under, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Porter 

Cologne Water Quality Control Act (division 7 of the 

California Water Code); or 

(iii) for protection and enhancement of the environment, as determined by the Secretary of the Interior. 


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(B) STATE PARTICIPATION.—In implementing this section, the Secretary of the Interior is authorized to participate with the State of California or otherwise hold such 

interests identified in subparagraph (A) in joint ownership 

with the State of California based on a cost share deemed 

appropriate by the Secretary. 

(C) TREATMENT.—Any expenditures under this subsection shall be nonreimbursable and nonreturnable to the 

United States. 

(7) REAUTHORIZATION OF THE FISHERIES RESTORATION AND

IRRIGATION MITIGATION ACT OF 2000.— 

(A) Section 10(a) of the Fisheries Restoration and 

Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public 

Law 106–502) is amended by striking ‘‘$25 million for 

each of fiscal years 2009 through 2015’’ and inserting ‘‘$15 

million through 2021’’; and 

(B) Section 2 of the Fisheries Restoration and Irrigation 

Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 

106–502) is amended by striking ‘‘Montana, and Idaho’’ 

and inserting ‘‘Montana, Idaho, and California’’. 

(c) ACTIONS TO BENEFIT REFUGES.— 

(1) IN GENERAL.—In addition to funding under section 3407 

of the Central Valley Project Improvement Act (Public Law 

102–575; 106 Stat. 4726), there is authorized to be appropriated 

to the Secretary of the Interior $2,000,000 for each of fiscal 

years 2017 through 2021 for the acceleration and completion 

of water infrastructure and conveyance facilities necessary to 

achieve full water deliveries to Central Valley wildlife refuges 

and habitat areas pursuant to section 3406(d) of that Act (Public 

Law 102–575; 106 Stat. 4722). 

(2) COST SHARING.— 

(A) FEDERAL SHARE.—The Federal share of the cost 

of carrying out an activity described in this section shall 

be not more than 50 percent. 

(B) NON-FEDERAL SHARE.—The non-Federal share of 

the cost of carrying out an activity described in this section— 

(i) shall be not less than 50 percent; and 

(ii) may be provided in cash or in kind. 

(d) NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS

FISH IN STANISLAUS RIVER.— 

(1) DEFINITION OF DISTRICT.—In this section, the term ‘‘district’’ means— 

(A) the Oakdale Irrigation District of the State of California; and 

(B) the South San Joaquin Irrigation District of the 

State of California. 

(2) ESTABLISHMENT.—The Secretary of Commerce, acting 

through the Assistant Administrator of the National Marine 

Fisheries Service, and the districts shall jointly establish and 

conduct a nonnative predator research and pilot fish removal 

program to study the effects of removing from the Stanislaus 

River— 

(A) nonnative striped bass, smallmouth bass, 

largemouth bass, black bass; and 

(B) other nonnative predator fish species. 


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(3) REQUIREMENTS.—The program under this section 

shall— 

(A) be scientifically based, with research questions 

determined jointly by— 

(i) National Marine Fisheries Service scientists; 

and 

(ii) technical experts of the districts; 

(B) include methods to quantify by, among other things, 

evaluating the number of juvenile anadromous fish that 

migrate past the rotary screw trap located at Caswell— 

(i) the number and size of predator fish removed 

each year; and 

(ii) the impact of the removal on— 

(I) the overall abundance of predator fish in 

the Stanislaus River; and 

(II) the populations of juvenile anadromous 

fish in the Stanislaus River; 

(C) among other methods, consider using wire fyke 

trapping, portable resistance board weirs, and boat 

electrofishing; and 

(D) be implemented as quickly as practicable after 

the date of issuance of all necessary scientific research 

permits. 

(4) MANAGEMENT.—The management of the program shall 

be the joint responsibility of the Assistant Administrator and 

the districts, which shall— 

(A) work collaboratively to ensure the performance of 

the program; and 

(B) discuss and agree on, among other things— 

(i) qualified scientists to lead the program; 

(ii) research questions; 

(iii) experimental design; 

(iv) changes in the structure, management, personnel, techniques, strategy, data collection and access, 

reporting, and conduct of the program; and 

(v) the need for independent peer review. 

(5) CONDUCT.— 

(A) IN GENERAL.—For each applicable calendar year, 

the districts, on agreement of the Assistant Administrator, 

may elect to conduct the program under this section using— 

(i) the personnel of the Assistant Administrator 

or districts; 

(ii) qualified private contractors hired by the districts; 

(iii) personnel of, on loan to, or otherwise assigned 

to the National Marine Fisheries Service; or 

(iv) a combination of the individuals described in 

clauses (i) through (iii). 

(B) PARTICIPATION BY NATIONAL MARINE FISHERIES

SERVICE.— 

(i) IN GENERAL.—If the districts elect to conduct 

the program using district personnel or qualified private contractors hired under clause (i) or (ii) of 

subparagraph (A), the Assistant Administrator may 

assign an employee of, on loan to, or otherwise assigned 

to the National Marine Fisheries Service, to be present 


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for all activities performed in the field to ensure compliance with paragraph (4). 

(ii) COSTS.—The districts shall pay the cost of 

participation by the employee under clause (i), in 

accordance with paragraph (6). 

(C) TIMING OF ELECTION.—The districts shall notify 

the Assistant Administrator of an election under subparagraph (A) by not later than October 15 of the calendar 

year preceding the calendar year for which the election 

applies. 

(6) FUNDING.— 

(A) IN GENERAL.—The districts shall be responsible 

for 100 percent of the cost of the program. 

(B) CONTRIBUTED FUNDS.—The Secretary of Commerce 

may accept and use contributions of funds from the districts 

to carry out activities under the program. 

(C) ESTIMATION OF COST.— 

(i) IN GENERAL.—Not later than December 1 of 

each year of the program, the Secretary of Commerce 

shall submit to the districts an estimate of the cost 

to be incurred by the National Marine Fisheries Service 

for the program during the following calendar year, 

if any, including the cost of any data collection and 

posting under paragraph (7). 

(ii) FAILURE TO FUND.—If an amount equal to the 

estimate of the Secretary of Commerce is not provided 

through contributions pursuant to subparagraph (B) 

before December 31 of that calendar year— 

(I) the Secretary shall have no obligation to 

conduct the program activities otherwise scheduled 

for the following calendar year until the amount 

is contributed by the districts; and 

(II) the districts may not conduct any aspect 

of the program until the amount is contributed 

by the districts. 

(D) ACCOUNTING.— 

(i) IN GENERAL.—Not later than September 1 of 

each year, the Secretary of Commerce shall provide 

to the districts an accounting of the costs incurred 

by the Secretary for the program during the preceding 

calendar year. 

(ii) EXCESS AMOUNTS.—If the amount contributed 

by the districts pursuant to subparagraph (B) for a 

calendar year was greater than the costs incurred by 

the Secretary of Commerce during that year, the Secretary shall— 

(I) apply the excess amounts to the cost of 

activities to be performed by the Secretary under 

the program, if any, during the following calendar 

year; or 

(II) if no such activities are to be performed, 

repay the excess amounts to the districts. 

(7) PUBLICATION AND EVALUATION OF DATA.— 

(A) IN GENERAL.—All data generated through the program, including by any private consultants, shall be routinely provided to the Assistant Administrator. 


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(B) INTERNET.—Not later than the 15th day of each 

month of the program, the Assistant Administrator shall 

publish on the Internet website of the National Marine 

Fisheries Service a tabular summary of the raw data collected under the program during the preceding month. 

(C) REPORT.—On completion of the program, the Assistant Administrator shall prepare a final report evaluating 

the effectiveness of the program, including recommendations for future research and removal work. 

(8) CONSISTENCY WITH LAW.— 

(A) IN GENERAL.—The programs in this section and 

subsection (e) are found to be consistent with the requirements of the Central Valley Project Improvement Act 

(Public Law 102–575; 106 Stat. 4706). 

(B) LIMITATION.—No provision, plan, or definition 

under that Act, including section 3406(b)(1) of that Act 

(Public Law 102–575; 106 Stat. 4714), shall be used— 

(i) to prohibit the implementation of the programs 

in this subsection and subsection (e); or 

(ii) to prevent the accomplishment of the goals 

of the programs. 

(e) PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES

PROGRAM.— 

(1) IN GENERAL.—Not later than January 1, 2018, the Secretary of the Interior, in collaboration with the Secretary of 

Commerce, the Director of the California Department of Fish 

and Wildlife, and other relevant agencies and interested parties, 

shall establish and carry out pilot projects to implement the 

invasive species control program under section 103(d)(6)(A)(iv) 

of Public Law 108–361 (118 Stat. 1690). 

(2) REQUIREMENTS.—The pilot projects under this section 

shall— 

(A) seek to reduce invasive aquatic vegetation (such 

as water hyacinth), predators, and other competitors that 

contribute to the decline of native listed pelagic and anadromous species that occupy the Sacramento and San Joaquin Rivers and their tributaries and the Delta; and 

(B) remove, reduce, or control the effects of species 

including Asiatic clams, silversides, gobies, Brazilian water 

weed, largemouth bass, smallmouth bass, striped bass, 

crappie, bluegill, white and channel catfish, zebra and 

quagga mussels, and brown bullheads. 

(3) EMERGENCY ENVIRONMENTAL REVIEWS.—To expedite 

environmentally beneficial programs in this subtitle for the 

conservation of threatened and endangered species, the Secretaries of the Interior and Commerce shall consult with the 

Council on Environmental Quality in accordance with section 

1506.11 of title 40, Code of Federal Regulations (or successor 

regulations), to develop alternative arrangements to comply 

with the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) for those programs. 

(f) COLLABORATIVE PROCESSES.—Notwithstanding the Federal 

Advisory Committee Act (5 U.S.C. App.) and applicable Federal 

acquisitions and contracting authorities, the Secretaries of the 

Interior and Commerce may use the collaborative processes under 

the Collaborative Science Adaptive Management Program to enter 


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into contracts with specific individuals or organizations directly 

or in conjunction with appropriate State agencies. 

(g) THE ‘‘SAVE OUR SALMON ACT’’.— 

(1) TREATMENT OF STRIPED BASS.— (A) ANADROMOUS FISH.—Section 3403(a) of the Central 

Valley Project Improvement Act (title XXXIV of Public 

Law 102–575) is amended by striking ‘‘striped bass,’’ after 

‘‘stocks of salmon (including steelhead),’’. 

(B) FISH AND WILDLIFE RESTORATION ACTIVITIES.—Section 3406(b) of the Central Valley Project Improvement 

Act (title XXXIV of Public Law 102–575) is amended by— 

(i) striking paragraphs (14) and (18); 

(ii) redesignating paragraphs (15) through (17) as 

paragraphs (14) through (16), respectively; and 

(iii) redesignating paragraphs (19) through (23) 

as paragraphs (17) through (21), respectively. 

(2) CONFORMING CHANGES.—Section 3407(a) of the Central 

Valley Project Improvement Act (title XXXIV of Public Law 

102–575) is amended by striking ‘‘(10)–(18), and (20)–(22)’’ and 

inserting ‘‘(10)–(16), and (18)–(20)’’. 

SEC. 4011. OFFSETS AND WATER STORAGE ACCOUNT. 

(a) PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN

THE UNITED STATES AND CONTRACTORS OF FEDERALLY DEVELOPED

WATER SUPPLIES.— 

(1) CONVERSION AND PREPAYMENT OF CONTRACTS.—Upon 

request of the contractor, the Secretary of the Interior shall 

convert any water service contract in effect on the date of 

enactment of this subtitle and between the United States and 

a water users’ association to allow for prepayment of the repayment contract pursuant to paragraph (2) under mutually agreeable terms and conditions. The manner of conversion under 

this paragraph shall be as follows: 

(A) Water service contracts that were entered into 

under section (e) of the Act of August 4, 1939 (53 Stat. 

1196), to be converted under this section shall be converted 

to repayment contracts under section 9(d) of that Act (53 

Stat. 1195). 

(B) Water service contracts that were entered under 

subsection (c)(2) of section 9 of the Act of August 4, 1939 

(53 Stat. 1194), to be converted under this section shall 

be converted to a contract under subsection (c)(1) of section 

9 of that Act (53 Stat. 1195). 

(2) PREPAYMENT.—Except for those repayment contracts 

under which the contractor has previously negotiated for 

prepayment, all repayment contracts under section 9(d) of that 

Act (53 Stat. 1195) in effect on the date of enactment of this 

subtitle at the request of the contractor, and all contracts 

converted pursuant to paragraph (1)(A) shall— 

(A) provide for the repayment, either in lump sum 

or by accelerated prepayment, of the remaining construction costs identified in water project specific irrigation rate 

repayment schedules, as adjusted to reflect payment not 

reflected in such schedules, and properly assignable for 

ultimate return by the contractor, or if made in approximately equal installments, no later than 3 years after 

the effective date of the repayment contract, such amount 


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to be discounted by 1⁄2 the Treasury rate. An estimate 

of the remaining construction costs, as adjusted, shall be 

provided by the Secretary to the contractor no later than 

90 days following receipt of request of the contractor; 

(B) require that construction costs or other capitalized 

costs incurred after the effective date of the contract or 

not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor shall 

be repaid in not more than 5 years after notification of 

the allocation if such amount is a result of a collective 

annual allocation of capital costs to the contractors exercising contract conversion under this subsection of less 

than $5,000,000. If such amount is $5,000,000 or greater, 

such cost shall be repaid as provided by applicable reclamation law; 

(C) provide that power revenues will not be available 

to aid in repayment of construction costs allocated to irrigation under the contract; and 

(D) continue so long as the contractor pays applicable 

charges, consistent with section 9(d) of the Act of August 

4, 1939 (53 Stat. 1195), and applicable law. 

(3) CONTRACT REQUIREMENTS.—Except for those repayment 

contracts under which the contractor has previously negotiated 

for prepayment, the following shall apply with regard to all 

repayment contracts under subsection (c)(1) of section 9 of 

that Act (53 Stat. 1195) in effect on the date of enactment 

of this subtitle at the request of the contractor, and all contracts 

converted pursuant to paragraph (1)(B): 

(A) Provide for the repayment in lump sum of the 

remaining construction costs identified in water project 

specific municipal and industrial rate repayment schedules, 

as adjusted to reflect payments not reflected in such schedules, and properly assignable for ultimate return by the 

contractor. An estimate of the remaining construction costs, 

as adjusted, shall be provided by the Secretary to the 

contractor no later than 90 days after receipt of the request 

of contractor. 

(B) The contract shall require that construction costs 

or other capitalized costs incurred after the effective date 

of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to 

such contractor, shall be repaid in not more than 5 years 

after notification of the allocation if such amount is a 

result of a collective annual allocation of capital costs to 

the contractors exercising contract conversion under this 

subsection of less than $5,000,000. If such amount is 

$5,000,000 or greater, such cost shall be repaid as provided 

by applicable reclamation law. 

(C) Continue so long as the contractor pays applicable 

charges, consistent with section 9(c)(1) of the Act of August 

4, 1939 (53 Stat. 1195), and applicable law. 

(4) CONDITIONS.—All contracts entered into pursuant to 

paragraphs (1), (2), and (3) shall— 

(A) not be adjusted on the basis of the type of prepayment financing used by the water users’ association; 


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(B) conform to any other agreements, such as 

applicable settlement agreements and new constructed 

appurtenant facilities; and 

(C) not modify other water service, repayment, 

exchange and transfer contractual rights between the water 

users’ association, and the Bureau of Reclamation, or any 

rights, obligations, or relationships of the water users’ 

association and their landowners as provided under State 

law. 

(b) ACCOUNTING.—The amounts paid pursuant to subsection 

(a) shall be subject to adjustment following a final cost allocation 

by the Secretary of the Interior. In the event that the final cost 

allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, 

the contractor shall be obligated to pay the remaining allocated 

costs. The term of such additional repayment contract shall be 

not less than one year and not more than 10 years, however, 

mutually agreeable provisions regarding the rate of repayment of 

such amount may be developed by the parties. In the event that 

the final cost allocation indicates that the costs properly assignable 

to the contractor are less than what the contractor has paid, the 

Secretary shall credit such overpayment as an offset against any 

outstanding or future obligation of the contractor, with the exception 

of Restoration Fund charges pursuant to section 3407(d) of Public 

Law 102–575. 

(c) APPLICABILITY OF CERTAIN PROVISIONS.— 

(1) EFFECT OF EXISTING LAW.—Upon a contractor’s compliance with and discharge of the obligation of repayment of 

the construction costs pursuant to a contract entered into pursuant to subsection (a)(2)(A), subsections (a) and (b) of section 

213 of the Reclamation Reform Act of 1982 (96 Stat. 1269) 

shall apply to affected lands. 

(2) EFFECT OF OTHER OBLIGATIONS.—The obligation of a 

contractor to repay construction costs or other capitalized costs 

described in subsection (a)(2)(B), (a)(3)(B), or (b) shall not affect 

a contractor’s status as having repaid all of the construction 

costs assignable to the contractor or the applicability of subsections (a) and (b) of section 213 of the Reclamation Reform 

Act of 1982 (96 Stat. 1269) once the amount required to be 

paid by the contractor under the repayment contract entered 

into pursuant to subsection (a)(2)(A) has been paid. 

(d) EFFECT ON EXISTING LAW NOT ALTERED.—Implementation 

of the provisions of this subtitle shall not alter— 

(1) the repayment obligation of any water service or repayment contractor receiving water from the same water project, 

or shift any costs that would otherwise have been properly 

assignable to the water users’ association identified in subsections (a)(1), (a)(2), and (a)(3) absent this section, including 

operation and maintenance costs, construction costs, or other 

capitalized costs incurred after the date of the enactment of 

this subtitle, or to other contractors; and 

(2) specific requirements for the disposition of amounts 

received as repayments by the Secretary under the Act of 

June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.); 

(3) the priority of a water service or repayment contractor 

to receive water; or 


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(4) except as expressly provided in this section, any obligations under the reclamation law, including the continuation 

of Restoration Fund charges pursuant to section 3407(d) (Public 

Law 102–575), of the water service and repayment contractors 

making prepayments pursuant to this section. 

(e) WATER STORAGE ENHANCEMENT PROGRAM.— 

(1) IN GENERAL.—Except as provided in subsection (d)(2), 

$335,000,000 out of receipts generated from prepayment of 

contracts under this section beyond amounts necessary to cover 

the amount of receipts forgone from scheduled payments under 

current law for the 10-year period following the date of enactment of this Act shall be directed to the Reclamation Water 

Storage Account under paragraph (2). 

(2) STORAGE ACCOUNT.—The Secretary shall allocate 

amounts collected under paragraph (1) into the ‘‘Reclamation 

Storage Account’’ to fund the construction of water storage. 

The Secretary may also enter into cooperative agreements with 

water users’ associations for the construction of water storage 

and amounts within the Storage Account may be used to fund 

such construction. Water storage projects that are otherwise 

not federally authorized shall not be considered Federal facilities as a result of any amounts allocated from the Storage 

Account for part or all of such facilities. 

(3) REPAYMENT.—Amounts used for water storage construction from the Account shall be fully reimbursed to the Account 

consistent with the requirements under Federal reclamation 

law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 

and Acts supplemental to and amendatory of that Act (43 

U.S.C. 371 et seq.)) except that all funds reimbursed shall 

be deposited in the Account established under paragraph (2). 

(4) AVAILABILITY OF AMOUNTS.—Amounts deposited in the 

Account under this subsection shall— 

(A) be made available in accordance with this section, 

subject to appropriation; and 

(B) be in addition to amounts appropriated for such 

purposes under any other provision of law. 

(f) DEFINITIONS.—For the purposes of this subtitle, the following 

definitions apply: 

(1) ACCOUNT.—The term ‘‘Account’’ means the Reclamation 

Water Storage Account established under subsection (e)(2). 

(2) CONSTRUCTION.—The term ‘‘construction’’ means the 

designing, materials engineering and testing, surveying, and 

building of water storage including additions to existing water 

storage and construction of new water storage facilities, exclusive of any Federal statutory or regulatory obligations relating 

to any permit, review, approval, or other such requirement. 

(3) WATER STORAGE.—The term ‘‘water storage’’ means any 

federally owned facility under the jurisdiction of the Bureau 

of Reclamation or any non-Federal facility used for the storage 

and supply of water resources. 

(4) TREASURY RATE.—The term ‘‘Treasury rate’’ means the 

20- year Constant Maturity Treasury (CMT) rate published 

by the United States Department of the Treasury existing 

on the effective date of the contract. 

(5) WATER USERS’ ASSOCIATION.—The term ‘‘water users’ 

association’’ means— 


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(A) an entity organized and recognized under State 

laws that is eligible to enter into contracts with Reclamation to receive contract water for delivery to end users 

of the water and to pay applicable charges; and 

(B) includes a variety of entities with different names 

and differing functions, such as associations, conservancy 

districts, irrigation districts, municipalities, and water 

project contract units. 

SEC. 4012. SAVINGS LANGUAGE. 

(a) IN GENERAL.—This subtitle shall not be interpreted or 

implemented in a manner that— 

(1) preempts or modifies any obligation of the United States 

to act in conformance with applicable State law, including 

applicable State water law; 

(2) affects or modifies any obligation under the Central 

Valley Project Improvement Act (Public Law 102–575; 106 Stat. 

4706), except for the savings provisions for the Stanislaus River 

predator management program expressly established by section 

11(d) and provisions in section 11(g); 

(3) overrides, modifies, or amends the applicability of the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or 

the application of the smelt and salmonid biological opinions 

to the operation of the Central Valley Project or the State 

Water Project; 

(4) would cause additional adverse effects on listed fish 

species beyond the range of effects anticipated to occur to 

the listed fish species for the duration of the applicable 

biological opinion, using the best scientific and commercial data 

available; or 

(5) overrides, modifies, or amends any obligation of the 

Pacific Fisheries Management Council, required by the Magnuson Stevens Act or the Endangered Species Act of 1973, to 

manage fisheries off the coast of California, Oregon, or Washington. 

(b) SUCCESSOR BIOLOGICAL OPINIONS.— 

(1) IN GENERAL.—The Secretaries of the Interior and Commerce shall apply this Act to any successor biological opinions 

to the smelt or salmonid biological opinions only to the extent 

that the Secretaries determine is consistent with— 

(A) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.), its implementing regulations, and the successor biological opinions; and 

(B) subsection (a)(4). 

(2) LIMITATION.—Nothing in this Act shall restrict the Secretaries of the Interior and Commerce from completing consultation on successor biological opinions and through those 

successor biological opinions implementing whatever adjustments in operations or other activities as may be required 

by the Endangered Species Act of 1973 and its implementing 

regulations. 

(c) SEVERABILITY.—If any provision of this subtitle, or any 

application of such provision to any person or circumstance, is 

held to be inconsistent with any law or the biological opinions, 

the remainder of this subtitle and the application of this subtitle 

to any other person or circumstance shall not be affected. 

43 USC 390b 

note. 


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PUBLIC LAW 114–322—DEC. 16, 2016 130 STAT. 1883 

SEC. 4013. DURATION. 

This subtitle shall expire on the date that is 5 years after 

the date of its enactment, with the exception of— 

(1) section 4004, which shall expire 10 years after the 

date of its enactment; and 

(2) projects under construction in sections 4007, 4009(a), 

and 4009(c). 

SEC. 4014. DEFINITIONS. 

In this subtitle: 

(1) ASSISTANT ADMINISTRATOR.—The term ‘‘Assistant 

Administrator’’ means the Assistant Administrator for Fisheries 

of the National Oceanic and Atmospheric Administration. 

(2) CENTRAL VALLEY PROJECT.—The term ‘‘Central Valley 

Project’’ has the meaning given the term in section 3403 of 

the Central Valley Project Improvement Act (Public Law 102– 

575; 106 Stat. 4707). 

(3) COMMISSIONER.—The term ‘‘Commissioner’’ means the 

Commissioner of Reclamation. 

(4) DELTA.—The term ‘‘Delta’’ means the Sacramento-San 

Joaquin Delta and the Suisun Marsh (as defined in section 

12220 of the California Water Code and section 29101 of the 

California Public Resources Code (as in effect on the date 

of enactment of this Act)). 

(5) DELTA SMELT.—The term ‘‘Delta smelt’’ means the fish 

species with the scientific name Hypomesus transpacificus. 

(6) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the United States Fish and Wildlife Service. 

(7) LISTED FISH SPECIES.—The term ‘‘listed fish species’’ 

means— 

(A) any natural origin steelhead, natural origin genetic 

spring run Chinook, or genetic winter run Chinook salmon 

(including any hatchery steelhead or salmon population 

within the evolutionary significant unit or a distinct population segment); and 

(B) Delta smelt. 

(8) RECLAMATION STATE.—The term ‘‘Reclamation State’’ 

means any of the States of— 

(A) Arizona; 

(B) California; 

(C) Colorado; 

(D) Idaho; 

(E) Kansas; 

(F) Montana; 

(G) Nebraska; 

(H) Nevada; 

(I) New Mexico; 

(J) North Dakota; 

(K) Oklahoma; 

(L) Oregon; 

(M) South Dakota; 

(N) Texas; 

(O) Utah; 

(P) Washington; and 

(Q) Wyoming. 

(9) SALMONID BIOLOGICAL OPINION.— 

43 USC 390b 

note. 

43 USC 390b 

note. 


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(A) IN GENERAL.—The term ‘‘salmonid biological 

opinion’’ means the biological and conference opinion of 

the National Marine Fisheries Service dated June 4, 2009, 

regarding the long-term operation of the Central Valley 

Project and the State Water Project, and successor 

biological opinions. 

(B) INCLUSIONS.—The term ‘‘salmonid biological 

opinion’’ includes the operative incidental take statement 

of the opinion described in subparagraph (A). 

(10) SMELT BIOLOGICAL OPINION.— (A) IN GENERAL.—The term ‘‘smelt biological opinion’’ 

means the biological opinion dated December 15, 2008, 

regarding the coordinated operation of the Central Valley 

Project and the State Water Project, and successor 

biological opinions. 

(B) INCLUSIONS.—The term ‘‘smelt biological opinion’’ 

includes the operative incidental take statement of the 

opinion described in subparagraph (A). 

(11) STATE WATER PROJECT.—The term ‘‘State Water 

Project’’ means the water project described in chapter 5 of 

part 3 of division 6 of the California Water Code (sections 

11550 et seq.) (as in effect on the date of enactment of this 

Act) and operated by the California Department of Water 

Resources. 

TITLE IV—OTHER MATTERS 

SEC. 5001. CONGRESSIONAL NOTIFICATION REQUIREMENTS. 

(a) IN GENERAL.—Subchapter I of chapter 3 of title 49, United 

States Code, is amended by adding at the end the following: 

‘‘§ 311. Congressional notification requirements 

‘‘(a) IN GENERAL.—Except as provided in subsection (b) or as 

expressly provided in another provision of law, the Secretary of 

Transportation shall provide to the appropriate committees of Congress notice of an announcement concerning a covered project at 

least 3 full business days before the announcement is made by 

the Department. 

‘‘(b) EMERGENCY PROGRAM.—With respect to an allocation of 

funds under section 125 of title 23, the Secretary shall provide 

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Environment and Public 

Works of the Senate notice of the allocation— 

‘‘(1) at least 3 full business days before the issuance of 

the allocation; or 

‘‘(2) concurrently with the issuance of the allocation, if 

the allocation is made using the quick release process of the 

Department (or any successor process). 

‘‘(c) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘appropriate committees of Congress’ means— 

‘‘(A) the Committee on Transportation and Infrastructure of the House of Representatives; and 

‘‘(B) the Committee on Environment and Public Works, 

the Committee on Commerce, Science, and Transportation, 

49 USC 311. 


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and the Committee on Banking, Housing, and Urban 

Affairs of the Senate. 

‘‘(2) COVERED PROJECT.—The term ‘covered project’ means 

a project competitively selected by the Department to receive 

a discretionary grant award, letter of intent, loan commitment, 

loan guarantee commitment, or line of credit commitment in 

an amount equal to or greater than $750,000. 

‘‘(3) DEPARTMENT.—The term ‘Department’ means the 

Department of Transportation, including the modal administrations of the Department.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 

49, United States Code, is amended by inserting after the item 

relating to section 310 the following: 

‘‘311. Congressional notification requirements.’’. 

SEC. 5002. REAUTHORIZATION OF DENALI COMMISSION. 

(a) ADMINISTRATION.—Section 303 of the Denali Commission 

Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is amended— 

(1) in subsection (c)— 

(A) in the first sentence by striking ‘‘The Federal 

Cochairperson’’ and inserting the following: 

‘‘(1) TERM OF FEDERAL COCHAIRPERSON.—The Federal 

Cochairperson’’; 

(B) in the second sentence by striking ‘‘All other members’’ and inserting the following: 

‘‘(3) TERM OF ALL OTHER MEMBERS.—All other members’’; 

(C) in the third sentence by striking ‘‘Any vacancy’’ 

and inserting the following: 

‘‘(4) VACANCIES.—Except as provided in paragraph (2), any 

vacancy’’; and 

(D) by inserting before paragraph (3) (as designated 

by subparagraph (B)) the following: 

‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In the event of 

a vacancy for any reason in the position of Federal Cochairperson, the Secretary may appoint an Interim Federal Cochairperson, who shall have all the authority of the Federal Cochairperson, to serve until such time as the vacancy in the position 

of Federal Cochairperson is filled in accordance with subsection 

(b)(2)).’’; and 

(2) by adding at the end the following: 

‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No member of the 

Commission, other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose. 

‘‘(g) CONFLICTS OF INTEREST.— 

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), no member of the Commission (referred to in this 

subsection as a ‘member’) shall participate personally or 

substantially, through recommendation, the rendering of advice, 

investigation, or otherwise, in any proceeding, application, 

request for a ruling or other determination, contract claim, 

controversy, or other matter in which, to the knowledge of 

the member, 1 or more of the following has a direct financial 

interest: 

‘‘(A) The member. 

‘‘(B) The spouse, minor child, or partner of the member. 

‘‘(C) An organization described in subparagraph (B), 

(C), (D), (E), or (F) of subsection (b)(1) for which the member 

49 USC 

prec. 301. 


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is serving as an officer, director, trustee, partner, or 

employee. 

‘‘(D) Any individual, person, or organization with which 

the member is negotiating or has any arrangement concerning prospective employment. 

‘‘(2) DISCLOSURE.—Paragraph (1) shall not apply if the 

member— 

‘‘(A) immediately advises the designated agency ethics 

official for the Commission of the nature and circumstances 

of the matter presenting a potential conflict of interest; 

‘‘(B) makes full disclosure of the financial interest; 

and 

‘‘(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the designated agency ethics official for the 

Commission that the interest is not so substantial as to 

be likely to affect the integrity of the services that the 

Commission may expect from the member. The written 

determination shall specify the rationale and any evidence 

or support for the decision, identify steps, if any, that 

should be taken to mitigate any conflict of interest, and 

be available to the public. 

‘‘(3) ANNUAL DISCLOSURES.—Once each calendar year, each 

member shall make full disclosure of financial interests, in 

a manner to be determined by the designated agency ethics 

official for the Commission. 

‘‘(4) TRAINING.—Once each calendar year, each member 

shall undergo disclosure of financial interests training, as prescribed by the designated agency ethics official for the Commission. 

‘‘(5) CLARIFICATION.—A member of the Commission may 

continue to participate personally or substantially, through 

decision, approval, or disapproval on the focus of applications 

to be considered but not on individual applications where a 

conflict of interest exists. 

‘‘(6) VIOLATION.—Any person that violates this subsection 

shall be fined not more than $10,000, imprisoned for not more 

than 2 years, or both.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Section 310 of the Denali Commission 

Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) (as 

redesignated by section 1960(1) of SAFETEA–LU (Public Law 

109–59; 119 Stat. 1516)) is amended, in subsection (a), by 

striking ‘‘under section 4 under this Act’’ and all that follows 

through ‘‘2008’’ and inserting ‘‘under section 304, $15,000,000 

for each of fiscal years 2017 through 2021.’’. 

(2) CLERICAL AMENDMENT.—Section 310 of the Denali 

Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 

105–277) (as redesignated by section 1960(1) of SAFETEA– 

LU (Public Law 109–59; 119 Stat. 1516)) is redesignated as 

section 312. 

SEC. 5003. RECREATIONAL ACCESS FOR FLOATING CABINS AT TVA 

RESERVOIRS. 

The Tennessee Valley Authority Act of 1933 is amended by 

inserting after section 9a (16 U.S.C. 831h-1) the following: 


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‘‘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 levy fees on the owner of a floating 

cabin on waters under the jurisdiction of the Corporation for the 

purpose of ensuring compliance with subsection (b) if the fees are 

necessary and reasonable for such purpose. 

‘‘(d) CONTINUED RECREATIONAL USE.— 

‘‘(1) IN GENERAL.—With respect to a floating cabin located 

on waters under the jurisdiction of the Corporation on the 

date of enactment of this section, the Board— 

‘‘(A) may not require the removal of the floating cabin— 

‘‘(i) in the case of a floating cabin that was granted 

a permit by the Corporation before the date of enactment of this section, for a period of 15 years beginning 

on such date of enactment; and 

‘‘(ii) in the case of a floating cabin not granted 

a permit by the Corporation before the date of enactment of this section, for a period of 5 years beginning 

on such date of enactment; and 

‘‘(B) shall approve and allow the use of the floating 

cabin on waters under the jurisdiction of the Corporation 

at such time and for such duration as— 

‘‘(i) the floating cabin meets the requirements of 

subsection (b); and 

‘‘(ii) the owner of the floating cabin has paid any 

fee assessed pursuant to subsection (c). 

‘‘(2) SAVINGS PROVISIONS.— ‘‘(A) Nothing in this subsection restricts the ability 

of the Corporation to enforce reasonable health, safety, 

or environmental standards. 

‘‘(B) This section applies only to floating cabins located 

on waters under the jurisdiction of the Corporation. 

‘‘(e) NEW CONSTRUCTION.—The Corporation may establish regulations to prevent the construction of new floating cabins.’’. 

SEC. 5004. GOLD KING MINE SPILL RECOVERY. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) CLAIMANT.—The term ‘‘claimant’’ means a State, Indian 

tribe, or local government that submits a claim under subsection (c). 

16 USC 831h–3. 


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(3) GOLD KING MINE RELEASE.—The term ‘‘Gold King Mine 

release’’ means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold 

King Mine north of Silverton, Colorado, into Cement Creek 

that occurred while contractors of the Environmental Protection 

Agency were conducting an investigation of the Gold King 

Mine to assess mine conditions. 

(4) NATIONAL CONTINGENCY PLAN.—The term ‘‘National 

Contingency Plan’’ means the National Contingency Plan prepared and published under part 300 of title 40, Code of Federal 

Regulations (or successor regulations). 

(5) RESPONSE.—The term ‘‘response’’ has the meaning given 

the term in section 101 of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9601). 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Administrator should receive and process, as expeditiously as 

possible, claims under chapter 171 of title 28, United States Code 

(commonly known as the ‘‘Federal Tort Claims Act’’) for any injury 

arising out of the Gold King Mine release. 

(c) GOLD KING MINE RELEASE CLAIMS PURSUANT TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND

LIABILITY ACT.— 

(1) IN GENERAL.—The Administrator shall, consistent with 

the National Contingency Plan, receive and process under the 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9601 et seq.), and pay from 

appropriations made available to the Administrator to carry 

out such Act, any claim made by a State, Indian tribe, or 

local government for eligible response costs relating to the 

Gold King Mine release. 

(2) ELIGIBLE RESPONSE COSTS.— 

(A) IN GENERAL.—Response costs incurred between 

August 5, 2015, and September 9, 2016, are eligible for 

payment by the Administrator under this subsection, without prior approval by the Administrator, if the response 

costs are consistent with the National Contingency Plan. 

(B) PRIOR APPROVAL REQUIRED.—Response costs 

incurred after September 9, 2016, are eligible for payment 

by the Administrator under this subsection if— 

(i) the Administrator approves the response costs 

under section 111(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9611(a)(2)); and 

(ii) the response costs are consistent with the 

National Contingency Plan. 

(3) TIMING.— 

(A) IN GENERAL.—Not later than 90 days after the 

date of enactment of this Act, the Administrator shall 

make a decision on, and pay, any eligible response costs 

submitted to the Administrator before such date of enactment. 

(B) SUBSEQUENTLY FILED CLAIMS.—Not later than 90 

days after the date on which a claim is submitted to the 

Administrator, the Administrator shall make a decision 

on, and pay, any eligible response costs. 


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(C) DEADLINE.—All claims under this subsection shall 

be submitted to the Administrator not later than 180 days 

after the date of enactment of this Act. 

(D) NOTIFICATION.—Not later than 30 days after the 

date on which the Administrator makes a decision under 

subparagraph (A) or (B), the Administrator shall notify 

the claimant of the decision. 

(d) WATER QUALITY PROGRAM.— 

(1) IN GENERAL.—In response to the Gold King Mine 

release, the Administrator, in conjunction with affected States, 

Indian tribes, and local governments, shall, subject to the availability of appropriations, develop and implement a program 

for long-term water quality monitoring of rivers contaminated 

by the Gold King Mine release. 

(2) REQUIREMENTS.—In carrying out the program described 

in paragraph (1), the Administrator, in conjunction with 

affected States, Indian tribes, and local governments, shall— 

(A) collect water quality samples and sediment data; 

(B) provide the public with a means of viewing the 

water quality sample results and sediment data referred 

to in subparagraph (A) by, at a minimum, posting the 

information on the website of the Administrator; 

(C) take any other reasonable measure necessary to 

assist affected States, Indian tribes, and local governments 

with long-term water monitoring; and 

(D) carry out additional program activities related to 

long-term water quality monitoring that the Administrator 

determines to be necessary. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator $4,000,000.00 

for each of fiscal years 2017 through 2021 to carry out this 

subsection, including the reimbursement of affected States, 

Indian tribes, and local governments for the costs of longterm water quality monitoring of any river contaminated by 

the Gold King Mine release. 

(e) EXISTING STATE AND TRIBAL LAW.—Nothing in this section 

affects the jurisdiction or authority of any department, agency, 

or officer of any State government or any Indian tribe. 

(f) SAVINGS CLAUSE.—Nothing in this section affects any right 

of any State, Indian tribe, or other person to bring a claim against 

the United States for response costs or natural resources damages 

pursuant to section 107 of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607). 

SEC. 5005. GREAT LAKES RESTORATION INITIATIVE. 

Section 118(c)(7) of the Federal Water Pollution Control Act 

(33 U.S.C. 1268(c)(7)) is amended— 

(1) by striking subparagraphs (B) and (C) and inserting 

the following: 

‘‘(B) FOCUS AREAS.—In carrying out the Initiative, the 

Administrator shall prioritize programs and projects, to 

be carried out in coordination with non-Federal partners, 

that address the priority areas described in the Initiative 

Action Plan, including— 

‘‘(i) the remediation of toxic substances and areas 

of concern; 


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‘‘(ii) the prevention and control of invasive species 

and the impacts of invasive species; 

‘‘(iii) the protection and restoration of nearshore 

health and the prevention and mitigation of nonpoint 

source pollution; 

‘‘(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; 

and 

‘‘(v) accountability, monitoring, evaluation, communication, and partnership activities. 

‘‘(C) PROJECTS.— 

‘‘(i) IN GENERAL.—In carrying out the Initiative, 

the Administrator shall collaborate with other Federal 

partners, including the Great Lakes Interagency Task 

Force established by Executive Order No. 13340 (69 

Fed. Reg. 29043), to select the best combination of 

programs and projects for Great Lakes protection and 

restoration using appropriate principles and criteria, 

including whether a program or project provides— 

‘‘(I) the ability to achieve strategic and measurable environmental outcomes that implement 

the Initiative Action Plan and the Great Lakes 

Water Quality Agreement; 

‘‘(II) the feasibility of— 

‘‘(aa) prompt implementation; 

‘‘(bb) timely achievement of results; and 

‘‘(cc) resource leveraging; and 

‘‘(III) the opportunity to improve interagency, 

intergovernmental, and interorganizational 

coordination and collaboration to reduce duplication and streamline efforts. 

‘‘(ii) OUTREACH.—In selecting the best combination 

of programs and projects for Great Lakes protection 

and restoration under clause (i), the Administrator 

shall consult with the Great Lakes States and Indian 

tribes and solicit input from other non-Federal stakeholders. 

‘‘(iii) HARMFUL ALGAL BLOOM COORDINATOR.—The 

Administrator shall designate a point person from an 

appropriate Federal partner to coordinate, with Federal 

partners and Great Lakes States, Indian tribes, and 

other non-Federal stakeholders, projects and activities 

under the Initiative involving harmful algal blooms 

in the Great Lakes.’’; 

(2) in subparagraph (D)— 

(A) by striking clause (i) and inserting the following: 

‘‘(i) IN GENERAL.—Subject to subparagraph (J)(ii), 

funds made available to carry out the Initiative shall 

be used to strategically implement— 

‘‘(I) Federal projects; 

‘‘(II) projects carried out in coordination with 

States, Indian tribes, municipalities, institutions 

of higher education, and other organizations; and 

‘‘(III) operations and activities of the Program 

Office, including remediation of sediment contamination in areas of concern.’’; 


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(B) in clause (ii)(I), by striking ‘‘(G)(i)’’ and inserting 

‘‘(J)(i)’’; and 

(C) by inserting after clause (ii) the following: 

‘‘(iii) AGREEMENTS WITH NON-FEDERAL ENTITIES.— ‘‘(I) IN GENERAL.—The Administrator, or the 

head of any other Federal department or agency 

receiving funds under clause (ii)(I), may make a 

grant to, or otherwise enter into an agreement 

with, a qualified non-Federal entity, as determined 

by the Administrator or the applicable head of 

the other Federal department or agency receiving 

funds, for planning, research, monitoring, outreach, or implementation of a project selected 

under subparagraph (C), to support the Initiative 

Action Plan or the Great Lakes Water Quality 

Agreement. 

‘‘(II) QUALIFIED NON-FEDERAL ENTITY.—For 

purposes of this clause, a qualified non-Federal 

entity may include a governmental entity, nonprofit organization, institution, or individual.’’; and 

(3) by striking subparagraphs (E) through (G) and inserting 

the following: 

‘‘(E) SCOPE.— 

‘‘(i) IN GENERAL.—Projects may be carried out 

under the Initiative on multiple levels, including— 

‘‘(I) locally; 

‘‘(II) Great Lakes-wide; or 

‘‘(III) Great Lakes basin-wide. 

‘‘(ii) LIMITATION.—No funds made available to 

carry out the Initiative may be used for any water 

infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem 

functions in the Great Lakes) for which financial assistance is received— 

‘‘(I) from a State water pollution control 

revolving fund established under title VI; 

‘‘(II) from a State drinking water revolving 

loan fund established under section 1452 of the 

Safe Drinking Water Act (42 U.S.C. 300j–12); or 

‘‘(III) pursuant to the Water Infrastructure 

Finance and Innovation Act of 2014 (33 U.S.C. 

3901 et seq.). 

‘‘(F) ACTIVITIES BY OTHER FEDERAL AGENCIES.—Each 

relevant Federal department or agency shall, to the maximum extent practicable— 

‘‘(i) maintain the base level of funding for the 

Great Lakes activities of that department or agency 

without regard to funding under the Initiative; and 

‘‘(ii) identify new activities and projects to support 

the environmental goals of the Initiative. 

‘‘(G) REVISION OF INITIATIVE ACTION PLAN.— ‘‘(i) IN GENERAL.—Not less often than once every 

5 years, the Administrator, in conjunction with the 

Great Lakes Interagency Task Force, shall review, and 

revise as appropriate, the Initiative Action Plan to 

guide the activities of the Initiative in addressing the 

restoration and protection of the Great Lakes system. 


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‘‘(ii) OUTREACH.—In reviewing and revising the Initiative Action Plan under clause (i), the Administrator 

shall consult with the Great Lakes States and Indian 

tribes and solicit input from other non-Federal stakeholders. 

‘‘(H) MONITORING AND REPORTING.—The Administrator 

shall— 

‘‘(i) establish and maintain a process for monitoring 

and periodically reporting to the public on the progress 

made in implementing the Initiative Action Plan; 

‘‘(ii) make information about each project carried 

out under the Initiative Action Plan available on a 

public website; and 

‘‘(iii) provide to the Committee on Transportation 

and Infrastructure of the House of Representatives 

and the Committee on Environment and Public Works 

of the Senate a yearly detailed description of the 

progress of the Initiative and amounts transferred to 

participating Federal departments and agencies under 

subparagraph (D)(ii). 

‘‘(I) INITIATIVE ACTION PLAN DEFINED.—In this paragraph, the term ‘Initiative Action Plan’ means the comprehensive, multiyear action plan for the restoration of 

the Great Lakes, first developed pursuant to the Joint 

Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and 

Related Agencies Appropriations Act, 2010 (Public Law 

111–88). 

‘‘(J) FUNDING.— 

‘‘(i) IN GENERAL.—There is authorized to be appropriated to carry out this paragraph $300,000,000 for 

each of fiscal years 2017 through 2021. 

‘‘(ii) LIMITATION.—Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under— 

‘‘(I) this section; 

‘‘(II) the Initiative Action Plan; or 

‘‘(III) the Great Lakes Water Quality Agreement.’’. 

SEC. 5006. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS. 

(a) DEFINITIONS.—Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended— 

(1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), 

(10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), 

(11), (13), (14), (15), and (16), respectively; 

(2) by inserting after paragraph (3) the following: 

‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL DAM.— 

‘‘(A) IN GENERAL.—The term ‘eligible high hazard 

potential dam’ means a non-Federal dam that— 

‘‘(i) is located in a State with a State dam safety 

program; 

‘‘(ii) is classified as ‘high hazard potential’ by the 

State dam safety agency in the State in which the 

dam is located; 

‘‘(iii) has an emergency action plan approved by 

the relevant State dam safety agency; and 


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‘‘(iv) the State in which the dam is located determines— 

‘‘(I) fails to meet minimum dam safety standards of the State; and 

‘‘(II) poses an unacceptable risk to the public. 

‘‘(B) EXCLUSION.—The term ‘eligible high hazard potential dam’ does not include— 

‘‘(i) a licensed hydroelectric dam; or 

‘‘(ii) a dam built under the authority of the Secretary of Agriculture.’’; 

(3) by inserting after paragraph (9) (as redesignated by 

paragraph (1) of this subsection) the following: 

‘‘(10) NON-FEDERAL SPONSOR.—The term ‘non-Federal 

sponsor’, in the case of a project receiving assistance under 

section 8A, includes— 

‘‘(A) a governmental organization; and 

‘‘(B) a nonprofit organization.’’; and 

(4) by inserting after paragraph (11) (as redesignated by 

paragraph (1) of this subsection) the following: 

‘‘(12) REHABILITATION.—The term ‘rehabilitation’ means the 

repair, replacement, reconstruction, or removal of a dam that 

is carried out to meet applicable State dam safety and security 

standards.’’. 

(b) PROGRAM FOR REHABILITATION OF HIGH HAZARD POTENTIAL

DAMS.—The National Dam Safety Program Act is amended by 

inserting after section 8 (33 U.S.C. 467f) the following: 

‘‘SEC. 8A. 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 nonFederal sponsors for rehabilitation of eligible high hazard potential 

dams. 

‘‘(b) ELIGIBLE ACTIVITIES.—A grant awarded under this section 

for a project may be used for— 

‘‘(1) repair; 

‘‘(2) removal; or 

‘‘(3) any other structural or nonstructural measures to 

rehabilitate an eligible high hazard potential dam. 

‘‘(c) AWARD OF GRANTS.— 

‘‘(1) APPLICATION.— 

‘‘(A) IN GENERAL.—A non-Federal sponsor interested 

in receiving a grant under this section may submit to 

the Administrator an application for the grant. 

‘‘(B) REQUIREMENTS.—An application submitted to the 

Administrator under this section shall be submitted at 

such time, be in such form, and contain such information 

as the Administrator may prescribe by regulation. 

‘‘(2) GRANT.— 

‘‘(A) IN GENERAL.—The Administrator may make a 

grant in accordance with this section for rehabilitation 

of an eligible high hazard potential dam to a non-Federal 

sponsor that submits an application for the grant in accordance with the regulations prescribed by the Administrator. 

‘‘(B) PROJECT GRANT AGREEMENT.—The Administrator 

shall enter into a project grant agreement with the non33 USC 467f–2. 


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Federal sponsor to establish the terms of the grant and 

the project, including the amount of the grant. 

‘‘(C) GRANT ASSURANCE.—As part of a project grant 

agreement under subparagraph (B), the Administrator 

shall require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under 

the project, that the owner of the dam has developed and 

will carry out a plan for maintenance of the dam during 

the expected life of the dam. 

‘‘(D) LIMITATION.—A grant provided under this section 

shall not exceed the lesser of— 

‘‘(i) 12.5 percent of the total amount of funds made 

available to carry out this section; or 

‘‘(ii) $7,500,000. 

‘‘(d) REQUIREMENTS.— 

‘‘(1) APPROVAL.—A grant awarded under this section for 

a project shall be approved by the relevant State dam safety 

agency. 

‘‘(2) NON-FEDERAL SPONSOR REQUIREMENTS.—To receive a 

grant under this section, the non-Federal sponsor shall— 

‘‘(A) participate in, and comply with, all applicable 

Federal flood insurance programs; 

‘‘(B) have in place a hazard mitigation plan that— 

‘‘(i) includes all dam risks; and 

‘‘(ii) complies with the Disaster Mitigation Act of 

2000 (Public Law 106–390; 114 Stat. 1552); 

‘‘(C) commit to provide operation and maintenance of 

the project for the 50-year period following completion of 

rehabilitation; 

‘‘(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that 

each owner and operator of a dam under a participating 

State dam safety program and that receives assistance 

under this section— 

‘‘(i) acts in accordance with the State dam safety 

program; and 

‘‘(ii) carries out activities relating to the public 

in the area around the dam in accordance with the 

hazard mitigation plan described in subparagraph (B); 

and 

‘‘(E) comply with section 611(j)(9) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5196(j)(9)) (as in effect on the date of enactment 

of this section) with respect to projects receiving assistance 

under this section in the same manner as recipients are 

required to comply in order to receive financial contributions from the Administrator for emergency preparedness 

purposes. 

‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— 

‘‘(1) IN GENERAL.—As a condition of receipt of assistance 

under this section, the non-Federal sponsor shall demonstrate 

that a floodplain management plan to reduce the impacts of 

future flood events in the area protected by the project— 

‘‘(A) is in place; or 

‘‘(B) will be— 


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‘‘(i) developed not later than 1 year after the date 

of execution of a project agreement for assistance under 

this section; and 

‘‘(ii) implemented not later than 1 year after the 

date of completion of construction of the project. 

‘‘(2) INCLUSIONS.—A plan under paragraph (1) shall 

address— 

‘‘(A) potential measures, practices, and policies to 

reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of 

flooding in the area protected by the project; 

‘‘(B) plans for flood fighting and evacuation; and 

‘‘(C) public education and awareness of flood risks. 

‘‘(3) TECHNICAL SUPPORT.—The Administrator may provide 

technical support for the development and implementation of 

floodplain management plans prepared under this subsection. 

‘‘(f) PRIORITY SYSTEM.—The Administrator, in consultation with 

the Board, shall develop a risk-based priority system for use in 

identifying eligible high hazard potential dams for which grants 

may be made under this section. 

‘‘(g) FUNDING.— 

‘‘(1) COST SHARING.— 

‘‘(A) IN GENERAL.—Any assistance provided under this 

section for a project shall be subject to a non-Federal costsharing requirement of not less than 35 percent. 

‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Federal share 

under subparagraph (A) may be provided in the form of 

in-kind contributions. 

‘‘(2) ALLOCATION OF FUNDS.—The total amount of funds 

made available to carry out this section for each fiscal year 

shall be distributed as follows: 

‘‘(A) EQUAL DISTRIBUTION.—1⁄3 shall be distributed 

equally among the States in which the projects for which 

applications are submitted under subsection (c)(1) are 

located. 

‘‘(B) NEED-BASED.—2⁄3 shall be distributed among the 

States in which the projects for which applications are 

submitted under subsection (c)(1) are located based on the 

proportion that— 

‘‘(i) the number of eligible high hazard potential 

dams in the State; bears to 

‘‘(ii) the number of eligible high hazard potential 

dams in all such States. 

‘‘(h) USE OF FUNDS.—None of the funds provided in the form 

of a grant or otherwise made available under this section shall 

be used— 

‘‘(1) to rehabilitate a Federal dam; 

‘‘(2) to perform routine operation or maintenance of a dam; 

‘‘(3) to modify a dam to produce hydroelectric power; 

‘‘(4) to increase water supply storage capacity; or 

‘‘(5) to make any other modification to a dam that does 

not also improve the safety of the dam. 

‘‘(i) CONTRACTUAL REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), as a condition 

on the receipt of a grant under this section of an amount 

greater than $1,000,000, a non-Federal sponsor that receives 

the grant shall require that each contract and subcontract 


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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. 5007. CHESAPEAKE BAY GRASS SURVEY. 

Section 117(i) of the Federal Water Pollution Control Act (33 

U.S.C. 1267(i)) is amended by adding at the end the following: 

‘‘(3) ANNUAL SURVEY.—The Administrator shall carry out 

an annual survey of sea grasses in the Chesapeake Bay.’’. 

SEC. 5008. WATER INFRASTRUCTURE FINANCE AND INNOVATION. 

(a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 5023(b)(2) of 

the Water Infrastructure Finance and Innovation Act of 2014 (33 

U.S.C. 3902(b)(2)) is amended by striking ‘‘carry out’’ and inserting 

‘‘provide financial assistance to carry out’’. 

(b) PROJECTS ELIGIBLE FOR ASSISTANCE.— 

(1) IN GENERAL.—Section 5026 of the Water Infrastructure 

Finance and Innovation Act of 2014 (33 U.S.C. 3905) is 

amended— 

(A) in paragraph (6)— 

(i) by striking ‘‘desalination project’’ and inserting 

‘‘desalination project, including chloride control’’; and 

(ii) by striking ‘‘or a water recycling project’’ and 

inserting ‘‘a water recycling project, or a project to 

provide alternative water supplies to reduce aquifer 

depletion’’; 

(B) by redesignating paragraphs (7), (8), and (9) as 

paragraphs (8), (9), and (10), respectively; 

(C) by inserting after paragraph (6) the following: 

33 USC 467f–2 

note. 


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‘‘(7) A project to prevent, reduce, or mitigate the effects 

of drought, including projects that enhance the resilience of 

drought-stricken watersheds.’’; and 

(D) in paragraph (10) (as redesignated by subparagraph (B)), by striking ‘‘or (7)’’ and inserting ‘‘(7), or (8)’’. 

(2) CONFORMING AMENDMENTS.— (A) Section 5023(b) of the Water Infrastructure Finance 

and Innovation Act of 2014 (33 U.S.C. 3902(b)) is 

amended— 

(i) in paragraph (2) by striking ‘‘and (8)’’ and 

inserting ‘‘(7), and (9)’’; and 

(ii) in paragraph (3) by striking ‘‘paragraph (7) 

or (9)’’ and inserting ‘‘paragraph (8) or (10)’’. 

(B) Section 5024(b) of the Water Infrastructure Finance 

and Innovation Act of 2014 (33 U.S.C. 3903(b)) is amended 

by striking ‘‘paragraph (8) or (9)’’ and inserting ‘‘paragraph 

(9) or (10)’’. 

(C) Section 5027(3) of the Water Infrastructure Finance 

and Innovation Act of 2014 (33 U.S.C. 3906(3)) is amended 

by striking ‘‘section 5026(7)’’ and inserting ‘‘section 

5026(8)’’. 

(D) Section 5028 of the Water Infrastructure Finance 

and Innovation Act of 2014 (33 U.S.C. 3907) is amended— 

(i) in subsection (a)(1)(E)— 

(I) by striking ‘‘section 5026(9)’’ and inserting 

‘‘section 5026(10)’’; and 

(II) by striking ‘‘section 5026(8)’’ and inserting 

‘‘section 5026(9)’’; and 

(ii) in subsection (b)(3) by striking ‘‘section 5026(8)’’ 

and inserting ‘‘section 5026(9)’’. 

(c) TERMS AND CONDITIONS.—Section 5029(b) of the Water 

Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 

3908(b)) is amended— 

(1) in paragraph (7)— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Secretary’’; and 

(B) by adding at the end the following: 

‘‘(B) FINANCING FEES.—On request of an eligible entity, 

the Secretary or the Administrator, as applicable, shall 

allow the fees under subparagraph (A) to be financed as 

part of the loan.’’; and 

(2) by adding at the end the following: 

‘‘(10) CREDIT.—Any eligible project costs incurred and the 

value of any integral in-kind contributions made before receipt 

of assistance under this subtitle shall be credited toward the 

51 percent of project costs to be provided by sources of funding 

other than a secured loan under this subtitle (as described 

in paragraph (2)(A)).’’. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) appropriations made available to carry out the Water 

Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 

3901 et seq.) should be in addition to robust funding for the 

State water pollution control revolving funds established under 

title VI of the Federal Water Pollution Control Act (33 U.S.C. 

1381 et seq.) and State drinking water treatment revolving 


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loan funds established under section 1452 of the Safe Drinking 

Water Act (42 U.S.C. 300j–12); and 

(2) the appropriations made available for the funds referred 

to in paragraph (1) should not decrease for any fiscal year. 

SEC. 5009. REPORT ON GROUNDWATER CONTAMINATION. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, and annually thereafter for the next 4 

years, the Secretary of the Navy shall submit a report to Congress 

on the groundwater contamination from the site that includes— 

(1) a description of the status of the groundwater contaminants that are leaving the site and migrating to a location 

within a 10-mile radius of the site, including— 

(A) detailed mapping of the movement of the plume 

over time; and 

(B) projected migration rates of the plume; 

(2) an analysis of the current and future impact of the 

movement of the plume on drinking water facilities; and 

(3) a comprehensive strategy to prevent the groundwater 

contaminants from the site from contaminating drinking water 

wells that, as of the date of the submission of the report, 

have not been affected by the migration of the plume. 

(b) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) COMPREHENSIVE STRATEGY.—The term ‘‘comprehensive 

strategy’’ means a plan for— 

(A) the remediation of the plume under the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9601 et seq.); or 

(B) corrective action under the Solid Waste Disposal 

Act (42 U.S.C. 6901 et seq.). 

(2) GROUNDWATER.—The term ‘‘groundwater’’ means water 

in a saturated zone or stratum beneath the surface of land 

or water. 

(3) PLUME.—The term ‘‘plume’’ means any hazardous waste 

(as defined in section 1004 of the Solid Waste Disposal Act 

(42 U.S.C. 6903)) or hazardous substance (as defined in section 

101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) found in 

the groundwater supply. 

(4) SITE.—The term ‘‘site’’ means the site located at 830 

South Oyster Bay Road, Bethpage, New York, 11714 (Environmental Protection Agency identification number 

NYD002047967). 

SEC. 5010. COLUMBIA RIVER BASIN RESTORATION. 

Title I of the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.) is amended by adding at the end the following: 

‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORATION. 

‘‘(a) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) COLUMBIA RIVER BASIN.—The term ‘Columbia River 

Basin’ means the entire United States portion of the Columbia 

River watershed. 

‘‘(2) ESTUARY PARTNERSHIP.—The term ‘Estuary Partnership’ means the Lower Columbia Estuary Partnership, an entity 

33 USC 1275. 


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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.— 


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‘‘(1) ESTABLISHMENT.—The Administrator shall establish 

a Columbia River Basin Restoration Working Group (referred 

to in this subsection as the ‘Working Group’). 

‘‘(2) MEMBERSHIP.— ‘‘(A) IN GENERAL.—Membership in the Working Group 

shall be on a voluntary basis and any person invited by 

the Administrator under this subsection may decline membership. 

‘‘(B) INVITED REPRESENTATIVES.—The Administrator 

shall invite, at a minimum, representatives of— 

‘‘(i) each State located in whole or in part in the 

Columbia River Basin; 

‘‘(ii) the Governors of each State located in whole 

or in part in the Columbia River Basin; 

‘‘(iii) each federally recognized Indian tribe in the 

Columbia River Basin; 

‘‘(iv) local governments in the Columbia River 

Basin; 

‘‘(v) industries operating in the Columbia River 

Basin that affect or could affect water quality; 

‘‘(vi) electric, water, and wastewater utilities operating in the Columba River Basin; 

‘‘(vii) private landowners in the Columbia River 

Basin; 

‘‘(viii) soil and water conservation districts in the 

Columbia River Basin; 

‘‘(ix) nongovernmental organizations that have a 

presence in the Columbia River Basin; 

‘‘(x) the general public in the Columbia River 

Basin; and 

‘‘(xi) the Estuary Partnership. 

‘‘(3) GEOGRAPHIC REPRESENTATION.—The Working Group 

shall include representatives from— 

‘‘(A) each State located in whole or in part in the 

Columbia River Basin; and 

‘‘(B) each of the lower, middle, and upper basins of 

the Columbia River. 

‘‘(4) DUTIES AND RESPONSIBILITIES.—The Working Group 

shall— 

‘‘(A) recommend and prioritize projects and actions; 

and 

‘‘(B) review the progress and effectiveness of projects 

and actions implemented. 

‘‘(5) LOWER COLUMBIA RIVER ESTUARY.— 

‘‘(A) ESTUARY PARTNERSHIP.—The Estuary Partnership 

shall perform the duties and fulfill the responsibilities of 

the Working Group described in paragraph (4) as those 

duties and responsibilities relate to the Lower Columbia 

River Estuary for such time as the Estuary Partnership 

is the management conference for the Lower Columbia 

River National Estuary Program under section 320. 

‘‘(B) DESIGNATION.—If the Estuary Partnership ceases 

to be the management conference for the Lower Columbia 

River National Estuary Program under section 320, the 

Administrator may designate the new management conference to assume the duties and responsibilities of the 

Working Group described in paragraph (4) as those duties 


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and responsibilities relate to the Lower Columbia River 

Estuary. 

‘‘(C) INCORPORATION.—If the Estuary Partnership is 

removed from the National Estuary Program, the duties 

and responsibilities for the lower 146 miles of the Columbia 

River pursuant to this section shall be incorporated into 

the duties of the Working Group. 

‘‘(d) GRANTS.— 

‘‘(1) IN GENERAL.—The Administrator shall establish a voluntary, competitive Columbia River Basin program to provide 

grants to State governments, tribal governments, regional 

water pollution control agencies and entities, local government 

entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under 

this section for the purpose of environmental protection and 

restoration activities throughout the Columbia River Basin. 

‘‘(2) FEDERAL SHARE.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Federal share of the cost of any project or activity 

carried out using funds from a grant provided to any person 

(including a State, tribal, or local government or interstate 

or regional agency) under this subsection for a fiscal year— 

‘‘(i) shall not exceed 75 percent of the total cost 

of the project or activity; and 

‘‘(ii) shall be made on condition that the non-Federal share of such total cost shall be provided from 

non-Federal sources. 

‘‘(B) EXCEPTIONS.—With respect to cost-sharing for a 

grant provided under this subsection— 

‘‘(i) a tribal government may use Federal funds 

for the non-Federal share; and 

‘‘(ii) the Administrator may increase the Federal 

share under such circumstances as the Administrator 

determines to be appropriate. 

‘‘(3) ALLOCATION.—In making grants using funds appropriated to carry out this section, the Administrator shall— 

‘‘(A) provide not less than 25 percent of the funds 

to make grants for projects, programs, and studies in the 

Lower Columbia River Estuary; 

‘‘(B) provide not less than 25 percent of the funds 

to make grants for projects, programs, and studies in the 

Middle and Upper Columbia River Basin, including the 

Snake River Basin; and 

‘‘(C) retain not more than 5 percent of the funds for 

the Environmental Protection Agency for purposes of implementing this section. 

‘‘(4) REPORTING.— 

‘‘(A) IN GENERAL.—Each grant recipient under this subsection shall submit to the Administrator reports on 

progress being made in achieving the purposes of this 

section. 

‘‘(B) REQUIREMENTS.—The Administrator shall establish requirements and timelines for recipients of grants 

under this subsection to report on progress made in 

achieving the purposes of this section. 

‘‘(5) RELATIONSHIP TO OTHER FUNDING.— 


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‘‘(A) IN GENERAL.—Nothing in this subsection limits 

the eligibility of the Estuary Partnership to receive funding 

under section 320(g). 

‘‘(B) LIMITATION.—None of the funds made available 

under this subsection may be used for the administration 

of a management conference under section 320. 

‘‘(e) ANNUAL BUDGET PLAN.—The President, as part of the 

annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information 

regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including an interagency crosscut 

budget that displays for each Federal agency— 

‘‘(1) the amounts obligated for the preceding fiscal year 

for protection and restoration projects, programs, and studies 

relating to the Columbia River Basin; 

‘‘(2) the estimated budget for the current fiscal year for 

protection and restoration projects, programs, and studies 

relating to the Columbia River Basin; and 

‘‘(3) the proposed budget for protection and restoration 

projects, programs, and studies relating to the Columbia River 

Basin.’’. 

SEC. 5011. REGULATION OF ABOVEGROUND STORAGE AT FARMS. 

Section 1049(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note; Public Law 113–121) is 

amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; 

(2) by striking the subsection designation and heading and 

all that follows through ‘‘subsection (b),’’ and inserting the 

following: 

‘‘(c) REGULATION OF ABOVEGROUND STORAGE AT FARMS.— 

‘‘(1) CALCULATION OF AGGREGATE ABOVEGROUND STORAGE

CAPACITY.—For purposes of subsection (b),’’; and 

(3) by adding at the end the following: 

‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of title 40, Code 

of Federal Regulations (or successor regulations), shall not 

apply to the following containers located at a farm: 

‘‘(A) Containers on a separate parcel that have— 

‘‘(i) an individual capacity of not greater than 1,000 

gallons; and 

‘‘(ii) an aggregate capacity of not greater than 

2,500 gallons. 

‘‘(B) A container holding animal feed ingredients 

approved for use in livestock feed by the Food and Drug 

Administration.’’. 

SEC. 5012. IRRIGATION DISTRICTS. 

Section 603(i)(1) of the Federal Water Pollution Control Act 

(33 U.S.C. 1383) is amended— 

(1) in the matter preceding subparagraph (A) by striking 

‘‘to a municipality or intermunicipal, interstate, or State 

agency’’ and inserting ‘‘to an eligible recipient’’; and 

(2) in subparagraph (A), in the matter preceding clause 

(i), by inserting ‘‘in assistance to a municipality or intermunicipal, interstate, or State agency’’ before ‘‘to benefit’’. 


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SEC. 5013. ESTUARY RESTORATION. 

(a) PARTICIPATION OF NON-FEDERAL INTERESTS.—Section 104(f) 

of the Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is 

amended by adding at the end the following: 

‘‘(3) PROJECT AGREEMENTS.—For a project carried out under 

this title, the requirements of section 103(j)(1) of the Water 

Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may 

be fulfilled by a nongovernmental organization serving as the 

non-Federal interest for the project pursuant to paragraph (2).’’. 

(b) EXTENSION.—Section 109(a) of the Estuary Restoration Act 

of 2000 (33 U.S.C. 2908(a)) is amended by striking ‘‘2012’’ each 

place it appears and inserting ‘‘2021’’. 

SEC. 5014. ENVIRONMENTAL BANKS. 

The Coastal Wetlands Planning, Protection and Restoration 

Act (Public Law 101–646; 16 U.S.C. 3951 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 309. ENVIRONMENTAL BANKS. 

‘‘(a) GUIDELINES.—Not later than 1 year after the date of enactment of the Water Resources Development Act of 2016, the Task 

Force shall, after public notice and opportunity for comment, issue 

guidelines for the use, maintenance, and oversight of environmental 

banks in Louisiana. 

‘‘(b) REQUIREMENTS.—The guidelines issued pursuant to subsection (a) shall— 

‘‘(1) set forth procedures for establishment and approval 

of environmental banks subject to the approval of the heads 

of the appropriate Federal agencies responsible for implementation of Federal environmental laws for which mitigation credits 

may be used; 

‘‘(2) establish criteria for siting of environmental banks 

that enhance the resilience of coastal resources to inundation 

and coastal erosion in high priority areas, as identified within 

Federal or State restoration plans, including the restoration 

of resources within the scope of a project authorized for 

construction; 

‘‘(3) establish criteria that ensure environmental banks 

secure adequate financial assurances and legally enforceable 

protection for the land or resources that generate the credits 

from environmental banks; 

‘‘(4) stipulate that credits from environmental banks may 

not be used for mitigation of impacts required under section 

404 of the Federal Water Pollution Control Act (33 U.S.C. 

1342) or the Endangered Species Act (16 U.S.C. 1531 et seq.) 

in an area where an existing mitigation bank approved pursuant to such laws within 5 years of enactment of the Water 

Resources Development Act of 2016 has credits available; 

‘‘(5) establish performance criteria for environmental banks; 

and 

‘‘(6) establish criteria and financial assurance for the operation and monitoring of environmental banks. 

‘‘(c) ENVIRONMENTAL BANK.— 

‘‘(1) DEFINITION OF ENVIRONMENTAL BANK.—In this section, 

the term ‘environmental bank’ means a project, project increment, or projects for purposes of restoring, creating, or 

16 USC 3957. 


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130 STAT. 1904 PUBLIC LAW 114–322—DEC. 16, 2016 

LEGISLATIVE HISTORY—S. 612: 

CONGRESSIONAL RECORD: 

Vol. 161 (2015): May 21, considered and passed Senate. 

Vol. 162 (2016): Dec. 8, considered and passed House, amended. Senate 

considered concurring in House amendment. 

Dec. 9, Senate concurred in House amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 

Dec. 16, Presidential statement. 

Æ 

enhancing natural resources at a designated site to establish 

mitigation credits. 

‘‘(2) CREDITS.—Mitigation credits created from environmental banks approved pursuant to this section may be used 

to satisfy existing liability under Federal environmental laws. 

‘‘(d) SAVINGS CLAUSE.— ‘‘(1) APPLICATION OF FEDERAL LAW.—Guidelines developed 

under this section and mitigation carried out through an 

environmental bank established pursuant to such guidelines 

shall comply with all applicable requirements of Federal law 

(including regulations), including— 

‘‘(A) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); 

‘‘(B) the Endangered Species Act (16 U.S.C. 1531 et 

seq.); 

‘‘(C) the Oil Pollution Act of 1990 (33 U.S.C. 2701 

et seq.); 

‘‘(D) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

‘‘(E) section 906 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2283). 

‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this section 

may be construed to affect— 

‘‘(A) any authority, regulatory determination, or legal 

obligation in effect the day before the date of enactment 

of the Water Resources Development Act of 2016; or 

‘‘(B) the obligations or requirements of any Federal 

environmental law. 

‘‘(e) SUNSET.—No new environmental bank may be created or 

approved pursuant to this section after the date that is 10 years 

after the date of enactment of this section.’’. 

Approved December 16, 2016. 


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