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[House Report 114-794]
[From the U.S. Government Publishing Office]

114th Congress    }                                         {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                         {   114-794

======================================================================

 
PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5303) 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; PROVIDING FOR CONSIDERATION OF THE 
 BILL (H.R. 6094) TO PROVIDE FOR A 6-MONTH DELAY IN THE EFFECTIVE DATE 
OF A RULE OF THE DEPARTMENT OF LABOR RELATING TO INCOME THRESHOLDS FOR 
 DETERMINING OVERTIME PAY FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, 
 OUTSIDE SALES, AND COMPUTER EMPLOYEES; AND PROVIDING FOR PROCEEDINGS 
  DURING THE PERIOD FROM SEPTEMBER 29, 2016, THROUGH NOVEMBER 11, 2016

                                _______
                                

 September 27, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Woodall, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 897]

    The Committee on Rules, having had under consideration 
House Resolution 897, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for further consideration of H.R. 
5303, the Water Resources Development Act of 2016, under a 
structured rule. The resolution provides for no further general 
debate. The resolution makes in order only those further 
amendments printed in this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 6094, the Regulatory Relief for Small Businesses, Schools, 
and Nonprofits Act, under a closed rule. The resolution 
provides one hour of debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Education and the Workforce. The resolution waives all points 
of order against consideration of the bill. The resolution 
provides that the bill shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill. The resolution provides one motion to recommit.
    Section 3 of the resolution provides that on any 
legislative day during the period from September 29, 2016, 
through November 11, 2016: the Journal of the proceedings of 
the previous day shall be considered as approved; and the Chair 
may at any time declare the House adjourned to meet at a date 
and time to be announced by the Chair in declaring the 
adjournment.
    Section 4 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 3.
    Section 5 of the resolution provides that each day during 
the period addressed by section 3 of the resolution shall not 
constitute calendar days for the purposes of section 7 of the 
War Powers Resolution (50 U.S.C. 1546).
    Section 6 of the resolution provides that each day during 
the period addressed by section 3 of the resolution shall not 
constitute a legislative day for purposes of clause 7 of rule 
XIII (resolutions of inquiry).
    Section 7 of the resolution provides that for each day 
during the period addressed by section 3 shall not constitute a 
calendar or legislative day for purposes of clause 7(c)(1) of 
rule XXII (motions to instruct conferees).

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
the amendments to H.R. 5303 printed in this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 6094, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 6094, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

          SUMMARY OF THE AMENDMENTS TO H.R. 5303 MADE IN ORDER

    1. Byrne (AL): Directs the Secretary to coordinate with all 
Gulf States on developing an oyster bed recovery assessment for 
beds that were damaged due to Hurricane Katrina, Deepwater 
Horizon and recent floods, adopting a modified version of the 
Senate passed text. (10 minutes)
    2. Crawford (AR): Clarifies the Water Infrastructure 
Finance and Innovation Act (WIFIA) to make eligible alternative 
water delivery projects aimed at reducing aquifer depletion and 
makes a technical modification that ensures WIFIA financing 
arrangements take into account the total cost of the project. 
(10 minutes)
    3. Culberson (TX), Green, Al (TX): Directs the Secretary to 
expedite the Brays Bayou flood mitigation project authorized by 
item 6 in section 211(f) of the Water Resources Development Act 
of 1996. (10 minutes)
    4. Farenthold (TX): Provides that no new start or new 
investment decision shall be required to initiate work on a 
separable element of an authorized project when contraction of 
one or more separable elements of that project was initiated 
previously; it shall be considered ongoing work and it should 
be considered continuation of the fully authorized project. (10 
minutes)
    5. Johnson, Sam (TX), Sessions (TX), Ratcliffe (TX), 
Johnson, Eddie Bernice (TX): Requires the EPA and Army Corps of 
Engineers to issue the final federal permit for the Lower Bois 
d'Arc Creek Reservoir Project no later than September 30, 2017. 
(10 minutes)
    6. Ribble (WI), Nolan (MN), Esty (CT): Provides that in 
carrying out the design, construction, maintenance, repair, and 
rehabilitation of water resources development projects, 
including flood risk reduction, coastal resiliency, and 
ecosystem restoration projects, the Secretary shall ensure that 
appropriate consideration is given to the use of natural and 
nature-based features. (10 minutes)
    7. Rogers, Harold (KY): Clarifies that requirements imposed 
on floating cabins used in the Cumberland River Basin cannot be 
different or more stringent than the requirements imposed on 
all recreational vessels authorized for use in the Basin. (10 
minutes)
    8. Rouzer (NC): Directs the Army Corps of Engineers to work 
with state officials to establish a no wake zone in federal 
navigation channels when certain criteria are met. (10 minutes)
    9. Meng (NY), Stefanik (NY): Allows the Army Corps of 
Engineers to pursue projects and technologies that prevent and 
mitigate flood damages associated with ice jams (chunks of ice 
floating on a river that catch on an obstruction such as a 
bridge piling, rocks logs, etc., pile up to form an ice dam, 
and cause flooding upstream from the blockage, and then 
possibly downstream again when the ice finally releases). (10 
minutes)
    10. Moore, Gwen (WI): Calls for the Army Corps to conduct a 
review of its tribal consultation policies and regulations. 
Provides that the Army Corps shall provide for public meetings 
with Indian tribes and other stakeholders and provide a report 
to Congress on the results of the 3 review. (10 minutes)
    11. Peters, Scott (CA): Directs the Secretary to 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 response 
to flood and earthquake events; pre-disaster mitigation 
measures; lengthening the useful life of the infrastructure; 
and identifying risks due to sea level rise. (10 minutes)
    12. Quigley (IL): Expedites the completion of the project 
for flood control, Chicagoland Underflow Plan, Illinois, phase 
2. (10 minutes)
    13. Vela (TX), Farenthold (TX): Directs the Secretary of 
the Army to release the interests of the United States in 
certain tracts of land located in Cameron County, Texas, and 
for other purposes. (10 minutes)
    14. Huizenga (MI): Makes permanent a set aside of Army 
Corps priority funding for the Great Lakes. (10 minutes)
    15. Joyce (OH): Amends the Clean Water Act to reauthorize 
the Great Lakes Restoration Initiative. (10 minutes)
    16. Bridenstine (OK), Russell (OK): Strengthens language 
requiring a feasibility study of Tulsa and West Tulsa levees. 
Prioritizes the project if study classifies levee or levee 
system Class I or Class II. (10 minutes)
    17. Courtney (CT): Removes a breakwater in Stonington, 
Conn. as a federally authorized project. (10 minutes)
    18. Newhouse (WA), Heck, Denny (WA), Kilmer (WA), Walden 
(OR): Directs the Chief of Engineers to transfer the human 
remains commonly known as the Kennewick Man or the Ancient One 
to the Washington State Department of Archeology and Historic 
Preservation, on the condition that the Department disposes of 
the remains and repatriates the remains to the claimant tribes. 
(10 minutes)
    19. Kildee (MI), Moolenaar (MI): Authorizes the Secretary 
to provide additional assistance under section 219 of the Water 
Resources Development Act of 1992 for certain communities for 
the repair or replacement of public and private infrastructure 
in any State for which the President has declared an emergency 
under the Stafford Act as a result of the presence of chemical, 
physical, or biological constituents, including lead or other 
contaminants in the eligible system. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 5303 MADE IN ORDER

1. An Amendment To Be Offered by Representative Byrne of Alabama or His 
                   Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. GULF COAST OYSTER BED RECOVERY ASSESSMENT.

  (a) Definitions.--In this section:
          (1) Gulf states.--The term ``Gulf States'' means each 
        of the States of Alabama, Florida, Louisiana, 
        Mississippi, and Texas.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Army, acting through the Chief of 
        Engineers.
  (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 
coast of 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).
                              ----------                              

2. An Amendment To Be Offered by Representative Crawford of Arkansas or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

  (a) Projects Eligible for Assistance.--Section 5026(6) of the 
Water Infrastructure Finance and Innovation Act of 2014 (33 
U.S.C. 3905(6)) is amended by striking ``or a water recycling 
project'' and inserting ``a water recycling project, or a 
project of the Corps of Engineers to provide alternative water 
supplies to reduce aquifer depletion''.
  (b) Credit.--Section 5029(b) of the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 3908(b)) is 
amended by adding at the end the following:
          ``(10) Credit.--With respect to a project of the 
        Corps of Engineers to provide alternative water 
        supplies to reduce aquifer depletion, 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)).''.
                              ----------                              

 3. An Amendment To Be Offered by Representative Culberson of Texas or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. 1__. FLOOD MITIGATION AND RIERINE RESTORATION PROGRAM.

  The Secretary shall expedite carrying out the project for 
flood risk management, Brays Bayou, Texas, authorized by item 6 
in section 211(f) of the Water Resources Development Act of 
1996 (Public Law 104-303).
                              ----------                              

4. An Amendment To Be Offered by Representative Farenthold of Texas or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. 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.
                              ----------                              

5. An Amendment To Be Offered by Representative Johnson of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. 153. LOWER BOIS D'ARC CREEK RESERVOIR PROJECT, FANNIN COUNTY, 
                    TEXAS.

  (a) Finalization Required.--Not later than September 30, 
2017, the Secretary shall finalize all permit decisions and 
publish all decision documents 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.
  (b) Interim Report.--Not later than June 30, 2017, the 
Secretary shall report to Congress on the status of the permit 
decisions and related documents described in subsection (a) and 
whether or not the Secretary anticipates being able to meet the 
deadline established in such subsection, including, if 
applicable, a justification of why the Secretary may fail to 
meet such deadline.
                              ----------                              

6. An Amendment To Be Offered by Representative Ribble of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. 1__. CONSIDERATION OF USE OF NATURAL AND NATURE-BASED FEATURE.

   In carrying out the design, construction, maintenance, 
repair, and rehabilitation of development projects, including 
flood risk reduction, coastal resiliency, and ecosystem 
restoration projects, the Secretary shall ensure that 
appropriate consideration is given to the use of natural and 
nature-based features.
                              ----------                              

 7. An Amendment To Be Offered by Representative Rogers of Kentucky or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. RECREATIONAL ACCESS.

  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.''.
                              ----------                              

    8. An Amendment To Be Offered by Representative Rouzer of North 
           Carolina or His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. NO WAKE ZONES FOR VESSELS.

  (a) In General.--The Secretary shall work with State and 
local officials to establish a no wake zone for vessels in a 
covered navigation channel if--
          (1) State or local law enforcement officers have 
        documented that there exist safety hazards that are a 
        direct result of excessive wakes in the channel;
          (2) a State law has been enacted to establish a no 
        wake zone for the channel or waters adjacent to the 
        channel; and
          (3) the no wake zone complies with any recommendation 
        made by the Commandant of the Coast Guard to ensure the 
        safety of vessels operating in the zone and the safety 
        of the passengers and crew aboard such vessels.
  (b) Exception.--A no wake zone established pursuant to this 
section shall not apply to the operation of a towing vessel, as 
defined in section 2101 of title 46, United States Code.
  (c) Covered Navigation Channel.--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.
                              ----------                              

9. An Amendment To Be Offered by Representative Meng of New York or Her 
                   Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. ___. 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.
                              ----------                              

10. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. ___. TRIBAL CONSULTATION.

  (a) Review.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall begin a review of 
the policies, regulations, and guidance related to conducting 
meaningful consultation with Indian tribes regarding Corps of 
Engineers flood control, environmental restoration, and other 
projects or requiring the Corps of Engineers to approve a 
permit that may have an impact on tribal cultural or natural 
resources.
  (b) Contents.--The review required under subsection (a) shall 
examine and assess the following:
          (1) How tribal consultation rules apply to the 
        permitting process, especially for projects not on 
        tribal lands but which may still be continguous to such 
        lands or affect tribal cultural and natural resources.
          (2) How the Corps of Engineers defines meaningful 
        consultation.
          (3) Whether the current process adequately considers 
        tribal interests including environmental, social, 
        health and well-being of tribal members.
          (4) How the Corps of Engineers informs tribes that it 
        will not consider concerns or alternatives raised 
        during the consultation process.
          (5) How the Corps of Engineers determines a project's 
        impact on tribal communities including the Corps 
        ability to protect cultural and natural resources such 
        as water.
          (6) The specific situations by which tribes have 
        access to high level Corps of Engineers officials such 
        as the Assistant Secretary of the Army (Civil Works) 
        and the Chief of Engineers to dispute or otherwise 
        direct concerns about pending Corps of Engineers 
        projects or permits, including examples of instances in 
        which the Corps of Engineers provided such access as 
        part of its consultation with a tribe regarding a 
        particular project.
          (7) The role of headquarters in overseeing tribal 
        consultation being done at the District and Division 
        levels.
          (8) The effectiveness of the dispute resolution 
        process that has been developed to elevate tribal 
        concerns to higher levels of Corps of Engineers 
        oversight and review.
          (9) Whether the Corps should undertake a rulemaking 
        process related to its tribal consultation policies and 
        procedures.
  (c) Consultation.--In completing the review required under 
subsection (a), the Secretary shall provide for public and 
private meetings with Indian tribes and other stakeholders.
  (d) Report.--Not later than 1 year after beginning the review 
under subsection (a), the Secretary shall submit to Congress, 
and publish in the Federal Register, a report on--
          (1) the results of the review;
          (2) any proposed changes to the tribal consultation 
        policies determined necessary as a result of the 
        review; and
          (3) if the Secretary determines that no changes to 
        the tribal consultation policies are necessary, the 
        justification for such determination.
                              ----------                              

 11. An Amendment To Be Offered by Representative Peters of California 
               or His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. ___. STRUCTURAL HEALTH MONITORING.

  (a) In General.--The Secretary shall design and develop a 
structural health monitoring program to assess and improve the 
condition of infrastructure constructed and maintained by the 
Corps of Engineers, including research, design, and development 
of systems and frameworks for--
          (1) response to flood and earthquake events;
          (2) pre-disaster mitigation measures;
          (3) lengthening the useful life of the 
        infrastructure; and
          (4) identifying risks due to sea level rise.
  (b) Consultation and Consideration.--In developing the 
program under subsection (a), the Secretary shall--
          (1) consult with academic and other experts; and
          (2) consider models for maintenance and repair 
        information, the development of degradation models for 
        real-time measurements and environmental inputs, and 
        research on qualitative inspection data as surrogate 
        sensors.
                              ----------                              

12. An Amendment To Be Offered by Representative Quigley of Illinois or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. EXPEDITED COMPLETION OF AUTHORIZED PROJECT FOR FLOOD CONTROL.

  The Secretary shall expedite the completion of the project 
for flood control, Chicagoland Underflow Plan, Illinois, phase 
2, as authorized by section 3(a)(5) of the Water Resources 
Development Act of 1988 (Public Law 100-676; 102 Stat. 4013) 
and modified by section 319 of the Water Resources Development 
Act of 1996 (Public Law 104-303; 110 Stat. 3715) and section 
501 of the Water Resources Development Act of 1999 (Public Law 
106-53; 113 Stat. 334).
                              ----------                              

 13. An Amendment To Be Offered by Representative Vela of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. 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 
(e).
  (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 approximately 1,277.80 acres 
        as conveyed by the Brownsville Navigation District of 
        Cameron County, Texas, to the United States 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 the approximately 
        347.40 acres.
          (2) Tract No. 2: Being approximately 842.28 acres as 
        condemned by the United States 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 158.14 
        acres comprised of an approximately 500 ft. wide strip 
        centered on the centerline of the Brownsville Ship 
        Channel.
          (3) Tract No. 3: Being approximately 362.00 acres as 
        conveyed by the Manufacturing and Distributing 
        University to the United States by instrument dated 
        March 3, 1936, and recorded at volume ``R'', page 123, 
        in the Miscellaneous Deed Records of Cameron County, 
        Texas, to be released and abandoned in its entirety.
          (4) Tract No. 5: Being approximately 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 the 
        ``Third Tract''), to be partially released as to the 
        land portion of the tract.
          (5) Tract No. 9: Being approximately 552.82 acres as 
        condemned by the United States 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 88.04 acres 
        comprised of an approximately 450 ft. wide strip along 
        the new centerline of the Brownsville Ship Channel.
          (6) Tract No. 10: Being approximately 325.02 acres as 
        condemned by the United States 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 61.58 acres 
        comprised of an approximately 500 ft. wide strip 
        centered on the new centerline of the Brownsville Ship 
        Channel.
          (7) Tract No. 11: Being approximately 8.85 acres as 
        conveyed by the Brownsville Navigation District of 
        Cameron County, Texas, to the United States 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 a narrow area along the channel.
                              ----------                              

 14. An Amendment To Be Offered by Representative Huizenga of Michigan 
               or His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. 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''.
                              ----------                              

 15. An Amendment To Be Offered by Representative Joyce of Ohio or His 
                   Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. ___. 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;
                          ``(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 inter-
                                organizational 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.'';
                  (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.
                          ``(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 House 
                        Committee on Transportation and 
                        Infrastructure and the Senate Committee 
                        on Environment and Public Works 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, multi-year 
                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.''.
                              ----------                              

    16. An Amendment To Be Offered by Representative Bridenstine of 
           Oklahoma or His Designee, Debatable for 10 Minutes

  Page 72, strike lines 19 through 21.
  At the end of title II, add the following:

SEC. 2__. TULSA AND WEST TULSA, ARKANSAS RIVER, OKLAHOMA.

          (1) In general.--The Secretary shall conduct a study 
        to determine the feasibility of modifying the projects 
        for flood risk management, Tulsa and West Tulsa, 
        Oklahoma, authorized by section 3 of the Act of August 
        18, 1941 (55 Stat. 645; chapter 377).
          (2) Requirements.--
                  (A) In general.--In carrying out the study 
                under paragraph (1), the Secretary shall 
                address project deficiencies, uncertainties, 
                and significant data gaps, including material, 
                construction, and subsurface, which render the 
                project at risk of overtopping, breaching, or 
                system failure.
                  (B) Addressing deficiencies.--In addressing 
                deficiencies under subparagraph (A), the 
                Secretary shall incorporate current design 
                standards and efficiency improvements, 
                including the replacement of mechanical and 
                electrical components at pumping stations, if 
                the incorporation does not significantly change 
                the scope, function, or purpose of the project.
          (3) Prioritization to address significant risks.--In 
        any case in which a levee or levee system (as defined 
        in section 9002 of the Water Resources Reform and 
        Development Act of 2007 (33 U.S.C. 3301)) is classified 
        as a Class I or II under the levee safety action 
        classification tool developed by the Corps of 
        Engineers, the Secretary shall expedite the project for 
        budget consideration.
                              ----------                              

     17. An Amendment To Be Offered by Representative Courtney of 
         Connecticut or His Designee, Debatable for 10 Minutes

  At the end of title III, add the following:

SEC. ___. STONINGTON HARBOR, CONNECTICUT.

  The portion of the project for navigation, Stonington Harbor, 
Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 
288; chapter 73) that consists of the inner stone breakwater 
that begins at coordinates N. 682,146.42, E. 1231,378.69, 
running north 83.587 degrees west 166.79' to a point N. 
682,165.05, E. 1,231,212.94, running north 69.209 degrees west 
380.89' to a point N. 682,300.25, E. 1,230,856.86, is no longer 
authorized as a Federal project beginning on the date of 
enactment of this Act.
                              ----------                              

18. An Amendment To Be Offered by Representative Newhouse of Washington 
               or His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. __. KENNEWICK MAN.

  (a) Definitions.--In this section:
          (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 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 remains and repatriates the remains to 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 entering 
        into agreement with the Department.
          (2) The claimant tribes are in agreement as to the 
        final burial place of the human remains.
          (3) The claimant tribes are in agreement that the 
        human remains will be buried in the State of 
        Washington.
          (4) The claimant tribes are in agreement that the 
        Department will take 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.
                              ----------                              

19. An Amendment To Be Offered by Representative Kildee of Michigan or 
                 His Designee, Debatable for 10 Minutes

    At the end of title I, add the following:

SEC. 1__. ADDITIONAL ASSISTANCE.

    Section 219 of the Water Resources Development Act of 1992 
(Public Law 102-580; 106 Stat. 4835) is amended by adding at 
the end the following:
    ``(g) Additional Assistance.--Notwithstanding any 
limitation on project purposes identified in subsections (c) or 
(f), or limitation on authorization, the Secretary may provide 
additional assistance under subsection (a), and assistance for 
construction, to any community identified in subsection (c) or 
(f), in any 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.), as a result 
of the presence of chemical, physical, or biological 
constituents, including lead or other contaminants in the 
eligible system, for the repair or replacement of public and 
private infrastructure.
    ``(h) Authorization of Appropriations.--For the purposes 
under paragraph (g), there is authorized to be appropriated 
$170,000,000 to remain available until expended.''
```