II 

115TH CONGRESS 

1ST SESSION S. 1289 

To amend the Federal Water Pollution Control Act to exempt Indian tribes 

from compensatory mitigation requirements in connection with certain 

discharges of dredged or fill material, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. SULLIVAN (for himself and Ms. MURKOWSKI) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of 

dredged or fill material, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXEMPTION FROM COMPENSATORY MITIGA4 TION REQUIREMENTS. 

5 (a) IN GENERAL.—Section 404 of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1344) is amended by 

7 adding at the end the following: 

8 ‘‘(u) INDIAN TRIBES.— 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) INDIAN LAND.—The term ‘Indian 

3 land’ means land owned by, operated by, or oth4 erwise belonging to an Indian tribe. 

5 ‘‘(B) INDIAN TRIBE.—The term ‘Indian 

6 tribe’ has the meaning given the term in section 

7 4 of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 5304). 

9 ‘‘(C) PERMITTED ACTIVITY.—The term 

10 ‘permitted activity’ means a discharge of 

11 dredged or fill material for which a permit is 

12 issued under this section. 

13 ‘‘(2) EXEMPTION FROM COMPENSATORY MITI14 GATION REQUIREMENTS.—Notwithstanding any 

15 other provision of law, an Indian tribe that applies 

16 for a permit for a permitted activity to be conducted 

17 on Indian land shall not be required to provide any 

18 form of compensatory mitigation as a condition of 

19 the permit. 

20 ‘‘(3) EVALUATION OF INDIAN TRIBE PERMIT

21 APPLICATION.—In evaluating a permit application 

22 submitted by an Indian tribe to carry out a per23 mitted activity on Indian land, the Secretary may 

24 not take into account the nonavailability of compenVerDate Sep 11 2014 00:43 Jun 08, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1289.IS S1289

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1 satory mitigation under the exemption provided by 

2 paragraph (2). 

3 ‘‘(4) SITUATIONS IN WHICH AN INDIAN TRIBE

4 CEASES TO MAINTAIN PERMITTED ACTIVITY.—If an 

5 Indian tribe described in paragraph (2) ceases to 

6 maintain the permitted activity on Indian land or 

7 seeks to abandon the permitted activity without a 

8 good faith transfer, the Indian tribe shall obtain a 

9 permit modification from the Secretary, which may 

10 require restoration and rehabilitation of the area. 

11 ‘‘(5) EFFECT.—The exemption described in 

12 paragraph (2) shall not affect the applicability of 

13 any other requirement under this Act to an Indian 

14 tribe or Indian land, including any requirement to 

15 avoid and minimize adverse impacts to wetlands, 

16 streams, and other aquatic resources.’’. 

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall apply to permits issued under section 404 

19 of the Federal Water Pollution Control Act (33 U.S.C. 

20 1344) after the date of enactment of this Act. 

Æ 


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