I 

114TH CONGRESS 

1ST SESSION H. R. 3270 

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 HOUSE OF REPRESENTATIVES 

JULY 28, 2015 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

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.— 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3270 IH

1 ‘‘(1) EXEMPTION FROM COMPENSATORY MITI2 GATION REQUIREMENTS.—Notwithstanding any 

3 other provision of law, an Indian tribe that applies 

4 for a permit for a permitted activity to be conducted 

5 on Indian land shall not be required to provide any 

6 form of compensatory mitigation as a condition of 

7 the permit. 

8 ‘‘(2) EVALUATION OF INDIAN TRIBE PERMIT

9 APPLICATION.—In evaluating a permit application 

10 submitted by an Indian tribe to carry a permitted 

11 activity to be conducted on Indian land, the Sec12 retary may not take into account the nonavailability 

13 of compensatory mitigation pursuant to the exemp14 tion provided by paragraph (1). 

15 ‘‘(3) SITUATIONS IN WHICH INDIAN TRIBE

16 CEASES TO MAINTAIN PERMITTED ACTIVITY.—If an 

17 Indian tribe described in paragraph (1) ceases to 

18 maintain the permitted activity on Indian land, or 

19 seeks to abandon such an activity without a good 

20 faith transfer, the Indian tribe shall obtain a permit 

21 modification from the Secretary, which may require 

22 restoration and rehabilitation of the area. 

23 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC24 TION.—The exemption from compensatory mitiga25 tion requirements provided by paragraph (1) may 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3270 IH

1 not be construed to affect the applicability of any 

2 other requirement under this Act to an Indian tribe 

3 or Indian land, including requirements to avoid and 

4 minimize adverse impacts to wetlands, streams, and 

5 other aquatic resources. 

6 ‘‘(5) DEFINITIONS.—In this subsection, the fol7 lowing definitions apply: 

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

9 land’ means land owned by, operated by, or oth10 erwise belonging to an Indian tribe. 

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

12 tribe’ means any Indian tribe, band, nation, or 

13 other organized group or community, including 

14 any Alaska Native village or regional or village 

15 corporation as defined in or established pursu16 ant to the Alaska Native Claims Settlement Act 

17 (43 U.S.C. 1601 et seq.), which is recognized as 

18 eligible for the special programs and services 

19 provided by the United States to Indians be20 cause of their status as Indians. 

21 ‘‘(C) PERMITTED ACTIVITY.—The term 

22 ‘permitted activity’ means a discharge of 

23 dredged or fill material for which a permit is 

24 issued under this section.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 3270 IH

1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall apply to permits issued under section 404 

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

4 1344) after the date of enactment of this Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS