In the House of Representatives, U. S., 

December 8, 2016. 

Resolved, That the bill from the Senate (S. 612) entitled 

‘‘An Act to designate the Federal building and United States 

courthouse located at 1300 Victoria Street in Laredo, Texas, 

as the ‘George P. Kazen Federal Building and United States 

Courthouse’.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Water Infrastructure Improvements for the Nation Act’’ 

4 or the ‘‘WIIN Act’’. 

5 (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. 
2 

•S 612 EAH 

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. 

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. 
3 

•S 612 EAH 

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. 

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. 
4 

•S 612 EAH 

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. 
5 

•S 612 EAH 

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. 

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. 
6 

•S 612 EAH 

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. 

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. 
7 

•S 612 EAH 

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. 

1 TITLE I—WATER RESOURCES 

2 DEVELOPMENT 

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘Water Resources Devel5 opment Act of 2016’’. 

6 SEC. 1002. SECRETARY DEFINED. 

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

8 of the Army. 

9 Subtitle A—General Provisions 

10 SEC. 1101. YOUTH SERVICE AND CONSERVATION CORPS OR11 GANIZATIONS. 

12 Section 213 of the Water Resources Development Act 

13 of 2000 (33 U.S.C. 2339) is amended— 

14 (1) by redesignating subsection (c) as subsection 

15 (d); and 

16 (2) by inserting after subsection (b) the fol17 lowing: 
8 

•S 612 EAH 

1 ‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS OR2 GANIZATIONS.—The Secretary, to the maximum extent 

3 practicable, shall enter into cooperative agreements with 

4 qualified youth service and conservation corps organiza5 tions for services relating to projects under the jurisdiction 

6 of the Secretary and shall do so in a manner that ensures 

7 the maximum participation and opportunities for such or8 ganizations.’’. 

9 SEC. 1102. NAVIGATION SAFETY. 

10 The Secretary shall use section 5 of the Act of March 

11 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to 

12 carry out navigation safety activities at those projects eligi13 ble for operation and maintenance under section 204(f) of 

14 the Water Resources Development Act of 1986 (33 U.S.C. 

15 2232(f)). 

16 SEC. 1103. EMERGING HARBORS. 

17 Section 210 of the Water Resources Development Act 

18 of 1986 (33 U.S.C. 2238) is amended— 

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

20 fiscal years 2015 through 2022’’ and inserting ‘‘for 

21 each fiscal year’’; and 

22 (2) by striking subsection (d)(1)(A) and insert23 ing the following: 

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

25 priority funds are available, the Secretary shall 
9 

•S 612 EAH 

1 use at least 10 percent of such funds for emerg2 ing harbor projects.’’. 

3 SEC. 1104. FEDERAL BREAKWATERS AND JETTIES. 

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

5 shall establish an inventory and conduct an assessment of 

6 the general structural condition of all Federal breakwaters 

7 and jetties protecting harbors and inland harbors within 

8 the United States. 

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

10 out under subsection (a) shall include— 

11 (1) compiling location information for all Fed12 eral breakwaters and jetties protecting harbors and 

13 inland harbors within the United States; 

14 (2) determining the general structural condition 

15 of each breakwater and jetty; 

16 (3) analyzing the potential risks to navigational 

17 safety, and the impact on the periodic maintenance 

18 dredging needs of protected harbors and inland har19 bors, resulting from the general structural condition 

20 of each breakwater and jetty; and 

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

22 jetty, to restore or maintain the breakwater or jetty 

23 to authorized levels and the total of all such costs. 

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

25 after the date of enactment of this Act, the Secretary shall 
10 

•S 612 EAH 

1 submit to Congress a report on the results of the inventory 

2 and assessment carried out under subsection (a). 

3 SEC. 1105. REMOTE AND SUBSISTENCE HARBORS. 

4 Section 2006 of the Water Resources Development Act 

5 of 2007 (33 U.S.C. 2242) is amended— 

6 (1) in subsection (a)(3) by inserting ‘‘in which 

7 the project is located, or the long-term viability of a 

8 community that is located in the region that is served 

9 by the project and that will rely on the project,’’ after 

10 ‘‘community’’; and 

11 (2) in subsection (b)— 

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

13 communities that are located in the region to be 

14 served by the project and that will rely on the 

15 project’’ after ‘‘community’’; 

16 (B) in paragraph (4) by striking ‘‘local 

17 population’’ and inserting ‘‘regional population 

18 to be served by the project’’; and 

19 (C) in paragraph (5) by striking ‘‘commu20 nity’’ and inserting ‘‘local community and com21 munities that are located in the region to be 

22 served by the project and that will rely on the 

23 project’’. 
11 

•S 612 EAH 

1 SEC. 1106. ALTERNATIVE PROJECTS TO MAINTENANCE 

2 DREDGING. 

3 The Secretary may enter into agreements to assume 

4 the operation and maintenance costs of an alternative 

5 project to maintenance dredging for a Federal navigation 

6 channel if the costs of the operation and maintenance of 

7 the alternative project, and any remaining costs necessary 

8 for maintaining the Federal navigation channel, are less 

9 than the costs of maintaining such channel without the al10 ternative project. 

11 SEC. 1107. GREAT LAKES NAVIGATION SYSTEM. 

12 Section 210(d)(1)(B) of the Water Resources Develop13 ment Act of 1986 (33 U.S.C. 2238(d)(1)(B)) is amended 

14 in the matter preceding clause (i) by striking ‘‘For each 

15 of fiscal years 2015 through 2024’’ and inserting ‘‘For each 

16 fiscal year’’. 

17 SEC. 1108. FUNDING FOR HARBOR MAINTENANCE PRO18 GRAMS. 

19 Section 2101 of the Water Resources Reform and De20 velopment Act of 2014 (33 U.S.C. 2238b) is amended— 

21 (1) in subsection (b)(1), in the matter preceding 

22 subparagraph (A), by striking ‘‘The target total’’ and 

23 inserting ‘‘Except as provided in subsection (c), the 

24 target total’’; 

25 (2) by redesignating subsection (c) as subsection 

26 (d); and 
12 

•S 612 EAH 

1 (3) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) EXCEPTION.—If the target total budget resources 

4 for a fiscal year described in subparagraphs (A) through 

5 (J) of subsection (b)(1) is lower than the target total budget 

6 resources for the previous fiscal year, the target total budget 

7 resources shall be adjusted to be equal to the lesser of— 

8 ‘‘(1) 103 percent of the total budget resources ap9 propriated for the previous fiscal year; or 

10 ‘‘(2) 100 percent of the total amount of harbor 

11 maintenance taxes received in the previous fiscal 

12 year.’’. 

13 SEC. 1109. MAINTENANCE OF HARBORS OF REFUGE. 

14 The Secretary is authorized to maintain federally au15 thorized harbors of refuge to restore and maintain the au16 thorized dimensions of the harbors. 

17 SEC. 1110. DONOR PORTS AND ENERGY TRANSFER PORTS. 

18 Section 2106 of the Water Resources Reform and De19 velopment Act of 2014 (33 U.S.C. 2238c) is amended— 

20 (1) in subsection (a)— 

21 (A) by redesignating paragraphs (2) 

22 through (6) as paragraphs (3) through (7), re23 spectively; 

24 (B) by inserting after paragraph (1) the fol25 lowing: 
13 

•S 612 EAH 

1 ‘‘(2) DISCRETIONARY CARGO.—The term ‘discre2 tionary cargo’ means maritime cargo for which the 

3 United States port of unlading is different than the 

4 United States port of entry.’’; 

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

6 (i) by redesignating subparagraphs (A) 

7 through (D) as clauses (i) through (iv), re8 spectively, and indenting appropriately; 

9 (ii) in the matter preceding clause (i) 

10 (as redesignated) by striking ‘‘The term’’ 

11 and inserting the following: 

12 ‘‘(A) IN GENERAL.—The term’’; and 

13 (iii) by adding at the end the fol14 lowing: 

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

16 calculating the percentage described in subpara17 graph (A)(iii), payments described under sub18 section (c)(1) shall not be included.’’; 

19 (D) in paragraph (5)(A) (as redesignated), 

20 by striking ‘‘Code of Federal Regulation’’ and 

21 inserting ‘‘Code of Federal Regulations’’; and 

22 (E) by adding at the end the following: 

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

24 ‘medium-sized donor port’ means a port— 
14 

•S 612 EAH 

1 ‘‘(A) that is subject to the harbor mainte2 nance fee under section 24.24 of title 19, Code of 

3 Federal Regulations (or a successor regulation); 

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

5 maintenance taxes collected comprise annually 

6 more than $5,000,000 but less than $15,000,000 

7 of the total funding of the Harbor Maintenance 

8 Trust Fund established under section 9505 of the 

9 Internal Revenue Code of 1986; 

10 ‘‘(C) that received less than 25 percent of 

11 the total amount of harbor maintenance taxes 

12 collected at that port in the previous 5 fiscal 

13 years; and 

14 ‘‘(D) that is located in a State in which 

15 more than 2,000,000 cargo containers were un16 loaded from or loaded onto vessels in fiscal year 

17 2012.’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘donor 

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

21 donor ports,’’; and 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘and’’ at the end; and 
15 

•S 612 EAH 

1 (ii) by striking subparagraph (B) and 

2 inserting the following: 

3 ‘‘(B) shall be made available to a port as ei4 ther a donor port, medium-sized donor port, or 

5 an energy transfer port, and no port may receive 

6 amounts from more than 1 designation; and 

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

8 donor ports— 

9 ‘‘(i) 50 percent of the funds shall be 

10 equally divided between the eligible donor 

11 ports as authorized by this section; and 

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

13 divided between the eligible donor ports and 

14 eligible medium-sized donor ports based on 

15 the percentage of the total harbor mainte16 nance tax revenues generated at each eligi17 ble donor port and medium-sized donor 

18 port.’’; 

19 (3) in subsection (c)— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘donor port’’ and inserting ‘‘donor 

22 port, a medium-sized donor port,’’; and 

23 (B) in paragraph (1)— 

24 (i) by striking ‘‘or shippers trans25 porting cargo’’; 
16 

•S 612 EAH 

1 (ii) by striking ‘‘U.S. Customs and 

2 Border Protection’’ and inserting ‘‘the Sec3 retary’’; and 

4 (iii) by striking ‘‘amount of harbor 

5 maintenance taxes collected’’ and inserting 

6 ‘‘value of discretionary cargo’’; 

7 (4) by striking subsection (d) and inserting the 

8 following: 

9 ‘‘(d) ADMINISTRATION OF PAYMENTS.— 

10 ‘‘(1) IN GENERAL.—If a donor port, a medium11 sized donor port, or an energy transfer port elects to 

12 provide payments to importers under subsection (c), 

13 the Secretary shall transfer to the Commissioner of 

14 U.S. Customs and Border Protection an amount 

15 equal to those payments that would otherwise be pro16 vided to the port under this section to provide the 

17 payments to the importers of the discretionary cargo 

18 that is— 

19 ‘‘(A) shipped through the port; and 

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

21 outside of the United States. 

22 ‘‘(2) REQUIREMENT.—The Secretary, in con23 sultation with a port electing to provide payments 

24 under subsection (c), shall determine the top import25 ers at the port, as ranked by the value of discre-
17 

•S 612 EAH 

1 tionary cargo, and payments shall be limited to those 

2 top importers.’’; 

3 (5) in subsection (f)— 

4 (A) in paragraph (1) by striking ‘‘2018’’ 

5 and inserting ‘‘2020’’; 

6 (B) by striking paragraph (2) and inserting 

7 the following: 

8 ‘‘(2) DIVISION BETWEEN DONOR PORTS, MEDIUM9 SIZED DONOR PORTS, AND ENERGY TRANSFER

10 PORTS.—For each fiscal year, amounts made avail11 able to carry out this section shall be provided in 

12 equal amounts to— 

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

14 ports; and 

15 ‘‘(B) energy transfer ports.’’; and 

16 (C) in paragraph (3)— 

17 (i) by striking ‘‘2015 through 2018’’ 

18 and inserting ‘‘2016 through 2020’’; and 

19 (ii) by striking ‘‘2019 through 2022’’ 

20 and inserting ‘‘2021 through 2025’’; and 

21 (6) by adding at the end the following: 

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

23 any statutory requirement related to the transportation of 

24 merchandise as authorized under chapter 551 of title 46, 

25 United States Code.’’. 
18 

•S 612 EAH 

1 SEC. 1111. HARBOR DEEPENING. 

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

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

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

5 striking ‘‘the date of enactment of this Act’’ and in6 serting ‘‘the date of enactment of the Water Resources 

7 Reform and Development Act of 2014 (Public Law 

8 113–121)’’; 

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

10 and inserting ‘‘50 feet’’; and 

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

12 and inserting ‘‘50 feet’’. 

13 SEC. 1112. IMPLEMENTATION GUIDANCE. 

14 Section 2102 of the Water Resources Reform and De15 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

16 1273) is amended by adding at the end the following: 

17 ‘‘(d) GUIDANCE.—Not later than 90 days after the date 

18 of enactment of the Water Resources Development Act of 

19 2016, the Secretary shall publish on the website of the Corps 

20 of Engineers guidance on the implementation of this section 

21 and the amendments made by this section.’’. 

22 SEC. 1113. NON-FEDERAL INTEREST DREDGING AUTHOR23 ITY. 

24 (a) IN GENERAL.—The Secretary may permit a non25 Federal interest to carry out, for an authorized navigation 

26 project (or a separable element of an authorized navigation 
19 

•S 612 EAH 

1 project), such maintenance activities as are necessary to en2 sure that the project is maintained to not less than the min3 imum project dimensions. 

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

5 section and subject to the availability of appropriations, the 

6 costs incurred by a non-Federal interest in performing the 

7 maintenance activities described in subsection (a) shall be 

8 eligible for reimbursement, not to exceed an amount that 

9 is equal to the estimated Federal cost for the performance 

10 of the maintenance activities, with any reimbursement sub11 ject to the non-Federal interest complying with all Federal 

12 laws and regulations that would apply to such maintenance 

13 activities if carried out by the Secretary. 

14 (c) AGREEMENT.—Before initiating maintenance ac15 tivities under this section, a non-Federal interest shall enter 

16 into an agreement with the Secretary that specifies, for the 

17 performance of the maintenance activities, the terms and 

18 conditions that are acceptable to the non-Federal interest 

19 and the Secretary. 

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

21 maintenance activities under this section, a non-Federal in22 terest shall— 

23 (1) provide equipment at no cost to the Federal 

24 Government; and 
20 

•S 612 EAH 

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

2 any and all damage that arises from the use of the 

3 equipment of the non-Federal interest, except for dam4 age due to the fault or negligence of a contractor of 

5 the Federal Government. 

6 (e) REIMBURSEMENT ELIGIBILITY LIMITATIONS.— 

7 Costs that are eligible for reimbursement under this section 

8 are the costs of maintenance activities directly related to 

9 the costs associated with operation and maintenance of a 

10 dredge based on the lesser of— 

11 (1) the costs associated with operation and 

12 maintenance of the dredge during the period of time 

13 that the dredge is being used in the performance of 

14 work for the Federal Government during a given fis15 cal year; or 

16 (2) the actual fiscal year Federal appropriations 

17 that are made available for the portion of the mainte18 nance activities for which the dredge was used. 

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

20 enactment of this Act, the Secretary may conduct an audit 

21 on any maintenance activities for an authorized navigation 

22 project (or a separable element of an authorized navigation 

23 project) carried out under this section to determine if per24 mitting a non-Federal interest to carry out maintenance 

25 activities under this section has resulted in— 
21 

•S 612 EAH 

1 (1) improved reliability and safety for naviga2 tion; and 

3 (2) cost savings to the Federal Government. 

4 (g) TERMINATION OF AUTHORITY.—The authority of 

5 the Secretary under this section terminates on the date that 

6 is 10 years after the date of enactment of this Act. 

7 SEC. 1114. TRANSPORTATION COST SAVINGS. 

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

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

10 (1) by redesignating subparagraph (B) as sub11 paragraph (C); and 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) ADDITIONAL REQUIREMENT.—In the 

15 first report submitted under subparagraph (A) 

16 following the date of enactment of the Water Re17 sources Development Act of 2016, the Secretary 

18 shall identify, to the maximum extent prac19 ticable, transportation cost savings realized by 

20 achieving and maintaining the constructed 

21 width and depth for the harbors and inland har22 bors referred to in subsection (a)(2), on a project23 by-project basis.’’. 
22 

•S 612 EAH 

1 SEC. 1115. RESERVOIR SEDIMENT. 

2 (a) IN GENERAL.—Section 215 of the Water Resources 

3 Development Act of 2000 (33 U.S.C. 2326c) is amended to 

4 read as follows: 

5 ‘‘SEC. 215. RESERVOIR SEDIMENT. 

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

7 date of enactment of the Water Resources Development Act 

8 of 2016 and after providing public notice, the Secretary 

9 shall establish, using available funds, a pilot program to 

10 accept services provided by a non-Federal interest or com11 mercial entity for removal of sediment captured behind a 

12 dam owned or operated by the United States and under 

13 the jurisdiction of the Secretary for the purpose of restoring 

14 the authorized storage capacity of the project concerned. 

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

16 the Secretary shall— 

17 ‘‘(1) review the services of the non-Federal inter18 est or commercial entity to ensure that the services 

19 are consistent with the authorized purposes of the 

20 project concerned; 

21 ‘‘(2) ensure that the non-Federal interest or com22 mercial entity will indemnify the United States for, 

23 or has entered into an agreement approved by the 

24 Secretary to address, any adverse impact to the dam 

25 as a result of such services; 
23 

•S 612 EAH 

1 ‘‘(3) require the non-Federal interest or commer2 cial entity, prior to initiating the services and upon 

3 completion of the services, to conduct sediment sur4 veys to determine the pre- and post-services sediment 

5 profile and sediment quality; and 

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

7 are accepted to 10. 

8 ‘‘(c) LIMITATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary may not ac10 cept services under subsection (a) if the Secretary, 

11 after consultation with the Chief of Engineers, deter12 mines that accepting the services is not advantageous 

13 to the United States. 

14 ‘‘(2) REPORT TO CONGRESS.—If the Secretary 

15 makes a determination under paragraph (1), the Sec16 retary shall provide to the Committee on Transpor17 tation and Infrastructure of the House of Representa18 tives and the Committee on Environment and Public 

19 Works of the Senate written notice describing the rea20 soning for the determination. 

21 ‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In ex22 change for providing services under subsection (a), a non23 Federal interest or commercial entity is authorized to re24 tain, use, recycle, sell, or otherwise dispose of any sediment 

25 removed in connection with the services and the Corps of 
24 

•S 612 EAH 

1 Engineers may not seek any compensation for the value of 

2 the sediment. 

3 ‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to accept4 ing services provided by a non-Federal interest or commer5 cial entity under this section, the Secretary shall provide 

6 to the Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on Envi8 ronment and Public Works of the Senate written notice of 

9 the acceptance of the services. 

10 ‘‘(f) REPORT TO CONGRESS.—Upon completion of 

11 services at the 10 dams allowed under subsection (b)(4), the 

12 Secretary shall make publicly available and submit to the 

13 Committee on Transportation and Infrastructure of the 

14 House of Representatives and the Committee on Environ15 ment and Public Works of the Senate a report documenting 

16 the results of the services.’’. 

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

18 section 1(b) of the Water Resources Development Act of 2000 

19 is amended by striking the item relating to section 215 and 

20 inserting the following: 

‘‘Sec. 215. Reservoir sediment.’’. 

21 SEC. 1116. WATER SUPPLY CONSERVATION. 

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

23 emergency has been declared or was in effect during the 1- 

24 year period ending on the date of enactment of this Act, 

25 the Secretary is authorized— 
25 

•S 612 EAH 

1 (1) to conduct an evaluation for purposes of ap2 proving water supply conservation measures that are 

3 consistent with the authorized purposes of water re4 sources development projects under the jurisdiction of 

5 the Secretary; and 

6 (2) to enter into written agreements pursuant to 

7 section 221 of the Flood Control Act of 1970 (42 

8 U.S.C. 1962d–5b) with non-Federal interests to carry 

9 out the conservation measures approved by such eval10 uations. 

11 (b) ELIGIBILITY.—Water supply conservation meas12 ures evaluated under subsection (a) may include the fol13 lowing: 

14 (1) Stormwater capture. 

15 (2) Releases for ground water replenishment or 

16 aquifer storage and recovery. 

17 (3) Releases to augment water supply at another 

18 Federal or non-Federal storage facility. 

19 (4) Other conservation measures that enhance 

20 usage of a Corps of Engineers project for water sup21 ply. 

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

23 separable costs associated with the evaluation, implementa24 tion, operation, and maintenance of an approved water 

25 supply conservation measure, which payments may be ac-
26 

•S 612 EAH 

1 cepted and expended by the Corps of Engineers to cover such 

2 costs. 

3 (d) STATUTORY CONSTRUCTION.—Nothing in this sec4 tion may be construed to modify or alter the obligations 

5 of a non-Federal interest under existing or future agree6 ments for— 

7 (1) water supply storage pursuant to section 301 

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

9 or 

10 (2) surplus water use pursuant to section 6 of 

11 the Act of December 22, 1944 (58 Stat. 890, chapter 

12 665; 33 U.S.C. 708). 

13 (e) LIMITATIONS.—Nothing in this section— 

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

15 purposes of a Corps of Engineers project; 

16 (2) affects existing Corps of Engineers authori17 ties, including its authorities with respect to naviga18 tion, flood damage reduction, and environmental pro19 tection and restoration; 

20 (3) affects the Corps of Engineers ability to pro21 vide for temporary deviations; 

22 (4) affects the application of a cost-share require23 ment under section 101, 102, or 103 of the Water Re24 sources Development Act of 1986 (33 U.S.C. 2211, 

25 2212, and 2213); 
27 

•S 612 EAH 

1 (5) supersedes or modifies any written agreement 

2 between the Federal Government and a non-Federal 

3 interest that is in effect on the date of enactment of 

4 this Act; 

5 (6) supersedes or modifies any amendment to an 

6 existing multistate water control plan, including those 

7 water control plans along the Missouri River and 

8 those water control plans in the Apalachicola-Chat9 tahoochee-Flint and Alabama-Coosa-Tallapoosa ba10 sins; 

11 (7) affects any water right in existence on the 

12 date of enactment of this Act; or 

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

14 interstate compact governing water. 

15 SEC. 1117. DROUGHT EMERGENCIES. 

16 (a) AUTHORIZED ACTIVITIES.—With respect to a State 

17 in which a drought emergency is in effect on the date of 

18 enactment of this Act, or was in effect at any time during 

19 the 1-year period ending on such date of enactment, and 

20 upon the request of the Governor of the State, the Secretary 

21 is authorized to— 

22 (1) prioritize the updating of the water control 

23 manuals for control structures under the jurisdiction 

24 of the Secretary that are located in the State; and 
28 

•S 612 EAH 

1 (2) incorporate into the update seasonal oper2 ations for water conservation and water supply for 

3 such control structures. 

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

5 update under subsection (a) in coordination with all appro6 priate Federal agencies, elected officials, and members of 

7 the public. 

8 (c) STATUTORY CONSTRUCTION.—Nothing in this sec9 tion affects, modifies, or changes the authorized purposes 

10 of a Corps of Engineers project, or affects the applicability 

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

12 390b). 

13 SEC. 1118. LEVERAGING FEDERAL INFRASTRUCTURE FOR 

14 INCREASED WATER SUPPLY. 

15 (a) IN GENERAL.—At the request of a non-Federal in16 terest, the Secretary may review proposals to increase the 

17 quantity of available supplies of water at a Federal water 

18 resources development project through— 

19 (1) modification of the project; 

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

21 or 

22 (3) accessing water released from the project. 

23 (b) PROPOSALS INCLUDED.—A proposal under sub24 section (a) may include— 

25 (1) increasing the storage capacity of the project; 
29 

•S 612 EAH 

1 (2) diversion of water released or withdrawn 

2 from the project— 

3 (A) to recharge groundwater; 

4 (B) to aquifer storage and recovery; or 

5 (C) to any other storage facility; 

6 (3) construction of facilities for delivery of water 

7 from pumping stations constructed by the Secretary; 

8 (4) construction of facilities to access water; and 

9 (5) a combination of the activities described in 

10 paragraphs (1) through (4). 

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

12 proposal that— 

13 (1) reallocates existing water supply or hydro14 power storage; or 

15 (2) reduces water available for any authorized 

16 project purpose. 

17 (d) OTHER FEDERAL PROJECTS.—In any case in 

18 which a proposal relates to a Federal project that is not 

19 operated by the Secretary, this section shall apply only to 

20 activities under the authority of the Secretary. 

21 (e) REVIEW PROCESS.— 

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

23 under subsection (a), the Secretary shall provide a 

24 copy of the proposal to each entity described in para25 graph (2) and, if applicable, the Federal agency that 
30 

•S 612 EAH 

1 operates the project, in the case of a project operated 

2 by an agency other than the Department of the Army. 

3 (2) PUBLIC PARTICIPATION.—In reviewing pro4 posals submitted under subsection (a), and prior to 

5 making any decisions regarding a proposal, the Sec6 retary shall comply with all applicable public partici7 pation requirements under law, including consulta8 tion with— 

9 (A) affected States; 

10 (B) power marketing administrations, in 

11 the case of reservoirs with Federal hydropower 

12 projects; 

13 (C) entities responsible for operation and 

14 maintenance costs; 

15 (D) any entity that has a contractual right 

16 from the Federal Government or a State to with17 draw water from, or use storage at, the project; 

18 (E) entities that the State determines hold 

19 rights under State law to the use of water from 

20 the project; and 

21 (F) units of local government with flood 

22 risk reduction responsibilities downstream of the 

23 project. 
31 

•S 612 EAH 

1 (f) AUTHORITIES.—A proposal submitted to the Sec2 retary under subsection (a) may be reviewed and approved, 

3 if applicable and appropriate, under— 

4 (1) the specific authorization for the water re5 sources development project; 

6 (2) section 216 of the Flood Control Act of 1970 

7 (33 U.S.C. 549a); 

8 (3) section 301 of the Water Supply Act of 1958 

9 (43 U.S.C. 390b); and 

10 (4) section 14 of the Act of March 3, 1899 (30 

11 Stat. 1152, chapter 425; 33 U.S.C. 408). 

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

13 proposal submitted under subsection (a) that— 

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

15 operates the project, if that agency is not the Depart16 ment of the Army; 

17 (2) interferes with an authorized purpose of the 

18 project; 

19 (3) adversely impacts contractual rights to water 

20 or storage at the reservoir; 

21 (4) adversely impacts legal rights to water under 

22 State law, as determined by an affected State; 

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

24 entity that submitted the proposal; or 
32 

•S 612 EAH 

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

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

3 modifications to the project that do not meet the re4 quirements of that section unless the modification is 

5 submitted to and authorized by Congress. 

6 (h) COST SHARE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), 100 percent of the cost of developing, re9 viewing, and implementing a proposal submitted 

10 under subsection (a) shall be provided by an entity 

11 other than the Federal Government. 

12 (2) PLANNING ASSISTANCE TO STATES.—In the 

13 case of a proposal from an entity authorized to re14 ceive assistance under section 22 of the Water Re15 sources Development Act of 1974 (42 U.S.C. 1962d– 

16 16), the Secretary may use funds available under that 

17 section to pay 50 percent of the cost of a review of 

18 a proposal submitted under subsection (a). 

19 (3) OPERATION AND MAINTENANCE COSTS.— 

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

21 subparagraphs (B) and (C), the operation and 

22 maintenance costs for the non-Federal sponsor of 

23 a proposal submitted under subsection (a) shall 

24 be 100 percent of the separable operation and 
33 

•S 612 EAH 

1 maintenance costs associated with the costs of 

2 implementing the proposal. 

3 (B) CERTAIN WATER SUPPLY STORAGE

4 PROJECTS.—For a proposal submitted under 

5 subsection (a) for constructing additional water 

6 supply storage at a reservoir for use under a 

7 water supply storage agreement, in addition to 

8 the costs under subparagraph (A), the non-Fed9 eral costs shall include the proportional share of 

10 any joint-use costs for operation, maintenance, 

11 repair, replacement, or rehabilitation of the res12 ervoir project determined in accordance with sec13 tion 301 of the Water Supply Act of 1958 (43 

14 U.S.C. 390b). 

15 (C) VOLUNTARY CONTRIBUTIONS.—An enti16 ty other than an entity described in subpara17 graph (A) may voluntarily contribute to the 

18 costs of implementing a proposal submitted 

19 under subsection (a). 

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

21 and expend funds contributed by a non-Federal interest for 

22 the review and approval of a proposal submitted under sub23 section (a). 

24 (j) ASSISTANCE.—On request by a non-Federal inter25 est, the Secretary may provide technical assistance in the 
34 

•S 612 EAH 

1 development or implementation of a proposal under sub2 section (a), including assistance in obtaining necessary per3 mits for construction, if the non-Federal interest contracts 

4 with the Secretary to pay all costs of providing the technical 

5 assistance. 

6 (k) EXCLUSION.—This section shall not apply to res7 ervoirs in— 

8 (1) the Upper Missouri River; 

9 (2) the Apalachicola-Chattahoochee-Flint river 

10 system; 

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

12 and 

13 (4) the Stones River. 

14 (l) EFFECT OF SECTION.—Nothing in this section af15 fects or modifies any authority of the Secretary to review 

16 or modify reservoirs. 

17 SEC. 1119. INDIAN TRIBES. 

18 Section 1156 of the Water Resources Development Act 

19 of 1986 (33 U.S.C. 2310) is amended— 

20 (1) in the section heading by inserting ‘‘AND

21 INDIAN TRIBES’’ after ‘‘TERRITORIES’’; and 

22 (2) in subsection (a)— 

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

24 inserting ‘‘projects— 

25 ‘‘(1) in American’’; 
35 

•S 612 EAH 

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

2 inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

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

5 102 of the Federally Recognized Indian Tribe List Act 

6 of 1994 (25 U.S.C. 5130)).’’. 

7 SEC. 1120. TRIBAL CONSULTATION REPORTS. 

8 (a) REVIEW.—The Secretary shall submit to the Com9 mittee on Environment and Public Works of the Senate and 

10 the Committee on Transportation and Infrastructure of the 

11 House of Representatives the following: 

12 (1) Not later than 30 days after the date of en13 actment of this Act, all reports of the Corps of Engi14 neers developed pursuant to its Tribal Consultation 

15 Policy, dated November 2012, and submitted to the 

16 Office of Management and Budget before the date of 

17 enactment of this Act. 

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

19 submission to the Committees under paragraph (1), 

20 all reports of the Corps of Engineers developed pursu21 ant to its Tribal Consultation Policy, dated November 

22 2012, or successor policy, and submitted to the Office 

23 of Management and Budget after the date of enact24 ment of this Act. 
36 

•S 612 EAH 

1 (3) Not later than 1 year after the date of enact2 ment of this Act, a report that describes the results of 

3 a review by the Secretary of existing policies, regula4 tions, and guidance related to consultation with In5 dian tribes on water resources development projects or 

6 other activities that require the approval of, or the 

7 issuance of a permit by, the Secretary and that may 

8 have an impact on tribal cultural or natural re9 sources. 

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

11 subsection (a)(3), the Secretary shall provide for public and 

12 private meetings with Indian tribes and other stakeholders. 

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

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

15 (1) all existing tribal consultation policies, regu16 lations, and guidance continue to be implemented; 

17 and 

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

19 issuance of a permit required by the Secretary. 

20 SEC. 1121. TRIBAL PARTNERSHIP PROGRAM. 

21 Section 203 of the Water Resources Development Act 

22 of 2000 (33 U.S.C. 2269) is amended— 

23 (1) in subsection (b)— 

24 (A) in paragraph (1), in the matter pre25 ceding subparagraph (A), by striking ‘‘the Sec-
37 

•S 612 EAH 

1 retary’’ and all that follows through ‘‘projects’’ 

2 and inserting ‘‘the Secretary may carry out 

3 water-related planning activities, or activities 

4 relating to the study, design, and construction of 

5 water resources development projects,’’; 

6 (B) in paragraph (2) by striking ‘‘(2) MAT7 TERS TO BE STUDIED.—A study’’ and inserting 

8 the following: 

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

10 and 

11 (C) by adding at the end the following: 

12 ‘‘(3) FEASIBILITY STUDY AND REPORTS.— 

13 ‘‘(A) IN GENERAL.—On the request of an 

14 Indian tribe, the Secretary shall conduct a study 

15 on, and provide to the Indian tribe a report de16 scribing, the feasibility of a water resources de17 velopment project described in paragraph (1). 

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

19 subparagraph (A) may, but shall not be required 

20 to, contain a recommendation on a specific 

21 water resources development project. 

22 ‘‘(4) DESIGN AND CONSTRUCTION.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

24 carry out the design and construction of a water 

25 resources development project described in para-
38 

•S 612 EAH 

1 graph (1) that the Secretary determines is fea2 sible if the Federal share of the cost of the project 

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

4 ‘‘(B) SPECIFIC AUTHORIZATION.—If the 

5 Federal share of the cost of a project described in 

6 subparagraph (A) is more than $10,000,000, the 

7 Secretary may only carry out the project if Con8 gress enacts a law authorizing the Secretary to 

9 carry out the project.’’; 

10 (2) in subsection (c)— 

11 (A) in paragraph (1) by striking ‘‘studies’’ 

12 and inserting ‘‘an activity’’; and 

13 (B) in paragraph (2)(B) by striking ‘‘car14 rying out projects studied’’ and inserting ‘‘an ac15 tivity conducted’’; and 

16 (3) in subsection (d)— 

17 (A) in paragraph (1)(A) by striking ‘‘a 

18 study’’ and inserting ‘‘an activity conducted’’; 

19 and 

20 (B) by striking paragraph (2) and inserting 

21 the following: 

22 ‘‘(2) CREDIT.—The Secretary may credit toward 

23 the non-Federal share of the costs of an activity con24 ducted under subsection (b) the cost of services, stud-
39 

•S 612 EAH 

1 ies, supplies, or other in-kind contributions provided 

2 by the non-Federal interest. 

3 ‘‘(3) SOVEREIGN IMMUNITY.—The Secretary shall 

4 not require an Indian tribe to waive the sovereign im5 munity of the Indian tribe as a condition to entering 

6 into a cost-sharing agreement under this subsection. 

7 ‘‘(4) WATER RESOURCES DEVELOPMENT

8 PROJECTS.— 

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

10 of costs for the study of a water resources devel11 opment project described in subsection (b)(1) 

12 shall be 50 percent. 

13 ‘‘(B) OTHER COSTS.—The non-Federal 

14 share of costs of design and construction of a 

15 project described in subparagraph (A) shall be 

16 assigned to the appropriate project purposes de17 scribed in sections 101 and 103 of the Water Re18 sources Development Act of 1986 (33 U.S.C. 

19 2211, 2213) and shared in the same percentages 

20 as the purposes to which the costs are assigned. 

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

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

23 of costs of a watershed and river basin assess24 ment conducted under subsection (b) shall be 25 

25 percent. 
40 

•S 612 EAH 

1 ‘‘(B) OTHER COSTS.—The non-Federal 

2 share of costs of other water-related planning ac3 tivities described in subsection (b)(1) shall be 50 

4 percent.’’. 

5 SEC. 1122. BENEFICIAL USE OF DREDGED MATERIAL. 

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

7 date of enactment of this Act, the Secretary shall establish 

8 a pilot program to carry out projects for the beneficial use 

9 of dredged material, including projects for the purposes of— 

10 (1) reducing storm damage to property and in11 frastructure; 

12 (2) promoting public safety; 

13 (3) protecting, restoring, and creating aquatic 

14 ecosystem habitats; 

15 (4) stabilizing stream systems and enhancing 

16 shorelines; 

17 (5) promoting recreation; 

18 (6) supporting risk management adaptation 

19 strategies; and 

20 (7) reducing the costs of dredging and dredged 

21 material placement or disposal, such as projects that 

22 use dredged material for— 

23 (A) construction or fill material; 

24 (B) civic improvement objectives; and 
41 

•S 612 EAH 

1 (C) other innovative uses and placement al2 ternatives that produce public economic or envi3 ronmental benefits. 

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

5 program, the Secretary shall— 

6 (1) identify for inclusion in the pilot program 

7 and carry out 10 projects for the beneficial use of 

8 dredged material; 

9 (2) consult with relevant State agencies in select10 ing projects; and 

11 (3) select projects solely on the basis of— 

12 (A) the environmental, economic, and social 

13 benefits of the projects, including monetary and 

14 nonmonetary benefits; and 

15 (B) the need for a diversity of project types 

16 and geographical project locations. 

17 (c) REGIONAL BENEFICIAL USE TEAMS.— 

18 (1) IN GENERAL.—In carrying out the pilot pro19 gram, the Secretary shall establish regional beneficial 

20 use teams to identify and assist in the implementa21 tion of projects under the pilot program. 

22 (2) COMPOSITION.— 

23 (A) LEADERSHIP.—For each regional bene24 ficial use team established under paragraph (1), 

25 the Secretary shall appoint the Commander of 
42 

•S 612 EAH 

1 the relevant division of the Corps of Engineers to 

2 serve as the head of the team. 

3 (B) MEMBERSHIP.—The membership of 

4 each regional beneficial use team shall include— 

5 (i) representatives of relevant Corps of 

6 Engineers districts and divisions; 

7 (ii) representatives of relevant State 

8 and local agencies; and 

9 (iii) representatives of Federal agencies 

10 and such other entities as the Secretary de11 termines appropriate, consistent with the 

12 purposes of this section. 

13 (d) CONSIDERATIONS.—The Secretary shall carry out 

14 the pilot program in a manner that— 

15 (1) maximizes the beneficial placement of 

16 dredged material from Federal and non-Federal navi17 gation channels; 

18 (2) incorporates, to the maximum extent prac19 ticable, 2 or more Federal navigation, flood control, 

20 storm damage reduction, or environmental restoration 

21 projects; 

22 (3) coordinates the mobilization of dredges and 

23 related equipment, including through the use of such 

24 efficiencies in contracting and environmental permit-
43 

•S 612 EAH 

1 ting as can be implemented under existing laws and 

2 regulations; 

3 (4) fosters Federal, State, and local collabora4 tion; 

5 (5) implements best practices to maximize the 

6 beneficial use of dredged sand and other sediments; 

7 and 

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

9 consistent with all applicable environmental laws. 

10 (e) COST SHARING.— 

11 (1) IN GENERAL.—Projects carried out under 

12 this section shall be subject to the cost-sharing require13 ments applicable to projects carried out under section 

14 204 of the Water Resources Development Act of 1992 

15 (33 U.S.C. 2326). 

16 (2) ADDITIONAL COSTS.—Notwithstanding para17 graph (1), if the cost of transporting and depositing 

18 dredged material for a project carried out under this 

19 section exceeds the cost of carrying out those activities 

20 pursuant to any other water resources project in ac21 cordance, if applicable, with the Federal standard (as 

22 defined in section 335.7 of title 33, Code of Federal 

23 Regulations), the Secretary may not require the non24 Federal interest to bear the additional cost of such ac25 tivities. 
44 

•S 612 EAH 

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

2 enactment of this Act, and annually thereafter, the Sec3 retary shall submit to the Committee on Environment and 

4 Public Works of the Senate and the Committee on Transpor5 tation and Infrastructure of the House of Representatives 

6 a report that includes— 

7 (1) a description of the projects selected to be 

8 carried out under the pilot program; 

9 (2) documentation supporting each of the 

10 projects selected; 

11 (3) the findings of regional beneficial use teams 

12 regarding project selection; and 

13 (4) any recommendations of the Secretary or re14 gional beneficial use teams with respect to the pilot 

15 program. 

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

17 after completion of the 10 projects carried out pursuant to 

18 subsection (b)(1). 

19 (h) EXEMPTION FROM OTHER STANDARDS.—The 

20 projects carried out under this section shall be carried out 

21 notwithstanding the definition of the term ‘‘Federal stand22 ard’’ in section 335.7 of title 33, Code of Federal Regula23 tions. 
45 

•S 612 EAH 

1 (i) REGIONAL SEDIMENT MANAGEMENT.—Section 204 

2 of the Water Resources Development Act of 1992 (33 U.S.C. 

3 2326) is amended— 

4 (1) in subsection (a)(1)— 

5 (A) by striking ‘‘For sediment’’ and insert6 ing the following: 

7 ‘‘(A) SEDIMENT FROM FEDERAL WATER RE8 SOURCES PROJECTS.—For sediment’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(B) SEDIMENT FROM OTHER FEDERAL

11 SOURCES AND NON-FEDERAL SOURCES.—For 

12 purposes of projects carried out under this sec13 tion, the Secretary may include sediment from 

14 other Federal sources and non-Federal sources, 

15 subject to the requirement that any sediment ob16 tained from a non-Federal source shall not be ob17 tained at Federal expense.’’; and 

18 (2) in subsection (d) by adding at the end the 

19 following: 

20 ‘‘(3) SPECIAL RULE.—Disposal of dredged mate21 rial under this subsection may include a single or 

22 periodic application of sediment for beneficial use 

23 and shall not require operation and maintenance. 

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

25 Secretary may accept funds from a non-Federal inter-
46 

•S 612 EAH 

1 est to dispose of dredged material as provided under 

2 section 103(d)(1) of the Water Resources Development 

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

4 (j) CLARIFICATION.—Section 156(e) of the Water Re5 sources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) 

6 is amended by striking ‘‘3’’ and inserting ‘‘6’’. 

7 SEC. 1123. GREAT LAKES FISHERY AND ECOSYSTEM RES8 TORATION. 

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

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

11 SEC. 1124. CORPS OF ENGINEERS OPERATION OF UN12 MANNED AIRCRAFT SYSTEMS. 

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

14 individual, within the headquarters office of the Corps of 

15 Engineers, who shall serve as the coordinator and principal 

16 approving official for developing the process and procedures 

17 by which the Corps of Engineers— 

18 (1) operates and maintains small unmanned 

19 aircraft (as defined in section 331 of the FAA Mod20 ernization and Reform Act of 2012 (49 U.S.C. 40101 

21 note)) systems in support of civil works and emer22 gency response missions of the Corps of Engineers; 

23 and 
47 

•S 612 EAH 

1 (2) acquires, applies for, and receives any nec2 essary Federal Aviation Administration authoriza3 tions for such operations and systems. 

4 (b) REQUIREMENTS.—A small unmanned aircraft sys5 tem acquired, operated, or maintained for carrying out the 

6 missions specified in subsection (a) shall be operated in ac7 cordance with regulations of the Federal Aviation Adminis8 tration as a civil aircraft or public aircraft, at the discre9 tion of the Secretary, and shall be exempt from regulations 

10 of the Department of Defense, including the Department of 

11 the Army, governing such system. 

12 (c) LIMITATION.—A small unmanned aircraft system 

13 acquired, operated, or maintained by the Corps of Engi14 neers is excluded from use by the Department of Defense, 

15 including the Department of the Army, for any mission of 

16 the Department of Defense other than a mission specified 

17 in subsection (a). 

18 SEC. 1125. FUNDING TO PROCESS PERMITS. 

19 Section 214(a) of the Water Resources Development 

20 Act of 2000 (33 U.S.C. 2352(a)) is amended— 

21 (1) in paragraph (1) by adding at the end the 

22 following: 

23 ‘‘(C) RAILROAD CARRIER.—The term ‘rail24 road carrier’ has the meaning given the term in 

25 section 20102 of title 49, United States Code.’’; 
48 

•S 612 EAH 

1 (2) in paragraph (2)— 

2 (A) by striking ‘‘or natural gas company’’ 

3 and inserting ‘‘, natural gas company, or rail4 road carrier’’; and 

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

6 ‘‘, company, or carrier’’; 

7 (3) in paragraph (3)— 

8 (A) by striking ‘‘or natural gas company’’ 

9 and inserting ‘‘, natural gas company, or rail10 road carrier’’; and 

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

12 years’’; and 

13 (4) in paragraph (5) by striking ‘‘and natural 

14 gas companies’’ and inserting ‘‘, natural gas compa15 nies, and railroad carriers, including an evaluation 

16 of the compliance with the requirements of this section 

17 and, with respect to a permit for those entities, the 

18 requirements of applicable Federal laws’’. 

19 SEC. 1126. STUDY OF WATER RESOURCES DEVELOPMENT 

20 PROJECTS BY NON-FEDERAL INTERESTS. 

21 Section 203 of the Water Resources Development Act 

22 of 1986 (33 U.S.C. 2231) is amended by adding at the end 

23 the following: 

24 ‘‘(e) TECHNICAL ASSISTANCE.—At the request of a 

25 non-Federal interest, the Secretary may provide to the non- 
49 

•S 612 EAH 

1 Federal interest technical assistance relating to any aspect 

2 of a feasibility study if the non-Federal interest contracts 

3 with the Secretary to pay all costs of providing such tech4 nical assistance.’’. 

5 SEC. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED 

6 FLOOD DAMAGE REDUCTION PROJECTS. 

7 Section 204(d) of the Water Resources Development 

8 Act of 1986 (33 U.S.C. 2232(d)) is amended by adding at 

9 the end the following: 

10 ‘‘(5) DISCRETE SEGMENTS.— 

11 ‘‘(A) IN GENERAL.—The Secretary may au12 thorize credit or reimbursement under this sub13 section for a discrete segment of a flood damage 

14 reduction project, or separable element thereof, 

15 before final completion of the project or separable 

16 element if— 

17 ‘‘(i) except as provided in clause (ii), 

18 the Secretary determines that the discrete 

19 segment satisfies the requirements of para20 graphs (1) through (4) in the same manner 

21 as the project or separable element; and 

22 ‘‘(ii) notwithstanding paragraph 

23 (1)(A)(ii), the Secretary determines, before 

24 the approval of the plans under paragraph 

25 (1)(A)(i), that the discrete segment is tech-
50 

•S 612 EAH 

1 nically feasible and environmentally accept2 able. 

3 ‘‘(B) DETERMINATION.—Credit or reim4 bursement may not be made available to a non5 Federal interest pursuant to this paragraph 

6 until the Secretary determines that— 

7 ‘‘(i) the construction of the discrete seg8 ment for which credit or reimbursement is 

9 requested is complete; and 

10 ‘‘(ii) the construction is consistent with 

11 the authorization of the applicable flood 

12 damage reduction project, or separable ele13 ment thereof, and the plans approved under 

14 paragraph (1)(A)(i). 

15 ‘‘(C) WRITTEN AGREEMENT.— 

16 ‘‘(i) IN GENERAL.—As part of the writ17 ten agreement required under paragraph 

18 (1)(A)(iii), a non-Federal interest to be eli19 gible for credit or reimbursement under this 

20 paragraph shall— 

21 ‘‘(I) identify any discrete segment 

22 that the non-Federal interest may 

23 carry out; and 

24 ‘‘(II) agree to the completion of 

25 the flood damage reduction project, or 
51 

•S 612 EAH 

1 separable element thereof, with respect 

2 to which the discrete segment is a part 

3 and establish a timeframe for such 

4 completion. 

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

6 interest fails to complete a flood damage re7 duction project, or separable element thereof, 

8 that it agreed to complete under clause 

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

10 any reimbursements received under this 

11 paragraph for a discrete segment of such 

12 project or separable element. 

13 ‘‘(D) DISCRETE SEGMENT DEFINED.—In 

14 this paragraph, the term ‘discrete segment’ 

15 means a physical portion of a flood damage re16 duction project, or separable element thereof— 

17 ‘‘(i) described by a non-Federal inter18 est in a written agreement required under 

19 paragraph (1)(A)(iii); and 

20 ‘‘(ii) that the non-Federal interest can 

21 operate and maintain, independently and 

22 without creating a hazard, in advance of 

23 final completion of the flood damage reduc24 tion project, or separable element thereof.’’. 
52 

•S 612 EAH 

1 SEC. 1128. MULTISTATE ACTIVITIES. 

2 Section 22 of the Water Resources Development Act of 

3 1974 (42 U.S.C. 1962d–16) is amended— 

4 (1) in subsection (a)(1)— 

5 (A) by striking ‘‘or other non-Federal inter6 est’’ and inserting ‘‘, group of States, or non7 Federal interest’’; 

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

9 ‘‘working with a State’’; and 

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

11 ‘‘boundaries of such State’’; and 

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

13 following: ‘‘The Secretary may allow 2 or more States 

14 to combine all or a portion of the funds that the Sec15 retary makes available to the States in carrying out 

16 subsection (a)(1).’’. 

17 SEC. 1129. PLANNING ASSISTANCE TO STATES. 

18 Section 22 of the Water Resources Development Act of 

19 1974 (42 U.S.C. 1962d–16) is amended by adding at the 

20 end the following: 

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

22 under this section provided to Indian tribes, the Common23 wealth of Puerto Rico, Guam, American Samoa, the Virgin 

24 Islands, the Commonwealth of the Northern Marianas, and 

25 the Trust Territory of the Pacific Islands shall be as pro-
53 

•S 612 EAH 

1 vided under section 1156 of the Water Resources Develop2 ment Act of 1986 (33 U.S.C. 2310).’’. 

3 SEC. 1130. REGIONAL PARTICIPATION ASSURANCE FOR 

4 LEVEE SAFETY ACTIVITIES. 

5 (a) NATIONAL LEVEE SAFETY PROGRAM.—Section 

6 9002 of the Water Resources Development Act of 2007 (33 

7 U.S.C. 3301) is amended— 

8 (1) in paragraph (11) by striking ‘‘State or In9 dian tribe’’ and inserting ‘‘State, regional district, or 

10 Indian tribe’’; 

11 (2) by redesignating paragraphs (12) through 

12 (16) as paragraphs (13) through (17), respectively; 

13 and 

14 (3) by inserting after paragraph (11) the fol15 lowing: 

16 ‘‘(12) REGIONAL DISTRICT.—The term ‘regional 

17 district’ means a subdivision of a State government, 

18 or a subdivision of multiple State governments, that 

19 is authorized to acquire, construct, operate, and 

20 maintain projects for the purpose of flood damage re21 duction.’’. 

22 (b) INVENTORY AND INSPECTION OF LEVEES.—Section 

23 9004 of the Water Resources Development Act of 2007 (33 

24 U.S.C. 3303) is amended— 

25 (1) in subsection (a)— 
54 

•S 612 EAH 

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

2 after the date of enactment of this Act’’ and in3 serting ‘‘1 year after the date of enactment of the 

4 Water Resources Development Act of 2016’’; 

5 (B) in paragraph (2)(A) by striking 

6 ‘‘States, Indian tribes, Federal agencies, and 

7 other entities’’ and inserting ‘‘States, regional 

8 districts, Indian tribes, Federal agencies, and 

9 other entities’’; and 

10 (C) in paragraph (3)— 

11 (i) in the heading for subparagraph 

12 (A) by striking ‘‘FEDERAL, STATE, AND

13 LOCAL’’ and inserting ‘‘FEDERAL, STATE, 

14 REGIONAL, TRIBAL, AND LOCAL’’; and 

15 (ii) in subparagraph (A) by striking 

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

17 ‘‘Federal, State, regional, tribal, and local’’; 

18 and 

19 (2) in subsection (c)— 

20 (A) in paragraph (4)— 

21 (i) in the paragraph heading by strik22 ing ‘‘STATE AND TRIBAL’’ and inserting 

23 ‘‘STATE, REGIONAL, AND TRIBAL’’; and 
55 

•S 612 EAH 

1 (ii) by striking ‘‘State or Indian tribe’’ 

2 each place it appears and inserting ‘‘State, 

3 regional district, or Indian tribe’’; and 

4 (B) in paragraph (5)— 

5 (i) by striking ‘‘State or Indian tribe’’ 

6 and inserting ‘‘State, regional district, or 

7 Indian tribe’’; and 

8 (ii) by striking ‘‘chief executive of the 

9 tribal government’’ and inserting ‘‘chief ex10 ecutive of the regional district or tribal gov11 ernment’’. 

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

13 Water Resources Development Act of 2007 (33 U.S.C. 

14 3303a) is amended— 

15 (1) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) in the matter preceding subpara18 graph (A)— 

19 (I) by striking ‘‘1 year after the 

20 date of enactment of this subsection’’ 

21 and inserting ‘‘1 year after the date of 

22 enactment of the Water Resources De23 velopment Act of 2016’’; and 

24 (II) by striking ‘‘State, local, and 

25 tribal governments and organizations’’ 
56 

•S 612 EAH 

1 and inserting ‘‘State, regional, local, 

2 and tribal governments and organiza3 tions’’; and 

4 (ii) in subparagraph (A) by striking 

5 ‘‘Federal, State, tribal, and local agencies’’ 

6 and inserting ‘‘Federal, State, regional, 

7 local, and tribal agencies’’; 

8 (B) in paragraph (3)— 

9 (i) in subparagraph (A) by striking 

10 ‘‘State, local, and tribal governments,’’ and 

11 inserting ‘‘State, regional, local, and tribal 

12 governments’’; and 

13 (ii) in subparagraph (B) by inserting 

14 ‘‘, regional, or tribal’’ after ‘‘State’’ each 

15 place it appears; and 

16 (C) in paragraph (5)(A) by striking 

17 ‘‘States, non-Federal interests, and other appro18 priate stakeholders’’ and inserting ‘‘States, re19 gional districts, Indian tribes, non-Federal inter20 ests, and other appropriate stakeholders’’; 

21 (2) in subsection (e)(1) in the matter preceding 

22 subparagraph (A) by striking ‘‘States, communities, 

23 and levee owners’’ and inserting ‘‘States, regional dis24 tricts, Indian tribes, communities, and levee owners’’; 

25 (3) in subsection (g)— 
57 

•S 612 EAH 

1 (A) in the subsection heading by striking 

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

3 REGIONAL, AND TRIBAL’’; 

4 (B) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘1 year after the 

7 date of enactment of this subsection’’ 

8 and inserting ‘‘1 year after the date of 

9 enactment of the Water Resources De10 velopment Act of 2016’’; and 

11 (II) by striking ‘‘State or tribal’’ 

12 and inserting ‘‘State, regional, or trib13 al’’; and 

14 (ii) in subparagraph (B)— 

15 (I) by striking ‘‘State and Indian 

16 tribe’’ and inserting ‘‘State, regional 

17 district, and Indian tribe’’; and 

18 (II) by striking ‘‘State or Indian 

19 tribe’’ and inserting ‘‘State, regional 

20 district, or Indian tribe’’; and 

21 (C) in paragraph (2)— 

22 (i) in the paragraph heading by strik23 ing ‘‘STATES’’ and inserting ‘‘STATES, RE24 GIONAL DISTRICTS, AND INDIAN TRIBES’’; 
58 

•S 612 EAH 

1 (ii) in subparagraph (A) by striking 

2 ‘‘States and Indian tribes’’ and inserting 

3 ‘‘States, regional districts, and Indian 

4 tribes’’; 

5 (iii) in subparagraph (B)— 

6 (I) in the matter preceding clause 

7 (i) by striking ‘‘State or Indian tribe’’ 

8 and inserting ‘‘State, regional district, 

9 or Indian tribe’’; 

10 (II) in clause (ii) by striking 

11 ‘‘levees within the State’’ and inserting 

12 ‘‘levees within the State or regional 

13 district’’; and 

14 (III) in clause (iii) by striking 

15 ‘‘State or Indian tribe’’ and inserting 

16 ‘‘State, regional district, or Indian 

17 tribe’’; 

18 (iv) in subparagraph (C)(ii) in the 

19 matter preceding subclause (I) by striking 

20 ‘‘State or tribal’’ and inserting ‘‘State, re21 gional, or tribal’’; and 

22 (v) in subparagraph (E)— 

23 (I) by striking ‘‘States and In24 dian tribes’’ each place it appears and 
59 

•S 612 EAH 

1 inserting ‘‘States, regional districts, 

2 and Indian tribes’’; 

3 (II) in clause (ii)(II)— 

4 (aa) in the matter preceding 

5 item (aa) by striking ‘‘State or 

6 Indian tribe’’ and inserting 

7 ‘‘State, regional district, or In8 dian tribe’’; 

9 (bb) in item (aa) by striking 

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

11 inserting ‘‘miles of levees in the 

12 State or regional district’’; and 

13 (cc) in item (bb) by striking 

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

15 inserting ‘‘miles of levees in all 

16 States and regional districts’’; 

17 and 

18 (III) in clause (iii)— 

19 (aa) by striking ‘‘State or 

20 Indian tribe’’ and inserting 

21 ‘‘State, regional district, or In22 dian tribe’’; and 

23 (bb) by striking ‘‘State or 

24 tribal’’ and inserting ‘‘State, re25 gional, or tribal’’; and 
60 

•S 612 EAH 

1 (4) in subsection (h)— 

2 (A) in paragraph (1) by striking ‘‘States, 

3 Indian tribes, and local governments’’ and in4 serting ‘‘States, regional districts, Indian tribes, 

5 and local governments’’; 

6 (B) in paragraph (2)— 

7 (i) in the matter preceding subpara8 graph (A) by striking ‘‘State, Indian tribe, 

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

10 regional district, Indian tribe, or local gov11 ernment’’; and 

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

13 preceding clause (i) by striking ‘‘State or 

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

15 tribal’’; 

16 (C) in paragraph (3)— 

17 (i) in subparagraph (A) by striking 

18 ‘‘State, Indian tribe, or local government’’ 

19 and inserting ‘‘State, regional district, In20 dian tribe, or local government’’; and 

21 (ii) in subparagraph (D) by striking 

22 ‘‘180 days after the date of enactment of 

23 this subsection’’ and inserting ‘‘180 days 

24 after the date of enactment of the Water Re25 sources Development Act of 2016’’; and 
61 

•S 612 EAH 

1 (D) in paragraph (4)(A)(i) by striking 

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

3 or tribal’’. 

4 (d) REPORTS.—Section 9006 of the Water Resources 

5 Development Act of 2007 (33 U.S.C. 3303b) is amended— 

6 (1) in subsection (a)(1)— 

7 (A) in the matter preceding subparagraph 

8 (A) by striking ‘‘1 year after the date of enact9 ment of this subsection’’ and inserting ‘‘1 year 

10 after the date of enactment of the Water Re11 sources Development Act of 2016’’; and 

12 (B) in subparagraph (B) by striking ‘‘State 

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

14 tribal’’; 

15 (2) in subsection (c)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by striking ‘‘2 years after the date 

19 of enactment of this subsection’’ and insert20 ing ‘‘2 years after the date of enactment of 

21 the Water Resources Development Act of 

22 2016’’; and 

23 (ii) by striking ‘‘State, tribal, and 

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

25 and local’’; 
62 

•S 612 EAH 

1 (B) in paragraph (2) by striking ‘‘State 

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

3 tribal’’; and 

4 (C) in paragraph (4) by striking ‘‘State 

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

6 and local’’; and 

7 (3) in subsection (d)— 

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

9 by striking ‘‘1 year after the date of enactment 

10 of this subsection’’ and inserting ‘‘1 year after 

11 the date of enactment of the Water Resources De12 velopment Act of 2016’’; and 

13 (B) in paragraph (2) by striking ‘‘State or 

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

15 SEC. 1131. PARTICIPATION OF NON-FEDERAL INTERESTS. 

16 Section 221(b)(1) of the Flood Control Act of 1970 (42 

17 U.S.C. 1962d–5b(b)(1)) is amended by inserting ‘‘and, as 

18 defined in section 3 of the Alaska Native Claims Settlement 

19 Act (43 U.S.C. 1602), a Native village, Regional Corpora20 tion, and Village Corporation’’ after ‘‘Indian tribe’’. 

21 SEC. 1132. POST-AUTHORIZATION CHANGE REPORTS. 

22 (a) IN GENERAL.—The completion of a post-authoriza23 tion change report prepared by the Corps of Engineers for 

24 a water resources development project— 
63 

•S 612 EAH 

1 (1) may not be delayed as a result of consider2 ation being given to changes in policy or priority 

3 with respect to project consideration; and 

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

5 (A) the Committee on Environment and 

6 Public Works of the Senate; and 

7 (B) the Committee on Transportation and 

8 Infrastructure of the House of Representatives. 

9 (b) COMPLETION REVIEW.—With respect to a post-au10 thorization change report subject to review by the Secretary, 

11 the Secretary shall, not later than 120 days after the date 

12 of completion of such report— 

13 (1) review the report; and 

14 (2) provide to Congress any recommendations of 

15 the Secretary regarding modification of the applicable 

16 water resources development project. 

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

18 the date of enactment of this Act, with respect to any post19 authorization change report that was completed prior to the 

20 date of enactment of this Act and is subject to a review 

21 by the Secretary that has yet to be completed, the Secretary 

22 shall complete review of, and provide recommendations to 

23 Congress with respect to, the report. 
64 

•S 612 EAH 

1 (d) POST-AUTHORIZATION CHANGE REPORT INCLU2 SIONS.—In this section, the term ‘‘post-authorization 

3 change report’’ includes— 

4 (1) a general reevaluation report; 

5 (2) a limited reevaluation report; and 

6 (3) any other report that recommends the modi7 fication of an authorized water resources development 

8 project. 

9 SEC. 1133. MAINTENANCE DREDGING DATA. 

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

11 maintain, and make publicly available a database on 

12 maintenance dredging carried out by the Secretary, which 

13 shall include information on maintenance dredging carried 

14 out by Federal and non-Federal vessels. 

15 (b) SCOPE.—The Secretary shall include in the data16 base maintained under subsection (a), for each maintenance 

17 dredging project and contract, estimated and actual data 

18 on— 

19 (1) the volume of dredged material removed; 

20 (2) the initial cost estimate of the Corps of Engi21 neers; 

22 (3) the total cost; 

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

24 and 
65 

•S 612 EAH 

1 (5) the number of private contractor bids re2 ceived and the bid amounts, including bids that did 

3 not win the final contract award. 

4 SEC. 1134. ELECTRONIC SUBMISSION AND TRACKING OF 

5 PERMIT APPLICATIONS. 

6 (a) IN GENERAL.—Section 2040 of the Water Re7 sources Development Act of 2007 (33 U.S.C. 2345) is 

8 amended to read as follows: 

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

10 PERMIT APPLICATIONS. 

11 ‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 

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

13 develop, and implement an electronic system to allow 

14 the electronic preparation and submission of applica15 tions for permits and requests for jurisdictional deter16 minations under the jurisdiction of the Secretary. 

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

18 under paragraph (1) shall address— 

19 ‘‘(A) applications for standard individual 

20 permits; 

21 ‘‘(B) applications for letters of permission; 

22 ‘‘(C) joint applications with States for 

23 State and Federal permits; 

24 ‘‘(D) applications for emergency permits; 
66 

•S 612 EAH 

1 ‘‘(E) applications or requests for jurisdic2 tional determinations; and 

3 ‘‘(F) preconstruction notification submis4 sions, when required for a nationwide or other 

5 general permit. 

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

7 Secretary shall seek to incorporate the electronic sys8 tem required under paragraph (1) into existing sys9 tems and databases of the Corps of Engineers to the 

10 maximum extent practicable. 

11 ‘‘(4) PROTECTION OF INFORMATION.—The elec12 tronic system required under paragraph (1) shall pro13 vide for the protection of personal, private, privileged, 

14 confidential, and proprietary information, and infor15 mation the disclosure of which is otherwise prohibited 

16 by law. 

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

18 required under subsection (a) shall— 

19 ‘‘(1) enable an applicant or requester to prepare 

20 electronically an application for a permit or request; 

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

22 to the Secretary, by email or other means through the 

23 Internet, the completed application form or request; 

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

25 to the Secretary, by email or other means through the 
67 

•S 612 EAH 

1 Internet, data and other information in support of 

2 the permit application or request; 

3 ‘‘(4) provide an online interactive guide to pro4 vide assistance to an applicant or requester at any 

5 time while filling out the permit application or re6 quest; and 

7 ‘‘(5) enable an applicant or requester (or a des8 ignated agent) to track the status of a permit applica9 tion or request in a manner that will— 

10 ‘‘(A) allow the applicant or requester to de11 termine whether the application is pending or 

12 final and the disposition of the request; 

13 ‘‘(B) allow the applicant or requester to re14 search previously submitted permit applications 

15 and requests within a given geographic area and 

16 the results of such applications or requests; and 

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

18 location of the activities subject to a permit or 

19 request through a map-based interface. 

20 ‘‘(c) DOCUMENTATION.—All permit decisions and ju21 risdictional determinations made by the Secretary shall be 

22 in writing and include documentation supporting the basis 

23 for the decision or determination. The Secretary shall pre24 scribe means for documenting all decisions or determina25 tions to be made by the Secretary. 
68 

•S 612 EAH 

1 ‘‘(d) RECORD OF DETERMINATIONS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall main3 tain, for a minimum of 5 years, a record of each per4 mit decision and jurisdictional determination made 

5 by the Secretary, including documentation supporting 

6 the basis of the decision or determination. 

7 ‘‘(2) ARCHIVING OF INFORMATION.—The Sec8 retary shall explore and implement an appropriate 

9 mechanism for archiving records of permit decisions 

10 and jurisdictional determinations, including docu11 mentation supporting the basis of the decisions and 

12 determinations, after the 5-year maintenance period 

13 described in paragraph (1). 

14 ‘‘(e) AVAILABILITY OF DETERMINATIONS.— 

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

16 records of all permit decisions and jurisdictional de17 terminations made by the Secretary available to the 

18 public for review and reproduction. 

19 ‘‘(2) PROTECTION OF INFORMATION.—The Sec20 retary shall provide for the protection of personal, 

21 private, privileged, confidential, and proprietary in22 formation, and information the disclosure of which is 

23 prohibited by law, which may be excluded from dis24 closure. 
69 

•S 612 EAH 

1 ‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLEMEN2 TATION.— 

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

4 and implement, to the maximum extent practicable, 

5 the electronic system required under subsection (a) 

6 not later than 2 years after the date of enactment of 

7 the Water Resources Development Act of 2016. 

8 ‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLE9 MENTATION.—Not later than 180 days after the expi10 ration of the deadline under paragraph (1), the Sec11 retary shall submit to the Committee on Transpor12 tation and Infrastructure of the House of Representa13 tives and the Committee on Environment and Public 

14 Works of the Senate a report describing the measures 

15 implemented and barriers faced in carrying out this 

16 section. 

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

18 subsections (c), (d), and (e) shall apply to permit applica19 tions and requests for jurisdictional determinations sub20 mitted to the Secretary after the date of enactment of the 

21 Water Resources Development Act of 2016. 

22 ‘‘(h) LIMITATION.—This section shall not preclude the 

23 submission to the Secretary, acting through the Chief of En24 gineers, of a physical copy of a permit application or a 

25 request for a jurisdictional determination.’’. 
70 

•S 612 EAH 

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

2 section 1(b) of the Water Resources Development Act of 2007 

3 is amended by striking the item relating to section 2040 

4 and inserting the following: 

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

5 SEC. 1135. DATA TRANSPARENCY. 

6 Section 2017 of the Water Resources Development Act 

7 of 2007 (33 U.S.C. 2342) is amended to read as follows: 

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

9 ‘‘(a) IN GENERAL.—Using available funds, the Sec10 retary shall make publicly available, including on the Inter11 net, all data in the custody of the Corps of Engineers on— 

12 ‘‘(1) the planning, design, construction, oper13 ation, and maintenance of water resources develop14 ment projects; and 

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

16 projects owned, operated, or managed by the Corps of 

17 Engineers. 

18 ‘‘(b) LIMITATION.—Nothing in this section may be con19 strued to compel or authorize the disclosure of data or other 

20 information determined by the Secretary to be confidential 

21 information, privileged information, law enforcement infor22 mation, national security information, infrastructure secu23 rity information, personal information, or information the 

24 disclosure of which is otherwise prohibited by law. 
71 

•S 612 EAH 

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

2 made publicly available under subsection (a) as quickly as 

3 practicable after the data is generated by the Corps of Engi4 neers. 

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

6 Secretary may develop partnerships, including through co7 operative agreements, with State, tribal, and local govern8 ments and other Federal agencies.’’. 

9 SEC. 1136. QUALITY CONTROL. 

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

11 of the Act of December 22, 1944 (58 Stat. 888, chapter 665; 

12 33 U.S.C. 701–1(a)), is amended by inserting ‘‘and shall 

13 be made publicly available’’ before the period at the end 

14 of the last sentence. 

15 (b) PROJECT ADMINISTRATION.—Section 2041(b)(1) of 

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

17 2346(b)(1)) is amended by inserting ‘‘final post-authoriza18 tion change report,’’ after ‘‘final reevaluation report,’’. 

19 SEC. 1137. REPORT ON PURCHASE OF FOREIGN MANUFAC20 TURED ARTICLES. 

21 Section 213(a) of the Water Resources Development 

22 Act of 1992 (Public Law 102–580; 106 Stat. 4831) is 

23 amended by adding at the end the following: 

24 ‘‘(4) REPORT ON PURCHASE OF FOREIGN MANU25 FACTURED ARTICLES.— 
72 

•S 612 EAH 

1 ‘‘(A) IN GENERAL.—In the first annual re2 port submitted to Congress after the date of en3 actment of this paragraph in accordance with 

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

5 424, chapter 860; 33 U.S.C. 556), and section 

6 925(b) of the Water Resources Development Act 

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

8 include a report on the amount of acquisitions 

9 in the prior fiscal year made by the Corps of 

10 Engineers for civil works projects from entities 

11 that manufactured the articles, materials, or 

12 supplies outside of the United States. 

13 ‘‘(B) CONTENTS.—The report required 

14 under subparagraph (A) shall indicate, for each 

15 category of acquisition— 

16 ‘‘(i) the dollar value of articles, mate17 rials, and supplies purchased that were 

18 manufactured outside of the United States; 

19 and 

20 ‘‘(ii) a summary of the total procure21 ment funds spent on goods manufactured in 

22 the United States and the total procurement 

23 funds spent on goods manufactured outside 

24 of the United States. 
73 

•S 612 EAH 

1 ‘‘(C) PUBLIC AVAILABILITY.—Not later than 

2 30 days after the submission of the report re3 quired under subparagraph (A), the Secretary 

4 shall make such report publicly available, in5 cluding on the Internet.’’. 

6 SEC. 1138. INTERNATIONAL OUTREACH PROGRAM. 

7 Section 401(a) of the Water Resources Development 

8 Act of 1992 (33 U.S.C. 2329(a)) is amended to read as fol9 lows: 

10 ‘‘(a) AUTHORIZATION.— 

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

12 in activities to inform the United States of techno13 logical innovations abroad that could significantly 

14 improve water resources development in the United 

15 States. 

16 ‘‘(2) INCLUSIONS.—Activities under paragraph 

17 (1) may include— 

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

19 and dissemination of information about foreign 

20 water resources projects that could significantly 

21 improve water resources development in the 

22 United States; 

23 ‘‘(B) research, development, training, and 

24 other forms of technology transfer and exchange; 

25 and 
74 

•S 612 EAH 

1 ‘‘(C) offering technical services that cannot 

2 be readily obtained in the private sector to be in3 corporated into water resources projects if the 

4 costs for assistance will be recovered under the 

5 terms of each project.’’. 

6 SEC. 1139. DAM SAFETY REPAIR PROJECTS. 

7 The Secretary shall issue guidance— 

8 (1) on the types of circumstances under which 

9 the requirement in section 1203(a) of the Water Re10 sources Development Act of 1986 (33 U.S.C. 467n(a)) 

11 relating to state-of-the-art design or construction cri12 teria deemed necessary for safety purposes applies to 

13 a dam safety repair project; 

14 (2) to assist district offices of the Corps of Engi15 neers in communicating with non-Federal interests 

16 when entering into and implementing cost-sharing 

17 agreements for dam safety repair projects; and 

18 (3) to assist the Corps of Engineers in commu19 nicating with non-Federal interests concerning the es20 timated and final cost-share responsibilities of the 

21 non-Federal interests under agreements for dam safe22 ty repair projects. 
75 

•S 612 EAH 

1 SEC. 1140. FEDERAL COST LIMITATION FOR CERTAIN 

2 PROJECTS. 

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

4 of 2000 (42 U.S.C. 1962d–22(c)) is amended by adding at 

5 the end the following: 

6 ‘‘(5) RECREATION FEATURES.—A project carried 

7 out pursuant to this subsection may include compat8 ible recreation features as determined by the Sec9 retary, except that the Federal costs of such features 

10 may not exceed 10 percent of the Federal ecosystem 

11 restoration costs of the project.’’. 

12 SEC. 1141. LAKE KEMP, TEXAS. 

13 Section 3149(a) of the Water Resources Development 

14 Act of 2007 (Public Law 110–114; 121 Stat. 1147) is 

15 amended— 

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

17 and 

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

19 Water Resources Development Act of 2016’’. 

20 SEC. 1142. CORROSION PREVENTION. 

21 Section 1033 of the Water Resources Reform and De22 velopment Act of 2014 (33 U.S.C. 2350) is amended by add23 ing at the end the following: 

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

25 to Congress after the date of enactment of this subsection 

26 in accordance with section 8 of the Act of August 11, 1888 
76 

•S 612 EAH 

1 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 

2 925(b) of the Water Resources Development Act of 1986 (33 

3 U.S.C. 2295(b)), the Secretary shall report on the corrosion 

4 prevention activities encouraged under this section, includ5 ing— 

6 ‘‘(1) a description of the actions the Secretary 

7 has taken to implement this section; and 

8 ‘‘(2) a description of the projects utilizing corro9 sion prevention activities, including which activities 

10 were undertaken.’’. 

11 SEC. 1143. SEDIMENT SOURCES. 

12 (a) IN GENERAL.—The Secretary is authorized to un13 dertake a study of the economic and noneconomic costs, ben14 efits, and impacts of acquiring by purchase, exchange, or 

15 otherwise sediment from domestic and nondomestic sources 

16 for shoreline protection. 

17 (b) REPORT.—Upon completion of the study, the Sec18 retary shall report to Congress on the availability, benefits, 

19 and impacts, of using domestic and nondomestic sources of 

20 sediment for shoreline protection. 

21 SEC. 1144. PRIORITIZATION OF CERTAIN PROJECTS. 

22 The Secretary shall give priority to a project for flood 

23 risk management if— 

24 (1) there is an executed project partnership 

25 agreement for the project; and 
77 

•S 612 EAH 

1 (2) the project is located in an area— 

2 (A) with respect to which— 

3 (i) there has been a loss of life due to 

4 flood events; and 

5 (ii) the President has declared that a 

6 major disaster or emergency exists under 

7 section 401 of the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5170); or 

10 (B) that is at significant risk for cata11 strophic flooding. 

12 SEC. 1145. GULF COAST OYSTER BED RECOVERY ASSESS13 MENT. 

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

15 ‘‘Gulf States’’ means each of the States of Alabama, Florida, 

16 Louisiana, Mississippi, and Texas. 

17 (b) GULF COAST OYSTER BED RECOVERY ASSESS18 MENT.—The Secretary, in coordination with the Gulf 

19 States, shall conduct an assessment relating to the recovery 

20 of oyster beds on the coasts of the Gulf States that were 

21 damaged by events, including— 

22 (1) Hurricane Katrina in 2005; 

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

24 (3) floods in 2011 and 2016. 
78 

•S 612 EAH 

1 (c) INCLUSION.—The assessment conducted under sub2 section (b) shall address the beneficial use of dredged mate3 rial in providing substrate for oyster bed development. 

4 (d) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, the Secretary shall submit to the 

6 Committee on Environment and Public Works of the Senate 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives a report on the assessment 

9 conducted under subsection (b). 

10 SEC. 1146. INITIATING WORK ON SEPARABLE ELEMENTS. 

11 With respect to a water resources development project 

12 that has received construction funds in the previous 6-year 

13 period, for purposes of initiating work on a separable ele14 ment of the project— 

15 (1) no new start or new investment decision 

16 shall be required; and 

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

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

19 FANNIN COUNTY, TEXAS. 

20 (a) FINALIZATION REQUIRED.—The Secretary shall 

21 ensure that environmental decisions and reviews related to 

22 the construction of, impoundment of water in, and oper23 ation of the Lower Bois d’Arc Creek Reservoir Project, in24 cluding any associated water transmission facilities, by the 

25 North Texas Municipal Water District in Fannin County, 
79 

•S 612 EAH 

1 Texas, are made on an expeditious basis using the fastest 

2 applicable process. 

3 (b) INTERIM REPORT.—Not later than June 30, 2017, 

4 the Secretary shall report to Congress on the implementa5 tion of subsection (a). 

6 SEC. 1148. RECREATIONAL ACCESS AT CORPS OF ENGI7 NEERS RESERVOIRS. 

8 Section 1035 of the Water Resources Reform and De9 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

10 1234) is amended— 

11 (1) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) RECREATIONAL ACCESS.—The Secretary shall 

14 allow the use of a floating cabin on waters under the juris15 diction of the Secretary in the Cumberland River basin if— 

16 ‘‘(1) the floating cabin— 

17 ‘‘(A) is in compliance with, and main18 tained by the owner to satisfy the requirements 

19 of, regulations for recreational vessels, including 

20 health and safety standards, issued under chap21 ter 43 of title 46, United States Code, and sec22 tion 312 of the Federal Water Pollution Control 

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

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

25 Corps of Engineers; and 
80 

•S 612 EAH 

1 ‘‘(2) the Secretary has authorized the use of rec2 reational vessels on such waters.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

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

6 be construed to authorize the Secretary to impose re7 quirements on a floating cabin or on any facility that 

8 serves a floating cabin, including marinas or docks 

9 located on waters under the jurisdiction of the Sec10 retary in the Cumberland River basin, that are dif11 ferent or more stringent than the requirements im12 posed on all recreational vessels authorized to use 

13 such waters. 

14 ‘‘(2) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

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

17 meaning given that term in section 3 of title 1, 

18 United States Code. 

19 ‘‘(B) REQUIREMENT.—The term ‘require20 ment’ includes a requirement imposed through 

21 the utilization of guidance.’’. 

22 SEC. 1149. NO WAKE ZONES IN NAVIGATION CHANNELS. 

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

24 official, the Secretary, in consultation with the Com25 mandant of the Coast Guard, shall promptly identify and, 
81 

•S 612 EAH 

1 subject to the considerations in subsection (b), allow the im2 plementation of measures for addressing navigation safety 

3 hazards in a covered navigation channel resulting from 

4 wakes created by recreational vessels identified by such offi5 cial, while maintaining the navigability of the channel. 

6 (b) CONSIDERATIONS.—In identifying measures under 

7 subsection (a) with respect to a covered navigation channel, 

8 the Secretary shall consider, at a minimum, whether— 

9 (1) State or local law enforcement officers have 

10 documented the existence of safety hazards in the 

11 channel that are the direct result of excessive wakes 

12 from recreational vessels present in the channel; 

13 (2) the Secretary has made a determination that 

14 safety concerns exist in the channel and that the pro15 posed measures will remedy those concerns without 

16 significant impacts to the navigable capacity of the 

17 channel; and 

18 (3) the measures are consistent with any rec19 ommendations made by the Commandant of the Coast 

20 Guard to ensure the safety of vessels operating in the 

21 channel and the safety of the passengers and crew 

22 aboard such vessels. 

23 (c) COVERED NAVIGATION CHANNEL DEFINED.—In 

24 this section, the term ‘‘covered navigation channel’’ means 

25 a navigation channel that— 
82 

•S 612 EAH 

1 (1) is federally marked or maintained; 

2 (2) is part of the Atlantic Intracoastal Water3 way; and 

4 (3) is adjacent to a marina. 

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

6 be construed to relieve the master, pilot, or other person re7 sponsible for determining the speed of a vessel from the obli8 gation to comply with the inland navigation regulations 

9 promulgated pursuant to section 3 of the Inland Naviga10 tional Rules Act of 1980 (33 U.S.C. 2071) or any other 

11 applicable laws or regulations governing the safe navigation 

12 of a vessel. 

13 SEC. 1150. ICE JAM PREVENTION AND MITIGATION. 

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

15 projects under section 205 of the Flood Control Act of 1948 

16 (33 U.S.C. 701s), including planning, design, construction, 

17 and monitoring of structural and nonstructural tech18 nologies and measures, for preventing and mitigating flood 

19 damages associated with ice jams. 

20 (b) INCLUSION.—The projects described in subsection 

21 (a) may include the development and demonstration of cost22 effective technologies and designs developed in consultation 

23 with— 

24 (1) the Cold Regions Research and Engineering 

25 Laboratory of the Corps of Engineers; 
83 

•S 612 EAH 

1 (2) universities; 

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

3 (4) private organizations. 

4 (c) PILOT PROGRAM.— 

5 (1) IN GENERAL.—During fiscal years 2017 

6 through 2022, the Secretary shall identify and carry 

7 out not fewer than 10 projects under this section to 

8 demonstrate technologies and designs developed in ac9 cordance with this section. 

10 (2) PROJECT SELECTION.—The Secretary shall 

11 ensure that the projects are selected from all cold re12 gions of the United States, including the Upper Mis13 souri River Basin and the Northeast. 

14 SEC. 1151. STRUCTURAL HEALTH MONITORING. 

15 (a) IN GENERAL.—The Secretary shall design and de16 velop a structural health monitoring program to assess and 

17 improve the condition of infrastructure constructed and 

18 maintained by the Corps of Engineers, including research, 

19 design, and development of systems and frameworks for— 

20 (1) response to flood and earthquake events; 

21 (2) predisaster mitigation measures; 

22 (3) lengthening the useful life of the infrastruc23 ture; and 

24 (4) identifying risks due to sea level rise. 
84 

•S 612 EAH 

1 (b) CONSULTATION AND CONSIDERATIONS.—In devel2 oping the program under subsection (a), the Secretary 

3 shall— 

4 (1) consult with academic and other experts; and 

5 (2) consider models for maintenance and repair 

6 information, the development of degradation models 

7 for real-time measurements and environmental in8 puts, and research on qualitative inspection data as 

9 surrogate sensors. 

10 SEC. 1152. KENNEWICK MAN. 

11 (a) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) CLAIMANT TRIBES.—The term ‘‘claimant 

14 tribes’’ means the Confederated Tribes of the Colville 

15 Reservation, the Confederated Tribes and Bands of 

16 the Yakama Nation, the Nez Perce Tribe, the Confed17 erated Tribes of the Umatilla Indian Reservation, 

18 and the Wanapum Band of Priest Rapids. 

19 (2) DEPARTMENT.—The term ‘‘Department’’ 

20 means the Washington State Department of Archae21 ology and Historic Preservation. 

22 (3) HUMAN REMAINS.—The term ‘‘human re23 mains’’ means the human remains that— 

24 (A) are known as Kennewick Man or the 

25 Ancient One, which includes the projectile point 
85 

•S 612 EAH 

1 lodged in the right ilium bone, as well as any 

2 residue from previous sampling and studies; and 

3 (B) are part of archaeological collection 

4 number 45BN495. 

5 (b) TRANSFER.—Notwithstanding any other provision 

6 of Federal law, including the Native American Graves Pro7 tection and Repatriation Act (25 U.S.C. 3001 et seq.), or 

8 law of the State of Washington, not later than 90 days after 

9 the date of enactment of this Act, the Secretary, acting 

10 through the Chief of Engineers, shall transfer the human 

11 remains to the Department, on the condition that the De12 partment, acting through the State Historic Preservation 

13 Officer, disposes of the human remains and repatriates the 

14 human remains to the claimant tribes. 

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

16 subject to the following terms and conditions: 

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

18 claimant tribes is contingent upon the claimant tribes 

19 following the Department’s requirements in the Re20 vised Code of Washington. 

21 (2) The claimant tribes verify to the Department 

22 their agreement on the final burial place of the 

23 human remains. 
86 

•S 612 EAH 

1 (3) The claimant tribes verify to the Department 

2 their agreement that the human remains will be bur3 ied in the State of Washington. 

4 (4) The claimant tribes verify to the Department 

5 their agreement that the Department will take legal 

6 custody of the human remains upon the transfer by 

7 the Secretary. 

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

9 for any costs associated with the transfer. 

10 (e) LIMITATIONS.— 

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

12 solely to the human remains portion of the archae13 ological collection. 

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

15 further responsibility for the human remains trans16 ferred pursuant to subsection (b) after the date of the 

17 transfer. 

18 SEC. 1153. AUTHORITY TO ACCEPT AND USE MATERIALS 

19 AND SERVICES. 

20 Section 1024 of the Water Resources Reform and De21 velopment Act of 2014 (33 U.S.C. 2325a) is amended— 

22 (1) by striking subsection (a) and inserting the 

23 following: 

24 ‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec25 retary is authorized to accept and use materials, services, 
87 

•S 612 EAH 

1 or funds contributed by a non-Federal public entity, a non2 profit entity, or a private entity to repair, restore, replace, 

3 or maintain a water resources project in any case in which 

4 the District Commander determines that— 

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

6 functioning of the project for the authorized purposes 

7 of the project; and 

8 ‘‘(2) acceptance of the materials and services or 

9 funds is in the public interest.’’; 

10 (2) by redesignating subsection (c) as subsection 

11 (d); 

12 (3) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) ADDITIONAL REQUIREMENTS.— 

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

16 Secretary may only use materials or services accepted 

17 under this section if such materials and services com18 ply with all applicable laws and regulations that 

19 would apply if such materials and services were ac20 quired by the Secretary. 

21 ‘‘(2) SUPPLEMENTARY SERVICES.—The Secretary 

22 may only accept and use services under this section 

23 that provide supplementary services to existing Fed24 eral employees, and may only use such services to 

25 perform work that would not otherwise be accom-
88 

•S 612 EAH 

1 plished as a result of funding or personnel limita2 tions.’’; and 

3 (4) in subsection (d) (as redesignated by para4 graph (2)) in the matter preceding paragraph (1)— 

5 (A) by striking ‘‘Not later than 60 days 

6 after initiating an activity under this section,’’ 

7 and inserting ‘‘Not later than February 1 of each 

8 year after the first fiscal year in which mate9 rials, services, or funds are accepted under this 

10 section,’’; and 

11 (B) by striking ‘‘a report’’ and inserting 

12 ‘‘an annual report’’. 

13 SEC. 1154. MUNITIONS DISPOSAL. 

14 Section 1027 of the Water Resources Reform and De15 velopment Act of 2014 (33 U.S.C. 426e–2) is amended— 

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

17 paragraph (1), by inserting ‘‘, at full Federal ex18 pense,’’ after ‘‘The Secretary may’’; and 

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

20 inserting ‘‘reimbursed’’. 

21 SEC. 1155. MANAGEMENT OF RECREATION FACILITIES. 

22 Section 225 of the Water Resources Development Act 

23 of 1992 (33 U.S.C. 2328) is amended— 

24 (1) by redesignating subsection (c) as subsection 

25 (d); and 
89 

•S 612 EAH 

1 (2) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) USER FEES.— 

4 ‘‘(1) COLLECTION OF FEES.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 allow a non-Federal public entity that has en7 tered into an agreement pursuant to subsection 

8 (b) to collect user fees for the use of developed 

9 recreation sites and facilities, whether developed 

10 or constructed by that entity or the Department 

11 of the Army. 

12 ‘‘(B) USE OF VISITOR RESERVATION SERV13 ICES.—A non-Federal public entity described in 

14 subparagraph (A) may use, to manage fee collec15 tions and reservations under this section, any 

16 visitor reservation service that the Secretary has 

17 provided for by contract or interagency agree18 ment, subject to such terms and conditions as the 

19 Secretary determines to be appropriate. 

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

21 that collects user fees under paragraph (1)— 

22 ‘‘(A) may retain up to 100 percent of the 

23 fees collected, as determined by the Secretary; 

24 and 
90 

•S 612 EAH 

1 ‘‘(B) notwithstanding section 210(b)(4) of 

2 the Flood Control Act of 1968 (16 U.S.C. 460d– 

3 3(b)(4)), shall use any retained amount for oper4 ation, maintenance, and management activities 

5 at the recreation site at which the fee is collected. 

6 ‘‘(3) TERMS AND CONDITIONS.—The authority of 

7 a non-Federal public entity under this subsection 

8 shall be subject to such terms and conditions as the 

9 Secretary determines necessary to protect the interests 

10 of the United States.’’. 

11 SEC. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY 

12 SECRETARY. 

13 (a) IN GENERAL.—Section 14 of the Act of March 3, 

14 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), is 

15 amended— 

16 (1) by striking ‘‘That it shall not be lawful’’ and 

17 inserting the following: 

18 ‘‘(a) PROHIBITIONS AND PERMISSIONS.—It shall not 

19 be lawful’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(b) CONCURRENT REVIEW.— 

22 ‘‘(1) NEPA REVIEW.— 

23 ‘‘(A) IN GENERAL.—In any case in which 

24 an activity subject to this section requires a re25 view under the National Environmental Policy 
91 

•S 612 EAH 

1 Act of 1969 (42 U.S.C. 4321 et seq.), review and 

2 approval of the activity under this section shall, 

3 to the maximum extent practicable, occur con4 currently with any review and decisions made 

5 under that Act. 

6 ‘‘(B) CORPS OF ENGINEERS AS A COOPER7 ATING AGENCY.—If the Corps of Engineers is not 

8 the lead Federal agency for an environmental re9 view described in subparagraph (A), the Corps of 

10 Engineers shall, to the maximum extent prac11 ticable and consistent with Federal laws— 

12 ‘‘(i) participate in the review as a co13 operating agency (unless the Corps of Engi14 neers does not intend to submit comments 

15 on the project); and 

16 ‘‘(ii) adopt and use any environmental 

17 document prepared under the National En18 vironmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.) by the lead agency to the same 

20 extent that a Federal agency could adopt or 

21 use a document prepared by another Fed22 eral agency under— 

23 ‘‘(I) the National Environmental 

24 Policy Act of 1969 (42 U.S.C. 4321 et 

25 seq.); and 
92 

•S 612 EAH 

1 ‘‘(II) parts 1500 through 1508 of 

2 title 40, Code of Federal Regulations 

3 (or successor regulations). 

4 ‘‘(2) REVIEWS BY SECRETARY.—In any case in 

5 which the Secretary must approve an action under 

6 this section and under another authority, including 

7 sections 9 and 10 of this Act, section 404 of the Fed8 eral Water Pollution Control Act (33 U.S.C. 1344), 

9 and section 103 of the Marine Protection, Research, 

10 and Sanctuaries Act of 1972 (33 U.S.C. 1413), the 

11 Secretary shall— 

12 ‘‘(A) coordinate applicable reviews and, to 

13 the maximum extent practicable, carry out the 

14 reviews concurrently; and 

15 ‘‘(B) adopt and use any document prepared 

16 by the Corps of Engineers for the purpose of 

17 complying with the same law and that addresses 

18 the same types of impacts in the same geographic 

19 area if such document, as determined by the Sec20 retary, is current and applicable. 

21 ‘‘(3) CONTRIBUTED FUNDS.—The Secretary may 

22 accept and expend funds received from non-Federal 

23 public or private entities to evaluate under this sec24 tion an alteration or permanent occupation or use of 

25 a work built by the United States. 
93 

•S 612 EAH 

1 ‘‘(c) TIMELY REVIEW.— 

2 ‘‘(1) COMPLETE APPLICATION.—On or before the 

3 date that is 30 days after the date on which the Sec4 retary receives an application for permission to take 

5 action affecting public projects pursuant to subsection 

6 (a), the Secretary shall inform the applicant whether 

7 the application is complete and, if it is not, what 

8 items are needed for the application to be complete. 

9 ‘‘(2) DECISION.—On or before the date that is 90 

10 days after the date on which the Secretary receives a 

11 complete application for permission under subsection 

12 (a), the Secretary shall— 

13 ‘‘(A) make a decision on the application; or 

14 ‘‘(B) provide a schedule to the applicant 

15 identifying when the Secretary will make a deci16 sion on the application. 

17 ‘‘(3) NOTIFICATION TO CONGRESS.—In any case 

18 in which a schedule provided under paragraph (2)(B) 

19 extends beyond 120 days from the date of receipt of 

20 a complete application, the Secretary shall provide to 

21 the Committee on Environment and Public Works of 

22 the Senate and the Committee on Transportation and 

23 Infrastructure of the House of Representatives an ex24 planation justifying the extended timeframe for re25 view.’’. 
94 

•S 612 EAH 

1 (b) GUIDANCE.—Section 1007 of the Water Resources 

2 Reform and Development Act of 2014 (33 U.S.C. 408a) is 

3 amended by adding at the end the following: 

4 ‘‘(f) GUIDANCE.— 

5 ‘‘(1) IN GENERAL.—Not later than 120 days 

6 after the date of enactment of this subsection, the Sec7 retary shall issue guidance on the implementation of 

8 this section. 

9 ‘‘(2) INCORPORATION.—In issuing guidance 

10 under paragraph (1), or any other regulation, guid11 ance, or engineering circular related to activities cov12 ered under section 14 of the Act of March 3, 1899 (30 

13 Stat. 1152, chapter 425; 33 U.S.C. 408), the Sec14 retary shall incorporate the requirements under this 

15 section. 

16 ‘‘(g) PRIORITIZATION.—The Secretary shall prioritize 

17 and complete the activities required of the Secretary under 

18 this section.’’. 

19 SEC. 1157. PROJECT COMPLETION. 

20 (a) COMPLETION OF PROJECTS AND PROGRAMS.— 

21 (1) IN GENERAL.—For any project or program of 

22 assistance authorized under section 219 of the Water 

23 Resources Development Act of 1992 (Public Law 102– 

24 580; 106 Stat. 4835), the Secretary is authorized to 

25 carry out the project to completion if— 
95 

•S 612 EAH 

1 (A) as of the date of enactment of this Act, 

2 the project has received more than $4,000,000 in 

3 Federal appropriations and those appropriations 

4 equal an amount that is greater than 80 percent 

5 of the authorized amount; 

6 (B) as of the date of enactment of this Act, 

7 significant progress has been demonstrated to8 ward completion of the project or segments of the 

9 project but the project is not complete; and 

10 (C) the benefits of the Federal investment 

11 will not be realized without completion of the 

12 project. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to the Sec15 retary to carry out this subsection $50,000,000 for fis16 cal years 2017 through 2021. 

17 (b) MODIFICATION OF PROJECTS OR PROGRAMS OF

18 ASSISTANCE.—Section 7001(f) of the Water Resources Re19 form and Development Act of 2014 (33 U.S.C. 2282d(f)) 

20 is amended by adding at the end the following: 

21 ‘‘(5) WATER RESOURCES DEVELOPMENT

22 PROJECT.—The term ‘water resources development 

23 project’ includes a project under an environmental in24 frastructure assistance program if authorized before 
96 

•S 612 EAH 

1 the date of enactment of the Water Resources Develop2 ment Act of 2016.’’. 

3 SEC. 1158. NEW ENGLAND DISTRICT HEADQUARTERS. 

4 (a) IN GENERAL.—Subject to subsection (b), using 

5 amounts available in the revolving fund established by the 

6 first section of the Act of July 27, 1953 (67 Stat. 199, chap7 ter 245; 33 U.S.C. 576), and not otherwise obligated, the 

8 Secretary may— 

9 (1) design, renovate, and construct additions to 

10 2 buildings located on Hanscom Air Force Base in 

11 Bedford, Massachusetts, for the headquarters of the 

12 New England District of the Corps of Engineers; and 

13 (2) carry out such construction and infrastruc14 ture improvements as are required to support the 

15 headquarters of the New England District of the 

16 Corps of Engineers, including any necessary demoli17 tion of the existing infrastructure. 

18 (b) REQUIREMENT.—In carrying out subsection (a), 

19 the Secretary shall ensure that the revolving fund estab20 lished by such first section is appropriately reimbursed 

21 from funds appropriated for programs that receive a benefit 

22 under this section. 

23 SEC. 1159. BUFFALO DISTRICT HEADQUARTERS. 

24 (a) IN GENERAL.—Subject to subsection (b), using 

25 amounts available in the revolving fund established by the 
97 

•S 612 EAH 

1 first section of the Act of July 27, 1953 (67 Stat. 199, chap2 ter 245; 33 U.S.C. 576), and not otherwise obligated, the 

3 Secretary may— 

4 (1) design and construct a new building in Buf5 falo, New York, for the headquarters of the Buffalo 

6 District of the Corps of Engineers; and 

7 (2) carry out such construction and infrastruc8 ture improvements as are required to support the 

9 headquarters and related installations and facilities 

10 of the Buffalo District of the Corps of Engineers, in11 cluding any necessary demolition or renovation of the 

12 existing infrastructure. 

13 (b) REQUIREMENT.—In carrying out subsection (a), 

14 the Secretary shall ensure that the revolving fund estab15 lished by such first section is appropriately reimbursed 

16 from funds appropriated for programs that receive a benefit 

17 under this section. 

18 SEC. 1160. FUTURE FACILITY INVESTMENT. 

19 The first section of the Act of July 27, 1953 (67 Stat. 

20 199, chapter 245; 33 U.S.C. 576), is amended— 

21 (1) by striking ‘‘For establishment of a revolving 

22 fund’’ and inserting the following: 

23 ‘‘(a) REVOLVING FUND.—For establishment of a re24 volving fund’’; and 

25 (2) by adding at the end the following: 
98 

•S 612 EAH 

1 ‘‘(b) PROHIBITION.— 

2 ‘‘(1) IN GENERAL.—No funds may be expended 

3 or obligated from the revolving fund described in sub4 section (a) to newly construct, or perform a major 

5 renovation on, a building for use by the Corps of En6 gineers unless specifically authorized by law. 

7 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

8 this subsection may be construed to— 

9 ‘‘(A) change any authority provided under 

10 subchapter I of chapter 169 of title 10; or 

11 ‘‘(B) change the use of funds under sub12 section (a) for purposes other than those de13 scribed in paragraph (1). 

14 ‘‘(c) TRANSMISSION TO CONGRESS OF PROSPECTUS.— 

15 To secure consideration for an authorization under sub16 section (b), the Secretary shall transmit to the Committee 

17 on Transportation and Infrastructure of the House of Rep18 resentative and the Committee on Environment and Public 

19 Works of the Senate a prospectus of the proposed construc20 tion or major renovation of a building that includes— 

21 ‘‘(1) a brief description of the building; 

22 ‘‘(2) the location of the building; 

23 ‘‘(3) an estimate of the maximum cost to be pro24 vided by the revolving fund for the building to be con25 structed or renovated; 
99 

•S 612 EAH 

1 ‘‘(4) the total size of the building after the pro2 posed construction or major renovation; 

3 ‘‘(5) the number of personnel proposed to be 

4 housed in the building after the construction or major 

5 renovation; 

6 ‘‘(6) a statement that other suitable space owned 

7 by the Federal Government is not available; 

8 ‘‘(7) a statement of rents and other housing costs 

9 currently being paid for the tenants proposed to be 

10 housed in the building; and 

11 ‘‘(8) the size of the building currently housing 

12 the tenants proposed to be housed in the building. 

13 ‘‘(d) PROVISION OF BUILDING PROJECT SURVEYS.— 

14 ‘‘(1) IN GENERAL.—If requested by resolution by 

15 the Committee on Environment and Public Works of 

16 the Senate or the Committee on Transportation and 

17 Infrastructure of the House of Representatives, the 

18 Secretary shall create a building project survey for 

19 the construction or major renovation of a building de20 scribed in subsection (b). 

21 ‘‘(2) REPORT.—Within a reasonable time after 

22 creating a building project survey under paragraph 

23 (1), the Secretary shall submit to Congress a report 

24 on the survey that includes the information required 

25 to be included in a prospectus under subsection (c). 
100 

•S 612 EAH 

1 ‘‘(e) MAJOR RENOVATION DEFINED.—In this section, 

2 the term ‘major renovation’ means a renovation or alter3 ation of a building for use by the Corps of Engineers with 

4 a total expenditure of more than $20,000,000.’’. 

5 SEC. 1161. COMPLETION OF ECOSYSTEM RESTORATION 

6 PROJECTS. 

7 Section 2039 of the Water Resources Development Act 

8 of 2007 (33 U.S.C. 2330a) is amended by adding at the 

9 end the following: 

10 ‘‘(d) INCLUSIONS.—A monitoring plan under sub11 section (b) shall include a description of— 

12 ‘‘(1) the types and number of restoration activi13 ties to be conducted; 

14 ‘‘(2) the physical action to be undertaken to 

15 achieve the restoration objectives of the project; 

16 ‘‘(3) the functions and values that will result 

17 from the restoration plan; and 

18 ‘‘(4) a contingency plan for taking corrective ac19 tions in cases in which monitoring demonstrates that 

20 restoration measures are not achieving ecological suc21 cess in accordance with criteria described in the mon22 itoring plan. 

23 ‘‘(e) CONCLUSION OF OPERATION AND MAINTENANCE

24 RESPONSIBILITY.—The responsibility of a non-Federal in25 terest for operation and maintenance of the nonstructural 
101 

•S 612 EAH 

1 and nonmechanical elements of a project, or a component 

2 of a project, for ecosystem restoration shall cease 10 years 

3 after the date on which the Secretary makes a determina4 tion of success under subsection (b)(2). 

5 ‘‘(f) FEDERAL OBLIGATIONS.—The Secretary is not re6 sponsible for the operation or maintenance of any compo7 nents of a project with respect to which a non-Federal inter8 est is released from obligations under subsection (e).’’. 

9 SEC. 1162. FISH AND WILDLIFE MITIGATION. 

10 Section 906 of the Water Resources Development Act 

11 of 1986 (33 U.S.C. 2283) is amended— 

12 (1) in subsection (h)— 

13 (A) in paragraph (4)— 

14 (i) by redesignating subparagraphs (D) 

15 and (E) as subparagraphs (E) and (F), re16 spectively; and 

17 (ii) by inserting after subparagraph 

18 (C) the following: 

19 ‘‘(D) include measures to protect or restore 

20 habitat connectivity;’’; 

21 (B) in paragraph (6)(C) by striking ‘‘im22 pacts’’ and inserting ‘‘impacts, including im23 pacts to habitat connectivity’’; and 

24 (C) by striking paragraph (11) and insert25 ing the following: 
102 

•S 612 EAH 

1 ‘‘(11) EFFECT.—Nothing in this subsection— 

2 ‘‘(A) requires the Secretary to undertake ad3 ditional mitigation for existing projects for 

4 which mitigation has already been initiated, in5 cluding the addition of fish passage to an exist6 ing water resources development project; or 

7 ‘‘(B) affects the mitigation responsibilities 

8 of the Secretary under any other provision of 

9 law.’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(j) USE OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, with the con13 sent of the applicable non-Federal interest, may use 

14 funds made available for preconstruction engineering 

15 and design after authorization of project construction 

16 to satisfy mitigation requirements through third17 party arrangements or to acquire interests in land 

18 necessary for meeting mitigation requirements under 

19 this section. 

20 ‘‘(2) NOTIFICATION.—Prior to the expenditure of 

21 any funds for a project pursuant to paragraph (1), 

22 the Secretary shall notify the Committee on Appro23 priations and the Committee on Transportation and 

24 Infrastructure of the House of Representatives and the 
103 

•S 612 EAH 

1 Committee on Appropriations and the Committee on 

2 Environment and Public Works of the Senate. 

3 ‘‘(k) MEASURES.—The Secretary shall consult with in4 terested members of the public, the Director of the United 

5 States Fish and Wildlife Service, the Assistant Adminis6 trator for Fisheries of the National Oceanic and Atmos7 pheric Administration, States, including State fish and 

8 game departments, and interested local governments to 

9 identify standard measures under subsection (h)(6)(C) that 

10 reflect the best available scientific information for evalu11 ating habitat connectivity.’’. 

12 SEC. 1163. WETLANDS MITIGATION. 

13 Section 2036(c) of the Water Resources Development 

14 Act of 2007 (33 U.S.C. 2317b) is amended to read as fol15 lows: 

16 ‘‘(c) MITIGATION BANKS AND IN-LIEU FEE ARRANGE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of the Water Resources De20 velopment Act of 2016, the Secretary shall issue im21 plementation guidance that provides for the consider22 ation in water resources development feasibility stud23 ies of the entire amount of potential in-kind credits 

24 available at mitigation banks approved by the Sec25 retary and in-lieu fee programs with an approved 
104 

•S 612 EAH 

1 service area that includes the location of the projected 

2 impacts of the water resources development project. 

3 ‘‘(2) REQUIREMENTS.—All potential mitigation 

4 bank and in-lieu fee credits that meet the criteria 

5 under paragraph (1) shall be considered a reasonable 

6 alternative for planning purposes if— 

7 ‘‘(A) the applicable mitigation bank— 

8 ‘‘(i) has an approved mitigation bank9 ing instrument; and 

10 ‘‘(ii) has completed a functional anal11 ysis of the potential credits using the ap12 proved Corps of Engineers certified habitat 

13 assessment model specific to the region; and 

14 ‘‘(B) the Secretary determines that the use 

15 of such banks or in-lieu fee programs provide 

16 reasonable assurance that the statutory (and reg17 ulatory) mitigation requirements for a water re18 sources development project are met, including 

19 monitoring or demonstrating mitigation success. 

20 ‘‘(3) EFFECT.—Nothing in this subsection— 

21 ‘‘(A) modifies or alters any requirement for 

22 a water resources development project to comply 

23 with applicable laws or regulations, including 

24 section 906 of the Water Resources Development 

25 Act of 1986 (33 U.S.C. 2283); or 
105 

•S 612 EAH 

1 ‘‘(B) shall be construed as to limit mitiga2 tion alternatives or require the use of mitigation 

3 banks or in-lieu fee programs.’’. 

4 SEC. 1164. DEBRIS REMOVAL. 

5 Section 3 of the Act of March 2, 1945 (59 Stat. 23, 

6 chapter 19; 33 U.S.C. 603a), is amended— 

7 (1) by striking ‘‘$1,000,000’’ and inserting 

8 ‘‘$5,000,000’’; 

9 (2) by striking ‘‘accumulated snags and other de10 bris’’ and inserting ‘‘accumulated snags, obstructions, 

11 and other debris located in or adjacent to a Federal 

12 channel’’; and 

13 (3) by striking ‘‘or flood control’’ and inserting 

14 ‘‘, flood control, or recreation’’. 

15 SEC. 1165. DISPOSITION STUDIES. 

16 (a) IN GENERAL.—In carrying out a disposition study 

17 for a project of the Corps of Engineers, including a disposi18 tion study under section 216 of the Flood Control Act of 

19 1970 (33 U.S.C. 549a) or an assessment under section 6002 

20 of the Water Resources Reform and Development Act of 

21 2014 (Public Law 113–121; 128 Stat. 1349), the Secretary 

22 shall consider the extent to which the property concerned 

23 has economic, cultural, historic, or recreational significance 

24 or impacts at the national, State, or local level. 
106 

•S 612 EAH 

1 (b) COMPLETION OF ASSESSMENT AND INVENTORY.— 

2 Not later than 1 year after the date of enactment of this 

3 Act, the Secretary shall complete the assessment and inven4 tory required under section 6002(a) of the Water Resources 

5 Reform and Development Act of 2014 (Public Law 113– 

6 121; 128 Stat. 1349). 

7 SEC. 1166. TRANSFER OF EXCESS CREDIT. 

8 Section 1020(a) of the Water Resources Reform and 

9 Development Act of 2014 (33 U.S.C. 2223(a)) is amended— 

10 (1) by striking the subsection designation and 

11 heading and all that follows through ‘‘Subject to sub12 section (b)’’ and inserting the following: 

13 ‘‘(a) APPLICATION OF CREDIT.— 

14 ‘‘(1) IN GENERAL.—Subject to subsection (b)’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(2) APPLICATION PRIOR TO COMPLETION OF

18 PROJECT.—On request of a non-Federal interest, the 

19 credit described in paragraph (1) may be applied 

20 prior to completion of a study or project, if the credit 

21 amount is verified by the Secretary.’’. 

22 SEC. 1167. HURRICANE AND STORM DAMAGE REDUCTION. 

23 Section 3(c)(2)(B) of the Act of August 13, 1946 (60 

24 Stat. 1056, chapter 960; 33 U.S.C. 426g(c)(2)(B)), is 
107 

•S 612 EAH 

1 amended by striking ‘‘$5,000,000’’ and inserting 

2 ‘‘$10,000,000’’. 

3 SEC. 1168. FISH HATCHERIES. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Secretary may operate a fish hatchery for 

6 the purpose of restoring a population of fish species located 

7 in the region surrounding the fish hatchery that is listed 

8 as a threatened species or an endangered species under the 

9 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

10 or a similar State law. 

11 (b) COSTS.—A non-Federal entity, another Federal 

12 agency, or a group of non-Federal entities or other Federal 

13 agencies shall be responsible for 100 percent of the addi14 tional costs associated with managing a fish hatchery for 

15 the purpose described in subsection (a) that are not author16 ized as of the date of enactment of this Act for the fish hatch17 ery. 

18 SEC. 1169. SHORE DAMAGE PREVENTION OR MITIGATION. 

19 Section 111 of the River and Harbor Act of 1968 (33 

20 U.S.C. 426i) is amended— 

21 (1) in subsection (b) by striking ‘‘measures’’ and 

22 all that follows through ‘‘project’’ and inserting 

23 ‘‘measures, including a study, shall be cost-shared in 

24 the same proportion as the cost-sharing provisions 

25 applicable to construction of the project’’; and 
108 

•S 612 EAH 

1 (2) by adding at the end the following: 

2 ‘‘(e) REIMBURSEMENT FOR FEASIBILITY STUDIES.— 

3 Beginning on the date of enactment of this subsection, in 

4 any case in which the Secretary implements a project under 

5 this section, the Secretary shall reimburse or credit the non6 Federal interest for any amounts contributed for the study 

7 evaluating the damage in excess of the non-Federal share 

8 of the costs, as determined under subsection (b).’’. 

9 SEC. 1170. ENHANCING LAKE RECREATION OPPORTUNI10 TIES. 

11 Section 3134 of the Water Resources Development Act 

12 of 2007 (Public Law 110–114; 121 Stat. 1142) is amended 

13 by striking subsection (e). 

14 SEC. 1171. CREDIT IN LIEU OF REIMBURSEMENT. 

15 Section 1022 of the Water Resources Reform and De16 velopment Act of 2014 (33 U.S.C. 2225) is amended— 

17 (1) in subsection (a) by striking ‘‘that has been 

18 constructed by a non-Federal interest under section 

19 211 of the Water Resources Development Act of 1996 

20 (33 U.S.C. 701b–13) before the date of enactment of 

21 this Act’’ and inserting ‘‘for which a written agree22 ment with the Corps of Engineers for construction 

23 was finalized on or before December 31, 2014, under 

24 section 211 of the Water Resources Development Act 
109 

•S 612 EAH 

1 of 1996 (33 U.S.C. 701b–13) (as it existed before the 

2 repeal made by section 1014(c)(3))’’; and 

3 (2) in subsection (b) by striking ‘‘share of the 

4 cost of the non-Federal interest of carrying out other 

5 flood damage reduction projects or studies’’ and in6 serting ‘‘non-Federal share of the cost of carrying out 

7 other water resources development projects or studies 

8 of the non-Federal interest’’. 

9 SEC. 1172. EASEMENTS FOR ELECTRIC, TELEPHONE, OR 

10 BROADBAND SERVICE FACILITIES. 

11 (a) DEFINITION OF WATER RESOURCES DEVELOP12 MENT PROJECT.—In this section, the term ‘‘water resources 

13 development project’’ means a project under the administra14 tive jurisdiction of the Corps of Engineers that is subject 

15 to part 327 of title 36, Code of Federal Regulations (or suc16 cessor regulations). 

17 (b) NO CONSIDERATION FOR EASEMENTS.—The Sec18 retary may not collect consideration for an easement across 

19 water resources development project land for the electric, 

20 telephone, or broadband service facilities of nonprofit orga21 nizations eligible for financing under the Rural Electrifica22 tion Act of 1936 (7 U.S.C. 901 et seq.). 

23 (c) ADMINISTRATIVE EXPENSES.—Nothing in this sec24 tion affects the authority of the Secretary under section 

25 2695 of title 10, United States Code, or under section 9701 
110 

•S 612 EAH 

1 of title 31, United State Code, to collect funds to cover rea2 sonable administrative expenses incurred by the Secretary. 

3 SEC. 1173. STUDY ON PERFORMANCE OF INNOVATIVE MATE4 RIALS. 

5 (a) INNOVATIVE MATERIAL DEFINED.—In this section, 

6 the term ‘‘innovative material’’, with respect to a water re7 sources development project, includes high performance con8 crete formulations, geosynthetic materials, advanced alloys 

9 and metals, reinforced polymer composites, including any 

10 coatings or other corrosion prevention methods used in con11 junction with such materials, and any other material, as 

12 determined by the Secretary. 

13 (b) STUDY.— 

14 (1) IN GENERAL.—The Secretary shall offer to 

15 enter into a contract with the Transportation Re16 search Board of the National Academy of Sciences— 

17 (A) to develop a proposal to study the use 

18 and performance of innovative materials in 

19 water resources development projects carried out 

20 by the Corps of Engineers; and 

21 (B) after the opportunity for public com22 ment provided in accordance with subsection (c), 

23 to carry out the study proposed under subpara24 graph (A). 
111 

•S 612 EAH 

1 (2) CONTENTS.—The study under paragraph (1) 

2 shall identify— 

3 (A) the conditions that result in degrada4 tion of water resources infrastructure; 

5 (B) the capabilities of innovative materials 

6 in reducing degradation; 

7 (C) any statutory, fiscal, regulatory, or 

8 other barriers to the expanded successful use of 

9 innovative materials; 

10 (D) recommendations on including perform11 ance-based requirements for the incorporation of 

12 innovative materials into the Unified Facilities 

13 Guide Specifications; 

14 (E) recommendations on how greater use of 

15 innovative materials could increase performance 

16 of an asset of the Corps of Engineers in relation 

17 to extended service life; 

18 (F) additional ways in which greater use of 

19 innovative materials could empower the Corps of 

20 Engineers to accomplish the goals of the Stra21 tegic Plan for Civil Works of the Corps of Engi22 neers; and 

23 (G) recommendations on any further re24 search needed to improve the capabilities of in25 novative materials in achieving extended service 
112 

•S 612 EAH 

1 life and reduced maintenance costs in water re2 sources development infrastructure. 

3 (c) PUBLIC COMMENT.—After developing the study 

4 proposal under subsection (b)(1)(A) and before carrying out 

5 the study under subsection (b)(1)(B), the Secretary shall 

6 provide an opportunity for public comment on the study 

7 proposal. 

8 (d) CONSULTATION.—In carrying out the study under 

9 subsection (b)(1), the Secretary, at a minimum, shall con10 sult with relevant experts on engineering, environmental, 

11 and industry considerations. 

12 (e) REPORT TO CONGRESS.—Not later than 2 years 

13 after the date of enactment of this Act, the Secretary shall 

14 submit to Congress a report describing the results of the 

15 study under subsection (b)(1). 

16 SEC. 1174. CONVERSION OF SURPLUS WATER AGREEMENTS. 

17 For the purposes of section 6 of the Act of December 

18 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in 

19 any case in which a water supply agreement with a dura20 tion of 30 years or longer was predicated on water that 

21 was surplus to a purpose and provided for the complete 

22 payment of the actual investment costs of storage to be used, 

23 and that purpose is no longer authorized as of the date of 

24 enactment of this section, the Secretary shall provide to the 

25 non-Federal entity an opportunity to convert the agreement 
113 

•S 612 EAH 

1 to a permanent storage agreement in accordance with sec2 tion 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), 

3 with the same payment terms incorporated in the agree4 ment. 

5 SEC. 1175. PROJECTS FUNDED BY THE INLAND WATERWAYS 

6 TRUST FUND. 

7 Beginning on June 10, 2014, and ending on the date 

8 of the completion of the project for navigation, Lower Ohio 

9 River, Locks and Dams 52 and 53, Illinois and Kentucky, 

10 authorized by section 3(a)(6) of the Water Resources Devel11 opment Act of 1988 (102 Stat. 4013), section 1001(b)(2) 

12 of the Water Resources Development Act of 1986 (33 U.S.C. 

13 579a(b)(2)) shall not apply to any project authorized to re14 ceive funding from the Inland Waterways Trust Fund es15 tablished by section 9506(a) of the Internal Revenue Code 

16 of 1986. 

17 SEC. 1176. REHABILITATION ASSISTANCE. 

18 Section 5 of the Act of August 18, 1941 (55 Stat. 650, 

19 chapter 377; 33 U.S.C. 701n), is amended— 

20 (1) in subsection (a) by adding at the end the 

21 following: 

22 ‘‘(3) NONSTRUCTURAL ALTERNATIVES DE23 FINED.—In this subsection, the term ‘nonstructural 

24 alternatives’ includes efforts to restore or protect nat25 ural resources, including streams, rivers, floodplains, 
114 

•S 612 EAH 

1 wetlands, or coasts, if those efforts will reduce flood 

2 risk.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) INCREASED LEVEL OF PROTECTION.—In con5 ducting repair or restoration work under subsection (a), at 

6 the request of the non-Federal sponsor, the Chief of Engi7 neers may increase the level of protection above the level 

8 to which the system was designed, or, if the repair or res9 toration includes repair or restoration of a pumping sta10 tion, increase the capacity of a pump, if— 

11 ‘‘(1) the Chief of Engineers determines the im12 provements are in the public interest, including con13 sideration of whether— 

14 ‘‘(A) the authority under this section has 

15 been used more than once at the same location; 

16 ‘‘(B) there is an opportunity to decrease sig17 nificantly the risk of loss of life and property 

18 damage; or 

19 ‘‘(C) there is an opportunity to decrease 

20 total life cycle rehabilitation costs for the project; 

21 and 

22 ‘‘(2) the non-Federal sponsor agrees to pay the 

23 difference between the cost of repair or restoration to 

24 the original design level or original capacity and the 
115 

•S 612 EAH 

1 cost of achieving the higher level of protection or ca2 pacity sought by the non-Federal sponsor. 

3 ‘‘(e) NOTICE.—The Secretary shall notify and consult 

4 with the non-Federal sponsor regarding the opportunity to 

5 request implementation of nonstructural alternatives to the 

6 repair or restoration of a flood control work under sub7 section (a).’’. 

8 SEC. 1177. REHABILITATION OF CORPS OF ENGINEERS CON9 STRUCTED DAMS. 

10 (a) IN GENERAL.—If the Secretary determines that the 

11 project is feasible, the Secretary may carry out a project 

12 for the rehabilitation of a dam described in subsection (b). 

13 (b) ELIGIBLE DAMS.—A dam eligible for assistance 

14 under this section is a dam— 

15 (1) that has been constructed, in whole or in 

16 part, by the Corps of Engineers for flood control pur17 poses; 

18 (2) for which construction was completed before 

19 1940; 

20 (3) that is classified as ‘‘high hazard potential’’ 

21 by the State dam safety agency of the State in which 

22 the dam is located; and 

23 (4) that is operated by a non-Federal entity. 

24 (c) COST SHARING.—Non-Federal interests shall pro25 vide 35 percent of the cost of construction of any project 
116 

•S 612 EAH 

1 carried out under this section, including provision of all 

2 land, easements, rights-of-way, and necessary relocations. 

3 (d) AGREEMENTS.—Construction of a project under 

4 this section shall be initiated only after a non-Federal inter5 est has entered into a binding agreement with the Sec6 retary— 

7 (1) to pay the non-Federal share of the costs of 

8 construction under subsection (c); and 

9 (2) to pay 100 percent of any operation, mainte10 nance, and replacement and rehabilitation costs with 

11 respect to the project in accordance with regulations 

12 prescribed by the Secretary. 

13 (e) COST LIMITATION.—The Secretary shall not expend 

14 more than $10,000,000 for a project at any single dam 

15 under this section. 

16 (f) FUNDING.—There is authorized to be appropriated 

17 to carry out this section $10,000,000 for each of fiscal years 

18 2017 through 2026. 

19 SEC. 1178. COLUMBIA RIVER. 

20 (a) ECOSYSTEM RESTORATION.—Section 536(g) of the 

21 Water Resources Development Act of 2000 (Public Law 

22 106–541; 114 Stat. 2662; 128 Stat. 1314) is amended by 

23 striking ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’. 
117 

•S 612 EAH 

1 (b) WATERCRAFT INSPECTION STATIONS.—Section 

2 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 

3 is amended— 

4 (1) in subsection (d)— 

5 (A) by striking paragraph (1) and inserting 

6 the following: 

7 ‘‘(1) IN GENERAL.—In carrying out this section, 

8 the Secretary may establish, operate, and maintain 

9 new or existing watercraft inspection stations to pro10 tect the Columbia River Basin to be located in the 

11 States of Idaho, Montana, Oregon, and Washington at 

12 locations, as determined by the Secretary in consulta13 tion with such States, with the highest likelihood of 

14 preventing the spread of aquatic invasive species at 

15 reservoirs operated and maintained by the Secretary. 

16 The Secretary shall also assist the States referred to 

17 in this paragraph with rapid response to any aquatic 

18 invasive species, including quagga or zebra mussel, 

19 infestation.’’; and 

20 (B) in paragraph (3)(A) by inserting ‘‘Gov21 ernors of the’’ before ‘‘States’’; and 

22 (2) in subsection (e) by striking paragraph (3) 

23 and inserting the following: 
118 

•S 612 EAH 

1 ‘‘(3) assist States in early detection of aquatic 

2 invasive species, including quagga and zebra mussels; 

3 and’’. 

4 (c) TRIBAL ASSISTANCE.— 

5 (1) ASSISTANCE AUTHORIZED.— 

6 (A) IN GENERAL.—Upon the request of the 

7 Secretary of the Interior, the Secretary may pro8 vide assistance on land transferred by the De9 partment of the Army to the Department of the 

10 Interior pursuant to title IV of Public Law 100– 

11 581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 

12 3762; 114 Stat. 2679; 118 Stat. 544) to Indian 

13 tribes displaced as a result of the construction of 

14 the Bonneville Dam, Oregon. 

15 (B) CLARIFICATION.— 

16 (i) IN GENERAL.—The Secretary is au17 thorized to provide the assistance described 

18 in subparagraph (A) based on information 

19 known or studies undertaken by the Sec20 retary prior to the date of enactment of this 

21 subsection. 

22 (ii) ADDITIONAL STUDIES.—To the ex23 tent that the Secretary determines nec24 essary, the Secretary is authorized to under25 take additional studies to further examine 
119 

•S 612 EAH 

1 any impacts to Indian tribes identified in 

2 subparagraph (A) beyond any information 

3 or studies identified under clause (i), except 

4 that the Secretary is authorized to provide 

5 the assistance described in subparagraph 

6 (A) based solely on information known or 

7 studies undertaken by the Secretary prior to 

8 the date of enactment of this subsection. 

9 (2) STUDY OF IMPACTS OF JOHN DAY DAM, OR10 EGON.—The Secretary shall— 

11 (A) conduct a study to determine the num12 ber of Indian tribes displaced by the construction 

13 of the John Day Dam, Oregon; and 

14 (B) recommend to the Committee on Trans15 portation and Infrastructure of the House of 

16 Representatives and the Committee on Environ17 ment and Public Works of the Senate a plan to 

18 provide assistance to Indian tribes displaced as 

19 a result of the construction of the John Day 

20 Dam, Oregon. 

21 SEC. 1179. MISSOURI RIVER. 

22 (a) RESERVOIR SEDIMENT MANAGEMENT.— 

23 (1) DEFINITION OF SEDIMENT MANAGEMENT

24 PLAN.—In this subsection, the term ‘‘sediment man25 agement plan’’ means a plan for preventing sediment 
120 

•S 612 EAH 

1 from reducing water storage capacity at a reservoir 

2 and increasing water storage capacity through sedi3 ment removal at a reservoir. 

4 (2) UPPER MISSOURI RIVER BASIN PILOT PRO5 GRAM.—The Secretary shall carry out a pilot pro6 gram for the development and implementation of sedi7 ment management plans for reservoirs owned and op8 erated by the Secretary in the Upper Missouri River 

9 Basin, on request by project beneficiaries. 

10 (3) PLAN ELEMENTS.—A sediment management 

11 plan under paragraph (2) shall— 

12 (A) provide opportunities for project bene13 ficiaries and other stakeholders to participate in 

14 sediment management decisions; 

15 (B) evaluate the volume of sediment in a 

16 reservoir and impacts on storage capacity; 

17 (C) identify preliminary sediment manage18 ment options, including sediment dikes and 

19 dredging; 

20 (D) identify constraints; 

21 (E) assess technical feasibility, economic 

22 justification, and environmental impacts; 

23 (F) identify beneficial uses for sediment; 

24 and 
121 

•S 612 EAH 

1 (G) to the maximum extent practicable, use, 

2 develop, and demonstrate innovative, cost-saving 

3 technologies, including structural and non4 structural technologies and designs, to manage 

5 sediment. 

6 (4) COST SHARE.—The beneficiaries requesting a 

7 sediment management plan shall share in the cost of 

8 development and implementation of the plan and 

9 such cost shall be allocated among the beneficiaries in 

10 accordance with the benefits to be received. 

11 (5) CONTRIBUTED FUNDS.—The Secretary may 

12 accept funds from non-Federal interests and other 

13 Federal agencies to develop and implement a sedi14 ment management plan under this subsection. 

15 (6) GUIDANCE.—The Secretary shall use the 

16 knowledge gained through the development and imple17 mentation of sediment management plans under 

18 paragraph (2) to develop guidance for sediment man19 agement at other reservoirs. 

20 (7) PARTNERSHIP WITH SECRETARY OF THE IN21 TERIOR.— 

22 (A) IN GENERAL.—The Secretary shall 

23 carry out the pilot program established under 

24 this subsection in partnership with the Secretary 

25 of the Interior, and the program may apply to 
122 

•S 612 EAH 

1 reservoirs managed or owned by the Bureau of 

2 Reclamation on execution of a memorandum of 

3 agreement between the Secretary and the Sec4 retary of the Interior establishing the framework 

5 for a partnership and the terms and conditions 

6 for sharing expertise and resources. 

7 (B) LEAD AGENCY.—The Secretary that has 

8 primary jurisdiction over a reservoir shall take 

9 the lead in developing and implementing a sedi10 ment management plan for that reservoir. 

11 (8) OTHER AUTHORITIES NOT AFFECTED.—Noth12 ing in this subsection affects sediment management or 

13 the share of costs paid by Federal and non-Federal 

14 interests relating to sediment management under any 

15 other provision of law (including regulations). 

16 (b) SNOWPACK AND DROUGHT MONITORING.—Section 

17 4003(a) of the Water Resources Reform and Development 

18 Act of 2014 (Public Law 113–121; 128 Stat. 1310) is 

19 amended by adding at the end the following: 

20 ‘‘(5) LEAD AGENCY.—The Corps of Engineers 

21 shall be the lead agency for carrying out and coordi22 nating the activities described in paragraph (1).’’. 
123 

•S 612 EAH 

1 SEC. 1180. CHESAPEAKE BAY OYSTER RESTORATION. 

2 Section 704(b)(1) of the Water Resources Development 

3 Act of 1986 (33 U.S.C. 2263(b)(1)) is amended by striking 

4 ‘‘$60,000,000’’ and inserting ‘‘$100,000,000’’. 

5 SEC. 1181. SALTON SEA, CALIFORNIA. 

6 (a) IN GENERAL.—Section 3032 of the Water Re7 sources Development Act of 2007 (Public Law 110–114; 121 

8 Stat. 1113) is amended— 

9 (1) in the section heading by inserting ‘‘PRO10 GRAM’’ after ‘‘RESTORATION’’; 

11 (2) in subsection (b)— 

12 (A) in the subsection heading by striking 

13 ‘‘PILOT PROJECTS’’ and inserting ‘‘PROGRAM’’; 

14 (B) in paragraph (1)— 

15 (i) by redesignating subparagraphs (A) 

16 and (B) as subparagraphs (B) and (C), re17 spectively; 

18 (ii) by inserting before subparagraph 

19 (B) (as so redesignated) the following: 

20 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

21 carry out a program to implement projects to re22 store the Salton Sea in accordance with this sec23 tion.’’; 

24 (iii) in subparagraph (B) (as redesig25 nated by clause (i)) by striking ‘‘the pilot’’; 

26 and 
124 

•S 612 EAH 

1 (iv) in subparagraph (C)(i) (as redes2 ignated by clause (i))— 

3 (I) in the matter preceding sub4 clause (I), by striking ‘‘the pilot 

5 projects referred to in subparagraph 

6 (A)’’ and inserting ‘‘the projects re7 ferred to in subparagraph (B)’’; 

8 (II) in subclause (I) by inserting 

9 ‘‘, Salton Sea Authority, or other non10 Federal interest’’ before the semicolon; 

11 and 

12 (III) in subclause (II) by striking 

13 ‘‘pilot’’; 

14 (C) in paragraph (2), in the matter pre15 ceding subparagraph (A), by striking ‘‘pilot’’; 

16 and 

17 (D) in paragraph (3)— 

18 (i) by striking ‘‘pilot’’ each place it ap19 pears; and 

20 (ii) by inserting ‘‘, Salton Sea Author21 ity, or other non-Federal interest’’ after 

22 ‘‘State’’; and 

23 (3) in subsection (c) by striking ‘‘pilot’’. 

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

25 section 1(b) of the Water Resources Development Act of 2007 
125 

•S 612 EAH 

1 (Public Law 110–114; 121 Stat. 1041) is amended by strik2 ing the item relating to section 3032 and inserting the fol3 lowing: 

‘‘3032. Salton Sea restoration program, California.’’. 

4 SEC. 1182. ADJUSTMENT. 

5 Section 219(f) of the Water Resources Development Act 

6 of 1992 (Public Law 102–580) is amended— 

7 (1) in paragraph (25) (113 Stat. 336)— 

8 (A) by inserting ‘‘Berkeley,’’ before ‘‘Cal9 houn,’’; and 

10 (B) by striking ‘‘Orangeberg, and Sumter’’ 

11 and inserting ‘‘and Orangeberg’’; and 

12 (2) in paragraph (78) (121 Stat. 1258)— 

13 (A) in the paragraph heading by striking 

14 ‘‘ST. CLAIR COUNTY,’’ and inserting ‘‘ST. CLAIR

15 COUNTY, BLOUNT COUNTY, AND CULLMAN COUN16 TY,’’; and 

17 (B) by striking ‘‘St. Clair County,’’ and in18 serting ‘‘St. Clair County, Blount County, and 

19 Cullman County,’’. 

20 SEC. 1183. COASTAL ENGINEERING. 

21 (a) IN GENERAL.—Section 4014(b) of the Water Re22 sources Reform and Development Act of 2014 (33 U.S.C. 

23 2803a(b)) is amended— 

24 (1) in paragraph (1) by inserting ‘‘Indian 

25 tribes,’’ after ‘‘nonprofit organizations,’’; 
126 

•S 612 EAH 

1 (2) by redesignating paragraphs (3) and (4) as 

2 paragraphs (4) and (5), respectively; and 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) give priority to projects in communities the 

6 existence of which is threatened by rising sea level, in7 cluding projects relating to shoreline restoration, tidal 

8 marsh restoration, dunal habitats to protect coastal 

9 infrastructure, reduction of future and existing emer10 gency repair costs, and the beneficial reuse of dredged 

11 materials;’’. 

12 (b) INTERAGENCY COORDINATION ON COASTAL RESIL13 IENCE.— 

14 (1) IN GENERAL.—The Secretary shall convene 

15 an interagency working group on resilience to extreme 

16 weather, which will coordinate research, data, and 

17 Federal investments related to sea level rise, resil18 iency, and vulnerability to extreme weather, includ19 ing coastal resilience. 

20 (2) CONSULTATION.—The interagency working 

21 group convened under paragraph (1) shall participate 

22 in any activity carried out by an organization au23 thorized by a State to study and issue recommenda24 tions on how to address the impacts on Federal assets 

25 of recurrent flooding and sea level rise, including pro-
127 

•S 612 EAH 

1 viding consultation regarding policies, programs, 

2 studies, plans, and best practices relating to recurrent 

3 flooding and sea level rise in areas with significant 

4 Federal assets. 

5 (c) REGIONAL ASSESSMENTS.— 

6 (1) IN GENERAL.—The Secretary may conduct 

7 regional assessments of coastal and back bay protec8 tion and of Federal and State policies and programs 

9 related to coastal water resources, including— 

10 (A) an assessment of the probability and the 

11 extent of coastal flooding and erosion, including 

12 back bay and estuarine flooding; 

13 (B) recommendations for policies and other 

14 measures related to regional Federal, State, local, 

15 and private participation in shoreline and back 

16 bay protection projects; 

17 (C) an evaluation of the performance of ex18 isting Federal coastal storm damage reduction, 

19 ecosystem restoration, and navigation projects, 

20 including recommendations for the improvement 

21 of those projects; and 

22 (D) recommendations for the demonstration 

23 of methodologies for resilience through the use of 

24 natural and nature-based infrastructure ap25 proaches, as appropriate. 
128 

•S 612 EAH 

1 (2) COOPERATION.—In carrying out paragraph 

2 (1), the Secretary shall cooperate with— 

3 (A) heads of appropriate Federal agencies; 

4 (B) States that have approved coastal man5 agement programs and appropriate agencies of 

6 those States; 

7 (C) local governments; and 

8 (D) the private sector. 

9 (d) STREAMLINING.—In carrying out this section, the 

10 Secretary shall— 

11 (1) to the maximum extent practicable, use exist12 ing research done by Federal, State, regional, local, 

13 and private entities to eliminate redundancies and 

14 related costs; 

15 (2) receive from any of the entities described in 

16 subsection (c)(2)— 

17 (A) contributed funds; or 

18 (B) research that may be eligible for credit 

19 as work-in-kind under applicable Federal law; 

20 and 

21 (3) enable each District or combination of Dis22 tricts of the Corps of Engineers that jointly partici23 pate in carrying out an assessment under this section 

24 to consider regionally appropriate engineering, bio-
129 

•S 612 EAH 

1 logical, ecological, social, economic, and other factors 

2 in carrying out the assessment. 

3 (e) REPORTS.—The Secretary shall submit in the 2019 

4 annual report submitted to Congress in accordance with 

5 section 8 of the Act of August 11, 1888 (25 Stat. 424, chap6 ter 860; 33 U.S.C. 556), and section 925(b) of the Water 

7 Resources Development Act of 1986 (33 U.S.C. 2295(b)) all 

8 reports and recommendations prepared under this section, 

9 together with any necessary supporting documentation. 

10 SEC. 1184. CONSIDERATION OF MEASURES. 

11 (a) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) NATURAL FEATURE.—The term ‘‘natural fea14 ture’’ means a feature that is created through the ac15 tion of physical, geological, biological, and chemical 

16 processes over time. 

17 (2) NATURE-BASED FEATURE.—The term ‘‘na18 ture-based feature’’ means a feature that is created by 

19 human design, engineering, and construction to pro20 vide risk reduction in coastal areas by acting in con21 cert with natural processes. 

22 (b) REQUIREMENT.—In studying the feasibility of 

23 projects for flood risk management, hurricane and storm 

24 damage reduction, and ecosystem restoration the Secretary 
130 

•S 612 EAH 

1 shall, with the consent of the non-Federal sponsor of the fea2 sibility study, consider, as appropriate— 

3 (1) natural features; 

4 (2) nature-based features; 

5 (3) nonstructural measures; and 

6 (4) structural measures. 

7 (c) REPORT TO CONGRESS.— 

8 (1) IN GENERAL.—Not later than February 1, 

9 2020, and 5 and 10 years thereafter, the Secretary 

10 shall submit to the Committee on Environment and 

11 Public Works of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives a report on the implementation of 

14 subsection (b). 

15 (2) CONTENTS.—The report under paragraph (1) 

16 shall include, at a minimum, the following: 

17 (A) A description of guidance or instruc18 tions issued, and other measures taken, by the 

19 Secretary and the Chief of Engineers to imple20 ment subsection (b). 

21 (B) An assessment of the costs, benefits, im22 pacts, and trade-offs associated with measures 

23 recommended by the Secretary for coastal risk 

24 reduction and the effectiveness of those measures. 
131 

•S 612 EAH 

1 (C) A description of any statutory, fiscal, or 

2 regulatory barriers to the appropriate consider3 ation and use of a full array of measures for 

4 coastal risk reduction. 

5 SEC. 1185. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the Secretary— 

8 (1) shall include a 60-day public comment pe9 riod for the Table Rock Lake Master Plan and Table 

10 Rock Lake Shoreline Management Plan revision; and 

11 (2) shall finalize the revision for the Table Rock 

12 Lake Master Plan and Table Rock Lake Shoreline 

13 Management Plan during the 2-year period beginning 

14 on the date of enactment of this Act. 

15 (b) SHORELINE USE PERMITS.—During the period de16 scribed in subsection (a)(2), the Secretary shall lift or sus17 pend the moratorium on the issuance of new, and modifica18 tions to existing, shoreline use permits based on the existing 

19 Table Rock Lake Master Plan and Table Rock Lake Shore20 line Management Plan. 

21 (c) OVERSIGHT COMMITTEE.— 

22 (1) IN GENERAL.—Not later than 120 days after 

23 the date of enactment of this Act, the Secretary shall 

24 establish an oversight committee (referred to in this 

25 subsection as the ‘‘Committee’’). 
132 

•S 612 EAH 

1 (2) PURPOSES.—The purposes of the Committee 

2 shall be— 

3 (A) to review any permit to be issued under 

4 the existing Table Rock Lake Master Plan at the 

5 recommendation of the District Engineer; and 

6 (B) to advise the District Engineer on revi7 sions to the new Table Rock Lake Master Plan 

8 and Table Rock Lake Shoreline Management 

9 Plan. 

10 (3) MEMBERSHIP.—The membership of the Com11 mittee shall not exceed 6 members and shall include— 

12 (A) not more than 1 representative each 

13 from the State of Missouri and the State of Ar14 kansas; 

15 (B) not more than 1 representative each 

16 from local economic development organizations 

17 with jurisdiction over Table Rock Lake; and 

18 (C) not more than 1 representative each 

19 representing the boating and conservation inter20 ests of Table Rock Lake. 

21 (4) STUDY.—The Secretary shall— 

22 (A) carry out a study on the need to revise 

23 permit fees relating to Table Rock Lake to better 

24 reflect the cost of issuing those permits and 

25 achieve cost savings; 
133 

•S 612 EAH 

1 (B) submit to Congress a report on the re2 sults of the study described in subparagraph (A); 

3 and 

4 (C) begin implementation of a new permit 

5 fee structure based on the findings of the study 

6 described in subparagraph (A). 

7 SEC. 1186. RURAL WESTERN WATER. 

8 Section 595 of the Water Resources Development Act 

9 of 1999 (Public Law 106–53; 113 Stat. 383; 128 Stat. 1316) 

10 is amended— 

11 (1) by redesignating subsection (h) as subsection 

12 (i); 

13 (2) by inserting after subsection (g) the fol14 lowing: 

15 ‘‘(h) ELIGIBILITY.— 

16 ‘‘(1) IN GENERAL.—Assistance under this section 

17 shall be made available to all eligible States and 

18 locales described in subsection (b) consistent with pro19 gram priorities determined by the Secretary in ac20 cordance with criteria developed by the Secretary to 

21 establish the program priorities. 

22 ‘‘(2) SELECTION OF PROJECTS.—In selecting 

23 projects for assistance under this section, the Sec24 retary shall give priority to a project located in an 
134 

•S 612 EAH 

1 eligible State or local entity for which the project 

2 sponsor is prepared to— 

3 ‘‘(A) execute a new or amended project co4 operation agreement; and 

5 ‘‘(B) commence promptly after the date of 

6 enactment of the Water Resources Development 

7 Act of 2016. 

8 ‘‘(3) RURAL PROJECTS.—The Secretary shall 

9 consider a project authorized under this section and 

10 an environmental infrastructure project authorized 

11 under section 219 of the Water Resources Development 

12 Act of 1992 (Public Law 102–580; 106 Stat. 4835) 

13 for new starts on the same basis as any other simi14 larly funded project.’’; and 

15 (3) in subsection (i) (as redesignated by para16 graph (1)) by striking ‘‘which shall—’’ and all that 

17 follows through ‘‘remain’’ and inserting ‘‘to remain’’. 

18 SEC. 1187. INTERSTATE COMPACTS. 

19 Section 301 of the Water Supply Act of 1958 (43 

20 U.S.C. 390b) is amended by striking subsection (f). 

21 SEC. 1188. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) State water quality standards that impact 

24 the disposal of dredged material should be developed 
135 

•S 612 EAH 

1 collaboratively, with input from all relevant stake2 holders; 

3 (2) open-water disposal of dredged material 

4 should be reduced to the maximum extent practicable; 

5 and 

6 (3) where practicable, the preference is for dis7 putes between States related to the disposal of dredged 

8 material and the protection of water quality to be re9 solved between the States in accordance with regional 

10 plans and with the involvement of regional bodies. 

11 SEC. 1189. DREDGED MATERIAL DISPOSAL. 

12 Disposal of dredged material shall not be considered 

13 environmentally acceptable for the purposes of identifying 

14 the Federal standard (as defined in section 335.7 of title 

15 33, Code of Federal Regulations (or successor regulations)) 

16 if the disposal violates applicable State water quality 

17 standards approved by the Administrator of the Environ18 mental Protection Agency under section 303 of the Federal 

19 Water Pollution Control Act (33 U.S.C. 1313). 

20 Subtitle B—Studies 

21 SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY 

22 STUDIES. 

23 The Secretary is authorized to conduct a feasibility 

24 study for the following projects for water resources develop25 ment and conservation and other purposes, as identified in 
136 

•S 612 EAH 

1 the reports titled ‘‘Report to Congress on Future Water Re2 sources Development’’ submitted to Congress on January 

3 29, 2015, and January 29, 2016, respectively, pursuant to 

4 section 7001 of the Water Resources Reform and Develop5 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 

6 by Congress: 

7 (1) OUACHITA-BLACK RIVERS, ARKANSAS AND

8 LOUISIANA.—Project for navigation, Ouachita-Black 

9 Rivers, Arkansas and Louisiana. 

10 (2) CACHE CREEK SETTLING BASIN, CALI11 FORNIA.—Project for flood damage reduction and eco12 system restoration, Cache Creek Settling Basin, Cali13 fornia. 

14 (3) COYOTE VALLEY DAM, CALIFORNIA.—Project 

15 for flood control, water conservation, and related pur16 poses, Russian River Basin, California, authorized by 

17 the River and Harbor Act of 1950 (64 Stat. 177), to 

18 modify the Coyote Valley Dam to add environmental 

19 restoration as a project purpose and to increase water 

20 supply and improve reservoir operations. 

21 (4) DEL ROSA CHANNEL, CITY OF SAN

22 BERNARDINO, CALIFORNIA.—Project for flood damage 

23 reduction and ecosystem restoration, Del Rosa Chan24 nel, city of San Bernardino, California. 
137 

•S 612 EAH 

1 (5) MERCED COUNTY STREAMS, CALIFORNIA.— 

2 Project for flood damage reduction, Merced County 

3 Streams, California. 

4 (6) MISSION-ZANJA CHANNEL, CITIES OF SAN

5 BERNARDINO AND REDLANDS, CALIFORNIA.—Project 

6 for flood damage reduction and ecosystem restoration, 

7 Mission-Zanja Channel, cities of San Bernardino and 

8 Redlands, California. 

9 (7) SOBOBA INDIAN RESERVATION, CALI10 FORNIA.—Project for flood damage reduction, Soboba 

11 Indian Reservation, California. 

12 (8) INDIAN RIVER INLET, DELAWARE.—Project 

13 for hurricane and storm damage reduction, Indian 

14 River Inlet, Delaware. 

15 (9) LEWES BEACH, DELAWARE.—Project for hur16 ricane and storm damage reduction, Lewes Beach, 

17 Delaware. 

18 (10) MISPILLION COMPLEX, KENT AND SUSSEX

19 COUNTIES, DELAWARE.—Project for hurricane and 

20 storm damage reduction, Mispillion Complex, Kent 

21 and Sussex Counties, Delaware. 

22 (11) DAYTONA BEACH, FLORIDA.—Project for 

23 flood damage reduction, Daytona Beach, Florida. 

24 (12) BRUNSWICK HARBOR, GEORGIA.—Project for 

25 navigation, Brunswick Harbor, Georgia. 
138 

•S 612 EAH 

1 (13) DUBUQUE, IOWA.—Project for flood damage 

2 reduction, Dubuque, Iowa. 

3 (14) ST. TAMMANY PARISH, LOUISIANA.—Project 

4 for flood damage reduction and ecosystem restoration, 

5 St. Tammany Parish, Louisiana. 

6 (15) CATTARAUGUS CREEK, NEW YORK.—Project 

7 for flood damage reduction, Cattaraugus Creek, New 

8 York. 

9 (16) CAYUGA INLET, ITHACA, NEW YORK.— 

10 Project for navigation and flood damage reduction, 

11 Cayuga Inlet, Ithaca, New York. 

12 (17) DELAWARE RIVER BASIN, NEW YORK, NEW

13 JERSEY, PENNSYLVANIA, AND DELAWARE.—Projects 

14 for flood control, Delaware River Basin, New York, 

15 New Jersey, Pennsylvania, and Delaware, authorized 

16 by section 408 of the Act of July 24, 1946 (60 Stat. 

17 644, chapter 596), and section 203 of the Flood Con18 trol Act of 1962 (76 Stat. 1182), to review operations 

19 of the projects to enhance opportunities for ecosystem 

20 restoration and water supply. 

21 (18) SILVER CREEK, HANOVER, NEW YORK.— 

22 Project for flood damage reduction and ecosystem res23 toration, Silver Creek, Hanover, New York. 

24 (19) STONYCREEK AND LITTLE CONEMAUGH RIV25 ERS, PENNSYLVANIA.—Project for flood damage reduc-
139 

•S 612 EAH 

1 tion and recreation, Stonycreek and Little 

2 Conemaugh Rivers, Pennsylvania. 

3 (20) TIOGA-HAMMOND LAKE, PENNSYLVANIA.— 

4 Project for ecosystem restoration, Tioga-Hammond 

5 Lake, Pennsylvania. 

6 (21) BRAZOS RIVER, FORT BEND COUNTY, 

7 TEXAS.—Project for flood damage reduction in the vi8 cinity of the Brazos River, Fort Bend County, Texas. 

9 (22) CHACON CREEK, CITY OF LAREDO, TEXAS.— 

10 Project for flood damage reduction, ecosystem restora11 tion, and recreation, Chacon Creek, city of Laredo, 

12 Texas. 

13 (23) CORPUS CHRISTI SHIP CHANNEL, TEXAS.— 

14 Project for navigation, Corpus Christi Ship Channel, 

15 Texas. 

16 (24) CITY OF EL PASO, TEXAS.—Project for flood 

17 damage reduction, city of El Paso, Texas. 

18 (25) GULF INTRACOASTAL WATERWAY, BRAZORIA

19 AND MATAGORDA COUNTIES, TEXAS.—Project for 

20 navigation and hurricane and storm damage reduc21 tion, Gulf Intracoastal Waterway, Brazoria and 

22 Matagorda Counties, Texas. 

23 (26) PORT OF BAY CITY, TEXAS.—Project for 

24 navigation, Port of Bay City, Texas. 
140 

•S 612 EAH 

1 (27) CHINCOTEAGUE ISLAND, VIRGINIA.—Project 

2 for hurricane and storm damage reduction, naviga3 tion, and ecosystem restoration, Chincoteague Island, 

4 Virginia. 

5 (28) BURLEY CREEK WATERSHED, KITSAP COUN6 TY, WASHINGTON.—Project for flood damage reduction 

7 and ecosystem restoration, Burley Creek Watershed, 

8 Kitsap County, Washington. 

9 (29) SAVANNAH RIVER BELOW AUGUSTA, GEOR10 GIA.—Project for ecosystem restoration, water supply, 

11 recreation, and flood control, Savannah River below 

12 Augusta, Georgia. 

13 (30) JOHNSTOWN, PENNSYLVANIA.—Project for 

14 flood damage reduction, Johnstown, Pennsylvania. 

15 SEC. 1202. ADDITIONAL STUDIES. 

16 (a) TULSA AND WEST TULSA, ARKANSAS RIVER, 

17 OKLAHOMA.— 

18 (1) IN GENERAL.—The Secretary shall conduct a 

19 study to determine the feasibility of modifying the 

20 projects for flood risk management, Tulsa and West 

21 Tulsa, Oklahoma, authorized by section 3 of the Act 

22 of August 18, 1941 (55 Stat. 645, chapter 377). 

23 (2) REQUIREMENTS.—In carrying out the study 

24 under paragraph (1), the Secretary shall address 

25 project deficiencies, uncertainties, and significant 
141 

•S 612 EAH 

1 data gaps, including material, construction, and sub2 surface, which render the project at risk of overtop3 ping, breaching, or system failure. 

4 (3) PRIORITIZATION TO ADDRESS SIGNIFICANT

5 RISKS.—In any case in which a levee or levee system 

6 (as defined in section 9002 of the Water Resources 

7 Development Act of 2007 (33 U.S.C. 3301)) is classi8 fied as Class I or II under the levee safety action clas9 sification tool developed by the Corps of Engineers, 

10 the Secretary shall expedite the project for budget con11 sideration. 

12 (b) CINCINNATI, OHIO.— 

13 (1) REVIEW.—The Secretary shall review the 

14 Central Riverfront Park Master Plan, dated December 

15 1999, and the Ohio Riverfront Study, Cincinnati, 

16 Ohio, dated August 2002, to determine the feasibility 

17 of carrying out flood risk reduction, ecosystem res18 toration, and recreation components beyond the eco19 system restoration and recreation components that 

20 were undertaken pursuant to section 5116 of the 

21 Water Resources Development Act of 2007 (Public 

22 Law 110–114; 121 Stat. 1238) as a second phase of 

23 that project. 

24 (2) AUTHORIZATION.—The project authorized 

25 under section 5116 of the Water Resources Develop-
142 

•S 612 EAH 

1 ment Act of 2007 (Public Law 110–114; 121 Stat. 

2 1238) is modified to authorize the Secretary to under3 take the additional flood risk reduction and ecosystem 

4 restoration components described in paragraph (1), at 

5 a total cost of $30,000,000, if the Secretary deter6 mines that the additional flood risk reduction, eco7 system restoration, and recreation components, con8 sidered together, are feasible. 

9 (c) ARCTIC DEEP DRAFT PORT DEVELOPMENT PART10 NERSHIPS.—Section 2105 of the Water Resources Reform 

11 and Development Act of 2014 (33 U.S.C. 2243) is amend12 ed— 

13 (1) by striking ‘‘(25 U.S.C. 450b))’’ each place it 

14 appears and inserting ‘‘(25 U.S.C. 5304)) and a Na15 tive village, Regional Corporation, or Village Cor16 poration (as those terms are defined in section 3 of 

17 the Alaska Native Claims Settlement Act (43 U.S.C. 

18 1602)’’; 

19 (2) in subsection (d) by striking ‘‘the Secretary 

20 of Homeland Security’’ and inserting ‘‘the Secretary 

21 of the department in which the Coast Guard is oper22 ating’’; and 

23 (3) by adding at the end the following: 
143 

•S 612 EAH 

1 ‘‘(e) CONSIDERATION OF NATIONAL SECURITY INTER2 ESTS.—In carrying out a study of the feasibility of an Arc3 tic deep draft port, the Secretary— 

4 ‘‘(1) shall consult with the Secretary of the de5 partment in which the Coast Guard is operating to 

6 identify benefits in carrying out the missions speci7 fied in section 888 of the Homeland Security Act of 

8 2002 (6 U.S.C. 468) associated with an Arctic deep 

9 draft port; 

10 ‘‘(2) shall consult with the Secretary of Defense 

11 to identify national security benefits associated with 

12 an Arctic deep draft port; and 

13 ‘‘(3) may consider such benefits in determining 

14 whether an Arctic deep draft port is feasible.’’. 

15 (d) MISSISSIPPI RIVER SHIP CHANNEL, GULF TO

16 BATON ROUGE, LOUISIANA.—The Secretary shall conduct 

17 a study to determine the feasibility of modifying the project 

18 for navigation, Mississippi River Ship Channel, Gulf to 

19 Baton Rouge, Louisiana, authorized by section 201(a) of 

20 the Harbor Development and Navigation Improvement Act 

21 of 1986 (Public Law 99–662; 100 Stat. 4090), to deepen 

22 the channel approaches and the associated area on the left 

23 descending bank of the Mississippi River between mile 98.3 

24 and mile 100.6 Above Head of Passes (AHP) to a depth 

25 equal to the Channel. 
144 

•S 612 EAH 

1 SEC. 1203. NORTH ATLANTIC COASTAL REGION. 

2 Section 4009 of the Water Resources Reform and De3 velopment Act of 2014 (Public Law 113–121; 128 Stat. 

4 1316) is amended— 

5 (1) in subsection (a) by striking ‘‘conduct a 

6 study to determine the feasibility of carrying out 

7 projects’’ and inserting ‘‘carry out a comprehensive 

8 assessment and management plan’’; 

9 (2) in subsection (b)— 

10 (A) in the subsection heading by striking 

11 ‘‘STUDY’’ and inserting ‘‘ASSESSMENT AND

12 PLAN’’; and 

13 (B) in the matter preceding paragraph (1) 

14 by striking ‘‘study’’ and inserting ‘‘assessment 

15 and plan’’; and 

16 (3) in subsection (c)(1) by striking ‘‘study’’ and 

17 inserting ‘‘assessment and plan’’. 

18 SEC. 1204. SOUTH ATLANTIC COASTAL STUDY. 

19 (a) IN GENERAL.—The Secretary shall conduct a 

20 study of the coastal areas located within the geographical 

21 boundaries of the South Atlantic Division of the Corps of 

22 Engineers to identify the risks and vulnerabilities of those 

23 areas to increased hurricane and storm damage as a result 

24 of sea level rise. 

25 (b) REQUIREMENTS.—In carrying out the study under 

26 subsection (a), the Secretary shall— 
145 

•S 612 EAH 

1 (1) conduct a comprehensive analysis of current 

2 hurricane and storm damage reduction measures with 

3 an emphasis on regional sediment management prac4 tices to sustainably maintain or enhance current lev5 els of storm protection; 

6 (2) identify risks and coastal vulnerabilities in 

7 the areas affected by sea level rise; 

8 (3) recommend measures to address the 

9 vulnerabilities described in paragraph (2); and 

10 (4) develop a long-term strategy for— 

11 (A) addressing increased hurricane and 

12 storm damages that result from rising sea levels; 

13 and 

14 (B) identifying opportunities to enhance re15 siliency, increase sustainability, and lower risks 

16 in— 

17 (i) populated areas; 

18 (ii) areas of concentrated economic de19 velopment; and 

20 (iii) areas with vulnerable environ21 mental resources. 

22 (c) REPORT.—Not later than 4 years after the date of 

23 enactment of this Act, the Secretary shall submit to the 

24 Committee on Environment and Public Works of the Senate 

25 and the Committee on Transportation and Infrastructure 
146 

•S 612 EAH 

1 of the House of Representatives a report recommending spe2 cific and detailed actions to address the risks and 

3 vulnerabilities of the areas described in subsection (a) due 

4 to increased hurricane and storm damage as a result of sea 

5 level rise. 

6 SEC. 1205. TEXAS COASTAL AREA. 

7 In carrying out the comprehensive plan authorized by 

8 section 4091 of the Water Resources Development Act of 

9 2007 (Public Law 110–114; 121 Stat. 1187), the Secretary 

10 shall consider studies, data, and information developed by 

11 the Gulf Coast Community Protection and Recovery Dis12 trict to expedite completion of the plan. 

13 SEC. 1206. UPPER MISSISSIPPI AND ILLINOIS RIVERS. 

14 (a) IN GENERAL.—The Secretary shall conduct a 

15 study of the riverine areas located within the Upper Mis16 sissippi River and Illinois River basins to identify the risks 

17 and vulnerabilities of those areas to increased flood dam18 ages. 

19 (b) REQUIREMENTS.—In carrying out the study under 

20 subsection (a), the Secretary shall— 

21 (1) conduct a comprehensive analysis of flood 

22 risk management measures to maintain or enhance 

23 current levels of protection; 

24 (2) identify risks and vulnerabilities in the areas 

25 affected by flooding; 
147 

•S 612 EAH 

1 (3) recommend specific measures and actions to 

2 address the risks and vulnerabilities described in 

3 paragraph (2); 

4 (4) coordinate with the heads of other appro5 priate Federal agencies, the Governors of the States 

6 within the Upper Mississippi and Illinois River ba7 sins, the appropriate levee and drainage districts, 

8 nonprofit organizations, and other interested parties; 

9 (5) develop basinwide hydrologic models for the 

10 Upper Mississippi River System and improve analyt11 ical methods needed to produce scientifically based 

12 recommendations for improvements to flood risk man13 agement; and 

14 (6) develop a long-term strategy for— 

15 (A) addressing increased flood damages; 

16 and 

17 (B) identifying opportunities to enhance re18 siliency, increase sustainability, and lower risks 

19 in— 

20 (i) populated areas; 

21 (ii) areas of concentrated economic de22 velopment; and 

23 (iii) areas with vulnerable environ24 mental resources. 
148 

•S 612 EAH 

1 (c) REPORT.—Not later than 4 years after the date of 

2 enactment of this Act, the Secretary shall submit to the 

3 Committee on Environment and Public Works of the Senate 

4 and the Committee on Transportation and Infrastructure 

5 of the House of Representatives and make publicly available 

6 a report describing the results of the study conducted under 

7 subsection (b). 

8 SEC. 1207. KANAWHA RIVER BASIN. 

9 The Secretary shall conduct studies to determine the 

10 feasibility of implementing projects for flood risk manage11 ment, ecosystem restoration, navigation, water supply, 

12 recreation, and other water resource related purposes within 

13 the Kanawha River Basin, West Virginia, Virginia, and 

14 North Carolina. 

15 Subtitle C—Deauthorizations, 

16 Modifications, and Related Pro17 visions 

18 SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

19 (a) PURPOSES.—The purposes of this section are— 

20 (1) to identify $10,000,000,000 in water re21 sources development projects authorized by Congress 

22 that are no longer viable for construction due to— 

23 (A) a lack of local support; 

24 (B) a lack of available Federal or non-Fed25 eral resources; or 
149 

•S 612 EAH 

1 (C) an authorizing purpose that is no 

2 longer relevant or feasible; 

3 (2) to create an expedited and definitive process 

4 for Congress to deauthorize water resources develop5 ment projects that are no longer viable for construc6 tion; and 

7 (3) to allow the continued authorization of water 

8 resources development projects that are viable for con9 struction. 

10 (b) INTERIM DEAUTHORIZATION LIST.— 

11 (1) IN GENERAL.—The Secretary shall develop 

12 an interim deauthorization list that identifies— 

13 (A) each water resources development 

14 project, or separable element of a project, author15 ized for construction before November 8, 2007, 

16 for which— 

17 (i) planning, design, or construction 

18 was not initiated before the date of enact19 ment of this Act; or 

20 (ii) planning, design, or construction 

21 was initiated before the date of enactment of 

22 this Act, but for which no funds, Federal or 

23 non-Federal, were obligated for planning, 

24 design, or construction of the project or sep25 arable element of the project during the cur-
150 

•S 612 EAH 

1 rent fiscal year or any of the 6 preceding 

2 fiscal years; and 

3 (B) each project or separable element identi4 fied and included on a list to Congress for de5 authorization pursuant to section 1001(b)(2) of 

6 the Water Resources Development Act of 1986 

7 (33 U.S.C. 579a(b)(2)). 

8 (2) PUBLIC COMMENT AND CONSULTATION.— 

9 (A) IN GENERAL.—The Secretary shall so10 licit comments from the public and the Gov11 ernors of each applicable State on the interim 

12 deauthorization list developed under paragraph 

13 (1). 

14 (B) COMMENT PERIOD.—The public com15 ment period shall be 90 days. 

16 (3) SUBMISSION TO CONGRESS; PUBLICATION.— 

17 Not later than 90 days after the date of the close of 

18 the comment period under paragraph (2), the Sec19 retary shall— 

20 (A) submit a revised interim deauthoriza21 tion list to the Committee on Environment and 

22 Public Works of the Senate and the Committee 

23 on Transportation and Infrastructure of the 

24 House of Representatives; and 
151 

•S 612 EAH 

1 (B) publish the revised interim deauthoriza2 tion list in the Federal Register. 

3 (c) FINAL DEAUTHORIZATION LIST.— 

4 (1) IN GENERAL.—The Secretary shall develop a 

5 final deauthorization list of water resources develop6 ment projects, or separable elements of projects, from 

7 the revised interim deauthorization list described in 

8 subsection (b)(3). 

9 (2) DEAUTHORIZATION AMOUNT.— 

10 (A) PROPOSED FINAL LIST.—The Secretary 

11 shall prepare a proposed final deauthorization 

12 list of projects and separable elements of projects 

13 that have, in the aggregate, an estimated Federal 

14 cost to complete that is at least $10,000,000,000. 

15 (B) DETERMINATION OF FEDERAL COST TO

16 COMPLETE.—For purposes of subparagraph (A), 

17 the Federal cost to complete shall take into ac18 count any allowances authorized by section 902 

19 of the Water Resources Development Act of 1986 

20 (33 U.S.C. 2280), as applied to the most recent 

21 project schedule and cost estimate. 

22 (3) IDENTIFICATION OF PROJECTS.— 

23 (A) SEQUENCING OF PROJECTS.— 

24 (i) IN GENERAL.—The Secretary shall 

25 identify projects and separable elements of 
152 

•S 612 EAH 

1 projects for inclusion on the proposed final 

2 deauthorization list according to the order 

3 in which the projects and separable elements 

4 of the projects were authorized, beginning 

5 with the earliest authorized projects and 

6 separable elements of projects and ending 

7 with the latest project or separable element 

8 of a project necessary to meet the aggregate 

9 amount under paragraph (2)(A). 

10 (ii) FACTORS TO CONSIDER.—The Sec11 retary may identify projects and separable 

12 elements of projects in an order other than 

13 that established by clause (i) if the Sec14 retary determines, on a case-by-case basis, 

15 that a project or separable element of a 

16 project is critical for interests of the United 

17 States, based on the possible impact of the 

18 project or separable element of the project 

19 on public health and safety, the national 

20 economy, or the environment. 

21 (iii) CONSIDERATION OF PUBLIC COM22 MENTS.—In making determinations under 

23 clause (ii), the Secretary shall consider any 

24 comments received under subsection (b)(2). 
153 

•S 612 EAH 

1 (B) APPENDIX.—The Secretary shall in2 clude as part of the proposed final deauthoriza3 tion list an appendix that— 

4 (i) identifies each project or separable 

5 element of a project on the interim de6 authorization list developed under sub7 section (b) that is not included on the pro8 posed final deauthorization list; and 

9 (ii) describes the reasons why the 

10 project or separable element is not included 

11 on the proposed final list. 

12 (4) PUBLIC COMMENT AND CONSULTATION.— 

13 (A) IN GENERAL.—The Secretary shall so14 licit comments from the public and the Governor 

15 of each applicable State on the proposed final de16 authorization list and appendix developed under 

17 paragraphs (2) and (3). 

18 (B) COMMENT PERIOD.—The public com19 ment period shall be 90 days. 

20 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

21 PUBLICATION.—Not later than 120 days after the date 

22 of the close of the comment period under paragraph 

23 (4), the Secretary shall— 

24 (A) submit a final deauthorization list and 

25 an appendix to the final deauthorization list in 
154 

•S 612 EAH 

1 a report to the Committee on Environment and 

2 Public Works of the Senate and the Committee 

3 on Transportation and Infrastructure of the 

4 House of Representatives; and 

5 (B) publish the final deauthorization list 

6 and the appendix to the final deauthorization 

7 list in the Federal Register. 

8 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

9 (1) IN GENERAL.—After the expiration of the 

10 180-day period beginning on the date of submission 

11 of the final deauthorization list and appendix under 

12 subsection (c), a project or separable element of a 

13 project identified in the final deauthorization list is 

14 hereby deauthorized, unless Congress passes a joint 

15 resolution disapproving the final deauthorization list 

16 prior to the end of such period. 

17 (2) NON-FEDERAL CONTRIBUTIONS.— 

18 (A) IN GENERAL.—A project or separable 

19 element of a project identified in the final de20 authorization list under subsection (c) shall not 

21 be deauthorized under this subsection if, before 

22 the expiration of the 180-day period referred to 

23 in paragraph (1), the non-Federal interest for 

24 the project or separable element of the project 
155 

•S 612 EAH 

1 provides sufficient funds to complete the project 

2 or separable element of the project. 

3 (B) TREATMENT OF PROJECTS.—Notwith4 standing subparagraph (A), each project and 

5 separable element of a project identified in the 

6 final deauthorization list shall be treated as de7 authorized for purposes of the aggregate de8 authorization amount specified in subsection 

9 (c)(2)(A). 

10 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

11 project or separable element of a project identified in 

12 the appendix to the final deauthorization list shall re13 main subject to future deauthorization by Congress. 

14 (e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS

15 FOR POST-AUTHORIZATION STUDY.—A project or separable 

16 element of a project may not be identified on the interim 

17 deauthorization list developed under subsection (b), or the 

18 final deauthorization list developed under subsection (c), if 

19 the project or separable element received funding for a post20 authorization study during the current fiscal year or any 

21 of the 6 preceding fiscal years. 

22 (f) GENERAL PROVISIONS.— 

23 (1) DEFINITIONS.—In this section, the following 

24 definitions apply: 
156 

•S 612 EAH 

1 (A) POST-AUTHORIZATION STUDY.—The 

2 term ‘‘post-authorization study’’ means— 

3 (i) a feasibility report developed under 

4 section 905 of the Water Resources Develop5 ment Act of 1986 (33 U.S.C. 2282); 

6 (ii) a feasibility study, as defined in 

7 section 105(d) of the Water Resources Devel8 opment Act of 1986 (33 U.S.C. 2215(d)); or 

9 (iii) a review conducted under section 

10 216 of the Flood Control Act of 1970 (33 

11 U.S.C. 549a), including an initial ap12 praisal that— 

13 (I) demonstrates a Federal inter14 est; and 

15 (II) requires additional analysis 

16 for the project or separable element. 

17 (B) WATER RESOURCES DEVELOPMENT

18 PROJECT.—The term ‘‘water resources develop19 ment project’’ includes an environmental infra20 structure assistance project or program of the 

21 Corps of Engineers. 

22 (2) TREATMENT OF PROJECT MODIFICATIONS.— 

23 For purposes of this section, if an authorized water 

24 resources development project or separable element of 

25 the project has been modified by an Act of Congress, 
157 

•S 612 EAH 

1 the date of the authorization of the project or sepa2 rable element shall be deemed to be the date of the 

3 most recent modification. 

4 (g) REPEAL.—Subsection (a) and subsections (c) 

5 through (f) of section 6001 of the Water Resources Reform 

6 and Development Act of 2014 (33 U.S.C. 579b) are re7 pealed. 

8 SEC. 1302. BACKLOG PREVENTION. 

9 (a) PROJECT DEAUTHORIZATION.— 

10 (1) IN GENERAL.—A water resources develop11 ment project, or separable element of such a project, 

12 authorized for construction by this Act shall not be 

13 authorized after the last day of the 10-year period be14 ginning on the date of enactment of this Act unless— 

15 (A) funds have been obligated for construc16 tion of, or a post-authorization study for, such 

17 project or separable element during that period; 

18 or 

19 (B) the authorization contained in this Act 

20 has been modified by a subsequent Act of Con21 gress. 

22 (2) IDENTIFICATION OF PROJECTS.—Not later 

23 than 60 days after the expiration of the 10-year pe24 riod referred to in paragraph (1), the Secretary shall 

25 submit to the Committee on Environment and Public 
158 

•S 612 EAH 

1 Works of the Senate and the Committee on Transpor2 tation and Infrastructure of the House of Representa3 tives a report that identifies the projects deauthorized 

4 under paragraph (1). 

5 (b) REPORT TO CONGRESS.—Not later than 60 days 

6 after the expiration of the 12-year period beginning on the 

7 date of enactment of this Act, the Secretary shall submit 

8 to the Committee on Environment and Public Works of the 

9 Senate and the Committee on Transportation and Infra10 structure of the House of Representatives, and make avail11 able to the public, a report that contains— 

12 (1) a list of any water resources development 

13 projects authorized by this Act for which construction 

14 has not been completed during that period; 

15 (2) a description of the reasons the projects were 

16 not completed; 

17 (3) a schedule for the completion of the projects 

18 based on expected levels of appropriations; and 

19 (4) a 5-year and 10-year projection of construc20 tion backlog and any recommendations to Congress 

21 regarding how to mitigate current problems and the 

22 backlog. 

23 SEC. 1303. VALDEZ, ALASKA. 

24 (a) IN GENERAL.—Subject to subsection (b), the por25 tion of the project for navigation, Valdez, Alaska, identified 
159 

•S 612 EAH 

1 as Tract G, Harbor Subdivision, shall not be subject to 

2 navigational servitude beginning on the date of enactment 

3 of this Act. 

4 (b) ENTRY BY FEDERAL GOVERNMENT.—The Federal 

5 Government may enter upon the property referred to in sub6 section (a) to carry out any required operation and mainte7 nance of the general navigation features of the project re8 ferred to in subsection (a). 

9 SEC. 1304. LOS ANGELES COUNTY DRAINAGE AREA, LOS AN10 GELES COUNTY, CALIFORNIA. 

11 (a) IN GENERAL.—The Secretary shall— 

12 (1) prioritize the updating of the water control 

13 manuals for control structures for the project for flood 

14 control, Los Angeles County Drainage Area, Los An15 geles County, California, authorized by section 101(b) 

16 of the Water Resources Development Act of 1990 

17 (Public Law 101–640; 104 Stat. 4611); and 

18 (2) integrate and incorporate into the project 

19 seasonal operations for water conservation and water 

20 supply. 

21 (b) PARTICIPATION.—The update referred to in sub22 section (a) shall be done in coordination with all appro23 priate Federal agencies, elected officials, and members of 

24 the public. 
160 

•S 612 EAH 

1 SEC. 1305. SUTTER BASIN, CALIFORNIA. 

2 (a) IN GENERAL.—The separable element constituting 

3 the locally preferred plan increment reflected in the report 

4 of the Chief of Engineers dated March 12, 2014, and author5 ized for construction in item 8 of the table contained in 

6 section 7002(2) of the Water Resources Reform and Develop7 ment Act of 2014 (Public Law 113–121; 128 Stat. 1366) 

8 is no longer authorized beginning on the date of enactment 

9 of this Act. 

10 (b) SAVINGS PROVISIONS.—The deauthorization under 

11 subsection (a) does not affect— 

12 (1) the national economic development plan sep13 arable element reflected in the report of the Chief of 

14 Engineers dated March 12, 2014, and authorized for 

15 construction in item 8 of the table contained in sec16 tion 7002(2) of the Water Resources Reform and De17 velopment Act of 2014 (Public Law 113–121; 128 

18 Stat. 1366); or 

19 (2) previous authorizations providing for the 

20 Sacramento River and major and minor tributaries 

21 project, including— 

22 (A) section 2 of the Act of March 1, 1917 

23 (39 Stat. 949, chapter 144); 

24 (B) section 10 of the Act of December 22, 

25 1944 (58 Stat. 900, chapter 665); 
161 

•S 612 EAH 

1 (C) section 204 of the Flood Control Act of 

2 1950 (64 Stat. 177, chapter 188); and 

3 (D) any other Acts relating to the author4 ization for the Sacramento River and major and 

5 minor tributaries project along the Feather River 

6 right bank between levee stationing 1483+33 

7 and levee stationing 2368+00. 

8 SEC. 1306. ESSEX RIVER, MASSACHUSETTS. 

9 (a) DEAUTHORIZATION.—The portions of the project 

10 for navigation, Essex River, Massachusetts, authorized by 

11 the Act of July 13, 1892 (27 Stat. 88, chapter 158), and 

12 modified by the Act of March 3, 1899 (30 Stat. 1121, chap13 ter 425), and the Act of March 2, 1907 (34 Stat. 1073, chap14 ter 2509), that do not lie within the areas described in sub15 section (b) are no longer authorized beginning on the date 

16 of enactment of this Act. 

17 (b) DESCRIPTION OF PROJECT AREAS.—The areas de18 scribed in this subsection are as follows: Beginning at a 

19 point N3056139.82 E851780.21, thence southwesterly about 

20 156.88 feet to a point N3055997.75 E851713.67; thence 

21 southwesterly about 64.59 feet to a point N3055959.37 

22 E851661.72; thence southwesterly about 145.14 feet to a 

23 point N3055887.10 E851535.85; thence southwesterly about 

24 204.91 feet to a point N3055855.12 E851333.45; thence 

25 northwesterly about 423.50 feet to a point N3055976.70 
162 

•S 612 EAH 

1 E850927.78; thence northwesterly about 58.77 feet to a 

2 point N3056002.99 E850875.21; thence northwesterly about 

3 240.57 feet to a point N3056232.82 E850804.14; thence 

4 northwesterly about 203.60 feet to a point N3056435.41 

5 E850783.93; thence northwesterly about 78.63 feet to a 

6 point N3056499.63 E850738.56; thence northwesterly about 

7 60.00 feet to a point N3056526.30 E850684.81; thence 

8 southwesterly about 85.56 feet to a point N3056523.33 

9 E850599.31; thence southwesterly about 36.20 feet to a 

10 point N3056512.37 E850564.81; thence southwesterly about 

11 80.10 feet to a point N3056467.08 E850498.74; thence 

12 southwesterly about 169.05 feet to a point N3056334.36 

13 E850394.03; thence northwesterly about 48.52 feet to a 

14 point N3056354.38 E850349.83; thence northeasterly about 

15 83.71 feet to a point N3056436.35 E850366.84; thence 

16 northeasterly about 212.38 feet to a point N3056548.70 

17 E850547.07; thence northeasterly about 47.60 feet to a point 

18 N3056563.12 E850592.43; thence northeasterly about 

19 101.16 feet to a point N3056566.62 E850693.53; thence 

20 southeasterly about 80.22 feet to a point N3056530.97 

21 E850765.40; thence southeasterly about 99.29 feet to a point 

22 N3056449.88 E850822.69; thence southeasterly about 

23 210.12 feet to a point N3056240.79 E850843.54; thence 

24 southeasterly about 219.46 feet to a point N3056031.13 

25 E850908.38; thence southeasterly about 38.23 feet to a point 
163 

•S 612 EAH 

1 N3056014.02 E850942.57; thence southeasterly about 

2 410.93 feet to a point N3055896.06 E851336.21; thence 

3 northeasterly about 188.43 feet to a point N3055925.46 

4 E851522.33; thence northeasterly about 135.47 feet to a 

5 point N3055992.91 E851639.80; thence northeasterly about 

6 52.15 feet to a point N3056023.90 E851681.75; thence 

7 northeasterly about 91.57 feet to a point N3056106.82 

8 E851720.59. 

9 SEC. 1307. PORT OF CASCADE LOCKS, OREGON. 

10 (a) EXTINGUISHMENT OF PORTIONS OF EXISTING

11 FLOWAGE EASEMENT.—With respect to the properties de12 scribed in subsection (b), beginning on the date of enact13 ment of this Act, the flowage easements described in sub14 section (c) are extinguished above elevation 82.2 feet 

15 (NGVD29), the ordinary high water line. 

16 (b) AFFECTED PROPERTIES.—The properties described 

17 in this subsection, as recorded in Hood River County, Or18 egon, are as follows: 

19 (1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade 

20 Locks Business Park’’ subdivision, Instrument Num21 ber 2014–00436. 

22 (2) Parcels 1, 2, and 3 of Hood River County 

23 Partition, Plat Number 2008–25P. 

24 (c) FLOWAGE EASEMENTS.—The flowage easements de25 scribed in this subsection are identified as Tracts 302E– 
164 

•S 612 EAH 

1 1 and 304E–1 on the easement deeds recorded as instru2 ments in Hood River County, Oregon, and described as fol3 lows: 

4 (1) A flowage easement dated October 3, 1936, 

5 recorded December 1, 1936, book 25, page 531 

6 (Records of Hood River County, Oregon), in favor of 

7 the United States (302E–1–Perpetual Flowage Ease8 ment from 10/5/37, 10/5/36, and 10/3/36; previously 

9 acquired as Tracts OH–36 and OH–41 and a portion 

10 of Tract OH–47). 

11 (2) A flowage easement dated October 5, 1936, 

12 recorded October 17, 1936, book 25, page 476 (Records 

13 of Hood River County, Oregon), in favor of the 

14 United States, affecting that portion below the 94-foot 

15 contour line above main sea level (304 E1–Perpetual 

16 Flowage Easement from 8/10/37 and 10/3/36; pre17 viously acquired as Tract OH–042 and a portion of 

18 Tract OH–47). 

19 (d) FEDERAL LIABILITIES; CULTURAL, ENVIRON20 MENTAL, AND OTHER REGULATORY REVIEWS.— 

21 (1) FEDERAL LIABILITY.—The United States 

22 shall not be liable for any injury caused by the extin23 guishment of an easement under this section. 

24 (2) CULTURAL AND ENVIRONMENTAL REGU25 LATORY ACTIONS.—Nothing in this section establishes 
165 

•S 612 EAH 

1 any cultural or environmental regulation relating to 

2 the properties described in subsection (b). 

3 (e) EFFECT ON OTHER RIGHTS.—Nothing in this sec4 tion affects any remaining right or interest of the Corps 

5 of Engineers in the properties described in subsection (b). 

6 SEC. 1308. CENTRAL DELAWARE RIVER, PHILADELPHIA, 

7 PENNSYLVANIA. 

8 (a) AREA TO BE DECLARED NONNAVIGABLE.—Subject 

9 to subsection (c), unless the Secretary finds, after consulta10 tion with local and regional public officials (including local 

11 and regional public planning organizations), that there are 

12 substantive objections, those portions of the Delaware River, 

13 bounded by the former bulkhead and pierhead lines that 

14 were established by the Secretary of War and successors and 

15 described as follows, are declared to be nonnavigable waters 

16 of the United States: 

17 (1) Piers 70 South through 38 South, encom18 passing an area bounded by the southern line of 

19 Moore Street extended to the northern line of Cath20 erine Street extended, including the following piers: 

21 Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 

22 40, and 38. 

23 (2) Piers 24 North through 72 North, encom24 passing an area bounded by the southern line of Cal25 lowhill Street extended to the northern line of East 
166 

•S 612 EAH 

1 Fletcher Street extended, including the following 

2 piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 

3 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and 

4 Rivercenter. 

5 (b) PUBLIC INTEREST DETERMINATION.—The Sec6 retary shall make the public interest determination under 

7 subsection (a) separately for each proposed project to be un8 dertaken within the boundaries described in subsection (a), 

9 using reasonable discretion, not later than 150 days after 

10 the date of submission of appropriate plans for the proposed 

11 project. 

12 (c) LIMITS ON APPLICABILITY.—The declaration under 

13 subsection (a) shall apply only to those parts of the areas 

14 described in subsection (a) that are or will be bulkheaded 

15 and filled or otherwise occupied by permanent structures, 

16 including marina and recreation facilities. 

17 SEC. 1309. HUNTINGDON COUNTY, PENNSYLVANIA. 

18 (a) IN GENERAL.—The Secretary shall— 

19 (1) prioritize the updating of the master plan for 

20 the Juniata River and tributaries project, Hun21 tingdon County, Pennsylvania, authorized by section 

22 203 of the Flood Control Act of 1962 (Public Law 87– 

23 874; 76 Stat. 1182); and 

24 (2) ensure that alternatives for additional recre25 ation access and development at the project are fully 
167 

•S 612 EAH 

1 assessed, evaluated, and incorporated as a part of the 

2 update. 

3 (b) PARTICIPATION.—The update referred to in sub4 section (a) shall be done in coordination with all appro5 priate Federal agencies, elected officials, and members of 

6 the public. 

7 (c) INVENTORY.—In carrying out the update under 

8 subsection (a), the Secretary shall include an inventory of 

9 those lands that are not necessary to carry out the author10 ized purposes of the project. 

11 SEC. 1310. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 

12 Section 38(c) of the Water Resources Development Act 

13 of 1988 (33 U.S.C. 59j–1(c)) is amended— 

14 (1) by striking ‘‘(except 30 years from such date 

15 of enactment, in the case of the area or any part 

16 thereof described in subsection (a)(5))’’; and 

17 (2) by adding at the end the following: ‘‘Notwith18 standing the preceding sentence, the declaration of 

19 nonnavigability for the area described in subsection 

20 (a)(5), or any part thereof, shall not expire.’’. 

21 SEC. 1311. SALT CREEK, GRAHAM, TEXAS. 

22 (a) IN GENERAL.—The project for flood control, envi23 ronmental restoration, and recreation, Salt Creek, Graham, 

24 Texas, authorized by section 101(a)(30) of the Water Re25 sources Development Act of 1999 (Public Law 106–53; 113 
168 

•S 612 EAH 

1 Stat. 278), is no longer authorized as a Federal project be2 ginning on the date of enactment of this Act. 

3 (b) CERTAIN PROJECT-RELATED CLAIMS.—The non4 Federal interest for the project shall hold and save the 

5 United States harmless from any claim that has arisen, or 

6 that may arise, in connection with the project. 

7 (c) TRANSFER.—The Secretary is authorized to trans8 fer any land acquired by the Federal Government for the 

9 project on behalf of the non-Federal interest that remains 

10 in Federal ownership on or after the date of enactment of 

11 this Act to the non-Federal interest. 

12 (d) REVERSION.—If the Secretary determines that 

13 land transferred under subsection (c) ceases to be owned by 

14 the public, all right, title, and interest in and to the land 

15 and improvements thereon shall revert, at the discretion of 

16 the Secretary, to the United States. 

17 SEC. 1312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 

18 (a) IN GENERAL.—The portion of the Texas City Ship 

19 Channel, Texas City, Texas, described in subsection (b) 

20 shall not be subject to navigational servitude beginning on 

21 the date of enactment of this Act. 

22 (b) DESCRIPTION.—The portion of the Texas City Ship 

23 Channel described in this subsection is a tract or parcel 

24 containing 393.53 acres (17,142,111 square feet) of land sit25 uated in the City of Texas City Survey, Abstract Number 
169 

•S 612 EAH 

1 681, and State of Texas Submerged Lands Tracts 98A and 

2 99A, Galveston County, Texas, said 393.53 acre tract being 

3 more particularly described as follows: 

4 (1) Beginning at the intersection of an edge of 

5 fill along Galveston Bay with the most northerly east 

6 survey line of said City of Texas City Survey, Ab7 stract No. 681, the same being a called 375.75 acre 

8 tract patented by the State of Texas to the City of 

9 Texas City and recorded in Volume 1941, Page 750 

10 of the Galveston County Deed Records (G.C.D.R.), 

11 from which a found U.S. Army Corps of Engineers 

12 Brass Cap stamped ‘‘R 4–3’’ set in the top of the 

13 Texas City Dike along the east side of Bay Street 

14 bears North 56° 14’ 32’’ West, a distance of 6,045.31 

15 feet and from which a found U.S. Army Corps of En16 gineers Brass Cap stamped ‘‘R 4–2’’ set in the top of 

17 the Texas City Dike along the east side of Bay Street 

18 bears North 49° 13’ 20’’ West, a distance of 6,693.64 

19 feet. 

20 (2) Thence, over and across said State Tracts 

21 98A and 99A and along the edge of fill along said 

22 Galveston Bay, the following 8 courses and distances: 

23 (A) South 75° 49’ 13’’ East, a distance of 

24 298.08 feet to an angle point of the tract herein 

25 described. 
170 

•S 612 EAH 

1 (B) South 81° 16’ 26’’ East, a distance of 

2 170.58 feet to an angle point of the tract herein 

3 described. 

4 (C) South 79° 20’ 31’’ East, a distance of 

5 802.34 feet to an angle point of the tract herein 

6 described. 

7 (D) South 75° 57’ 32’’ East, a distance of 

8 869.68 feet to a point for the beginning of a non9 tangent curve to the right. 

10 (E) Easterly along said non-tangent curve 

11 to the right having a radius of 736.80 feet, a cen12 tral angle of 24° 55’ 59’’, a chord of South 68° 

13 47’ 35’’ East – 318.10 feet, and an arc length of 

14 320.63 feet to a point for the beginning of a non15 tangent curve to the left. 

16 (F) Easterly along said non-tangent curve 

17 to the left having a radius of 373.30 feet, a cen18 tral angle of 31° 57’ 42’’, a chord of South 66° 

19 10’ 42’’ East – 205.55 feet, and an arc length of 

20 208.24 feet to a point for the beginning of a non21 tangent curve to the right. 

22 (G) Easterly along said non-tangent curve 

23 to the right having a radius of 15,450.89 feet, a 

24 central angle of 02° 04’ 10’’, a chord of South 

25 81° 56’ 20’’ East – 558.04 feet, and an arc 
171 

•S 612 EAH 

1 length of 558.07 feet to a point for the beginning 

2 of a compound curve to the right and the north3 easterly corner of the tract herein described. 

4 (H) Southerly along said compound curve 

5 to the right and the easterly line of the tract 

6 herein described, having a radius of 1,425.00 

7 feet, a central angle of 133° 08’ 00’’, a chord of 

8 South 14° 20’ 15’’ East – 2,614.94 feet, and an 

9 arc length of 3,311.15 feet to a point on a line 

10 lying 125.00 feet northerly of and parallel with 

11 the centerline of an existing levee for the south12 easterly corner of the tract herein described. 

13 (3) Thence, continuing over and across said 

14 State Tracts 98A and 99A and along lines lying 

15 125.00 feet northerly of, parallel, and concentric with 

16 the centerline of said existing levee, the following 12 

17 courses and distances: 

18 (A) North 78° 01’ 58’’ West, a distance of 

19 840.90 feet to an angle point of the tract herein 

20 described. 

21 (B) North 76° 58’ 35’’ West, a distance of 

22 976.66 feet to an angle point of the tract herein 

23 described. 
172 

•S 612 EAH 

1 (C) North 76° 44’ 33’’ West, a distance of 

2 1,757.03 feet to a point for the beginning of a 

3 tangent curve to the left. 

4 (D) Southwesterly, along said tangent curve 

5 to the left having a radius of 185.00 feet, a cen6 tral angle of 82° 27’ 32’’, a chord of South 62° 

7 01’ 41’’ West – 243.86 feet, and an arc length of 

8 266.25 feet to a point for the beginning of a com9 pound curve to the left. 

10 (E) Southerly, along said compound curve 

11 to the left having a radius of 4,535.58 feet, a cen12 tral angle of 11° 06’ 58’’, a chord of South 15° 

13 14’ 26’’ West – 878.59 feet, and an arc length of 

14 879.97 feet to an angle point of the tract herein 

15 described. 

16 (F) South 64° 37’ 11’’ West, a distance of 

17 146.03 feet to an angle point of the tract herein 

18 described. 

19 (G) South 67° 08’ 21’’ West, a distance of 

20 194.42 feet to an angle point of the tract herein 

21 described. 

22 (H) North 34° 48’ 22’’ West, a distance of 

23 789.69 feet to an angle point of the tract herein 

24 described. 
173 

•S 612 EAH 

1 (I) South 42° 47’ 10’’ West, a distance of 

2 161.01 feet to an angle point of the tract herein 

3 described. 

4 (J) South 42° 47’ 10’’ West, a distance of 

5 144.66 feet to a point for the beginning of a tan6 gent curve to the right. 

7 (K) Westerly, along said tangent curve to 

8 the right having a radius of 310.00 feet, a cen9 tral angle of 59° 50’ 28’’, a chord of South 72° 

10 42’ 24’’ West – 309.26 feet, and an arc length of 

11 323.77 feet to an angle point of the tract herein 

12 described. 

13 (L) North 77° 22’ 21’’ West, a distance of 

14 591.41 feet to the intersection of said parallel 

15 line with the edge of fill adjacent to the easterly 

16 edge of the Texas City Turning Basin for the 

17 southwesterly corner of the tract herein described, 

18 from which a found U.S. Army Corps of Engi19 neers Brass Cap stamped ‘‘SWAN 2’’ set in the 

20 top of a concrete column set flush in the ground 

21 along the north bank of Swan Lake bears South 

22 20° 51’ 58’’ West, a distance of 4,862.67 feet. 

23 (4) Thence, over and across said City of Texas 

24 City Survey and along the edge of fill adjacent to the 
174 

•S 612 EAH 

1 easterly edge of said Texas City Turning Basin, the 

2 following 18 courses and distances: 

3 (A) North 01° 34’ 19’’ East, a distance of 

4 57.40 feet to an angle point of the tract herein 

5 described. 

6 (B) North 05° 02’ 13’’ West, a distance of 

7 161.85 feet to an angle point of the tract herein 

8 described. 

9 (C) North 06° 01’ 56’’ East, a distance of 

10 297.75 feet to an angle point of the tract herein 

11 described. 

12 (D) North 06° 18’ 07’’ West, a distance of 

13 71.33 feet to an angle point of the tract herein 

14 described. 

15 (E) North 07° 21’ 09’’ West, a distance of 

16 122.45 feet to an angle point of the tract herein 

17 described. 

18 (F) North 26° 41’ 15’’ West, a distance of 

19 46.02 feet to an angle point of the tract herein 

20 described. 

21 (G) North 01° 31’ 59’’ West, a distance of 

22 219.78 feet to an angle point of the tract herein 

23 described. 
175 

•S 612 EAH 

1 (H) North 15° 54’ 07’’ West, a distance of 

2 104.89 feet to an angle point of the tract herein 

3 described. 

4 (I) North 04° 00’ 34’’ East, a distance of 

5 72.94 feet to an angle point of the tract herein 

6 described. 

7 (J) North 06° 46’ 38’’ West, a distance of 

8 78.89 feet to an angle point of the tract herein 

9 described. 

10 (K) North 12° 07’ 59’’ West, a distance of 

11 182.79 feet to an angle point of the tract herein 

12 described. 

13 (L) North 20° 50’ 47’’ West, a distance of 

14 105.74 feet to an angle point of the tract herein 

15 described. 

16 (M) North 02° 02’ 04’’ West, a distance of 

17 184.50 feet to an angle point of the tract herein 

18 described. 

19 (N) North 08° 07’ 11’’ East, a distance of 

20 102.23 feet to an angle point of the tract herein 

21 described. 

22 (O) North 08° 16’ 00’’ West, a distance of 

23 213.45 feet to an angle point of the tract herein 

24 described. 
176 

•S 612 EAH 

1 (P) North 03° 15’ 16’’ West, a distance of 

2 336.45 feet to a point for the beginning of a non3 tangent curve to the left. 

4 (Q) Northerly along said non-tangent curve 

5 to the left having a radius of 896.08 feet, a cen6 tral angle of 14° 00’ 05’’, a chord of North 09° 

7 36’ 03’’ West – 218.43 feet, and an arc length of 

8 218.97 feet to a point for the beginning of a non9 tangent curve to the right. 

10 (R) Northerly along said non-tangent curve 

11 to the right having a radius of 483.33 feet, a cen12 tral angle of 19° 13’ 34’’, a chord of North 13° 

13 52’ 03’’ East – 161.43 feet, and an arc length of 

14 162.18 feet to a point for the northwesterly cor15 ner of the tract herein described. 

16 (5) Thence, continuing over and across said City 

17 of Texas City Survey, and along the edge of fill along 

18 said Galveston Bay, the following 15 courses and dis19 tances: 

20 (A) North 30° 45’ 02’’ East, a distance of 

21 189.03 feet to an angle point of the tract herein 

22 described. 

23 (B) North 34° 20’ 49’’ East, a distance of 

24 174.16 feet to a point for the beginning of a non25 tangent curve to the right. 
177 

•S 612 EAH 

1 (C) Northeasterly along said non-tangent 

2 curve to the right having a radius of 202.01 feet, 

3 a central angle of 25° 53’ 37’’, a chord of North 

4 33° 14’ 58’’ East – 90.52 feet, and an arc length 

5 of 91.29 feet to a point for the beginning of a 

6 non-tangent curve to the left. 

7 (D) Northeasterly along said non-tangent 

8 curve to the left having a radius of 463.30 feet, 

9 a central angle of 23° 23’ 57’’, a chord of North 

10 48° 02’ 53’’ East – 187.90 feet, and an arc 

11 length of 189.21 feet to a point for the beginning 

12 of a non-tangent curve to the right. 

13 (E) Northeasterly along said non-tangent 

14 curve to the right having a radius of 768.99 feet, 

15 a central angle of 16° 24’ 19’’, a chord of North 

16 43° 01’ 40’’ East – 219.43 feet, and an arc 

17 length of 220.18 feet to an angle point of the 

18 tract herein described. 

19 (F) North 38° 56’ 50’’ East, a distance of 

20 126.41 feet to an angle point of the tract herein 

21 described. 

22 (G) North 42° 59’ 50’’ East, a distance of 

23 128.28 feet to a point for the beginning of a non24 tangent curve to the right. 
178 

•S 612 EAH 

1 (H) Northerly along said non-tangent curve 

2 to the right having a radius of 151.96 feet, a cen3 tral angle of 68° 36’ 31’’, a chord of North 57° 

4 59’ 42’’ East – 171.29 feet, and an arc length of 

5 181.96 feet to a point for the most northerly cor6 ner of the tract herein described. 

7 (I) South 77° 14’ 49’’ East, a distance of 

8 131.60 feet to an angle point of the tract herein 

9 described. 

10 (J) South 84° 44’ 18’’ East, a distance of 

11 86.58 feet to an angle point of the tract herein 

12 described. 

13 (K) South 58° 14’ 45’’ East, a distance of 

14 69.62 feet to an angle point of the tract herein 

15 described. 

16 (L) South 49° 44’ 51’’ East, a distance of 

17 149.00 feet to an angle point of the tract herein 

18 described. 

19 (M) South 44° 47’ 21’’ East, a distance of 

20 353.77 feet to a point for the beginning of a non21 tangent curve to the left. 

22 (N) Easterly along said non-tangent curve 

23 to the left having a radius of 253.99 feet, a cen24 tral angle of 98° 53’ 23’’, a chord of South 83° 

25 28’ 51’’ East – 385.96 feet, and an arc length of 
179 

•S 612 EAH 

1 438.38 feet to an angle point of the tract herein 

2 described. 

3 (O) South 75° 49’ 13’’ East, a distance of 

4 321.52 feet to the point of beginning and con5 taining 393.53 acres (17,142,111 square feet) of 

6 land. 

7 SEC. 1313. STONINGTON HARBOUR, CONNECTICUT. 

8 The portion of the project for navigation, Stonington 

9 Harbour, Connecticut, authorized by the Act of May 23, 

10 1828 (4 Stat. 288, chapter 73), that consists of the inner 

11 stone breakwater that begins at coordinates N. 682,146.42, 

12 E. 1231,378.69, running north 83.587 degrees west 166.79’ 

13 to a point N. 682,165.05, E. 1,231,212.94, running north 

14 69.209 degrees west 380.89’ to a point N. 682,300.25, E. 

15 1,230,856.86, is no longer authorized as a Federal project 

16 beginning on the date of enactment of this Act. 

17 SEC. 1314. RED RIVER BELOW DENISON DAM, TEXAS, OKLA18 HOMA, ARKANSAS, AND LOUISIANA. 

19 The portion of the project for flood control with respect 

20 to the Red River below Denison Dam, Texas, Oklahoma, 

21 Arkansas, and Louisiana, authorized by section 10 of the 

22 Flood Control Act of 1946 (60 Stat. 647, chapter 596), con23 sisting of the portion of the West Agurs Levee that begins 

24 at lat. 32° 32’ 50.86’’ N., by long. 93° 46’ 16.82’’ W., and 

25 ends at lat. 32° 31’ 22.79’’ N., by long. 93° 45’ 2.47’’ W., 
180 

•S 612 EAH 

1 is no longer authorized beginning on the date of enactment 

2 of this Act. 

3 SEC. 1315. GREEN RIVER AND BARREN RIVER, KENTUCKY. 

4 (a) IN GENERAL.—Beginning on the date of enactment 

5 of this Act, commercial navigation at the locks and dams 

6 identified in the report of the Chief of Engineers entitled 

7 ‘‘Green River Locks and Dams 3, 4, 5, and 6 and Barren 

8 River Lock and Dam 1, Kentucky’’ and dated April 30, 

9 2015, shall no longer be authorized, and the land and im10 provements associated with the locks and dams shall be dis11 posed of— 

12 (1) consistent with this section; and 

13 (2) subject to such terms and conditions as the 

14 Secretary determines to be necessary and appropriate 

15 in the public interest. 

16 (b) DISPOSITION.— 

17 (1) GREEN RIVER LOCK AND DAM 3.—The Sec18 retary shall convey to the Rochester Dam Regional 

19 Water Commission all right, title, and interest of the 

20 United States in and to the land associated with 

21 Green River Lock and Dam 3, located in Ohio Coun22 ty and Muhlenberg County, Kentucky, together with 

23 any improvements on the land. 

24 (2) GREEN RIVER LOCK AND DAM 4.—The Sec25 retary shall convey to Butler County, Kentucky, all 
181 

•S 612 EAH 

1 right, title, and interest of the United States in and 

2 to the land associated with Green River Lock and 

3 Dam 4, located in Butler County, Kentucky, together 

4 with any improvements on the land. 

5 (3) GREEN RIVER LOCK AND DAM 5.—The Sec6 retary shall convey to the State of Kentucky, a polit7 ical subdivision of the State of Kentucky, or a non8 profit, nongovernmental organization all right, title, 

9 and interest of the United States in and to the land 

10 associated with Green River Lock and Dam 5, located 

11 in Edmonson County, Kentucky, together with any 

12 improvements on the land, for the purposes of— 

13 (A) removing Lock and Dam 5 from the 

14 river at the earliest feasible time; and 

15 (B) making the land available for conserva16 tion and public recreation, including river ac17 cess. 

18 (4) GREEN RIVER LOCK AND DAM 6.— 

19 (A) IN GENERAL.—The Secretary shall 

20 transfer to the Secretary of the Interior adminis21 trative jurisdiction over the portion of the land 

22 associated with Green River Lock and Dam 6, 

23 Edmonson County, Kentucky, that is located on 

24 the left descending bank of the Green River, to-
182 

•S 612 EAH 

1 gether with any improvements on the land, for 

2 inclusion in Mammoth Cave National Park. 

3 (B) TRANSFER TO THE STATE OF KEN4 TUCKY.—The Secretary shall convey to the State 

5 of Kentucky all right, title, and interest of the 

6 United States in and to the portion of the land 

7 associated with Green River Lock and Dam 6, 

8 Edmonson County, Kentucky, that is located on 

9 the right descending bank of the Green River, to10 gether with any improvements on the land, for 

11 use by the Department of Fish and Wildlife Re12 sources of the State of Kentucky for the purposes 

13 of— 

14 (i) removing Lock and Dam 6 from the 

15 river at the earliest feasible time; and 

16 (ii) making the land available for con17 servation and public recreation, including 

18 river access. 

19 (5) BARREN RIVER LOCK AND DAM 1.—The Sec20 retary shall convey to the State of Kentucky, all right, 

21 title, and interest of the United States in and to the 

22 land associated with Barren River Lock and Dam 1, 

23 located in Warren County, Kentucky, together with 

24 any improvements on the land, for use by the Depart-
183 

•S 612 EAH 

1 ment of Fish and Wildlife Resources of the State of 

2 Kentucky for the purposes of— 

3 (A) removing Lock and Dam 1 from the 

4 river at the earliest feasible time; and 

5 (B) making the land available for conserva6 tion and public recreation, including river ac7 cess. 

8 (c) CONDITIONS.— 

9 (1) IN GENERAL.—The exact acreage and legal 

10 description of any land to be disposed of, transferred, 

11 or conveyed under this section shall be determined by 

12 a survey satisfactory to the Secretary. 

13 (2) QUITCLAIM DEED.—A conveyance under 

14 paragraph (1), (2), (4), or (5) of subsection (b) shall 

15 be accomplished by quitclaim deed and without con16 sideration. 

17 (3) ADMINISTRATIVE COSTS.—The Secretary 

18 shall be responsible for all administrative costs associ19 ated with a transfer or conveyance under this section, 

20 including the costs of a survey carried out under 

21 paragraph (1). 

22 (4) REVERSION.—If the Secretary determines 

23 that the land conveyed under this section is not used 

24 by a non-Federal entity for a purpose that is con25 sistent with the purpose of the conveyance, all right, 
184 

•S 612 EAH 

1 title, and interest in and to the land, including any 

2 improvements on the land, shall revert, at the discre3 tion of the Secretary, to the United States, and the 

4 United States shall have the right of immediate entry 

5 onto the land. 

6 SEC. 1316. HANNIBAL SMALL BOAT HARBOR, HANNIBAL, 

7 MISSOURI. 

8 The project for navigation at Hannibal Small Boat 

9 Harbor on the Mississippi River, Hannibal, Missouri, au10 thorized by section 101 of the River and Harbor Act of 1950 

11 (64 Stat. 166, chapter 188), is no longer authorized begin12 ning on the date of enactment of this Act, and any mainte13 nance requirements associated with the project are termi14 nated. 

15 SEC. 1317. LAND TRANSFER AND TRUST LAND FOR 

16 MUSCOGEE (CREEK) NATION. 

17 (a) TRANSFER.— 

18 (1) IN GENERAL.—Subject to paragraph (2) and 

19 for the consideration described in subsection (c), the 

20 Secretary shall transfer to the Secretary of the Inte21 rior the land described in subsection (b) to be held in 

22 trust for the benefit of the Muscogee (Creek) Nation. 

23 (2) CONDITIONS.—The land transfer under this 

24 subsection shall be subject to the following conditions: 

25 (A) The transfer— 
185 

•S 612 EAH 

1 (i) shall not interfere with the Corps of 

2 Engineers operation of the Eufaula Lake 

3 Project or any other authorized civil works 

4 project; and 

5 (ii) shall be subject to such other terms 

6 and conditions as the Secretary determines 

7 to be necessary and appropriate to ensure 

8 the continued operation of the Eufaula Lake 

9 Project or any other authorized civil works 

10 project. 

11 (B) The Secretary shall retain the right to 

12 inundate with water the land transferred to the 

13 Secretary of the Interior under this subsection as 

14 necessary to carry out an authorized purpose of 

15 the Eufaula Lake Project or any other civil 

16 works project. 

17 (C) No gaming activities may be conducted 

18 on the land transferred under this subsection. 

19 (b) LAND DESCRIPTION.— 

20 (1) IN GENERAL.—The land to be transferred 

21 pursuant to subsection (a) is the approximately 18.38 

22 acres of land located in the Northwest Quarter (NW 

23 1/4) of sec. 3, T. 10 N., R. 16 E., McIntosh County, 

24 Oklahoma, generally depicted as ‘‘USACE’’ on the 
186 

•S 612 EAH 

1 map entitled ‘‘Muscogee (Creek) Nation Proposed 

2 Land Acquisition’’ and dated October 16, 2014. 

3 (2) SURVEY.—The exact acreage and legal de4 scription of the land to be transferred under sub5 section (a) shall be determined by a survey satisfac6 tory to the Secretary and the Secretary of the Inte7 rior. 

8 (c) CONSIDERATION.—The Muscogee (Creek) Nation 

9 shall pay— 

10 (1) to the Secretary an amount that is equal to 

11 the fair market value of the land transferred under 

12 subsection (a), as determined by the Secretary, which 

13 funds may be accepted and expended by the Sec14 retary; and 

15 (2) all costs and administrative expenses associ16 ated with the transfer of land under subsection (a), 

17 including the costs of— 

18 (A) the survey under subsection (b)(2); 

19 (B) compliance with the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et 

21 seq.); and 

22 (C) any coordination necessary with respect 

23 to requirements related to endangered species, 

24 cultural resources, clean water, and clean air. 
187 

•S 612 EAH 

1 SEC. 1318. CAMERON COUNTY, TEXAS. 

2 (a) RELEASE.—As soon as practicable after the date 

3 of enactment of this Act, the Secretary shall execute and 

4 file in the appropriate office a deed of release, amended 

5 deed, or other appropriate instrument effectuating the re6 lease of the interests of the United States in certain tracts 

7 of land located in Cameron County, Texas, as described in 

8 subsection (d). 

9 (b) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require that any release under this section be 

11 subject to such additional terms and conditions as the Sec12 retary considers appropriate and necessary to protect the 

13 interests of the United States. 

14 (c) COSTS OF CONVEYANCE.—The Brownsville Naviga15 tion District shall be responsible for all reasonable and nec16 essary costs, including real estate transaction and environ17 mental documentation costs, associated with the releases. 

18 (d) DESCRIPTION.—The Secretary shall release all or 

19 portions of the interests in the following tracts as deter20 mined by a survey to be paid for by the Brownsville Navi21 gation District, that is satisfactory to the Secretary: 

22 (1) Tract No. 1: Being 1,277.80 Acres as con23 veyed by the Brownsville Navigation District of Cam24 eron County, Texas, to the United States of America 

25 by instrument dated September 22, 1932, and re26 corded at Volume 238, pages 578 through 580, in the 
188 

•S 612 EAH 

1 Deed Records of Cameron County, Texas, to be re2 leased and abandoned in its entirety, save and except 

3 approximately 361.03 Acres, comprised of the area 

4 designated by the U.S. Army Corps of Engineers as 

5 required for the project known as Brazos Island Har6 bor Deepening, and further save and except approxi7 mately 165.56 Acres for the existing Dredged Material 

8 Placement Area No. 4A1. 

9 (2) Tract No. 2: Being 842.28 Acres as con10 demned by the United States of America by the Final 

11 Report of Commissioners dated May 6, 1938, and re12 corded at Volume 281, pages 486 through 488, in the 

13 Deed Records of Cameron County, Texas, to be re14 leased and abandoned in its entirety, save and except 

15 approximately 178.15 Acres comprised of a strip 562 

16 feet in width, being the area designated by the U.S. 

17 Army Corps of Engineers as required for the project 

18 known as Brazos Island Harbor Deepening, further 

19 save and except approximately 76.95 Acres for the ex20 isting Dredged Material Placement Area No. 4A1, 

21 and further save and except approximately 74.40 

22 Acres for the existing Dredged Material Placement 

23 Area No. 4B1. 

24 (3) Tract No. 3: Being 362.00 Acres as conveyed 

25 by the Manufacturing and Distributing University to 
189 

•S 612 EAH 

1 the United States of America by instrument dated 

2 March 3, 1936, and recorded at Volume ‘‘R’’, page 

3 123, in the Miscellaneous Deed Records of Cameron 

4 County, Texas, to be released and abandoned in its 

5 entirety. 

6 (4) Tract No. 4: Being 9.48 Acres as conveyed by 

7 the Brownsville Navigation District of Cameron 

8 County, Texas, to the United States of America by in9 strument dated January 23, 1939, and recorded at 

10 Volume 293, pages 115 through 118, in the Deed 

11 Records of Cameron County, Texas (said 9.48 Acres 

12 are identified in said instrument as the ‘‘Second 

13 Tract’’), to be released and abandoned in its entirety, 

14 save and except approximately 1.97 Acres, comprised 

15 of the area designated by the U.S. Army Corps of En16 gineers as required for the project known as Brazos 

17 Island Harbor Deepening, plus 5.0 feet. 

18 (5) Tract No. 5: Being 10.91 Acres as conveyed 

19 by the Brownsville Navigation District of Cameron 

20 County, Texas, by instrument dated March 6, 1939, 

21 and recorded at Volume 293, pages 113 through 115, 

22 in the Deed Records of Cameron County, Texas (said 

23 10.91 Acres are identified in said instrument as 

24 ‘‘Third Tract’’), to be released and abandoned in its 

25 entirety, save and except approximately 0.36 Acre, 
190 

•S 612 EAH 

1 comprised of the area designated by the U.S. Army 

2 Corps of Engineers as required for the project known 

3 as Brazos Island Harbor Deepening. 

4 (6) Tract No. 9: Being 552.82 Acres as con5 demned by the United States of America by the Final 

6 Report of Commissioners dated May 6, 1938, and re7 corded at Volume 281, pages 483 through 486, in the 

8 Deed Records of Cameron County, Texas, to be re9 leased and abandoned in its entirety, save and except 

10 approximately 84.59 Acres, comprised of the area des11 ignated by the U.S. Army Corps of Engineers as re12 quired for the project known as Brazos Island Harbor 

13 Deepening. 

14 (7) Tract No. 10: Being 325.02 Acres as con15 demned by the United States of America by the Final 

16 Report of Commissioners dated May 7, 1935, and re17 corded at Volume 281, pages 476 through 483, in the 

18 Deed Records of Cameron County, Texas, to be re19 leased and abandoned in its entirety, save and except 

20 approximately 76.81 Acres, comprised of the area des21 ignated by the U.S. Army Corps of Engineers as re22 quired for the project known as Brazos Island Harbor 

23 Deepening. 

24 (8) Tract No. 11: Being 8.85 Acres in as con25 veyed by the Brownsville Navigation District of Cam-
191 

•S 612 EAH 

1 eron County, Texas, to the United States of America 

2 by instrument dated January 23, 1939, and recorded 

3 at Volume 293, Pages 115 through 118, in the Deed 

4 Records of Cameron County, Texas (said 8.85 Acres 

5 are identified in said instrument as the ‘‘First 

6 Tract’’), to be released and abandoned in its entirety, 

7 save and except approximately 0.30 Acres, comprised 

8 of the area within the project known as Brazos Island 

9 Harbor Deepening, plus 5.0 feet. 

10 (9) Tract No. A100E: Being 13.63 Acres in as 

11 conveyed by the Brownsville Navigation District of 

12 Cameron County, Texas, to the United States of 

13 America by instrument dated September 30, 1947, 

14 and recorded at Volume 427, page 1 through 4 in the 

15 Deed Records of Cameron County, to be released and 

16 abandoned in its entirety, save and except approxi17 mately 6.60 Acres, comprised of the area designated 

18 by the U.S. Army Corps of Engineers as required for 

19 the existing project known as Brazos Island Harbor, 

20 plus 5.0 feet. 

21 (10) Tract No. 122E: Being 31.4 Acres as con22 veyed by the Brownsville Navigation District of Cam23 eron County, Texas, to the United States of America 

24 by instrument dated December 11, 1963 and recorded 

25 at Volume 756, page 393 in the Deed Records of Cam-
192 

•S 612 EAH 

1 eron County, Texas, to be released and abandoned in 

2 its entirety, save and except approximately 4.18 Acres 

3 in Share 31 of the Espiritu Santo Grant in Cameron 

4 County, Texas, and further save and except approxi5 mately 2.04 Acres in Share 7 of the San Martin 

6 Grant in Cameron County, Texas, being portions of 

7 the area designated by the U.S. Army Corps of Engi8 neers as required for the current project known as 

9 Brazos Island Harbor, plus 5.0 feet. 

10 SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEOR11 GIA AND SOUTH CAROLINA. 

12 (a) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) NEW SAVANNAH BLUFF LOCK AND DAM.—The 

15 term ‘‘New Savannah Bluff Lock and Dam’’ means— 

16 (A) the lock and dam at New Savannah 

17 Bluff, Savannah River, Georgia and South Caro18 lina; and 

19 (B) the appurtenant features to the lock and 

20 dam, including— 

21 (i) the adjacent approximately 50-acre 

22 park and recreation area with improve23 ments made under the project for naviga24 tion, Savannah River below Augusta, Geor25 gia, authorized by the first section of the 
193 

•S 612 EAH 

1 Act of July 3, 1930 (46 Stat. 924), and the 

2 first section of the Act of August 30, 1935 

3 (49 Stat. 1032); and 

4 (ii) other land that is part of the 

5 project and that the Secretary determines to 

6 be appropriate for conveyance under this 

7 section. 

8 (2) PROJECT.—The term ‘‘Project’’ means the 

9 project for navigation, Savannah Harbor expansion, 

10 Georgia, authorized by section 7002(1) of the Water 

11 Resources Reform and Development Act of 2014 (Pub12 lic Law 113–121; 128 Stat. 1364). 

13 (b) DEAUTHORIZATION.— 

14 (1) IN GENERAL.—Effective beginning on the 

15 date of enactment of this Act— 

16 (A) the New Savannah Bluff Lock and Dam 

17 is deauthorized; and 

18 (B) notwithstanding section 348(l)(2)(B) of 

19 the Water Resources Development Act of 2000 

20 (Public Law 106–541; 114 Stat. 2630; 114 Stat. 

21 2763A–228) (as in effect on the day before the 

22 date of enactment of this Act) or any other pro23 vision of law, the New Savannah Bluff Lock and 

24 Dam shall not be conveyed to the city of North 
194 

•S 612 EAH 

1 Augusta and Aiken County, South Carolina, or 

2 any other non-Federal entity. 

3 (2) REPEAL.—Section 348 of the Water Re4 sources Development Act of 2000 (Public Law 106– 

5 541; 114 Stat. 2630; 114 Stat. 2763A–228) is amend6 ed— 

7 (A) by striking subsection (l); and 

8 (B) by redesignating subsections (m) and 

9 (n) as subsections (l) and (m), respectively. 

10 (c) PROJECT MODIFICATIONS.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, the Project is modified to include, 

13 as the Secretary determines to be necessary— 

14 (A)(i) repair of the lock wall of the New Sa15 vannah Bluff Lock and Dam and modification of 

16 the structure such that the structure is able— 

17 (I) to maintain the pool for naviga18 tion, water supply, and recreational activi19 ties, as in existence on the date of enact20 ment of this Act; and 

21 (II) to allow safe passage over the 

22 structure to historic spawning grounds of 

23 shortnose sturgeon, Atlantic sturgeon, and 

24 other migratory fish; or 
195 

•S 612 EAH 

1 (ii)(I) construction at an appropriate loca2 tion across the Savannah River of a structure 

3 that is able to maintain the pool for water sup4 ply and recreational activities, as in existence on 

5 the date of enactment of this Act; and 

6 (II) removal of the New Savannah Bluff 

7 Lock and Dam on completion of construction of 

8 the structure; and 

9 (B) conveyance by the Secretary to Au10 gusta-Richmond County, Georgia, of the park 

11 and recreation area adjacent to the New Savan12 nah Bluff Lock and Dam, without consideration. 

13 (2) NON-FEDERAL COST SHARE.—The Federal 

14 share of the cost of any Project feature constructed 

15 pursuant to paragraph (1) shall be not greater than 

16 the share as provided by section 7002(1) of the Water 

17 Resources Reform and Development Act of 2014 (Pub18 lic Law 113–121; 128 Stat. 1364) for the most cost19 effective fish passage structure. 

20 (3) OPERATION AND MAINTENANCE COSTS.—The 

21 Federal share of the costs of operation and mainte22 nance of any Project feature constructed pursuant to 

23 paragraph (1) shall be consistent with the cost shar24 ing of the Project as provided by law. 
196 

•S 612 EAH 

1 SEC. 1320. HAMILTON CITY, CALIFORNIA. 

2 Section 1001(8) of the Water Resources Development 

3 Act of 2007 (121 Stat. 1050) is modified to authorize the 

4 Secretary to construct the project at a total cost of 

5 $91,000,000, with an estimated Federal cost of $59,735,061 

6 and an estimated non-Federal cost of $31,264,939. 

7 SEC. 1321. CONVEYANCES. 

8 (a) PEARL RIVER, MISSISSIPPI AND LOUISIANA.— 

9 (1) IN GENERAL.—The project for navigation, 

10 Pearl River, Mississippi and Louisiana, authorized 

11 by the first section of the Act of August 30, 1935 (49 

12 Stat. 1033, chapter 831), and section 101 of the River 

13 and Harbor Act of 1966 (Public Law 89–789; 80 

14 Stat. 1405), is no longer authorized as a Federal 

15 project beginning on the date of enactment of this Act. 

16 (2) TRANSFER.— 

17 (A) IN GENERAL.—Subject to subpara18 graphs (B) and (C), the Secretary is authorized 

19 to convey to a State or local interest, without 

20 consideration, all right, title, and interest of the 

21 United States in and to— 

22 (i) any land in which the Federal Gov23 ernment has a property interest for the 

24 project described in paragraph (1); and 

25 (ii) improvements to the land described 

26 in clause (i). 
197 

•S 612 EAH 

1 (B) RESPONSIBILITY FOR COSTS.—The 

2 transferee shall be responsible for the payment of 

3 all costs and administrative expenses associated 

4 with any transfer carried out pursuant to sub5 paragraph (A), including costs associated with 

6 any land survey required to determine the exact 

7 acreage and legal description of the land and im8 provements to be transferred. 

9 (C) OTHER TERMS AND CONDITIONS.—A 

10 transfer under subparagraph (A) shall be subject 

11 to such other terms and conditions as the Sec12 retary determines to be necessary and appro13 priate to protect the interests of the United 

14 States. 

15 (3) REVERSION.—If the Secretary determines 

16 that the land and improvements conveyed under 

17 paragraph (2) cease to be owned by the public, all 

18 right, title, and interest in and to the land and im19 provements shall revert, at the discretion of the Sec20 retary, to the United States. 

21 (b) SARDIS LAKE, MISSISSIPPI.— 

22 (1) IN GENERAL.—The Secretary is authorized to 

23 convey to the lessee, at full fair market value, all 

24 right, title, and interest of the United Sates in and 

25 to the property identified in the leases numbered 
198 

•S 612 EAH 

1 DACW38–1–15–7, DACW38–1–15–33, DACW38–1– 

2 15–34, and DACW38–1–15–38, subject to such terms 

3 and conditions as the Secretary determines to be nec4 essary and appropriate to protect the interests of the 

5 United States. 

6 (2) EASEMENT AND RESTRICTIVE COVENANT.— 

7 The conveyance under paragraph (1) shall include— 

8 (A) a restrictive covenant to require the ap9 proval of the Secretary for any substantial 

10 change in the use of the property; and 

11 (B) a flowage easement. 

12 (c) PENSACOLA DAM AND RESERVOIR, GRAND RIVER, 

13 OKLAHOMA.— 

14 (1) IN GENERAL.—Notwithstanding the Act of 

15 June 28, 1938 (52 Stat. 1215, chapter 795), as 

16 amended by section 3 of the Act of August 18, 1941 

17 (55 Stat. 645, chapter 377), and notwithstanding sec18 tion 3 of the Act of July 31, 1946 (60 Stat. 744, 

19 chapter 710), the Secretary shall convey, by quitclaim 

20 deed and without consideration, to the Grand River 

21 Dam Authority, an agency of the State of Oklahoma, 

22 for flood control purposes, all right, title, and interest 

23 of the United States in and to real property under the 

24 administrative jurisdiction of the Secretary acquired 
199 

•S 612 EAH 

1 in connection with the Pensacola Dam project, to2 gether with any improvements on the property. 

3 (2) FLOOD CONTROL PURPOSES.—If any interest 

4 in the real property described in paragraph (1) ceases 

5 to be managed for flood control or other public pur6 poses and is conveyed to a nonpublic entity, the 

7 transferee, as part of the conveyance, shall pay to the 

8 United States the fair market value for the interest. 

9 (3) NO EFFECT.—Nothing in this subsection— 

10 (A) amends, modifies, or repeals any exist11 ing authority vested in the Federal Energy Reg12 ulatory Commission; or 

13 (B) amends, modifies, or repeals any au14 thority of the Secretary or the Chief of Engineers 

15 pursuant to section 7 of the Act of December 22, 

16 1944 (33 U.S.C. 709). 

17 (d) JOE POOL LAKE, TEXAS.—The Secretary shall ac18 cept from the Trinity River Authority of Texas, if received 

19 on or before December 31, 2016, $31,344,841 as payment 

20 in full of amounts owed to the United States, including any 

21 accrued interest, for the approximately 61,747.1 acre-feet 

22 of water supply storage space in Joe Pool Lake, Texas (pre23 viously known as Lakeview Lake), for which payment has 

24 not commenced under Article 5.a (relating to project invest-
200 

•S 612 EAH 

1 ment costs) of contract number DACW63–76–C–0106 as of 

2 the date of enactment of this Act. 

3 SEC. 1322. EXPEDITED CONSIDERATION. 

4 (a) IN GENERAL.—Section 1011 of the Water Re5 sources Reform and Development Act of 2014 (33 U.S.C. 

6 2341a) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)(C) by inserting ‘‘re9 store or’’ before ‘‘prevent the loss’’; and 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘the date of enact13 ment of this Act’’ and inserting ‘‘the date of 

14 enactment of the Water Resources Develop15 ment Act of 2016’’; and 

16 (ii) in subparagraph (A)(ii) by strik17 ing ‘‘that—’’ and all that follows through 

18 ‘‘limited reevaluation report’’; and 

19 (2) in subsection (b)— 

20 (A) in paragraph (1) by redesignating sub21 paragraphs (A) through (C) as clauses (i) 

22 through (iii), respectively, and indenting appro23 priately; 
201 

•S 612 EAH 

1 (B) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively, 

3 and indenting appropriately; 

4 (C) in the matter preceding subparagraph 

5 (A) (as so redesignated) by striking ‘‘For’’ and 

6 inserting the following: 

7 ‘‘(1) IN GENERAL.—For’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(2) EXPEDITED CONSIDERATION OF CURRENTLY

10 AUTHORIZED PROGRAMMATIC AUTHORITIES.—Not 

11 later than 180 days after the date of enactment of the 

12 Water Resources Development Act of 2016, the Sec13 retary shall submit to the Committee on Environment 

14 and Public Works of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives a report that contains— 

17 ‘‘(A) a list of all programmatic authorities 

18 for aquatic ecosystem restoration or improvement 

19 of the environment that— 

20 ‘‘(i) were authorized or modified in the 

21 Water Resources Development Act of 2007 

22 (Public Law 110–114; 121 Stat. 1041) or 

23 any subsequent Act; and 

24 ‘‘(ii) that meet the criteria described in 

25 paragraph (1); and 
202 

•S 612 EAH 

1 ‘‘(B) a plan for expeditiously completing 

2 the projects under the authorities described in 

3 subparagraph (A), subject to available funding.’’. 

4 (b) EXPEDITED CONSIDERATION.— 

5 (1) EXPEDITED COMPLETION OF FLOOD DAMAGE

6 REDUCTION AND FLOOD RISK MANAGEMENT

7 PROJECTS.—For authorized projects with a primary 

8 purpose of flood damage reduction and flood risk 

9 management, the Secretary shall provide priority 

10 funding for and expedite the completion of the fol11 lowing projects: 

12 (A) Chicagoland Underflow Plan, Illinois, 

13 including stage 2 of the McCook Reservoir, as 

14 authorized by section 3(a)(5) of the Water Re15 sources Development Act of 1988 (Public Law 

16 100–676; 102 Stat. 4013) and modified by sec17 tion 319 of the Water Resources Development Act 

18 of 1996 (Public Law 104–303; 110 Stat. 3715) 

19 and section 501(b) of the Water Resources Devel20 opment Act of 1999 (Public Law 106–53; 113 

21 Stat. 334). 

22 (B) Cedar River, Cedar Rapids, Iowa, as 

23 authorized by section 7002(2)(3) of the Water 

24 Resources Reform and Development Act of 2014 

25 (Public Law 113–121; 128 Stat. 1366). 
203 

•S 612 EAH 

1 (C) Comite River, Louisiana, authorized as 

2 part of the project for flood control, Amite River 

3 and Tributaries, Louisiana, by section 101(11) 

4 of the Water Resources Development Act of 1992 

5 (Public Law 102–580; 106 Stat. 4802) and 

6 modified by section 301(b)(5) of the Water Re7 sources Development Act of 1996 (Public Law 

8 104–303; 110 Stat. 3709) and section 371 of the 

9 Water Resources Development Act of 1999 (Pub10 lic Law 106–53; 113 Stat. 321). 

11 (D) Amite River and Tributaries, Lou12 isiana, East Baton Rouge Parish Watershed, as 

13 authorized by section 101(a)(21) of the Water 

14 Resources Development Act of 1999 (Public Law 

15 106–53; 113 Stat. 277) and modified by section 

16 116 of title I of division D of Public Law 108– 

17 7 (117 Stat. 140) and section 3074 of the Water 

18 Resources Development Act of 2007 (Public Law 

19 110–114; 121 Stat. 1124). 

20 (E) The projects described in paragraphs 

21 (29) through (33) of section 212(e) of the Water 

22 Resources Development Act of 1999 (33 U.S.C. 

23 2332(e)). 

24 (2) EXPEDITED COMPLETION OF FEASIBILITY

25 STUDIES.—The Secretary shall give priority funding 
204 

•S 612 EAH 

1 and expedite completion of the reports for the fol2 lowing projects, and, if the Secretary determines that 

3 a project is justified in the completed report, proceed 

4 directly to project preconstruction, engineering, and 

5 design in accordance with section 910 of the Water 

6 Resources Development Act of 1986 (33 U.S.C. 2287): 

7 (A) The project for navigation, St. George 

8 Harbor, Alaska. 

9 (B) The project for flood risk management, 

10 Rahway River Basin, New Jersey. 

11 (C) The Hudson-Raritan Estuary Com12 prehensive Restoration Project. 

13 (D) The project for navigation, Mobile Har14 bor, Alabama. 

15 (E) The project for flood risk management, 

16 Little Colorado River at Winslow, Navajo Coun17 ty, Arizona. 

18 (F) The project for flood risk management, 

19 Lower San Joaquin River, California. In car20 rying out the feasibility study for the project, the 

21 Secretary shall include Reclamation District 17 

22 as part of the study. 

23 (G) The project for flood risk management 

24 and ecosystem restoration, Sacramento River 

25 Flood Control System, California. 
205 

•S 612 EAH 

1 (H) The project for hurricane and storm 

2 damage risk reduction, Ft. Pierce, Florida. 

3 (I) The project for flood risk management, 

4 Des Moines and Raccoon Rivers, Iowa. 

5 (J) The project for navigation, Mississippi 

6 River Ship Channel, Louisiana. 

7 (K) The project for flood risk management, 

8 North Branch Ecorse Creek, Wayne County, 

9 Michigan. 

10 (3) EXPEDITED COMPLETION OF POST-AUTHOR11 IZATION CHANGE REPORT.—The Secretary shall pro12 vide priority funding for, and expedite completion of, 

13 a post-authorization change report for the project for 

14 hurricane and storm damage risk reduction, New 

15 Hanover County, North Carolina. 

16 (4) COMPLETION OF PROJECTS UNDER CON17 STRUCTION BY NON-FEDERAL INTERESTS.—The Sec18 retary shall expedite review and decision on rec19 ommendations for the following projects for flood 

20 damage reduction and flood risk management: 

21 (A) Pearl River Basin, Mississippi, author22 ized by section 401(e)(3) of the Water Resources 

23 Development Act of 1986 (Public Law 99–662; 

24 100 Stat. 4132), as modified by section 3104 of 

25 the Water Resources Development Act of 2007 
206 

•S 612 EAH 

1 (Public Law 110–114; 121 Stat. 1134), sub2 mitted to the Secretary under section 211 of the 

3 Water Resources Development Act of 1996 (33 

4 U.S.C. 701b–13) (as in effect on the day before 

5 the date of enactment of the Water Resources Re6 form and Development Act of 2014 (Public Law 

7 113–121; 128 Stat. 1193)). 

8 (B) Brays Bayou, Texas, authorized by sec9 tion 101(a)(21) of the Water Resources Develop10 ment Act of 1990 (Public Law 101–640; 104 

11 Stat. 4610), as modified by section 211(f)(6) of 

12 the Water Resources Development Act of 1996 

13 (33 U.S.C. 701b–13(f)(6)) (as in effect on the 

14 day before the date of enactment of the Water Re15 sources Reform and Development Act of 2014 

16 (Public Law 113–121; 128 Stat. 1193)). 

17 Subtitle D—Water Resources 

18 Infrastructure 

19 SEC. 1401. PROJECT AUTHORIZATIONS. 

20 The following projects for water resources development 

21 and conservation and other purposes, as identified in the 

22 reports titled ‘‘Report to Congress on Future Water Re23 sources Development’’ submitted to Congress on January 

24 29, 2015, and January 29, 2016, respectively, pursuant to 

25 section 7001 of the Water Resources Reform and Develop-
207 

•S 612 EAH 

1 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 

2 by Congress, are authorized to be carried out by the Sec3 retary substantially in accordance with the plans, and sub4 ject to the conditions, described in the respective reports des5 ignated in this section: 

6 (1) NAVIGATION.— 

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). 
208 

•S 612 EAH 

1 (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 

8. CA West Sacramento Apr. 26, 

2016 

Federal: $788,861,000 

Non-Federal: $424,772,000 

Total: $1,213,633,000. 

2 (3) HURRICANE AND STORM DAMAGE RISK RE3 DUCTION.— 
209 

•S 612 EAH 

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 Non-Federal: 

$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 Non-Federal: 

$15,815,000 

Renourishment Total: 

$31,629,000 

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 Non-Federal: 

$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 Non-Federal: 

$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 
210 

•S 612 EAH 

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 Non-Federal: 

$70,785,000 

Renourishment Total: 

$141,570,000. 

1 (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. 

2 (5) FLOOD RISK MANAGEMENT AND ECOSYSTEM

3 RESTORATION.— 

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. 
211 

•S 612 EAH 

1 (6) FLOOD RISK MANAGEMENT, ECOSYSTEM RES2 TORATION, 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. 

3 (7) ECOSYSTEM RESTORATION AND RECRE4 ATION.— 

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. 

5 (8) HURRICANE AND STORM DAMAGE RISK RE6 DUCTION AND ECOSYSTEM RESTORATION.— 

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. 

7 (9) MODIFICATIONS AND OTHER PROJECTS.— 
212 

•S 612 EAH 

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 

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. 

1 SEC. 1402. SPECIAL RULES. 

2 (a) MILL CREEK.—The portion of the project for flood 

3 risk management, Mill Creek, Tennessee, authorized by sec4 tion 1401(2) of this Act that consists of measures within 

5 the Mill Creek basin shall be carried out pursuant to section 

6 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). 

7 (b) LOS ANGELES RIVER.—The Secretary shall carry 

8 out the project for ecosystem restoration and recreation, Los 
213 

•S 612 EAH 

1 Angeles River, California, authorized by section 1401(7) of 

2 this Act substantially in accordance with terms and condi3 tions described in the Report of the Chief of Engineers, 

4 dated December 18, 2015, including, notwithstanding sec5 tion 2008(c) of the Water Resources Development Act of 

6 2007 (Public Law 110–114; 121 Stat. 1074), the rec7 ommended cost share. 

8 (c) UPPER TRINITY RIVER.—Not more than 

9 $5,500,000 may be expended to carry out recreation features 

10 of the Upper Trinity River project, Texas, authorized by 

11 section 1401(9) of this Act. 

12 TITLE II—WATER AND WASTE 

13 ACT OF 2016 

14 SEC. 2001. SHORT TITLE. 

15 This title may be cited as the ‘‘Water and Waste Act 

16 of 2016’’. 

17 SEC. 2002. DEFINITION OF ADMINISTRATOR. 

18 In this title, the term ‘‘Administrator’’ means the Ad19 ministrator of the Environmental Protection Agency. 

20 Subtitle A—Safe Drinking Water 

21 SEC. 2101. SENSE OF CONGRESS ON APPROPRIATIONS LEV22 ELS. 

23 It is the sense of Congress that Congress should provide 

24 robust funding of capitalization grants to States to fund 

25 those States’ drinking water treatment revolving loan funds 
214 

•S 612 EAH 

1 established under section 1452 of the Safe Drinking Water 

2 Act (42 U.S.C. 300j–12) and the State water pollution con3 trol revolving funds established under title VI of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1381 et seq.). 

5 SEC. 2102. PRECONSTRUCTION WORK. 

6 Section 1452(a)(2) of the Safe Drinking Water Act (42 

7 U.S.C. 300j–12(a)(2)) is amended— 

8 (1) in the fifth sentence, by striking ‘‘Of the 

9 amount’’ and inserting the following: 

10 ‘‘(F) LOAN ASSISTANCE.—Of the amount’’; 

11 (2) in the fourth sentence, by striking ‘‘The 

12 funds’’ and inserting the following: 

13 ‘‘(E) ACQUISITION OF REAL PROPERTY.— 

14 The funds under this section’’; 

15 (3) in the third sentence, by striking ‘‘The 

16 funds’’ and inserting the following: 

17 ‘‘(D) WATER TREATMENT LOANS.—The 

18 funds under this section’’; 

19 (4) in the second sentence, by striking ‘‘Finan20 cial assistance’’ and inserting the following: 

21 ‘‘(B) LIMITATION.—Financial assistance’’; 

22 (5) in the first sentence, by striking ‘‘Except’’ 

23 and inserting the following: 

24 ‘‘(A) IN GENERAL.—Except’’; 
215 

•S 612 EAH 

1 (6) in subparagraph (B) (as designated by para2 graph (4)), by striking ‘‘(not’’ and inserting ‘‘(includ3 ing expenditures for planning, design, and associated 

4 preconstruction activities, including activities relat5 ing to the siting of the facility, but not’’; and 

6 (7) by inserting after subparagraph (B) (as des7 ignated by paragraph (4)) the following: 

8 ‘‘(C) SALE OF BONDS.—Funds may also be 

9 used by a public water system as a source of rev10 enue (restricted solely to interest earnings of the 

11 applicable State loan fund) or security for pay12 ment of the principal and interest on revenue or 

13 general obligation bonds issued by the State to 

14 provide matching funds under subsection (e), if 

15 the proceeds of the sale of the bonds will be de16 posited in the State loan fund.’’. 

17 SEC. 2103. ADMINISTRATION OF STATE LOAN FUNDS. 

18 Section 1452(g)(2) of the Safe Drinking Water Act (42 

19 U.S.C. 300j–12(g)(2)) is amended— 

20 (1) by redesignating subparagraphs (A) through 

21 (D) as clauses (i) through (iv), respectively, and in22 denting the clauses appropriately; 

23 (2) by striking the fifth sentence and inserting 

24 the following: 
216 

•S 612 EAH 

1 ‘‘(D) ENFORCEMENT ACTIONS.—Funds used 

2 under subparagraph (B)(ii) shall not be used for 

3 enforcement actions.’’; 

4 (3) in the fourth sentence, by striking ‘‘An addi5 tional’’ and inserting the following: 

6 ‘‘(C) TECHNICAL ASSISTANCE.—An addi7 tional’’; 

8 (4) by striking the third sentence; 

9 (5) in the second sentence, by striking ‘‘For fiscal 

10 year’’ and inserting the following: 

11 ‘‘(B) ADDITIONAL USE OF FUNDS.—For fis12 cal year’’; 

13 (6) by striking the first sentence and inserting 

14 the following: 

15 ‘‘(A) AUTHORIZATION.— 

16 ‘‘(i) IN GENERAL.—For each fiscal 

17 year, a State may use the amount described 

18 in clause (ii)— 

19 ‘‘(I) to cover the reasonable costs 

20 of administration of the programs 

21 under this section, including the recov22 ery of reasonable costs expended to es23 tablish a State loan fund that are in24 curred after the date of enactment of 

25 this section; and 
217 

•S 612 EAH 

1 ‘‘(II) to provide technical assist2 ance to public water systems within 

3 the State. 

4 ‘‘(ii) DESCRIPTION OF AMOUNT.—The 

5 amount referred to in clause (i) is an 

6 amount equal to the sum of— 

7 ‘‘(I) the amount of any fees col8 lected by the State for use in accord9 ance with clause (i)(I), regardless of 

10 the source; and 

11 ‘‘(II) the greatest of— 

12 ‘‘(aa) $400,000; 

‘‘(bb) 1 13 ⁄5 percent of the cur14 rent valuation of the fund; and 

15 ‘‘(cc) an amount equal to 4 

16 percent of all grant awards to the 

17 fund under this section for the fis18 cal year.’’; and 

19 (7) in subparagraph (B) (as redesignated by 

20 paragraph (5))— 

21 (A) in clause (iv) (as redesignated by para22 graph (1)), by striking ‘‘1419,’’ and inserting 

23 ‘‘1419.’’; and 

24 (B) in the undesignated matter following 

25 clause (iv) (as redesignated by paragraph (1)), 
218 

•S 612 EAH 

1 by striking ‘‘if the State’’ and all that follows 

2 through ‘‘State funds.’’. 

3 SEC. 2104. ASSISTANCE FOR SMALL AND DISADVANTAGED 

4 COMMUNITIES. 

5 Part E of the Safe Drinking Water Act (42 U.S.C. 300j 

6 et seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVAN8 TAGED COMMUNITIES. 

9 ‘‘(a) DEFINITION OF UNDERSERVED COMMUNITY.—In 

10 this section: 

11 ‘‘(1) IN GENERAL.—The term ‘underserved com12 munity’ means a political subdivision of a State that, 

13 as determined by the Administrator, has an inad14 equate system for obtaining drinking water. 

15 ‘‘(2) INCLUSIONS.—The term ‘underserved com16 munity’ includes a political subdivision of a State 

17 that either, as determined by the Administrator— 

18 ‘‘(A) does not have household drinking 

19 water or wastewater services; or 

20 ‘‘(B) is served by a public water system that 

21 violates, or exceeds, as applicable, a requirement 

22 of a national primary drinking water regulation 

23 issued under section 1412, including— 

24 ‘‘(i) a maximum contaminant level; 

25 ‘‘(ii) a treatment technique; and 
219 

•S 612 EAH 

1 ‘‘(iii) an action level. 

2 ‘‘(b) ESTABLISHMENT.— 

3 ‘‘(1) IN GENERAL.—The Administrator shall es4 tablish a program under which grants are provided 

5 to eligible entities for use in carrying out projects and 

6 activities the primary purposes of which are to assist 

7 public water systems in meeting the requirements of 

8 this title. 

9 ‘‘(2) INCLUSIONS.—Projects and activities under 

10 paragraph (1) include— 

11 ‘‘(A) investments necessary for the public 

12 water system to comply with the requirements of 

13 this title; 

14 ‘‘(B) assistance that directly and primarily 

15 benefits the disadvantaged community on a per16 household basis; and 

17 ‘‘(C) programs to provide household water 

18 quality testing, including testing for unregulated 

19 contaminants. 

20 ‘‘(c) ELIGIBLE ENTITIES.—An eligible entity under 

21 this section— 

22 ‘‘(1) is— 

23 ‘‘(A) a public water system; 

24 ‘‘(B) a water system that is located in an 

25 area governed by an Indian Tribe; or 
220 

•S 612 EAH 

1 ‘‘(C) a State, on behalf of an underserved 

2 community; and 

3 ‘‘(2) serves a community— 

4 ‘‘(A) that, under affordability criteria estab5 lished by the State under section 1452(d)(3), is 

6 determined by the State— 

7 ‘‘(i) to be a disadvantaged community; 

8 or 

9 ‘‘(ii) to be a community that may be10 come a disadvantaged community as a re11 sult of carrying out a project or activity 

12 under subsection (b); or 

13 ‘‘(B) with a population of less than 10,000 

14 individuals that the Administrator determines 

15 does not have the capacity to incur debt suffi16 cient to finance a project or activity under sub17 section (b). 

18 ‘‘(d) PRIORITY.—In prioritizing projects and activities 

19 for implementation under this section, the Administrator 

20 shall give priority to projects and activities that benefit un21 derserved communities. 

22 ‘‘(e) LOCAL PARTICIPATION.—In prioritizing projects 

23 and activities for implementation under this section, the 

24 Administrator shall consult with and consider the priorities 
221 

•S 612 EAH 

1 of States, Indian Tribes, and local governments in which 

2 communities described in subsection (c)(2) are located. 

3 ‘‘(f) TECHNICAL, MANAGERIAL, AND FINANCIAL CAPA4 BILITY.—The Administrator may provide assistance to in5 crease the technical, managerial, and financial capability 

6 of an eligible entity receiving a grant under this section 

7 if the Administrator determines that the eligible entity lacks 

8 appropriate technical, managerial, or financial capability 

9 and is not receiving such assistance under another Federal 

10 program. 

11 ‘‘(g) COST SHARING.—Before providing a grant to an 

12 eligible entity under this section, the Administrator shall 

13 enter into a binding agreement with the eligible entity to 

14 require the eligible entity— 

15 ‘‘(1) to pay not less than 45 percent of the total 

16 costs of the project or activity, which may include 

17 services, materials, supplies, or other in-kind con18 tributions; 

19 ‘‘(2) to provide any land, easements, rights-of20 way, and relocations necessary to carry out the 

21 project or activity; and 

22 ‘‘(3) to pay 100 percent of any operation and 

23 maintenance costs associated with the project or activ24 ity. 
222 

•S 612 EAH 

1 ‘‘(h) WAIVER.—The Administrator may waive, in 

2 whole or in part, the requirement under subsection (g)(1) 

3 if the Administrator determines that an eligible entity is 

4 unable to pay, or would experience significant financial 

5 hardship if required to pay, the non-Federal share. 

6 ‘‘(i) LIMITATION ON USE OF FUNDS.—Not more than 

7 4 percent of funds made available for grants under this sec8 tion may be used to pay the administrative costs of the Ad9 ministrator. 

10 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

11 authorized to be appropriated to carry out this section, 

12 $60,000,000 for each of fiscal years 2017 through 2021.’’. 

13 SEC. 2105. REDUCING LEAD IN DRINKING WATER. 

14 Part E of the Safe Drinking Water Act (42 U.S.C. 300j 

15 et seq.) is further amended by adding at the end the fol16 lowing: 

17 ‘‘SEC. 1459B. REDUCING LEAD IN DRINKING WATER. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti20 ty’ means— 

21 ‘‘(A) a community water system; 

22 ‘‘(B) a water system located in an area gov23 erned by an Indian Tribe; 

24 ‘‘(C) a nontransient noncommunity water 

25 system; 
223 

•S 612 EAH 

1 ‘‘(D) a qualified nonprofit organization, as 

2 determined by the Administrator, servicing a 

3 public water system; and 

4 ‘‘(E) a municipality or State, interstate, or 

5 intermunicipal agency. 

6 ‘‘(2) LEAD REDUCTION PROJECT.— 

7 ‘‘(A) IN GENERAL.—The term ‘lead reduc8 tion project’ means a project or activity the pri9 mary purpose of which is to reduce the con10 centration of lead in water for human consump11 tion by— 

12 ‘‘(i) replacement of publicly owned 

13 lead service lines; 

14 ‘‘(ii) testing, planning, or other rel15 evant activities, as determined by the Ad16 ministrator, to identify and address condi17 tions (including corrosion control) that con18 tribute to increased concentration of lead in 

19 water for human consumption; and 

20 ‘‘(iii) providing assistance to low-in21 come homeowners to replace lead service 

22 lines. 

23 ‘‘(B) LIMITATION.—The term ‘lead reduc24 tion project’ does not include a partial lead serv25 ice line replacement if, at the conclusion of the 
224 

•S 612 EAH 

1 service line replacement, drinking water is deliv2 ered to a household through a publicly or pri3 vately owned portion of a lead service line. 

4 ‘‘(3) LOW-INCOME.—The term ‘low-income’, with 

5 respect to an individual provided assistance under 

6 this section, has such meaning as may be given the 

7 term by the Governor of the State in which the eligi8 ble entity is located, based upon the affordability cri9 teria established by the State under section 

10 1452(d)(3). 

11 ‘‘(4) LEAD SERVICE LINE.—The term ‘lead serv12 ice line’ means a pipe and its fittings, which are not 

13 lead free (as defined in section 1417(d)), that connect 

14 the drinking water main to the building inlet. 

15 ‘‘(5) NONTRANSIENT NONCOMMUNITY WATER SYS16 TEM.—The term ‘nontransient noncommunity water 

17 system’ means a public water system that is not a 

18 community water system and that regularly serves at 

19 least 25 of the same persons over 6 months per year. 

20 ‘‘(b) GRANT PROGRAM.— 

21 ‘‘(1) ESTABLISHMENT.—The Administrator shall 

22 establish a grant program to provide assistance to eli23 gible entities for lead reduction projects in the United 

24 States. 
225 

•S 612 EAH 

1 ‘‘(2) PRECONDITION.—As a condition of receipt 

2 of assistance under this section, an eligible entity 

3 shall take steps to identify— 

4 ‘‘(A) the source of lead in the public water 

5 system that is subject to human consumption; 

6 and 

7 ‘‘(B) the means by which the proposed lead 

8 reduction project would meaningfully reduce the 

9 concentration of lead in water provided for 

10 human consumption by the applicable public 

11 water system. 

12 ‘‘(3) PRIORITY APPLICATION.—In providing 

13 grants under this subsection, the Administrator shall 

14 give priority to an eligible entity that— 

15 ‘‘(A) the Administrator determines, based 

16 on affordability criteria established by the State 

17 under section 1452(d)(3), to be a disadvantaged 

18 community; and 

19 ‘‘(B) proposes to— 

20 ‘‘(i) carry out a lead reduction project 

21 at a public water system or nontransient 

22 noncommunity water system that has ex23 ceeded the lead action level established by 

24 the Administrator under section 1412 at 

25 any time during the 3-year period pre-
226 

•S 612 EAH 

1 ceding the date of submission of the applica2 tion of the eligible entity; or 

3 ‘‘(ii) address lead levels in water for 

4 human consumption at a school, daycare, or 

5 other facility that primarily serves children 

6 or other vulnerable human subpopulation 

7 described in section 1458(a)(1). 

8 ‘‘(4) COST SHARING.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), the non-Federal share of the total cost 

11 of a project funded by a grant under this sub12 section shall be not less than 20 percent. 

13 ‘‘(B) WAIVER.—The Administrator may re14 duce or eliminate the non-Federal share under 

15 subparagraph (A) for reasons of affordability, as 

16 the Administrator determines to be appropriate. 

17 ‘‘(5) LOW-INCOME ASSISTANCE.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), an eligible entity may use a grant 

20 provided under this subsection to provide assist21 ance to low-income homeowners to replace the 

22 lead service lines of such homeowners. 

23 ‘‘(B) LIMITATION.—The amount of a grant 

24 provided to a low-income homeowner under this 

25 paragraph shall not exceed the standard cost of 
227 

•S 612 EAH 

1 replacement of the privately owned portion of the 

2 lead service line. 

3 ‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERV4 ICE LINE REPLACEMENT.—In carrying out lead serv5 ice line replacement using a grant under this sub6 section, an eligible entity— 

7 ‘‘(A) shall notify customers of the replace8 ment of any publicly owned portion of the lead 

9 service line; 

10 ‘‘(B) may, in the case of a homeowner who 

11 is not low-income, offer to replace the privately 

12 owned portion of the lead service line at the cost 

13 of replacement for that homeowner’s property; 

14 ‘‘(C) may, in the case of a low-income 

15 homeowner, offer to replace the privately owned 

16 portion of the lead service line at a cost that is 

17 equal to the difference between— 

18 ‘‘(i) the cost of replacement; and 

19 ‘‘(ii) the amount of assistance available 

20 to the low-income homeowner under para21 graph (5); 

22 ‘‘(D) shall notify each customer that a 

23 planned replacement of any publicly owned por24 tion of a lead service line that is funded by a 

25 grant made under this subsection will not be car-
228 

•S 612 EAH 

1 ried out unless the customer agrees to the simul2 taneous replacement of the privately owned por3 tion of the lead service line; and 

4 ‘‘(E) shall demonstrate that the eligible enti5 ty has considered other options for reducing the 

6 concentration of lead in its drinking water, in7 cluding an evaluation of options for corrosion 

8 control. 

9 ‘‘(c) LIMITATION ON USE OF FUNDS.—Not more than 

10 4 percent of funds made available for grants under this sec11 tion may be used to pay the administrative costs of the Ad12 ministrator. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $60,000,000 for each of fiscal years 2017 through 2021. 

16 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section affects 

17 whether a public water system is responsible for the replace18 ment of a lead service line that is— 

19 ‘‘(1) subject to the control of the public water 

20 system; and 

21 ‘‘(2) located on private property.’’. 

22 SEC. 2106. NOTICE TO PERSONS SERVED. 

23 (a) ENFORCEMENT OF DRINKING WATER REGULA24 TIONS.—Section 1414(c) of the Safe Drinking Water Act 

25 (42 U.S.C. 300g–3(c)) is amended— 
229 

•S 612 EAH 

1 (1) in the subsection heading, by striking ‘‘NO2 TICE TO’’ and inserting ‘‘NOTICE TO STATES, THE

3 ADMINISTRATOR, AND’’; 

4 (2) in paragraph (1)— 

5 (A) in subparagraph (C), by striking 

6 ‘‘paragraph (2)(E)’’ and inserting ‘‘paragraph 

7 (2)(F)’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(D) Notice that the public water system ex10 ceeded the lead action level under section 

11 141.80(c) of title 40, Code of Federal Regulations 

12 (or a prescribed level of lead that the Adminis13 trator establishes for public education or notifi14 cation in a successor regulation promulgated 

15 pursuant to section 1412).’’; 

16 (3) in paragraph (2)— 

17 (A) in subparagraph (B)(i)(II), by striking 

18 ‘‘subparagraph (D)’’ and inserting ‘‘subpara19 graph (E)’’; 

20 (B) in subparagraph (C)— 

21 (i) in the subparagraph heading, by 

22 striking ‘‘VIOLATIONS’’ and inserting ‘‘NO23 TICE OF VIOLATIONS OR EXCEEDANCES’’; 

24 (ii) in the matter preceding clause 

25 (i)— 
230 

•S 612 EAH 

1 (I) in the first sentence, by strik2 ing ‘‘violation’’ and inserting ‘‘viola3 tion, and each exceedance described in 

4 paragraph (1)(D),’’; and 

5 (II) in the second sentence, by 

6 striking ‘‘violation’’ and inserting 

7 ‘‘violation or exceedance’’; 

8 (iii) by striking clause (i) and insert9 ing the following: 

10 ‘‘(i) be distributed as soon as prac11 ticable, but not later than 24 hours, after 

12 the public water system learns of the viola13 tion or exceedance;’’; 

14 (iv) in clause (ii), by inserting ‘‘or ex15 ceedance’’ after ‘‘violation’’ each place it ap16 pears; 

17 (v) by striking clause (iii) and insert18 ing the following: 

19 ‘‘(iii) be provided to the Administrator 

20 and the head of the State agency that has 

21 primary enforcement responsibility under 

22 section 1413, as applicable, as soon as prac23 ticable, but not later than 24 hours after the 

24 public water system learns of the violation 

25 or exceedance; and’’; and 
231 

•S 612 EAH 

1 (vi) in clause (iv)— 

2 (I) in subclause (I), by striking 

3 ‘‘broadcast media’’ and inserting 

4 ‘‘media, including broadcast media’’; 

5 and 

6 (II) in subclause (III), by striking 

7 ‘‘in lieu of notification by means of 

8 broadcast media or newspaper’’; 

9 (C) by redesignating subparagraphs (D) 

10 and (E) as subparagraphs (E) and (F), respec11 tively; and 

12 (D) by inserting after subparagraph (C) the 

13 following: 

14 ‘‘(D) NOTICE BY THE ADMINISTRATOR.—If 

15 the State with primary enforcement responsi16 bility or the owner or operator of a public water 

17 system has not issued a notice under subpara18 graph (C) for an exceedance of the lead action 

19 level under section 141.80(c) of title 40, Code of 

20 Federal Regulations (or a prescribed level of lead 

21 that the Administrator establishes for public edu22 cation or notification in a successor regulation 

23 promulgated pursuant to section 1412) that has 

24 the potential to have serious adverse effects on 

25 human health as a result of short-term exposure, 
232 

•S 612 EAH 

1 not later than 24 hours after the Administrator 

2 is notified of the exceedance, the Administrator 

3 shall issue the required notice under that sub4 paragraph.’’; 

5 (4) in paragraph (3)(B), in the first sentence— 

6 (A) by striking ‘‘subparagraph (A) and’’ 

7 and inserting ‘‘subparagraph (A),’’; and 

8 (B) by striking ‘‘subparagraph (C) or (D) 

9 of paragraph (2)’’ and inserting ‘‘subparagraph 

10 (C) or (E) of paragraph (2), and notices issued 

11 by the Administrator with respect to public 

12 water systems serving Indian Tribes under sub13 paragraph (D) of that paragraph’’; 

14 (5) in paragraph (4)(B)— 

15 (A) in clause (ii), by striking ‘‘the terms’’ 

16 and inserting ‘‘the terms ‘action level’,’’; 

17 (B) by striking clause (iii) and inserting 

18 the following: 

19 ‘‘(iii) If any regulated contaminant is 

20 detected in the water purveyed by the public 

21 water system, a statement describing, as ap22 plicable— 

23 ‘‘(I) the maximum contaminant 

24 level goal; 
233 

•S 612 EAH 

1 ‘‘(II) the maximum contaminant 

2 level; 

3 ‘‘(III) the level of the contaminant 

4 in the water system; 

5 ‘‘(IV) the action level for the con6 taminant; and 

7 ‘‘(V) for any contaminant for 

8 which there has been a violation of the 

9 maximum contaminant level during 

10 the year concerned, a brief statement 

11 in plain language regarding the health 

12 concerns that resulted in regulation of 

13 the contaminant, as provided by the 

14 Administrator in regulations under 

15 subparagraph (A).’’; and 

16 (C) in the undesignated matter following 

17 clause (vi), in the second sentence, by striking 

18 ‘‘subclause (IV) of clause (iii)’’ and inserting 

19 ‘‘clause (iii)(V)’’; and 

20 (6) by adding at the end the following: 

21 ‘‘(5) EXCEEDANCE OF LEAD LEVEL AT HOUSE22 HOLDS.— 

23 ‘‘(A) STRATEGIC PLAN.—Not later than 180 

24 days after the date of enactment of this para25 graph, the Administrator shall, in collaboration 
234 

•S 612 EAH 

1 with owners and operators of public water sys2 tems and States, establish a strategic plan for 

3 how the Administrator, a State with primary 

4 enforcement responsibility, and owners and oper5 ators of public water systems shall provide tar6 geted outreach, education, technical assistance, 

7 and risk communication to populations affected 

8 by the concentration of lead in a public water 

9 system, including dissemination of information 

10 described in subparagraph (C). 

11 ‘‘(B) EPA INITIATION OF NOTICE.— 

12 ‘‘(i) FORWARDING OF DATA BY EM13 PLOYEE OF THE AGENCY.—If the Agency de14 velops, or receives from a source other than 

15 a State or a public water system, data that 

16 meets the requirements of section 

17 1412(b)(3)(A)(ii) that indicates that the 

18 drinking water of a household served by a 

19 public water system contains a level of lead 

20 that exceeds the lead action level under sec21 tion 141.80(c) of title 40, Code of Federal 

22 Regulations (or a prescribed level of lead 

23 that the Administrator establishes for public 

24 education or notification in a successor reg25 ulation promulgated pursuant to section 
235 

•S 612 EAH 

1 1412) (referred to in this paragraph as an 

2 ‘affected household’), the Administrator shall 

3 require an appropriate employee of the 

4 Agency to forward the data, and informa5 tion on the sampling techniques used to ob6 tain the data, to the owner or operator of 

7 the public water system and the State in 

8 which the affected household is located with9 in a time period determined by the Admin10 istrator. 

11 ‘‘(ii) DISSEMINATION OF INFORMATION

12 BY OWNER OR OPERATOR.—The owner or 

13 operator of a public water system shall dis14 seminate to affected households the informa15 tion described in subparagraph (C) within 

16 a time period established by the Adminis17 trator, if the owner or operator— 

18 ‘‘(I) receives data and informa19 tion under clause (i); and 

20 ‘‘(II) has not, since the date of the 

21 test that developed the data, notified 

22 the affected households— 

23 ‘‘(aa) with respect to the con24 centration of lead in the drinking 
236 

•S 612 EAH 

1 water of the affected households; 

2 and 

3 ‘‘(bb) that the concentration 

4 of lead in the drinking water of 

5 the affected households exceeds the 

6 lead action level under section 

7 141.80(c) of title 40, Code of Fed8 eral Regulations (or a prescribed 

9 level of lead that the Adminis10 trator establishes for public edu11 cation or notification in a suc12 cessor regulation promulgated 

13 pursuant to section 1412). 

14 ‘‘(iii) CONSULTATION.— 

15 ‘‘(I) DEADLINE.—If the owner or 

16 operator of the public water system 

17 does not disseminate to the affected 

18 households the information described in 

19 subparagraph (C) as required under 

20 clause (ii) within the time period es21 tablished by the Administrator, not 

22 later than 24 hours after the Adminis23 trator becomes aware of the failure by 

24 the owner or operator of the public 

25 water system to disseminate the infor-
237 

•S 612 EAH 

1 mation, the Administrator shall con2 sult, within a period not to exceed 24 

3 hours, with the applicable Governor to 

4 develop a plan, in accordance with the 

5 strategic plan, to disseminate the infor6 mation to the affected households not 

7 later than 24 hours after the end of the 

8 consultation period. 

9 ‘‘(II) DELEGATION.—The Admin10 istrator may only delegate the duty to 

11 consult under subclause (I) to an em12 ployee of the Agency who, as of the 

13 date of the delegation, works in the Of14 fice of Water at the headquarters of the 

15 Agency. 

16 ‘‘(iv) DISSEMINATION BY ADMINIS17 TRATOR.—The Administrator shall, as soon 

18 as practicable, disseminate to affected 

19 households the information described in sub20 paragraph (C) if— 

21 ‘‘(I) the owner or operator of the 

22 public water system does not dissemi23 nate the information to the affected 

24 households within the time period de-
238 

•S 612 EAH 

1 termined by the Administrator, as re2 quired by clause (ii); and 

3 ‘‘(II)(aa) the Administrator and 

4 the applicable Governor do not agree 

5 on a plan described in clause (iii)(I) 

6 during the consultation period under 

7 that clause; or 

8 ‘‘(bb) the applicable Governor does 

9 not disseminate the information within 

10 24 hours after the end of the consulta11 tion period. 

12 ‘‘(C) INFORMATION REQUIRED.—The infor13 mation described in this subparagraph in14 cludes— 

15 ‘‘(i) a clear explanation of the poten16 tial adverse effects on human health of 

17 drinking water that contains a concentra18 tion of lead that exceeds the lead action level 

19 under section 141.80(c) of title 40, Code of 

20 Federal Regulations (or a prescribed level of 

21 lead that the Administrator establishes for 

22 public education or notification in a suc23 cessor regulation promulgated pursuant to 

24 section 1412); 
239 

•S 612 EAH 

1 ‘‘(ii) the steps that the owner or oper2 ator of the public water system is taking to 

3 mitigate the concentration of lead; and 

4 ‘‘(iii) the necessity of seeking alter5 native water supplies until the date on 

6 which the concentration of lead is miti7 gated. 

8 ‘‘(6) PRIVACY.—Any notice to the public or an 

9 affected household under this subsection shall protect 

10 the privacy of individual customer information.’’. 

11 (b) PROHIBITION ON USE OF LEAD PIPES, SOLDER, 

12 AND FLUX.—Section 1417 of the Safe Drinking Water Act 

13 (42 U.S.C. 300g–6) is amended by adding at the end the 

14 following: 

15 ‘‘(f) PUBLIC EDUCATION.— 

16 ‘‘(1) IN GENERAL.—The Administrator shall 

17 make information available to the public regarding 

18 lead in drinking water, including information re19 garding— 

20 ‘‘(A) risks associated with lead in drinking 

21 water; 

22 ‘‘(B) the conditions that contribute to 

23 drinking water containing lead in a residence; 
240 

•S 612 EAH 

1 ‘‘(C) steps that States, public water systems, 

2 and consumers can take to reduce the risks of 

3 lead in drinking water; and 

4 ‘‘(D) the availability of additional resources 

5 that consumers can use to minimize lead expo6 sure, including information on sampling for lead 

7 in drinking water. 

8 ‘‘(2) VULNERABLE POPULATIONS.—In making 

9 information available to the public under this sub10 section, the Administrator shall, subject to the avail11 ability of appropriations, carry out targeted outreach 

12 strategies that focus on educating groups within the 

13 general population that may be at greater risk than 

14 the general population of adverse health effects from 

15 exposure to lead in drinking water.’’. 

16 SEC. 2107. LEAD TESTING IN SCHOOL AND CHILD CARE 

17 PROGRAM DRINKING WATER. 

18 (a) IN GENERAL.—Section 1464 of the Safe Drinking 

19 Water Act (42 U.S.C. 300j–24) is amended by striking sub20 section (d) and inserting the following: 

21 ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE PROGRAM

22 LEAD TESTING GRANT PROGRAM.— 

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

24 ‘‘(A) CHILD CARE PROGRAM.—The term 

25 ‘child care program’ has the meaning given the 
241 

•S 612 EAH 

1 term ‘early childhood education program’ in sec2 tion 103(8) of the Higher Education Act of 1965 

3 (20 U.S.C. 1003(8)). 

4 ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The 

5 term ‘local educational agency’ means— 

6 ‘‘(i) a local educational agency (as de7 fined in section 8101 of the Elementary and 

8 Secondary Education Act of 1965 (20 

9 U.S.C. 7801)); 

10 ‘‘(ii) a tribal education agency (as de11 fined in section 3 of the National Environ12 mental Education Act (20 U.S.C. 5502)); 

13 and 

14 ‘‘(iii) a person that owns or operates a 

15 child care program facility. 

16 ‘‘(2) ESTABLISHMENT.— 

17 ‘‘(A) IN GENERAL.—Not later than 180 

18 days after the date of enactment of the Water 

19 and Waste Act of 2016, the Administrator shall 

20 establish a voluntary school and child care pro21 gram lead testing grant program to make grants 

22 available to States to assist local educational 

23 agencies in voluntary testing for lead contamina24 tion in drinking water at schools and child care 
242 

•S 612 EAH 

1 programs under the jurisdiction of the local edu2 cational agencies. 

3 ‘‘(B) DIRECT GRANTS TO LOCAL EDU4 CATIONAL AGENCIES.—The Administrator may 

5 make a grant for the voluntary testing described 

6 in subparagraph (A) directly available to— 

7 ‘‘(i) any local educational agency de8 scribed in clause (i) or (iii) of paragraph 

9 (1)(B) located in a State that does not par10 ticipate in the voluntary grant program es11 tablished under subparagraph (A); or 

12 ‘‘(ii) any local educational agency de13 scribed in clause (ii) of paragraph (1)(B). 

14 ‘‘(3) APPLICATION.—To be eligible to receive a 

15 grant under this subsection, a State or local edu16 cational agency shall submit to the Administrator an 

17 application at such time, in such manner, and con18 taining such information as the Administrator may 

19 require. 

20 ‘‘(4) LIMITATION ON USE OF FUNDS.—Not more 

21 than 4 percent of grant funds accepted by a State or 

22 local educational agency for a fiscal year under this 

23 subsection shall be used to pay the administrative 

24 costs of carrying out this subsection. 
243 

•S 612 EAH 

1 ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a 

2 condition of receiving a grant under this subsection, 

3 the recipient State or local educational agency shall 

4 ensure that each local educational agency to which 

5 grant funds are distributed shall— 

6 ‘‘(A) expend grant funds in accordance 

7 with— 

8 ‘‘(i) the guidance of the Environmental 

9 Protection Agency entitled ‘3Ts for Reduc10 ing Lead in Drinking Water in Schools: Re11 vised Technical Guidance’ and dated Octo12 ber 2006 (or any successor guidance); or 

13 ‘‘(ii) applicable State regulations or 

14 guidance regarding reducing lead in drink15 ing water in schools and child care pro16 grams that are not less stringent than the 

17 guidance referred to in clause (i); and 

18 ‘‘(B)(i) make available, if applicable, in the 

19 administrative offices and, to the extent prac20 ticable, on the Internet website of the local edu21 cational agency for inspection by the public (in22 cluding teachers, other school personnel, and par23 ents) a copy of the results of any voluntary test24 ing for lead contamination in school and child 
244 

•S 612 EAH 

1 care program drinking water carried out using 

2 grant funds under this subsection; and 

3 ‘‘(ii) notify parent, teacher, and employee 

4 organizations of the availability of the results de5 scribed in clause (i). 

6 ‘‘(6) MAINTENANCE OF EFFORT.—If resources are 

7 available to a State or local educational agency from 

8 any other Federal agency, a State, or a private foun9 dation for testing for lead contamination in drinking 

10 water, the State or local educational agency shall 

11 demonstrate that the funds provided under this sub12 section will not displace those resources. 

13 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $20,000,000 for each of fiscal years 

16 2017 through 2021.’’. 

17 (b) REPEAL.—Section 1465 of the Safe Drinking 

18 Water Act (42 U.S.C. 300j–25) is repealed. 

19 SEC. 2108. WATER SUPPLY COST SAVINGS. 

20 (a) DRINKING WATER TECHNOLOGY CLEARING21 HOUSE.—The Administrator, in consultation with the Sec22 retary of Agriculture, shall— 

23 (1) develop a technology clearinghouse for infor24 mation on the cost-effectiveness of innovative and al-
245 

•S 612 EAH 

1 ternative drinking water delivery systems, including 

2 wells and well systems; and 

3 (2) disseminate such information to the public 

4 and to communities and not-for-profit organizations 

5 seeking Federal funding for drinking water delivery 

6 systems serving 500 or fewer persons. 

7 (b) WATER SYSTEM ASSESSMENT.—In any applica8 tion for a grant or loan for the purpose of construction, 

9 replacement, or rehabilitation of a drinking water delivery 

10 system serving 500 or fewer persons, the funding for which 

11 would come from the Federal Government (either directly 

12 or through a State), a unit of local government or not-for13 profit organization shall self-certify that the unit of local 

14 government or organization has considered, as an alter15 native drinking water supply, drinking water delivery sys16 tems sourced by publicly owned— 

17 (1) individual wells; 

18 (2) shared wells; and 

19 (3) community wells. 

20 (c) REPORT TO CONGRESS.—Not later than 3 years 

21 after the date of enactment of this Act, the Comptroller Gen22 eral of the United States shall submit to Congress a report 

23 that describes— 

24 (1) the use of innovative and alternative drink25 ing water delivery systems described in this section; 
246 

•S 612 EAH 

1 (2) the range of cost savings for communities 

2 using innovative and alternative drinking water de3 livery systems described in this section; and 

4 (3) the use of drinking water technical assistance 

5 programs operated by the Administrator and the Sec6 retary of Agriculture. 

7 SEC. 2109. INNOVATION IN THE PROVISION OF SAFE DRINK8 ING WATER. 

9 (a) INNOVATIVE WATER TECHNOLOGIES.—Section 

10 1442(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300j– 

11 1(a)(1)) is amended— 

12 (1) in subparagraph (D), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (2) by striking the period at the end of subpara15 graph (E) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(F) innovative water technologies (including 

19 technologies to improve water treatment to ensure 

20 compliance with this title and technologies to identify 

21 and mitigate sources of drinking water contamina22 tion, including lead contamination).’’. 

23 (b) TECHNICAL ASSISTANCE.—Section 1442 of the 

24 Safe Drinking Water Act (42 U.S.C. 300j-1) is amended— 
247 

•S 612 EAH 

1 (1) in the heading for subsection (e), by inserting 

2 ‘‘TO SMALL PUBLIC WATER SYSTEMS’’ after ‘‘ASSIST3 ANCE’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(f) TECHNICAL ASSISTANCE FOR INNOVATIVE WATER

7 TECHNOLOGIES.— 

8 ‘‘(1) The Administrator may provide technical 

9 assistance to public water systems to facilitate use of 

10 innovative water technologies. 

11 ‘‘(2) There are authorized to be appropriated to 

12 the Administrator for use in providing technical as13 sistance under paragraph (1) $10,000,000 for each of 

14 fiscal years 2017 through 2021.’’. 

15 (c) REPORT.—Not later than 1 year after the date of 

16 enactment of the Water and Waste Act of 2016, and not 

17 less frequently than every 5 years thereafter, the Adminis18 trator shall report to Congress on— 

19 (1) the amount of funding used to provide tech20 nical assistance under section 1442(f) of the Safe 

21 Drinking Water Act to deploy innovative water tech22 nologies; 

23 (2) the barriers impacting greater use of innova24 tive water technologies; and 
248 

•S 612 EAH 

1 (3) the cost-saving potential to cities and future 

2 infrastructure investments from innovative water 

3 technologies. 

4 SEC. 2110. SMALL SYSTEM TECHNICAL ASSISTANCE. 

5 Section 1452(q) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–12(q)) is amended by striking ‘‘appropriated’’ 

7 and all that follows through ‘‘2003’’ and inserting ‘‘made 

8 available to carry out this section for each of fiscal years 

9 2016 through 2021’’. 

10 SEC. 2111. DEFINITION OF INDIAN TRIBE. 

11 Section 1401(14) of the Safe Drinking Water Act (42 

12 U.S.C. 300(f)(14)) is amended by striking ‘‘section 1452’’ 

13 and inserting ‘‘sections 1452, 1459A, and 1459B’’. 

14 SEC. 2112. TECHNICAL ASSISTANCE FOR TRIBAL WATER 

15 SYSTEMS. 

16 (a) TECHNICAL ASSISTANCE.—Section 1442(e)(7) of 

17 the Safe Drinking Water Act (42 U.S.C. 300j–1(e)(7)) is 

18 amended by striking ‘‘Tribes’’ and inserting ‘‘Tribes, in19 cluding grants to provide training and operator certifi20 cation services under section 1452(i)(5)’’. 

21 (b) INDIAN TRIBES.—Section 1452(i) of the Safe 

22 Drinking Water Act (42 U.S.C. 300j–12(i)) is amended— 

23 (1) in paragraph (1)— 

24 (A) in the first sentence, by striking ‘‘Tribes 

25 and Alaska Native villages’’ and inserting 
249 

•S 612 EAH 

1 ‘‘Tribes, Alaska Native villages, and, for the pur2 pose of carrying out paragraph (5), intertribal 

3 consortia or tribal organizations,’’; and 

4 (B) in the second sentence, by striking ‘‘The 

5 grants’’ and inserting ‘‘Except as otherwise pro6 vided, the grants’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(5) TRAINING AND OPERATOR CERTIFI9 CATION.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 may use funds made available under this sub12 section and section 1442(e)(7) to make grants to 

13 intertribal consortia or tribal organizations for 

14 the purpose of providing operations and mainte15 nance training and operator certification serv16 ices to Indian Tribes to enable public water sys17 tems that serve Indian Tribes to achieve and 

18 maintain compliance with applicable national 

19 primary drinking water regulations. 

20 ‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.— 

21 Intertribal consortia or tribal organizations eli22 gible for a grant under subparagraph (A) are 

23 intertribal consortia or tribal organizations 

24 that— 
250 

•S 612 EAH 

1 ‘‘(i) as determined by the Adminis2 trator, are the most qualified and experi3 enced to provide training and technical as4 sistance to Indian Tribes; and 

5 ‘‘(ii) the Indian Tribes find to be the 

6 most beneficial and effective.’’. 

7 SEC. 2113. MATERIALS REQUIREMENT FOR CERTAIN FEDER8 ALLY FUNDED PROJECTS. 

9 Section 1452(a) of the Safe Drinking Water Act (42 

10 U.S.C. 300j–12(a)) is amended by adding at the end the 

11 following: 

12 ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 

13 ‘‘(A) IN GENERAL.—During fiscal year 

14 2017, funds made available from a State loan 

15 fund established pursuant to this section may 

16 not be used for a project for the construction, al17 teration, or repair of a public water system un18 less all of the iron and steel products used in the 

19 project are produced in the United States. 

20 ‘‘(B) DEFINITION OF IRON AND STEEL

21 PRODUCTS.—In this paragraph, the term ‘iron 

22 and steel products’ means the following products 

23 made primarily of iron or steel: 

24 ‘‘(i) Lined or unlined pipes and fit25 tings. 
251 

•S 612 EAH 

1 ‘‘(ii) Manhole covers and other munic2 ipal castings. 

3 ‘‘(iii) Hydrants. 

4 ‘‘(iv) Tanks. 

5 ‘‘(v) Flanges. 

6 ‘‘(vi) Pipe clamps and restraints. 

7 ‘‘(vii) Valves. 

8 ‘‘(viii) Structural steel. 

9 ‘‘(ix) Reinforced precast concrete. 

10 ‘‘(x) Construction materials. 

11 ‘‘(C) APPLICATION.—Subparagraph (A) 

12 shall be waived in any case or category of cases 

13 in which the Administrator finds that— 

14 ‘‘(i) applying subparagraph (A) would 

15 be inconsistent with the public interest; 

16 ‘‘(ii) iron and steel products are not 

17 produced in the United States in sufficient 

18 and reasonably available quantities and of 

19 a satisfactory quality; or 

20 ‘‘(iii) inclusion of iron and steel prod21 ucts produced in the United States will in22 crease the cost of the overall project by more 

23 than 25 percent. 

24 ‘‘(D) WAIVER.—If the Administrator re25 ceives a request for a waiver under this para-
252 

•S 612 EAH 

1 graph, the Administrator shall make available to 

2 the public, on an informal basis, a copy of the 

3 request and information available to the Admin4 istrator concerning the request, and shall allow 

5 for informal public input on the request for at 

6 least 15 days prior to making a finding based on 

7 the request. The Administrator shall make the re8 quest and accompanying information available 

9 by electronic means, including on the official 

10 public Internet site of the Agency. 

11 ‘‘(E) INTERNATIONAL AGREEMENTS.—This 

12 paragraph shall be applied in a manner con13 sistent with United States obligations under 

14 international agreements. 

15 ‘‘(F) MANAGEMENT AND OVERSIGHT.—The 

16 Administrator may retain up to 0.25 percent of 

17 the funds appropriated for this section for man18 agement and oversight of the requirements of this 

19 paragraph. 

20 ‘‘(G) EFFECTIVE DATE.—This paragraph 

21 does not apply with respect to a project if a 

22 State agency approves the engineering plans and 

23 specifications for the project, in that agency’s ca24 pacity to approve such plans and specifications 
253 

•S 612 EAH 

1 prior to a project requesting bids, prior to the 

2 date of enactment of this paragraph.’’. 

3 Subtitle B—Drinking Water Dis4 aster Relief and Infrastructure 

5 Investments 

6 SEC. 2201. DRINKING WATER INFRASTRUCTURE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE STATE.—The term ‘‘eligible State’’ 

9 means a State for which the President has declared 

10 an emergency under the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act (42 U.S.C. 5121 

12 et seq.) relating to the public health threats associated 

13 with the presence of lead or other contaminants in 

14 drinking water provided by a public water system. 

15 (2) ELIGIBLE SYSTEM.—The term ‘‘eligible sys16 tem’’ means a public water system that has been the 

17 subject of an emergency declaration referred to in 

18 paragraph (1). 

19 (3) LEAD SERVICE LINE.—The term ‘‘lead service 

20 line’’ means a pipe and its fittings, which are not 

21 lead free (as defined under section 1417 of the Safe 

22 Drinking Water Act (42 U.S.C. 300g–6)), that con23 nect the drinking water main to the building inlet. 

24 (4) PUBLIC WATER SYSTEM.—The term ‘‘public 

25 water system’’ has the meaning given such term in 
254 

•S 612 EAH 

1 section 1401(4) of the Safe Drinking Water Act (42 

2 U.S.C. 300f(4)). 

3 (b) STATE REVOLVING LOAN FUND ASSISTANCE.— 

4 (1) IN GENERAL.—An eligible system shall be— 

5 (A) considered to be a disadvantaged com6 munity under section 1452(d) of the Safe Drink7 ing Water Act (42 U.S.C. 300j–12(d)); and 

8 (B) eligible to receive loans with additional 

9 subsidization under section 1452(d)(1) of that 

10 Act (42 U.S.C. 300j–12(d)(1)), including forgive11 ness of principal under that section. 

12 (2) AUTHORIZATION.— 

13 (A) IN GENERAL.—Using funds provided 

14 pursuant to subsection (d), an eligible State may 

15 provide assistance to an eligible system within 

16 the eligible State for the purpose of addressing 

17 lead or other contaminants in drinking water, 

18 including repair and replacement of lead service 

19 lines and public water system infrastructure. 

20 (B) INCLUSION.—Assistance provided under 

21 subparagraph (A) may include additional sub22 sidization under section 1452(d)(1) of the Safe 

23 Drinking Water Act (42 U.S.C. 300j–12(d)(1)), 

24 as described in paragraph (1)(B). 
255 

•S 612 EAH 

1 (C) EXCLUSION.—Assistance provided 

2 under subparagraph (A) shall not include assist3 ance for a project that is financed (directly or 

4 indirectly), in whole or in part, with proceeds of 

5 any obligation issued after the date of enactment 

6 of this Act— 

7 (i) the interest of which is exempt from 

8 the tax imposed under chapter 1 of the In9 ternal Revenue Code of 1986; or 

10 (ii) with respect to which credit is al11 lowable under subpart I or J of part IV of 

12 subchapter A of chapter 1 of such Code. 

13 (3) INAPPLICABILITY OF LIMITATION.—Section 

14 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 

15 300j–12(d)(2)) shall not apply to— 

16 (A) any funds provided pursuant to sub17 section (d) of this section; 

18 (B) any other assistance provided to an eli19 gible system; or 

20 (C) any funds required to match the funds 

21 provided under subsection (d). 

22 (c) NONDUPLICATION OF WORK.—An activity carried 

23 out pursuant to this section shall not duplicate the work 

24 or activity of any other Federal or State department or 

25 agency. 
256 

•S 612 EAH 

1 (d) ADDITIONAL DRINKING WATER STATE REVOLVING

2 FUND CAPITALIZATION GRANTS.— 

3 (1) IN GENERAL.—There is authorized to be ap4 propriated to the Administrator a total of 

5 $100,000,000 to provide additional capitalization 

6 grants to eligible States pursuant to section 1452 of 

7 the Safe Drinking Water Act (42 U.S.C. 300j–12), to 

8 be available for a period of 18 months beginning on 

9 the date on which the funds are made available, for 

10 the purposes described in subsection (b)(2), and after 

11 the end of the 18-month period, until expended for the 

12 purposes described in paragraph (3). 

13 (2) SUPPLEMENTED INTENDED USE PLANS.— 

14 From funds made available under paragraph (1), the 

15 Administrator shall obligate to an eligible State such 

16 amounts as are necessary to meet the needs identified 

17 in a supplemented intended use plan for the purposes 

18 described in subsection (b)(2) by not later than 30 

19 days after the date on which the eligible State submits 

20 to the Administrator a supplemented intended use 

21 plan under section 1452(b) of the Safe Drinking 

22 Water Act (42 U.S.C. 300j–12(b)) that includes 

23 preapplication information regarding projects to be 

24 funded using the additional assistance, including, 

25 with respect to each such project— 
257 

•S 612 EAH 

1 (A) a description of the project; 

2 (B) an explanation of the means by which 

3 the project will address a situation causing a de4 clared emergency in the eligible State; 

5 (C) the estimated cost of the project; and 

6 (D) the projected start date for construction 

7 of the project. 

8 (3) UNOBLIGATED AMOUNTS.—Any amounts 

9 made available to the Administrator under paragraph 

10 (1) that are unobligated on the date that is 18 months 

11 after the date on which the amounts are made avail12 able shall be available to provide additional grants to 

13 States to capitalize State loan funds as provided 

14 under section 1452 of the Safe Drinking Water Act 

15 (42 U.S.C. 300j–12). 

16 (4) APPLICABILITY.— 

17 (A) Section 1452(b)(1) of the Safe Drinking 

18 Water Act (42 U.S.C. 300j–12(b)(1)) shall not 

19 apply to a supplement to an intended use plan 

20 under paragraph (2). 

21 (B) Unless explicitly waived, all require22 ments under the Safe Drinking Water Act (42 

23 U.S.C. 300f et seq.) shall apply to funding pro24 vided under this subsection. 

25 (e) HEALTH EFFECTS EVALUATION.— 
258 

•S 612 EAH 

1 (1) IN GENERAL.—Pursuant to section 

2 104(i)(1)(E) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9604(i)(1)(E)), and on receipt of a request of 

5 an appropriate State or local health official of an eli6 gible State, the Director of the Agency for Toxic Sub7 stances and Disease Registry of the National Center 

8 for Environmental Health shall in coordination with 

9 other agencies, as appropriate, conduct voluntary sur10 veillance activities to evaluate any adverse health ef11 fects on individuals exposed to lead from drinking 

12 water in the affected communities. 

13 (2) CONSULTATIONS.—Pursuant to section 

14 104(i)(4) of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 1980 (42 

16 U.S.C. 9604(i)(4)), and on receipt of a request of an 

17 appropriate State or local health official of an eligible 

18 State, the Director of the Agency for Toxic Substances 

19 and Disease Registry of the National Center for Envi20 ronmental Health shall provide consultations regard21 ing health issues described in paragraph (1). 

22 (f) NO EFFECT ON OTHER PROJECTS.—This section 

23 shall not affect the application of any provision of the 

24 Water Infrastructure Finance and Innovation Act of 2014 

25 (33 U.S.C. 3901 et seq.) or the Safe Drinking Water Act 
259 

•S 612 EAH 

1 (42 U.S.C. 300f et seq.) to any project that does not receive 

2 assistance pursuant to this subtitle. 

3 SEC. 2202. SENSE OF CONGRESS. 

4 It is the sense of Congress that secured loans under 

5 the Water Infrastructure Finance and Innovation Act of 

6 2014 (33 U.S.C. 3901 et seq.) shall be— 

7 (1) initially appropriated at $20,000,000; and 

8 (2) used for eligible projects, including those to 

9 address lead and other contaminants in drinking 

10 water systems. 

11 SEC. 2203. REGISTRY FOR LEAD EXPOSURE AND ADVISORY 

12 COMMITTEE. 

13 (a) DEFINITIONS.—In this section: 

14 (1) CITY.—The term ‘‘City’’ means a city ex15 posed to lead contamination in the local drinking 

16 water system. 

17 (2) COMMITTEE.—The term ‘‘Committee’’ means 

18 the Advisory Committee established under subsection 

19 (c). 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Health and Human Services. 

22 (b) LEAD EXPOSURE REGISTRY.—The Secretary shall 

23 establish within the Agency for Toxic Substances and Dis24 ease Registry or the Centers for Disease Control and Preven25 tion at the discretion of the Secretary, or establish through 
260 

•S 612 EAH 

1 a grant award or contract, a lead exposure registry to col2 lect data on the lead exposure of residents of a City on a 

3 voluntary basis. 

4 (c) ADVISORY COMMITTEE.— 

5 (1) MEMBERSHIP.— 

6 (A) IN GENERAL.—The Secretary shall es7 tablish, within the Agency for Toxic Substances 

8 and Disease Registry an Advisory Committee in 

9 coordination with the Director of the Centers for 

10 Disease Control and Prevention and other rel11 evant agencies as determined by the Secretary 

12 consisting of Federal members and non-Federal 

13 members, and which shall include— 

14 (i) an epidemiologist; 

15 (ii) a toxicologist; 

16 (iii) a mental health professional; 

17 (iv) a pediatrician; 

18 (v) an early childhood education ex19 pert; 

20 (vi) a special education expert; 

21 (vii) a dietician; and 

22 (viii) an environmental health expert. 

23 (B) REQUIREMENTS.—Membership in the 

24 Committee shall not exceed 15 members and not 
261 

•S 612 EAH 

less than 1 1 ⁄2 of the members shall be Federal 

2 members. 

3 (2) CHAIR.—The Secretary shall designate a 

4 chair from among the Federal members appointed to 

5 the Committee. 

6 (3) TERMS.—Members of the Committee shall 

7 serve for a term of not more than 3 years and the 

8 Secretary may reappoint members for consecutive 

9 terms. 

10 (4) APPLICATION OF FACA.—The Committee 

11 shall be subject to the Federal Advisory Committee 

12 Act (5 U.S.C. App.). 

13 (5) RESPONSIBILITIES.—The Committee shall, at 

14 a minimum— 

15 (A) review the Federal programs and serv16 ices available to individuals and communities 

17 exposed to lead; 

18 (B) review current research on lead poi19 soning to identify additional research needs; 

20 (C) review and identify best practices, or 

21 the need for best practices, regarding lead screen22 ing and the prevention of lead poisoning; 

23 (D) identify effective services, including 

24 services relating to healthcare, education, and 

25 nutrition for individuals and communities af-
262 

•S 612 EAH 

1 fected by lead exposure and lead poisoning, in2 cluding in consultation with, as appropriate, the 

3 lead exposure registry as established in sub4 section (b); and 

5 (E) undertake any other review or activities 

6 that the Secretary determines to be appropriate. 

7 (6) REPORT.—Annually for 5 years and there8 after as determined necessary by the Secretary or as 

9 required by Congress, the Committee shall submit to 

10 the Secretary, the Committees on Finance, Health, 

11 Education, Labor, and Pensions, and Agriculture, 

12 Nutrition, and Forestry of the Senate and the Com13 mittees on Education and the Workforce, Energy and 

14 Commerce, and Agriculture of the House of Represent15 atives a report that includes— 

16 (A) an evaluation of the effectiveness of the 

17 Federal programs and services available to indi18 viduals and communities exposed to lead; 

19 (B) an evaluation of additional lead poi20 soning research needs; 

21 (C) an assessment of any effective screening 

22 methods or best practices used or developed to 

23 prevent or screen for lead poisoning; 

24 (D) input and recommendations for im25 proved access to effective services relating to 
263 

•S 612 EAH 

1 health care, education, or nutrition for individ2 uals and communities impacted by lead expo3 sure; and 

4 (E) any other recommendations for commu5 nities affected by lead exposure, as appropriate. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated for the period of fiscal years 

8 2017 through 2021— 

9 (1) $17,500,000 to carry out subsection (b); and 

10 (2) $2,500,000 to carry out subsection (c). 

11 SEC. 2204. OTHER LEAD PROGRAMS. 

12 (a) CHILDHOOD LEAD POISONING PREVENTION PRO13 GRAM.—In addition to amounts made available through the 

14 Prevention and Public Health Fund established under sec15 tion 4002 of Public Law 111–148 (42 U.S.C. 300u-11) to 

16 carry out section 317A of the Public Health Service Act 

17 (42 U.S.C. 247b-1), there are authorized to be appropriated 

18 for the period of fiscal years 2017 and 2018, $15,000,000 

19 for carrying out such section 317A. 

20 (b) HEALTHY START PROGRAM.—There are authorized 

21 to be appropriated for the period of fiscal years 2017 and 

22 2018 $15,000,000 to carry out the Healthy Start Initiative 

23 under section 330H of the Public Health Service Act (42 

24 U.S.C. 254c–8). 
264 

•S 612 EAH 

1 Subtitle C—Control of Coal 

2 Combustion Residuals 

3 SEC. 2301. APPROVAL OF STATE PROGRAMS FOR CONTROL 

4 OF COAL COMBUSTION RESIDUALS. 

5 Section 4005 of the Solid Waste Disposal Act (42 

6 U.S.C. 6945) is amended by adding at the end the following: 

7 ‘‘(d) STATE PROGRAMS FOR CONTROL OF COAL COM8 BUSTION RESIDUALS.— 

9 ‘‘(1) APPROVAL BY ADMINISTRATOR.— 

10 ‘‘(A) IN GENERAL.—Each State may submit 

11 to the Administrator, in such form as the Ad12 ministrator may establish, evidence of a permit 

13 program or other system of prior approval and 

14 conditions under State law for regulation by the 

15 State of coal combustion residuals units that are 

16 located in the State that, after approval by the 

17 Administrator, will operate in lieu of regulation 

18 of coal combustion residuals units in the State 

19 by— 

20 ‘‘(i) application of part 257 of title 40, 

21 Code of Federal Regulations (or successor 

22 regulations promulgated pursuant to sec23 tions 1008(a)(3) and 4004(a)); or 
265 

•S 612 EAH 

1 ‘‘(ii) implementation by the Adminis2 trator of a permit program under para3 graph (2)(B). 

4 ‘‘(B) REQUIREMENT.—Not later than 180 

5 days after the date on which a State submits the 

6 evidence described in subparagraph (A), the Ad7 ministrator, after public notice and an oppor8 tunity for public comment, shall approve, in 

9 whole or in part, a permit program or other sys10 tem of prior approval and conditions submitted 

11 under subparagraph (A) if the Administrator de12 termines that the program or other system re13 quires each coal combustion residuals unit lo14 cated in the State to achieve compliance with— 

15 ‘‘(i) the applicable criteria for coal 

16 combustion residuals units under part 257 

17 of title 40, Code of Federal Regulations (or 

18 successor regulations promulgated pursuant 

19 to sections 1008(a)(3) and 4004(a)); or 

20 ‘‘(ii) such other State criteria that the 

21 Administrator, after consultation with the 

22 State, determines to be at least as protective 

23 as the criteria described in clause (i). 

24 ‘‘(C) PERMIT REQUIREMENTS.—The Admin25 istrator shall approve under subparagraph 
266 

•S 612 EAH 

1 (B)(ii) a State permit program or other system 

2 of prior approval and conditions that allows a 

3 State to include technical standards for indi4 vidual permits or conditions of approval that 

5 differ from the criteria under part 257 of title 

6 40, Code of Federal Regulations (or successor 

7 regulations promulgated pursuant to sections 

8 1008(a)(3) and 4004(a)) if, based on site-specific 

9 conditions, the Administrator determines that 

10 the technical standards established pursuant to a 

11 State permit program or other system are at 

12 least as protective as the criteria under that 

13 part. 

14 ‘‘(D) PROGRAM REVIEW AND NOTIFICA15 TION.— 

16 ‘‘(i) PROGRAM REVIEW.—The Adminis17 trator shall review a State permit program 

18 or other system of prior approval and con19 ditions that is approved under subpara20 graph (B)— 

21 ‘‘(I) from time to time, as the Ad22 ministrator determines necessary, but 

23 not less frequently than once every 12 

24 years; 
267 

•S 612 EAH 

1 ‘‘(II) not later than 3 years after 

2 the date on which the Administrator 

3 revises the applicable criteria for coal 

4 combustion residuals units under part 

5 257 of title 40, Code of Federal Regula6 tions (or successor regulations promul7 gated pursuant to sections 1008(a)(3) 

8 and 4004(a)); 

9 ‘‘(III) not later than 1 year after 

10 the date of a significant release (as de11 fined by the Administrator), that was 

12 not authorized at the time the release 

13 occurred, from a coal combustion re14 siduals unit located in the State; and 

15 ‘‘(IV) on request of any other 

16 State that asserts that the soil, ground17 water, or surface water of the State is 

18 or is likely to be adversely affected by 

19 a release or potential release from a 

20 coal combustion residuals unit located 

21 in the State for which the program or 

22 other system was approved. 

23 ‘‘(ii) NOTIFICATION AND OPPORTUNITY

24 FOR A PUBLIC HEARING.—The Adminis25 trator shall provide to a State notice of defi-
268 

•S 612 EAH 

1 ciencies with respect to the permit program 

2 or other system of prior approval and con3 ditions of the State that is approved under 

4 subparagraph (B), and an opportunity for 

5 a public hearing, if the Administrator de6 termines that— 

7 ‘‘(I) a revision or correction to the 

8 permit program or other system of 

9 prior approval and conditions of the 

10 State is necessary to ensure that the 

11 permit program or other system of 

12 prior approval and conditions con13 tinues to ensure that each coal combus14 tion residuals unit located in the State 

15 achieves compliance with the criteria 

16 described in clauses (i) and (ii) of sub17 paragraph (B); 

18 ‘‘(II) the State has not imple19 mented an adequate permit program 

20 or other system of prior approval and 

21 conditions that requires each coal com22 bustion residuals unit located in the 

23 State to achieve compliance with the 

24 criteria described in subparagraph (B); 

25 or 
269 

•S 612 EAH 

1 ‘‘(III) the State has, at any time, 

2 approved or failed to revoke a permit 

3 for a coal combustion residuals unit, a 

4 release from which adversely affects or 

5 is likely to adversely affect the soil, 

6 groundwater, or surface water of an7 other State. 

8 ‘‘(E) WITHDRAWAL.— 

9 ‘‘(i) IN GENERAL.—The Administrator 

10 shall withdraw approval of a State permit 

11 program or other system of prior approval 

12 and conditions if, after the Administrator 

13 provides notice and an opportunity for a 

14 public hearing to the relevant State under 

15 subparagraph (D)(ii), the Administrator de16 termines that the State has not corrected the 

17 deficiencies identified by the Administrator 

18 under subparagraph (D)(ii). 

19 ‘‘(ii) REINSTATEMENT OF STATE AP20 PROVAL.—Any withdrawal of approval 

21 under clause (i) shall cease to be effective on 

22 the date on which the Administrator makes 

23 a determination that the State has corrected 

24 the deficiencies identified by the Adminis25 trator under subparagraph (D)(ii). 
270 

•S 612 EAH 

1 ‘‘(2) NONPARTICIPATING STATES.— 

2 ‘‘(A) DEFINITION OF NONPARTICIPATING

3 STATE.—In this paragraph, the term ‘non4 participating State’ means a State— 

5 ‘‘(i) for which the Administrator has 

6 not approved a State permit program or 

7 other system of prior approval and condi8 tions under paragraph (1)(B); 

9 ‘‘(ii) the Governor of which has not 

10 submitted to the Administrator for approval 

11 evidence to operate a State permit program 

12 or other system of prior approval and con13 ditions under paragraph (1)(A); 

14 ‘‘(iii) the Governor of which provides 

15 notice to the Administrator that, not fewer 

16 than 90 days after the date on which the 

17 Governor provides the notice to the Admin18 istrator, the State will relinquish an ap19 proval under paragraph (1)(B) to operate a 

20 permit program or other system of prior 

21 approval and conditions; or 

22 ‘‘(iv) for which the Administrator has 

23 withdrawn approval for a permit program 

24 or other system of prior approval and con25 ditions under paragraph (1)(E). 
271 

•S 612 EAH 

1 ‘‘(B) IMPLEMENTATION OF PERMIT PRO2 GRAM.—In the case of a nonparticipating State 

3 and subject to the availability of appropriations 

4 specifically provided in an appropriations Act to 

5 carry out a program in a nonparticipating 

6 State, the Administrator shall implement a per7 mit program to require each coal combustion re8 siduals unit located in the nonparticipating 

9 State to achieve compliance with applicable cri10 teria established by the Administrator under 

11 part 257 of title 40, Code of Federal Regulations 

12 (or successor regulations promulgated pursuant 

13 to sections 1008(a)(3) and 4004(a)). 

14 ‘‘(3) APPLICABILITY OF CRITERIA.—The applica15 ble criteria for coal combustion residuals units under 

16 part 257 of title 40, Code of Federal Regulations (or 

17 successor regulations promulgated pursuant to sec18 tions 1008(a)(3) and 4004(a)), shall apply to each 

19 coal combustion residuals unit in a State unless— 

20 ‘‘(A) a permit under a State permit pro21 gram or other system of prior approval and con22 ditions approved by the Administrator under 

23 paragraph (1)(B) is in effect for the coal combus24 tion residuals unit; or 
272 

•S 612 EAH 

1 ‘‘(B) a permit issued by the Administrator 

2 in a State in which the Administrator is imple3 menting a permit program under paragraph 

4 (2)(B) is in effect for the coal combustion residu5 als unit. 

6 ‘‘(4) PROHIBITION ON OPEN DUMPING.— 

7 ‘‘(A) IN GENERAL.—The Administrator 

8 may use the authority provided by sections 3007 

9 and 3008 to enforce the prohibition on open 

10 dumping under subsection (a) with respect to a 

11 coal combustion residuals unit— 

12 ‘‘(i) in a nonparticipating State (as 

13 defined in paragraph (2)); and 

14 ‘‘(ii) located in a State that is ap15 proved to operate a permit program or 

16 other system of prior approval and condi17 tions under paragraph (1)(B), in accord18 ance with subparagraph (B) of this para19 graph. 

20 ‘‘(B) FEDERAL ENFORCEMENT IN AN AP21 PROVED STATE.— 

22 ‘‘(i) IN GENERAL.—In the case of a 

23 coal combustion residuals unit located in a 

24 State that is approved to operate a permit 

25 program or other system of prior approval 
273 

•S 612 EAH 

1 and conditions under paragraph (1)(B), the 

2 Administrator may commence an adminis3 trative or judicial enforcement action under 

4 section 3008 if— 

5 ‘‘(I) the State requests that the 

6 Administrator provide assistance in 

7 the performance of an enforcement ac8 tion; or 

9 ‘‘(II) after consideration of any 

10 other administrative or judicial en11 forcement action involving the coal 

12 combustion residuals unit, the Admin13 istrator determines that an enforce14 ment action is likely to be necessary to 

15 ensure that the coal combustion residu16 als unit is operating in accordance 

17 with the criteria established under the 

18 permit program or other system of 

19 prior approval and conditions. 

20 ‘‘(ii) NOTIFICATION.—In the case of an 

21 enforcement action by the Administrator 

22 under clause (i)(II), before issuing an order 

23 or commencing a civil action, the Adminis24 trator shall notify the State in which the 

25 coal combustion residuals unit is located. 
274 

•S 612 EAH 

1 ‘‘(iii) ANNUAL REPORT TO CON2 GRESS.— 

3 ‘‘(I) IN GENERAL.—Subject to 

4 subclause (II), not later than December 

5 31, 2017, and December 31 of each 

6 year thereafter, the Administrator shall 

7 submit to the Committee on Environ8 ment and Public Works of the Senate 

9 and the Committee on Energy and 

10 Commerce of the House of Representa11 tives a report that describes any en12 forcement action commenced under 

13 clause (i), including a description of 

14 the basis for the enforcement action. 

15 ‘‘(II) APPLICABILITY.—Subclause 

16 (I) shall not apply for any calendar 

17 year during which the Administrator 

18 does not commence an enforcement ac19 tion under clause (i). 

20 ‘‘(5) INDIAN COUNTRY.—The Administrator shall 

21 establish and carry out a permit program, in accord22 ance with this subsection, for coal combustion residu23 als units in Indian country (as defined in section 

24 1151 of title 18, United States Code) to require each 

25 coal combustion residuals unit located in Indian 
275 

•S 612 EAH 

1 country to achieve compliance with the applicable cri2 teria established by the Administrator under part 257 

3 of title 40, Code of Federal Regulations (or successor 

4 regulations promulgated pursuant to sections 

5 1008(a)(3) and 4004(a)). 

6 ‘‘(6) TREATMENT OF COAL COMBUSTION RESIDU7 ALS UNITS.—A coal combustion residuals unit shall 

8 be considered to be a sanitary landfill for purposes of 

9 this Act, including subsection (a), only if the coal 

10 combustion residuals unit is operating in accordance 

11 with— 

12 ‘‘(A) the requirements of a permit issued 

13 by— 

14 ‘‘(i) the State in accordance with a 

15 program or system approved under para16 graph (1)(B); or 

17 ‘‘(ii) the Administrator pursuant to 

18 paragraph (2)(B) or paragraph (5); or 

19 ‘‘(B) the applicable criteria for coal combus20 tion residuals units under part 257 of title 40, 

21 Code of Federal Regulations (or successor regula22 tions promulgated pursuant to sections 

23 1008(a)(3) and 4004(a)). 

24 ‘‘(7) EFFECT OF SUBSECTION.—Nothing in this 

25 subsection affects any authority, regulatory deter-
276 

•S 612 EAH 

1 mination, other law, or legal obligation in effect on 

2 the day before the date of enactment of the Water and 

3 Waste Act of 2016.’’. 

4 TITLE III—NATURAL RESOURCES 

5 Subtitle A—Indian Dam Safety 

6 SEC. 3101. INDIAN DAM SAFETY. 

7 (a) DEFINITIONS.—In this section: 

8 (1) DAM.— 

9 (A) IN GENERAL.—The term ‘‘dam’’ has the 

10 meaning given the term in section 2 of the Na11 tional Dam Safety Program Act (33 U.S.C. 

12 467). 

13 (B) INCLUSIONS.—The term ‘‘dam’’ in14 cludes any structure, facility, equipment, or ve15 hicle used in connection with the operation of a 

16 dam. 

17 (2) FUND.—The term ‘‘Fund’’ means, as appli18 cable— 

19 (A) the High-Hazard Indian Dam Safety 

20 Deferred Maintenance Fund established by sub21 section (b)(1)(A); or 

22 (B) the Low-Hazard Indian Dam Safety 

23 Deferred Maintenance Fund established by sub24 section (b)(2)(A). 
277 

•S 612 EAH 

1 (3) HIGH HAZARD POTENTIAL DAM.—The term 

2 ‘‘high hazard potential dam’’ means a dam assigned 

3 to the significant or high hazard potential classifica4 tion under the guidelines published by the Federal 

5 Emergency Management Agency entitled ‘‘Federal 

6 Guidelines for Dam Safety: Hazard Potential Classi7 fication System for Dams’’ (FEMA Publication Num8 ber 333). 

9 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

10 the meaning given the term in section 4 of the Indian 

11 Self-Determination and Education Assistance Act (25 

12 U.S.C. 5304). 

13 (5) LOW HAZARD POTENTIAL DAM.—The term 

14 ‘‘low hazard potential dam’’ means a dam assigned to 

15 the low hazard potential classification under the 

16 guidelines published by the Federal Emergency Man17 agement Agency entitled ‘‘Federal Guidelines for Dam 

18 Safety: Hazard Potential Classification System for 

19 Dams’’ (FEMA Publication Number 333). 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior, acting through the As22 sistant Secretary for Indian Affairs, in consultation 

23 with the Secretary of the Army. 

24 (b) INDIAN DAM SAFETY DEFERRED MAINTENANCE

25 FUNDS.— 
278 

•S 612 EAH 

1 (1) HIGH-HAZARD FUND.— 

2 (A) ESTABLISHMENT.—There is established 

3 in the Treasury of the United States a fund, to 

4 be known as the ‘‘High-Hazard Indian Dam 

5 Safety Deferred Maintenance Fund’’, consisting 

6 of— 

7 (i) such amounts as are deposited in 

8 the Fund under subparagraph (B); and 

9 (ii) any interest earned on investment 

10 of amounts in the Fund under subpara11 graph (D). 

12 (B) DEPOSITS TO FUND.— 

13 (i) IN GENERAL.—For each of fiscal 

14 years 2017 through 2023, the Secretary of 

15 the Treasury shall deposit in the Fund 

16 $22,750,000 from the general fund of the 

17 Treasury. 

18 (ii) AVAILABILITY OF AMOUNTS.— 

19 Amounts deposited in the Fund under 

20 clause (i) shall be used, subject to appro21 priation, to carry out this section. 

22 (C) EXPENDITURES FROM FUND.— 

23 (i) IN GENERAL.—Subject to clause 

24 (ii), for each of fiscal years 2017 through 

25 2023, the Secretary may, to the extent pro-
279 

•S 612 EAH 

1 vided in advance in appropriations Acts, 

2 expend from the Fund, in accordance with 

3 this section, not more than the sum of— 

4 (I) $22,750,000; and 

5 (II) the amount of interest ac6 crued in the Fund. 

7 (ii) ADDITIONAL EXPENDITURES.—The 

8 Secretary may expend more than 

9 $22,750,000 for any fiscal year referred to 

10 in clause (i) if the additional amounts are 

11 available in the Fund as a result of a fail12 ure of the Secretary to expend all of the 

13 amounts available under clause (i) in 1 or 

14 more prior fiscal years. 

15 (D) INVESTMENTS OF AMOUNTS.— 

16 (i) IN GENERAL.—The Secretary of the 

17 Treasury shall invest such portion of the 

18 Fund as is not, in the judgment of the Sec19 retary, required to meet current with20 drawals. 

21 (ii) CREDITS TO FUND.—The interest 

22 on, and the proceeds from the sale or re23 demption of, any obligations held in the 

24 Fund shall be credited to, and form a part 

25 of, the Fund. 
280 

•S 612 EAH 

1 (E) TRANSFERS OF AMOUNTS.— 

2 (i) IN GENERAL.—The amounts re3 quired to be transferred to the Fund under 

4 this paragraph shall be transferred at least 

5 monthly. 

6 (ii) ADJUSTMENTS.—Proper adjust7 ment shall be made in amounts subse8 quently transferred to the extent prior esti9 mates are in excess of or less than the 

10 amounts required to be transferred. 

11 (F) TERMINATION.—On September 30, 

12 2023— 

13 (i) the Fund shall terminate; and 

14 (ii) the unexpended and unobligated 

15 balance of the Fund shall be transferred to 

16 the general fund of the Treasury. 

17 (2) LOW-HAZARD FUND.— 

18 (A) ESTABLISHMENT.—There is established 

19 in the Treasury of the United States a fund, to 

20 be known as the ‘‘Low-Hazard Indian Dam 

21 Safety Deferred Maintenance Fund’’, consisting 

22 of— 

23 (i) such amounts as are deposited in 

24 the Fund under subparagraph (B); and 
281 

•S 612 EAH 

1 (ii) any interest earned on investment 

2 of amounts in the Fund under subpara3 graph (D). 

4 (B) DEPOSITS TO FUND.— 

5 (i) IN GENERAL.—For each of fiscal 

6 years 2017 through 2023, the Secretary of 

7 the Treasury shall deposit in the Fund 

8 $10,000,000 from the general fund of the 

9 Treasury. 

10 (ii) AVAILABILITY OF AMOUNTS.— 

11 Amounts deposited in the Fund under 

12 clause (i) shall be used, subject to appro13 priation, to carry out this section. 

14 (C) EXPENDITURES FROM FUND.— 

15 (i) IN GENERAL.—Subject to clause 

16 (ii), for each of fiscal years 2017 through 

17 2023, the Secretary may, to the extent pro18 vided in advance in appropriations Acts, 

19 expend from the Fund, in accordance with 

20 this section, not more than the sum of— 

21 (I) $10,000,000; and 

22 (II) the amount of interest ac23 crued in the Fund. 

24 (ii) ADDITIONAL EXPENDITURES.—The 

25 Secretary may expend more than 
282 

•S 612 EAH 

1 $10,000,000 for any fiscal year referred to 

2 in clause (i) if the additional amounts are 

3 available in the Fund as a result of a fail4 ure of the Secretary to expend all of the 

5 amounts available under clause (i) in 1 or 

6 more prior fiscal years. 

7 (D) INVESTMENTS OF AMOUNTS.— 

8 (i) IN GENERAL.—The Secretary of the 

9 Treasury shall invest such portion of the 

10 Fund as is not, in the judgment of the Sec11 retary, required to meet current with12 drawals. 

13 (ii) CREDITS TO FUND.—The interest 

14 on, and the proceeds from the sale or re15 demption of, any obligations held in the 

16 Fund shall be credited to, and form a part 

17 of, the Fund. 

18 (E) TRANSFERS OF AMOUNTS.— 

19 (i) IN GENERAL.—The amounts re20 quired to be transferred to the Fund under 

21 this paragraph shall be transferred at least 

22 monthly. 

23 (ii) ADJUSTMENTS.—Proper adjust24 ment shall be made in amounts subse25 quently transferred to the extent prior esti-
283 

•S 612 EAH 

1 mates are in excess of or less than the 

2 amounts required to be transferred. 

3 (F) TERMINATION.—On September 30, 

4 2023— 

5 (i) the Fund shall terminate; and 

6 (ii) the unexpended and unobligated 

7 balance of the Fund shall be transferred to 

8 the general fund of the Treasury. 

9 (c) REPAIR, REPLACEMENT, AND MAINTENANCE OF

10 CERTAIN INDIAN DAMS.— 

11 (1) PROGRAM ESTABLISHMENT.— 

12 (A) IN GENERAL.—The Secretary shall es13 tablish a program to address the deferred main14 tenance needs of Indian dams that— 

15 (i) create flood risks or other risks to 

16 public or employee safety or natural or cul17 tural resources; and 

18 (ii) unduly impede the management 

19 and efficiency of Indian dams. 

20 (B) FUNDING.— 

21 (i) HIGH-HAZARD FUND.—Consistent 

22 with subsection (b)(1)(B), the Secretary 

23 shall use or transfer to the Bureau of In24 dian Affairs not less than $22,750,000 of 

25 amounts in the High-Hazard Indian Dam 
284 

•S 612 EAH 

1 Safety Deferred Maintenance Fund, plus ac2 crued interest, for each of fiscal years 2017 

3 through 2023 to carry out maintenance, re4 pair, and replacement activities for 1 or 

5 more of the Indian dams described in para6 graph (2)(A). 

7 (ii) LOW-HAZARD FUND.—Consistent 

8 with subsection (b)(2)(B), the Secretary 

9 shall use or transfer to the Bureau of In10 dian Affairs not less than $10,000,000 of 

11 amounts in the Low-Hazard Indian Dam 

12 Safety Deferred Maintenance Fund, plus ac13 crued interest, for each of fiscal years 2017 

14 through 2023 to carry out maintenance, re15 pair, and replacement activities for 1 or 

16 more of the Indian dams described in para17 graph (2)(B). 

18 (C) COMPLIANCE WITH DAM SAFETY POLI19 CIES.—Maintenance, repair, and replacement 

20 activities for Indian dams under this section 

21 shall be carried out in accordance with the dam 

22 safety policies of the Director of the Bureau of 

23 Indian Affairs established to carry out the In24 dian Dams Safety Act of 1994 (25 U.S.C. 3801 

25 et seq.). 
285 

•S 612 EAH 

1 (2) ELIGIBLE DAMS.— 

2 (A) HIGH HAZARD POTENTIAL DAMS.—The 

3 dams eligible for funding under paragraph 

4 (1)(B)(i) are Indian high hazard potential dams 

5 in the United States that— 

6 (i) are included in the safety of dams 

7 program established pursuant to the Indian 

8 Dams Safety Act of 1994 (25 U.S.C. 3801 

9 et seq.); and 

10 (iii)(I)(aa) are owned by the Federal 

11 Government, as listed in the Federal inven12 tory required by Executive Order 13327 (40 

13 U.S.C. 121 note; relating to Federal real 

14 property asset management); and 

15 (bb) are managed by the Bureau of In16 dian Affairs (including dams managed 

17 under contracts or compacts pursuant to the 

18 Indian Self-Determination and Education 

19 Assistance Act (25 U.S.C. 5301 et seq.)); or 

20 (II) have deferred maintenance docu21 mented by the Bureau of Indian Affairs. 

22 (B) LOW HAZARD POTENTIAL DAMS.—The 

23 dams eligible for funding under paragraph 

24 (1)(B)(ii) are Indian low hazard potential dams 
286 

•S 612 EAH 

1 in the United States that, on the date of enact2 ment of this Act— 

3 (i) are covered under the Indian Dams 

4 Safety Act of 1994 (25 U.S.C. 3801 et seq.); 

5 and 

6 (ii)(I)(aa) are owned by the Federal 

7 Government, as listed in the Federal inven8 tory required by Executive Order 13327 (40 

9 U.S.C. 121 note; relating to Federal real 

10 property asset management); and 

11 (bb) are managed by the Bureau of In12 dian Affairs (including dams managed 

13 under contracts or compacts pursuant to the 

14 Indian Self-Determination and Education 

15 Assistance Act (25 U.S.C. 5301 et seq.)); or 

16 (II) have deferred maintenance docu17 mented by the Bureau of Indian Affairs. 

18 (3) REQUIREMENTS AND CONDITIONS.—Not later 

19 than 120 days after the date of enactment of this Act 

20 and as a precondition to amounts being expended 

21 from the Fund to carry out this subsection, the Sec22 retary, in consultation with representatives of affected 

23 Indian tribes, shall develop and submit to Congress— 

24 (A) programmatic goals to carry out this 

25 subsection that— 
287 

•S 612 EAH 

1 (i) would enable the completion of re2 pairing, replacing, improving, or per3 forming maintenance on Indian dams as 

4 expeditiously as practicable, subject to the 

5 dam safety policies of the Director of the 

6 Bureau of Indian Affairs established to 

7 carry out the Indian Dams Safety Act of 

8 1994 (25 U.S.C. 3801 et seq.); 

9 (ii) facilitate or improve the ability of 

10 the Bureau of Indian Affairs to carry out 

11 the mission of the Bureau of Indian Affairs 

12 in operating an Indian dam; and 

13 (iii) ensure that the results of govern14 ment-to-government consultation required 

15 under paragraph (4) be addressed; and 

16 (B) funding prioritization criteria to serve 

17 as a methodology for distributing funds under 

18 this subsection that take into account— 

19 (i) the extent to which deferred mainte20 nance of Indian dams poses a threat to— 

21 (I) public or employee safety or 

22 health; 

23 (II) natural or cultural resources; 

24 or 
288 

•S 612 EAH 

1 (III) the ability of the Bureau of 

2 Indian Affairs to carry out the mission 

3 of the Bureau of Indian Affairs in op4 erating an Indian dam; 

5 (ii) the extent to which repairing, re6 placing, improving, or performing mainte7 nance on an Indian dam will— 

8 (I) improve public or employee 

9 safety, health, or accessibility; 

10 (II) assist in compliance with 

11 codes, standards, laws, or other re12 quirements; 

13 (III) address unmet needs; or 

14 (IV) assist in protecting natural 

15 or cultural resources; 

16 (iii) the methodology of the rehabilita17 tion priority index of the Secretary, as in 

18 effect on the date of enactment of this Act; 

19 (iv) the potential economic benefits of 

20 the expenditures on job creation and general 

21 economic development in the affected tribal 

22 communities; 

23 (v) the ability of an Indian dam to ad24 dress tribal, regional, and watershed level 

25 flood prevention needs; 
289 

•S 612 EAH 

1 (vi) the need to comply with the dam 

2 safety policies of the Director of the Bureau 

3 of Indian Affairs established to carry out 

4 the Indian Dams Safety Act of 1994 (25 

5 U.S.C. 3801 et seq.); 

6 (vii) the ability of the water storage 

7 capacity of an Indian dam to be increased 

8 to prevent flooding in downstream tribal 

9 and nontribal communities; and 

10 (viii) such other factors as the Sec11 retary determines to be appropriate to 

12 prioritize the use of available funds that 

13 are, to the fullest extent practicable, con14 sistent with tribal and user recommenda15 tions received pursuant to the consultation 

16 and input process under paragraph (4). 

17 (4) TRIBAL CONSULTATION AND USER INPUT.— 

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

19 subparagraph (B), before expending funds on an 

20 Indian dam pursuant to paragraph (1) and not 

21 later than 60 days after the date of enactment of 

22 this Act, the Secretary shall— 

23 (i) consult with the Director of the Bu24 reau of Indian Affairs on the expenditure of 

25 funds; 
290 

•S 612 EAH 

1 (ii) ensure that the Director of the Bu2 reau of Indian Affairs advises the Indian 

3 tribe that has jurisdiction over the land on 

4 which a dam eligible to receive funding 

5 under paragraph (2) is located on the ex6 penditure of funds; and 

7 (iii) solicit and consider the input, 

8 comments, and recommendations of the 

9 landowners served by the Indian dam. 

10 (B) EMERGENCIES.—If the Secretary deter11 mines that an emergency circumstance exists 

12 with respect to an Indian dam, subparagraph 

13 (A) shall not apply with respect to that Indian 

14 dam. 

15 (5) ALLOCATION AMONG DAMS.— 

16 (A) IN GENERAL.—Subject to subparagraph 

17 (B), to the maximum extent practicable, the Sec18 retary shall ensure that, for each of fiscal years 

19 2017 through 2023, each Indian dam eligible for 

20 funding under paragraph (2) that has critical 

21 maintenance needs receives part of the funding 

22 under paragraph (1) to address critical mainte23 nance needs. 

24 (B) PRIORITY.—In allocating amounts 

25 under paragraph (1)(B), in addition to consid-
291 

•S 612 EAH 

1 ering the funding priorities described in para2 graph (3), the Secretary shall give priority to 

3 Indian dams eligible for funding under para4 graph (2) that serve— 

5 (i) more than 1 Indian tribe within an 

6 Indian reservation; or 

7 (ii) highly populated Indian commu8 nities, as determined by the Secretary. 

9 (C) CAP ON FUNDING.— 

10 (i) IN GENERAL.—Subject to clause 

11 (ii), in allocating amounts under para12 graph (1)(B), the Secretary shall allocate 

13 not more than $10,000,000 to any indi14 vidual dam described in paragraph (2) dur15 ing any consecutive 3-year period. 

16 (ii) EXCEPTION.—Notwithstanding the 

17 cap described in clause (i), if the full 

18 amount under paragraph (1)(B) cannot be 

19 fully allocated to eligible Indian dams be20 cause the costs of the remaining activities 

21 authorized in paragraph (1)(B) of an In22 dian dam would exceed the cap described in 

23 clause (i), the Secretary may allocate the re24 maining funds to eligible Indian dams in 

25 accordance with this subsection. 
292 

•S 612 EAH 

1 (D) BASIS OF FUNDING.—Any amounts 

2 made available under this paragraph shall be 

3 nonreimbursable. 

4 (E) APPLICABILITY OF ISDEAA.—The In5 dian Self-Determination and Education Assist6 ance Act (25 U.S.C. 5301 et seq.) shall apply to 

7 activities carried out under this paragraph. 

8 (d) TRIBAL SAFETY OF DAMS COMMITTEE.— 

9 (1) ESTABLISHMENT OF COMMITTEE.— 

10 (A) ESTABLISHMENT.—The Secretary of the 

11 Interior shall establish within the Bureau of In12 dian Affairs the Tribal Safety of Dams Com13 mittee (referred to in this paragraph as the 

14 ‘‘Committee’’). 

15 (B) MEMBERSHIP.— 

16 (i) COMPOSITION.—The Committee 

17 shall be composed of 15 members, of 

18 whom— 

19 (I) 11 shall be appointed by the 

20 Secretary of the Interior from among 

21 individuals who, to the maximum ex22 tent practicable, have knowledge and 

23 expertise in dam safety issues and 

24 flood prevention and mitigation, of 

25 whom not less than 1 shall be a mem-
293 

•S 612 EAH 

1 ber of an Indian tribe in each of the 

2 Bureau of Indian Affairs regions of— 

3 (aa) the Northwest Region; 

4 (bb) the Pacific Region; 

5 (cc) the Western Region; 

6 (dd) the Navajo Region; 

7 (ee) the Southwest Region; 

8 (ff) the Rocky Mountain Re9 gion; 

10 (gg) the Great Plans Region; 

11 and 

12 (hh) the Midwest Region; 

13 (II) 2 shall be appointed by the 

14 Secretary of the Interior from among 

15 employees of the Bureau of Indian Af16 fairs who have knowledge and expertise 

17 in dam safety issues and flood preven18 tion and mitigation; 

19 (III) 1 shall be appointed by the 

20 Secretary of the Interior from among 

21 employees of the Bureau of Reclama22 tion who have knowledge and expertise 

23 in dam safety issues and flood preven24 tion and mitigation; and 
294 

•S 612 EAH 

1 (IV) 1 shall be appointed by the 

2 Secretary of the Army from among em3 ployees of the Corps of Engineers who 

4 have knowledge and expertise in dam 

5 safety issues and flood prevention and 

6 mitigation. 

7 (ii) NONVOTING MEMBERS.—The mem8 bers of the Committee appointed under sub9 clauses (II) and (III) of clause (i) shall be 

10 nonvoting members. 

11 (iii) DATE.—The appointments of the 

12 members of the Committee shall be made as 

13 soon as practicable after the date of enact14 ment of this Act. 

15 (C) PERIOD OF APPOINTMENT.—Members 

16 shall be appointed for the life of the Committee. 

17 (D) VACANCIES.—Any vacancy in the Com18 mittee shall not affect the powers of the Com19 mittee, but shall be filled in the same manner as 

20 the original appointment. 

21 (E) INITIAL MEETING.—Not later than 30 

22 days after the date on which all members of the 

23 Committee have been appointed, the Committee 

24 shall hold the first meeting. 
295 

•S 612 EAH 

1 (F) MEETINGS.—The Committee shall meet 

2 at the call of the Chairperson. 

3 (G) QUORUM.—A majority of the members 

4 of the Committee shall constitute a quorum, but 

5 a lesser number of members may hold hearings. 

6 (H) CHAIRPERSON AND VICE CHAIR7 PERSON.—The Committee shall select a Chair8 person and Vice Chairperson from among the 

9 members. 

10 (2) DUTIES OF THE COMMITTEE.— 

11 (A) STUDY.—The Committee shall conduct 

12 a thorough study of all matters relating to the 

13 modernization of the Indian Dams Safety Act of 

14 1994 (25 U.S.C. 3801 et seq.). 

15 (B) RECOMMENDATIONS.—The Committee 

16 shall develop recommendations for legislation to 

17 improve the Indian Dams Safety Act of 1994 (25 

18 U.S.C. 3801 et seq.). 

19 (C) REPORT.—Not later than 1 year after 

20 the date on which the Committee holds the first 

21 meeting, the Committee shall submit a report 

22 containing a detailed statement of the findings 

23 and conclusions of the Committee, together with 

24 recommendations for legislation that the Com25 mittee considers appropriate, to— 
296 

•S 612 EAH 

1 (i) the Committee on Indian Affairs of 

2 the Senate; and 

3 (ii) the Committee on Natural Re4 sources of the House of Representatives. 

5 (3) POWERS OF THE COMMITTEE.— 

6 (A) HEARINGS.—The Committee may hold 

7 such hearings, sit and act at such times and 

8 places, take such testimony, and receive such evi9 dence as the Committee considers appropriate to 

10 carry out this paragraph. 

11 (B) INFORMATION FROM FEDERAL AGEN12 CIES.— 

13 (i) IN GENERAL.—The Committee may 

14 secure directly from any Federal depart15 ment or agency such information as the 

16 Committee considers necessary to carry out 

17 this paragraph. 

18 (ii) REQUEST.—On request of the 

19 Chairperson of the Committee, the head of 

20 any Federal department or agency shall 

21 furnish information described in clause (i) 

22 to the Committee. 

23 (C) POSTAL SERVICES.—The Committee 

24 may use the United States mails in the same 

25 manner and under the same conditions as other 
297 

•S 612 EAH 

1 departments and agencies of the Federal Govern2 ment. 

3 (D) GIFTS.—The Committee may accept, 

4 use, and dispose of gifts or donations of services 

5 or property. 

6 (4) COMMITTEE PERSONNEL MATTERS.— 

7 (A) COMPENSATION OF MEMBERS.— 

8 (i) NON-FEDERAL MEMBERS.—Each 

9 member of the Committee who is not an of10 ficer or employee of the Federal Government 

11 shall be compensated at a rate equal to the 

12 daily equivalent of the annual rate of basic 

13 pay prescribed for level IV of the Executive 

14 Schedule under section 5315 of title 5, 

15 United States Code, for each day (including 

16 travel time) during which the member is en17 gaged in the performance of the duties of the 

18 Committee. 

19 (ii) FEDERAL MEMBERS.—Each mem20 ber of the Committee who is an officer or 

21 employee of the Federal Government shall 

22 serve without compensation in addition to 

23 that received for services as an officer or 

24 employee of the Federal Government. 
298 

•S 612 EAH 

1 (B) TRAVEL EXPENSES.—The members of 

2 the Committee shall be allowed travel expenses, 

3 including per diem in lieu of subsistence, at 

4 rates authorized for employees of agencies under 

5 subchapter I of chapter 57 of title 5, United 

6 States Code, while away from their homes or reg7 ular places of business in the performance of 

8 services for the Committee. 

9 (C) STAFF.— 

10 (i) IN GENERAL.— 

11 (I) APPOINTMENT.—The Chair12 person of the Committee may, without 

13 regard to the civil service laws and 

14 regulations, appoint and terminate an 

15 executive director and such other addi16 tional personnel as may be necessary 

17 to enable the Committee to perform the 

18 duties of the Committee. 

19 (II) CONFIRMATION.—The em20 ployment of an executive director shall 

21 be subject to confirmation by the Com22 mittee. 

23 (ii) COMPENSATION.—The Chairperson 

24 of the Committee may fix the compensation 

25 of the executive director and other personnel 
299 

•S 612 EAH 

1 without regard to chapter 51 and sub2 chapter III of chapter 53 of title 5, United 

3 States Code, relating to classification of po4 sitions and General Schedule pay rates, ex5 cept that the rate of pay for the executive 

6 director and other personnel may not exceed 

7 the rate payable for level V of the Executive 

8 Schedule under section 5316 of that title. 

9 (D) DETAIL OF GOVERNMENT EMPLOY10 EES.—Any Federal Government employee may 

11 be detailed to the Committee without reimburse12 ment, and such detail shall be without interrup13 tion or loss of civil service status or privilege. 

14 (E) PROCUREMENT OF TEMPORARY AND

15 INTERMITTENT SERVICES.—The Chairperson of 

16 the Committee may procure temporary and 

17 intermittent services under section 3109(b) of 

18 title 5, United States Code, at rates for individ19 uals that do not exceed the daily equivalent of 

20 the annual rate of basic pay prescribed for level 

21 V of the Executive Schedule under section 5316 

22 of that title. 

23 (5) TERMINATION OF THE COMMITTEE.—The 

24 Committee shall terminate 90 days after the date on 
300 

•S 612 EAH 

1 which the Committee submits the report under para2 graph (2)(C). 

3 (6) FUNDING.—Of the amounts authorized to be 

4 expended from either Fund, $1,000,000 shall be made 

5 available from either Fund during fiscal year 2017 to 

6 carry out this subsection, to remain available until 

7 expended. 

8 (e) INDIAN DAM SURVEYS.— 

9 (1) TRIBAL REPORTS.—The Secretary shall re10 quest that, not less frequently than once every 180 

11 days, each Indian tribe submit to the Secretary a re12 port providing an inventory of the dams located on 

13 the land of the Indian tribe. 

14 (2) BIA REPORTS.—Not less frequently than 

15 once each year, the Secretary shall submit to Congress 

16 a report describing the condition of each dam under 

17 the partial or total jurisdiction of the Secretary. 

18 (f) FLOOD PLAIN MANAGEMENT PILOT PROGRAM.— 

19 (1) ESTABLISHMENT.—The Secretary shall estab20 lish, within the Bureau of Indian Affairs, a flood 

21 plain management pilot program (referred to in this 

22 subsection as the ‘‘program’’) to provide, at the re23 quest of an Indian tribe, guidance to the Indian tribe 

24 relating to best practices for the mitigation and pre-
301 

•S 612 EAH 

1 vention of floods, including consultation with the In2 dian tribe on— 

3 (A) flood plain mapping; or 

4 (B) new construction planning. 

5 (2) TERMINATION.—The program shall terminate 

6 on the date that is 4 years after the date of enactment 

7 of this Act. 

8 (3) FUNDING.—Of the amounts authorized to be 

9 expended from either Fund, $250,000 shall be made 

10 available from either Fund during each of fiscal years 

11 2017, 2018, and 2019 to carry out this subsection, to 

12 remain available until expended. 

13 Subtitle B—Irrigation Rehabilita14 tion and Renovation for Indian 

15 Tribal Governments and Their 

16 Economies 

17 SEC. 3201. DEFINITIONS. 

18 In this subtitle: 

19 (1) DEFERRED MAINTENANCE.—The term ‘‘de20 ferred maintenance’’ means any maintenance activity 

21 that was delayed to a future date, in lieu of being 

22 carried out at the time at which the activity was 

23 scheduled to be, or otherwise should have been, carried 

24 out. 
302 

•S 612 EAH 

1 (2) FUND.—The term ‘‘Fund’’ means the Indian 

2 Irrigation Fund established by section 3211. 

3 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

4 the meaning given the term in section 4 of the Indian 

5 Self-Determination and Education Assistance Act (25 

6 U.S.C. 5304). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 PART I—INDIAN IRRIGATION FUND 

10 SEC. 3211. ESTABLISHMENT. 

11 There is established in the Treasury of the United 

12 States a fund, to be known as the ‘‘Indian Irrigation 

13 Fund’’, consisting of— 

14 (1) such amounts as are deposited in the Fund 

15 under section 3212; and 

16 (2) any interest earned on investment of 

17 amounts in the Fund under section 3214. 

18 SEC. 3212. DEPOSITS TO FUND. 

19 (a) IN GENERAL.—For each of fiscal years 2017 

20 through 2021, the Secretary of the Treasury shall deposit 

21 in the Fund $35,000,000 from the general fund of the Treas22 ury. 

23 (b) AVAILABILITY OF AMOUNTS.—Amounts deposited 

24 in the Fund under subsection (a) shall be used, subject to 

25 appropriation, to carry out this subtitle. 
303 

•S 612 EAH 

1 SEC. 3213. EXPENDITURES FROM FUND. 

2 (a) IN GENERAL.—Subject to subsection (b), for each 

3 of fiscal years 2017 through 2021, the Secretary may, to 

4 the extent provided in advance in appropriations Acts, ex5 pend from the Fund, in accordance with this subtitle, not 

6 more than the sum of— 

7 (1) $35,000,000; and 

8 (2) the amount of interest accrued in the Fund. 

9 (b) ADDITIONAL EXPENDITURES.—The Secretary may 

10 expend more than $35,000,000 for any fiscal year referred 

11 to in subsection (a) if the additional amounts are available 

12 in the Fund as a result of a failure of the Secretary to ex13 pend all of the amounts available under subsection (a) in 

14 1 or more prior fiscal years. 

15 SEC. 3214. INVESTMENTS OF AMOUNTS. 

16 (a) IN GENERAL.—The Secretary of the Treasury shall 

17 invest such portion of the Fund as is not, in the judgment 

18 of the Secretary, required to meet current withdrawals. 

19 (b) CREDITS TO FUND.—The interest on, and the pro20 ceeds from the sale or redemption of, any obligations held 

21 in the Fund shall be credited to, and form a part of, the 

22 Fund. 

23 SEC. 3215. TRANSFERS OF AMOUNTS. 

24 (a) IN GENERAL.—The amounts required to be trans25 ferred to the Fund under this part shall be transferred at 

26 least monthly from the general fund of the Treasury to the 
304 

•S 612 EAH 

1 Fund on the basis of estimates made by the Secretary of 

2 the Treasury. 

3 (b) ADJUSTMENTS.—Proper adjustment shall be made 

4 in amounts subsequently transferred to the extent prior esti5 mates are in excess of or less than the amounts required 

6 to be transferred. 

7 SEC. 3216. TERMINATION. 

8 On September 30, 2021— 

9 (1) the Fund shall terminate; and 

10 (2) the unexpended and unobligated balance of 

11 the Fund shall be transferred to the general fund of 

12 the Treasury. 

13 PART II—REPAIR, REPLACEMENT, AND MAINTE14 NANCE OF CERTAIN INDIAN IRRIGATION 

15 PROJECTS 

16 SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF 

17 CERTAIN INDIAN IRRIGATION PROJECTS. 

18 (a) IN GENERAL.—The Secretary shall establish a pro19 gram to address the deferred maintenance needs and water 

20 storage needs of Indian irrigation projects that— 

21 (1) create risks to public or employee safety or 

22 natural or cultural resources; and 

23 (2) unduly impede the management and effi24 ciency of the Indian irrigation program. 
305 

•S 612 EAH 

1 (b) FUNDING.—Consistent with section 3213, the Sec2 retary shall use or transfer to the Bureau of Indian Affairs 

3 not less than $35,000,000 of amounts in the Fund, plus ac4 crued interest, for each of fiscal years 2017 through 2021 

5 to carry out maintenance, repair, and replacement activi6 ties for 1 or more of the Indian irrigation projects described 

7 in section 3222 (including any structures, facilities, equip8 ment, personnel, or vehicles used in connection with the op9 eration of those projects), subject to the condition that the 

10 funds expended under this part shall not be— 

11 (1) subject to reimbursement by the owners of the 

12 land served by the Indian irrigation projects; or 

13 (2) assessed as debts or liens against the land 

14 served by the Indian irrigation projects. 

15 SEC. 3222. ELIGIBLE PROJECTS. 

16 The projects eligible for funding under section 3221(b) 

17 are the Indian irrigation projects in the western United 

18 States that, on the date of enactment of this Act— 

19 (1) are owned by the Federal Government, as 

20 listed in the Federal inventory required by Executive 

21 Order 13327 (40 U.S.C. 121 note; relating to Federal 

22 real property asset management); 

23 (2) are managed and operated by the Bureau of 

24 Indian Affairs (including projects managed, operated, 

25 or maintained under contracts or compacts pursuant 
306 

•S 612 EAH 

1 to the Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 5301 et seq.); and 

3 (3) have deferred maintenance documented by 

4 the Bureau of Indian Affairs. 

5 SEC. 3223. REQUIREMENTS AND CONDITIONS. 

6 Not later than 120 days after the date of enactment 

7 of this Act and as a precondition to amounts being ex8 pended from the Fund to carry out this part, the Secretary, 

9 in consultation with the Assistant Secretary for Indian Af10 fairs and representatives of affected Indian tribes, shall de11 velop and submit to Congress— 

12 (1) programmatic goals to carry out this part 

13 that— 

14 (A) would enable the completion of repair15 ing, replacing, modernizing, or performing 

16 maintenance on projects as expeditiously as 

17 practicable; 

18 (B) facilitate or improve the ability of the 

19 Bureau of Indian Affairs to carry out the mis20 sion of the Bureau of Indian Affairs in oper21 ating a project; 

22 (C) ensure that the results of government-to23 government consultation required under section 

24 3225 be addressed; and 
307 

•S 612 EAH 

1 (D) would facilitate the construction of new 

2 water storage using non-Federal contributions to 

3 address tribal, regional, and watershed-level sup4 ply needs; and 

5 (2) funding prioritization criteria to serve as a 

6 methodology for distributing funds under this part, 

7 that take into account— 

8 (A) the extent to which deferred mainte9 nance of qualifying irrigation projects poses a 

10 threat to public or employee safety or health; 

11 (B) the extent to which deferred mainte12 nance poses a threat to natural or cultural re13 sources; 

14 (C) the extent to which deferred mainte15 nance poses a threat to the ability of the Bureau 

16 of Indian Affairs to carry out the mission of the 

17 Bureau of Indian Affairs in operating the 

18 project; 

19 (D) the extent to which repairing, replac20 ing, modernizing, or performing maintenance on 

21 a facility or structure will— 

22 (i) improve public or employee safety, 

23 health, or accessibility; 

24 (ii) assist in compliance with codes, 

25 standards, laws, or other requirements; 
308 

•S 612 EAH 

1 (iii) address unmet needs; and 

2 (iv) assist in protecting natural or cul3 tural resources; 

4 (E) the methodology of the rehabilitation 

5 priority index of the Secretary, as in effect on 

6 the date of enactment of this Act; 

7 (F) the potential economic benefits of the ex8 penditures on job creation and general economic 

9 development in the affected tribal communities; 

10 (G) the ability of the qualifying project to 

11 address tribal, regional, and watershed level 

12 water supply needs; and 

13 (H) such other factors as the Secretary de14 termines to be appropriate to prioritize the use 

15 of available funds that are, to the fullest extent 

16 practicable, consistent with tribal and user rec17 ommendations received pursuant to the consulta18 tion and input process under section 3225. 

19 SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND 

20 PROJECT MANAGEMENT. 

21 (a) TRIBAL CONSULTATION AND USER INPUT.—Before 

22 beginning to conduct the study required under subsection 

23 (b), the Secretary shall— 

24 (1) consult with the Indian tribes that have ju25 risdiction over the land on which an irrigation 
309 

•S 612 EAH 

1 project eligible to receive funding under section 3222 

2 is located; and 

3 (2) solicit and consider the input, comments, and 

4 recommendations of— 

5 (A) the landowners served by the irrigation 

6 project; and 

7 (B) irrigators from adjacent irrigation dis8 tricts. 

9 (b) STUDY.—Not later than 2 years after the date of 

10 enactment of this Act, the Secretary, acting through the As11 sistant Secretary for Indian Affairs, shall complete a study 

12 that evaluates options for improving programmatic and 

13 project management and performance of irrigation projects 

14 managed and operated in whole or in part by the Bureau 

15 of Indian Affairs. 

16 (c) REPORT.—On completion of the study under sub17 section (b), the Secretary, acting through the Assistant Sec18 retary for Indian Affairs, shall submit to the Committee 

19 on Indian Affairs of the Senate and the Committee on Nat20 ural Resources of the House of Representatives a report 

21 that— 

22 (1) describes the results of the study; 

23 (2) determines the cost to financially sustain 

24 each project; 
310 

•S 612 EAH 

1 (3) recommends whether management of each 

2 project could be improved by transferring manage3 ment responsibilities to other Federal agencies or 

4 water user groups; and 

5 (4) includes recommendations for improving pro6 grammatic and project management and perform7 ance— 

8 (A) in each qualifying project area; and 

9 (B) for the program as a whole. 

10 (d) STATUS REPORT.—Not later than 2 years after the 

11 date of enactment of this Act, and not less frequently than 

12 every 2 years thereafter (until the end of fiscal year 2021), 

13 the Secretary, acting through the Assistant Secretary for In14 dian Affairs, shall submit to the Committee on Indian Af15 fairs of the Senate and the Committee on Natural Resources 

16 of the House of Representatives a report that includes a de17 scription of— 

18 (1) the progress made toward addressing the de19 ferred maintenance needs of the Indian irrigation 

20 projects described in section 3222, including a list of 

21 projects funded during the fiscal period covered by the 

22 report; 

23 (2) the outstanding needs of those projects that 

24 have been provided funding to address the deferred 

25 maintenance needs pursuant to this part; 
311 

•S 612 EAH 

1 (3) the remaining needs of any of those projects; 

2 (4) how the goals established pursuant to section 

3 3223 have been met, including— 

4 (A) an identification and assessment of any 

5 deficiencies or shortfalls in meeting those goals; 

6 and 

7 (B) a plan to address the deficiencies or 

8 shortfalls in meeting those goals; and 

9 (5) any other subject matters the Secretary, to 

10 the maximum extent practicable consistent with tribal 

11 and user recommendations received pursuant to the 

12 consultation and input process under section 3225, 

13 determines to be appropriate. 

14 SEC. 3225. TRIBAL CONSULTATION AND USER INPUT. 

15 Before expending funds on an Indian irrigation 

16 project pursuant to section 3221 and not later than 120 

17 days after the date of enactment of this Act, the Secretary 

18 shall— 

19 (1) consult with the Indian tribe that has juris20 diction over the land on which an irrigation project 

21 eligible to receive funding under section 3222 is lo22 cated; and 

23 (2) solicit and consider the input, comments, and 

24 recommendations of— 
312 

•S 612 EAH 

1 (A) the landowners served by the irrigation 

2 project; and 

3 (B) irrigators from adjacent irrigation dis4 tricts. 

5 SEC. 3226. ALLOCATION AMONG PROJECTS. 

6 (a) IN GENERAL.—Subject to subsection (b), to the 

7 maximum extent practicable, the Secretary shall ensure 

8 that, for each of fiscal years 2017 through 2021, each Indian 

9 irrigation project eligible for funding under section 3222 

10 that has critical maintenance needs receives part of the 

11 funding under section 3221 to address critical maintenance 

12 needs. 

13 (b) PRIORITY.—In allocating amounts under section 

14 3221(b), in addition to considering the funding priorities 

15 described in section 3223, the Secretary shall give priority 

16 to eligible Indian irrigation projects serving more than 1 

17 Indian tribe within an Indian reservation and to projects 

18 for which funding has not been made available during the 

19 10-year period ending on the day before the date of enact20 ment of this Act under any other Act of Congress that ex21 pressly identifies the Indian irrigation project or the In22 dian reservation of the project to address the deferred main23 tenance, repair, or replacement needs of the Indian irriga24 tion project. 

25 (c) CAP ON FUNDING.— 
313 

•S 612 EAH 

1 (1) IN GENERAL.—Subject to paragraph (2), in 

2 allocating amounts under section 3221(b), the Sec3 retary shall allocate not more than $15,000,000 to 

4 any individual Indian irrigation project described in 

5 section 3222 during any consecutive 3-year period. 

6 (2) EXCEPTION.—Notwithstanding the cap de7 scribed in paragraph (1), if the full amount under 

8 section 3221(b) cannot be fully allocated to eligible 

9 Indian irrigation projects because the costs of the re10 maining activities authorized in section 3221(b) of an 

11 irrigation project would exceed the cap described in 

12 paragraph (1), the Secretary may allocate the re13 maining funds to eligible Indian irrigation projects 

14 in accordance with this part. 

15 (d) BASIS OF FUNDING.—Any amounts made avail16 able under this section shall be nonreimbursable. 

17 (e) APPLICABILITY OF ISDEAA.—The Indian Self-De18 termination and Education Assistance Act (25 U.S.C. 5301 

19 et seq.) shall apply to activities carried out under this sec20 tion. 
314 

•S 612 EAH 

1 Subtitle C—Weber Basin 

2 Prepayments 

3 SEC. 3301. PREPAYMENT OF CERTAIN REPAYMENT OBLIGA4 TIONS UNDER CONTRACTS BETWEEN THE 

5 UNITED STATES AND THE WEBER BASIN 

6 WATER CONSERVANCY DISTRICT. 

7 The Secretary of the Interior shall allow for prepay8 ment of repayment obligations under Repayment Contract 

9 No. 14–06–400–33 between the United States and the Weber 

10 Basin Water Conservancy District, dated December 12, 

11 1952, and supplemented and amended on June 30, 1961, 

12 on April 15, 1966, on September 20, 1968, and on May 

13 9, 1985, including future amendments and all related ap14 plicable contracts thereto, providing for repayment of Weber 

15 Basin Project construction costs allocated to irrigation and 

16 municipal and industrial purposes for which repayment is 

17 provided pursuant to such contracts under terms and condi18 tions similar to those used in implementing the prepayment 

19 provisions in section 210 of the Central Utah Project Com20 pletion Act (Public Law 102–575), as amended, for prepay21 ment of Central Utah Project, Bonneville Unit repayment 

22 obligations. The prepayment— 

23 (1) shall result in the United States recovering 

24 the net present value of all repayment streams that 
315 

•S 612 EAH 

1 would have been payable to the United States if this 

2 Act was not in effect; 

3 (2) may be provided in several installments; 

4 (3) may not be adjusted on the basis of the type 

5 of prepayment financing used by the District; and 

6 (4) shall be made such that total repayment is 

7 made not later than September 30, 2026. 

8 Subtitle D—Pechanga Water Rights 

9 Settlement 

10 SEC. 3401. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Pechanga Band of 

12 Luisen ̃o Mission Indians Water Rights Settlement Act’’. 

13 SEC. 3402. PURPOSES. 

14 The purposes of this subtitle are— 

15 (1) to achieve a fair, equitable, and final settle16 ment of claims to water rights and certain claims for 

17 injuries to water rights in the Santa Margarita River 

18 Watershed for— 

19 (A) the Band; and 

20 (B) the United States, acting in its capac21 ity as trustee for the Band and Allottees; 

22 (2) to achieve a fair, equitable, and final settle23 ment of certain claims by the Band and Allottees 

24 against the United States; 
316 

•S 612 EAH 

1 (3) to authorize, ratify, and confirm the 

2 Pechanga Settlement Agreement to be entered into by 

3 the Band, RCWD, and the United States; 

4 (4) to authorize and direct the Secretary— 

5 (A) to execute the Pechanga Settlement 

6 Agreement; and 

7 (B) to take any other action necessary to 

8 carry out the Pechanga Settlement Agreement in 

9 accordance with this subtitle; and 

10 (5) to authorize the appropriation of amounts 

11 necessary for the implementation of the Pechanga Set12 tlement Agreement and this subtitle. 

13 SEC. 3403. DEFINITIONS. 

14 In this subtitle: 

15 (1) ADJUDICATION COURT.—The term ‘‘Adju16 dication Court’’ means the United States District 

17 Court for the Southern District of California, which 

18 exercises continuing jurisdiction over the Adjudica19 tion Proceeding. 

20 (2) ADJUDICATION PROCEEDING.—The term 

21 ‘‘Adjudication Proceeding’’ means litigation initiated 

22 by the United States regarding relative water rights 

23 in the Santa Margarita River Watershed in United 

24 States v. Fallbrook Public Utility District et al., Civ. 

25 No. 3:51–cv–01247 (S.D.C.A.), including any litiga-
317 

•S 612 EAH 

1 tion initiated to interpret or enforce the relative 

2 water rights in the Santa Margarita River Watershed 

3 pursuant to the continuing jurisdiction of the Adju4 dication Court over the Fallbrook Decree. 

5 (3) ALLOTTEE.—The term ‘‘Allottee’’ means an 

6 individual who holds a beneficial real property inter7 est in an Indian allotment that is— 

8 (A) located within the Reservation; and 

9 (B) held in trust by the United States. 

10 (4) BAND.—The term ‘‘Band’’ means Pechanga 

11 Band of Luisen ̃o Mission Indians, a federally recog12 nized sovereign Indian tribe that functions as a cus13 tom and tradition Indian tribe, acting on behalf of 

14 itself and its members, but not acting on behalf of 

15 members in their capacities as Allottees. 

16 (5) CLAIMS.—The term ‘‘claims’’ means rights, 

17 claims, demands, actions, compensation, or causes of 

18 action, whether known or unknown. 

19 (6) EMWD.—The term ‘‘EMWD’’ means East20 ern Municipal Water District, a municipal water dis21 trict organized and existing in accordance with the 

22 Municipal Water District Law of 1911, Division 20 

23 of the Water Code of the State of California, as 

24 amended. 
318 

•S 612 EAH 

1 (7) EMWD CONNECTION FEE.—The term 

2 ‘‘EMWD Connection Fee’’ has the meaning set forth 

3 in the Extension of Service Area Agreement. 

4 (8) ENFORCEABILITY DATE.—The term ‘‘enforce5 ability date’’ means the date on which the Secretary 

6 publishes in the Federal Register the statement of 

7 findings described in section 3407(e). 

8 (9) ESAA CAPACITY AGREEMENT.—The term 

9 ‘‘ESAA Capacity Agreement’’ means the ‘‘ESAA Ca10 pacity Agreement’’, among the Band, RCWD, and the 

11 United States. 

12 (10) ESAA WATER.—The term ‘‘ESAA Water’’ 

13 means imported potable water that the Band receives 

14 from EMWD and MWD pursuant to the Extension of 

15 Service Area Agreement and delivered by RCWD pur16 suant to the ESAA Water Delivery Agreement. 

17 (11) ESAA WATER DELIVERY AGREEMENT.—The 

18 term ‘‘ESAA Water Delivery Agreement’’ means the 

19 agreement among EMWD, RCWD, and the Band, es20 tablishing the terms and conditions of water service 

21 to the Band. 

22 (12) EXTENSION OF SERVICE AREA AGREE23 MENT.—The term ‘‘Extension of Service Area Agree24 ment’’ means the ‘‘Extension of Service Area Agree25 ment’’, among the Band, EMWD, and MWD, for the 
319 

•S 612 EAH 

1 provision of water service by EMWD to a designated 

2 portion of the Reservation using water supplied by 

3 MWD. 

4 (13) FALLBROOK DECREE.— 

5 (A) IN GENERAL.—The term ‘‘Fallbrook De6 cree’’ means the ‘‘Modified Final Judgment And 

7 Decree’’, entered in the Adjudication Proceeding 

8 on April 6, 1966. 

9 (B) INCLUSIONS.—The term ‘‘Fallbrook De10 cree’’ includes all court orders, interlocutory 

11 judgments, and decisions supplemental to the 

12 ‘‘Modified Final Judgment And Decree’’, includ13 ing Interlocutory Judgment No. 30, Interlocutory 

14 Judgment No. 35, and Interlocutory Judgment 

15 No. 41. 

16 (14) FUND.—The term ‘‘Fund’’ means the 

17 Pechanga Settlement Fund established by section 

18 3409. 

19 (15) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

20 has the meaning given the term in section 4 of the In21 dian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 5304). 

23 (16) INJURY TO WATER RIGHTS.—The term ‘‘in24 jury to water rights’’ means an interference with, 
320 

•S 612 EAH 

1 diminution of, or deprivation of water rights under 

2 Federal or State law. 

3 (17) INTERIM CAPACITY.—The term ‘‘Interim 

4 Capacity’’ has the meaning set forth in the ESAA Ca5 pacity Agreement. 

6 (18) INTERIM CAPACITY NOTICE.—The term ‘‘In7 terim Capacity Notice’’ has the meaning set forth in 

8 the ESAA Capacity Agreement. 

9 (19) INTERLOCUTORY JUDGMENT NO. 41.—The 

10 term ‘‘Interlocutory Judgment No. 41’’ means Inter11 locutory Judgment No. 41 issued in the Adjudication 

12 Proceeding on November 8, 1962, including all court 

13 orders, judgments, and decisions supplemental to that 

14 interlocutory judgment. 

15 (20) MWD.—The term ‘‘MWD’’ means the Met16 ropolitan Water District of Southern California, a 

17 metropolitan water district organized and incor18 porated under the Metropolitan Water District Act of 

19 the State of California (Stats. 1969, Chapter 209, as 

20 amended). 

21 (21) MWD CONNECTION FEE.—The term ‘‘MWD 

22 Connection Fee’’ has the meaning set forth in the Ex23 tension of Service Area Agreement. 

24 (22) PECHANGA ESAA DELIVERY CAPACITY AC25 COUNT.—The term ‘‘Pechanga ESAA Delivery Capac-
321 

•S 612 EAH 

1 ity account’’ means the account established by section 

2 3409(c)(2). 

3 (23) PECHANGA RECYCLED WATER INFRASTRUC4 TURE ACCOUNT.—The term ‘‘Pechanga Recycled 

5 Water Infrastructure account’’ means the account es6 tablished by section 3409(c)(1). 

7 (24) PECHANGA SETTLEMENT AGREEMENT.—The 

8 term ‘‘Pechanga Settlement Agreement’’ means the 

9 Pechanga Settlement Agreement, dated April 8, 2016, 

10 together with the exhibits to that agreement, entered 

11 into by the Band, the United States on behalf of the 

12 Band, its members and Allottees, MWD, EMWD, and 

13 RCWD, including— 

14 (A) the Extension of Service Area Agree15 ment; 

16 (B) the ESAA Capacity Agreement; and 

17 (C) the ESAA Water Delivery Agreement. 

18 (25) PECHANGA WATER CODE.—The term 

19 ‘‘Pechanga Water Code’’ means a water code to be 

20 adopted by the Band in accordance with section 

21 3405(f). 

22 (26) PECHANGA WATER FUND ACCOUNT.—The 

23 term ‘‘Pechanga Water Fund account’’ means the ac24 count established by section 3409(c)(3). 
322 

•S 612 EAH 

1 (27) PECHANGA WATER QUALITY ACCOUNT.—The 

2 term ‘‘Pechanga Water Quality account’’ means the 

3 account established by section 3409(c)(4). 

4 (28) PERMANENT CAPACITY.—The term ‘‘Perma5 nent Capacity’’ has the meaning set forth in the 

6 ESAA Capacity Agreement. 

7 (29) PERMANENT CAPACITY NOTICE.—The term 

8 ‘‘Permanent Capacity Notice’’ has the meaning set 

9 forth in the ESAA Capacity Agreement. 

10 (30) RCWD.— 

11 (A) IN GENERAL.—The term ‘‘RCWD’’ 

12 means the Rancho California Water District or13 ganized pursuant to section 34000 et seq. of the 

14 California Water Code. 

15 (B) INCLUSIONS.—The term ‘‘RCWD’’ in16 cludes all real property owners for whom RCWD 

17 acts as an agent pursuant to an agency agree18 ment. 

19 (31) RECYCLED WATER INFRASTRUCTURE

20 AGREEMENT.—The term ‘‘Recycled Water Infrastruc21 ture Agreement’’ means the ‘‘Recycled Water Infra22 structure Agreement’’ among the Band, RCWD, and 

23 the United States. 

24 (32) RECYCLED WATER TRANSFER AGREE25 MENT.—The term ‘‘Recycled Water Transfer Agree-
323 

•S 612 EAH 

1 ment’’ means the ‘‘Recycled Water Transfer Agree2 ment’’ between the Band and RCWD. 

3 (33) RESERVATION.— 

4 (A) IN GENERAL.—The term ‘‘Reservation’’ 

5 means the land depicted on the map attached to 

6 the Pechanga Settlement Agreement as Exhibit I. 

7 (B) APPLICABILITY OF TERM.—The term 

8 ‘‘Reservation’’ shall be used solely for the pur9 poses of the Pechanga Settlement Agreement, this 

10 subtitle, and any judgment or decree issued by 

11 the Adjudication Court approving the Pechanga 

12 Settlement Agreement. 

13 (34) SANTA MARGARITA RIVER WATERSHED.— 

14 The term ‘‘Santa Margarita River Watershed’’ means 

15 the watershed that is the subject of the Adjudication 

16 Proceeding and the Fallbrook Decree. 

17 (35) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (36) STATE.—The term ‘‘State’’ means the State 

20 of California. 

21 (37) STORAGE POND.—The term ‘‘Storage Pond’’ 

22 has the meaning set forth in the Recycled Water In23 frastructure Agreement. 

24 (38) TRIBAL WATER RIGHT.—The term ‘‘Tribal 

25 Water Right’’ means the water rights ratified, con-
324 

•S 612 EAH 

1 firmed, and declared to be valid for the benefit of the 

2 Band and Allottees, as set forth and described in sec3 tion 3405. 

4 SEC. 3404. APPROVAL OF THE PECHANGA SETTLEMENT 

5 AGREEMENT. 

6 (a) RATIFICATION OF PECHANGA SETTLEMENT

7 AGREEMENT.— 

8 (1) IN GENERAL.—Except as modified by this 

9 subtitle, and to the extent that the Pechanga Settle10 ment Agreement does not conflict with this subtitle, 

11 the Pechanga Settlement Agreement is authorized, 

12 ratified, and confirmed. 

13 (2) AMENDMENTS.—Any amendment to the 

14 Pechanga Settlement Agreement is authorized, rati15 fied, and confirmed, to the extent that the amendment 

16 is executed to make the Pechanga Settlement Agree17 ment consistent with this subtitle. 

18 (b) EXECUTION OF PECHANGA SETTLEMENT AGREE19 MENT.— 

20 (1) IN GENERAL.—To the extent that the 

21 Pechanga Settlement Agreement does not conflict with 

22 this subtitle, the Secretary is directed to and prompt23 ly shall execute— 

24 (A) the Pechanga Settlement Agreement (in25 cluding any exhibit to the Pechanga Settlement 
325 

•S 612 EAH 

1 Agreement requiring the signature of the Sec2 retary); and 

3 (B) any amendment to the Pechanga Settle4 ment Agreement necessary to make the Pechanga 

5 Settlement Agreement consistent with this sub6 title. 

7 (2) MODIFICATIONS.—Nothing in this subtitle 

8 precludes the Secretary from approving modifications 

9 to exhibits to the Pechanga Settlement Agreement not 

10 inconsistent with this subtitle, to the extent those 

11 modifications do not otherwise require congressional 

12 approval pursuant to section 2116 of the Revised 

13 Statutes (25 U.S.C. 177) or other applicable Federal 

14 law. 

15 (c) ENVIRONMENTAL COMPLIANCE.— 

16 (1) IN GENERAL.—In implementing the 

17 Pechanga Settlement Agreement, the Secretary shall 

18 promptly comply with all applicable requirements 

19 of— 

20 (A) the National Environmental Policy Act 

21 of 1969 (42 U.S.C. 4321 et seq.); 

22 (B) the Endangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.); 

24 (C) all other applicable Federal environ25 mental laws; and 
326 

•S 612 EAH 

1 (D) all regulations promulgated under the 

2 laws described in subparagraphs (A) through 

3 (C). 

4 (2) EXECUTION OF THE PECHANGA SETTLEMENT

5 AGREEMENT.— 

6 (A) IN GENERAL.—Execution of the 

7 Pechanga Settlement Agreement by the Secretary 

8 under this section shall not constitute a major 

9 Federal action under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.). 

12 (B) COMPLIANCE.—The Secretary is di13 rected to carry out all Federal compliance nec14 essary to implement the Pechanga Settlement 

15 Agreement. 

16 (3) LEAD AGENCY.—The Bureau of Reclamation 

17 shall be designated as the lead agency with respect to 

18 environmental compliance. 

19 SEC. 3405. TRIBAL WATER RIGHT. 

20 (a) INTENT OF CONGRESS.—It is the intent of Con21 gress to provide to each Allottee benefits that are equal to 

22 or exceed the benefits Allottees possess as of the date of enact23 ment of this Act, taking into consideration— 
327 

•S 612 EAH 

1 (1) the potential risks, cost, and time delay asso2 ciated with litigation that would be resolved by the 

3 Pechanga Settlement Agreement and this subtitle; 

4 (2) the availability of funding under this sub5 title; 

6 (3) the availability of water from the Tribal 

7 Water Right and other water sources as set forth in 

8 the Pechanga Settlement Agreement; and 

9 (4) the applicability of section 7 of the Act of 

10 February 8, 1887 (25 U.S.C. 381), and this subtitle 

11 to protect the interests of Allottees. 

12 (b) CONFIRMATION OF TRIBAL WATER RIGHT.— 

13 (1) IN GENERAL.—A Tribal Water Right of up 

14 to 4,994 acre-feet of water per year that, under nat15 ural conditions, is physically available on the Res16 ervation is confirmed in accordance with the Find17 ings of Fact and Conclusions of Law set forth in In18 terlocutory Judgment No. 41, as affirmed by the 

19 Fallbrook Decree. 

20 (2) USE.—Subject to the terms of the Pechanga 

21 Settlement Agreement, this subtitle, the Fallbrook De22 cree, and applicable Federal law, the Band may use 

23 the Tribal Water Right for any purpose on the Res24 ervation. 
328 

•S 612 EAH 

1 (c) HOLDING IN TRUST.—The Tribal Water Right, as 

2 set forth in subsection (b), shall— 

3 (1) be held in trust by the United States on be4 half of the Band and the Allottees in accordance with 

5 this section; 

6 (2) include the priority dates described in Inter7 locutory Judgment No. 41, as affirmed by the 

8 Fallbrook Decree; and 

9 (3) not be subject to forfeiture or abandonment. 

10 (d) ALLOTTEES.— 

11 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

12 1887.—The provisions of section 7 of the Act of Feb13 ruary 8, 1887 (25 U.S.C. 381), relating to the use of 

14 water for irrigation purposes shall apply to the Trib15 al Water Right. 

16 (2) ENTITLEMENT TO WATER.—Any entitlement 

17 to water of an Allottee under Federal law shall be sat18 isfied from the Tribal Water Right. 

19 (3) ALLOCATIONS.—Allotted land located within 

20 the exterior boundaries of the Reservation shall be en21 titled to a just and equitable allocation of water for 

22 irrigation and domestic purposes from the Tribal 

23 Water Right. 

24 (4) EXHAUSTION OF REMEDIES.—Before assert25 ing any claim against the United States under sec-
329 

•S 612 EAH 

1 tion 7 of the Act of February 8, 1887 (25 U.S.C. 381), 

2 or any other applicable law, an Allottee shall exhaust 

3 remedies available under the Pechanga Water Code or 

4 other applicable tribal law. 

5 (5) CLAIMS.—Following exhaustion of remedies 

6 available under the Pechanga Water Code or other ap7 plicable tribal law, an Allottee may seek relief under 

8 section 7 of the Act of February 8, 1887 (25 U.S.C. 

9 381), or other applicable law. 

10 (6) AUTHORITY.—The Secretary shall have the 

11 authority to protect the rights of Allottees as specified 

12 in this section. 

13 (e) AUTHORITY OF BAND.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Band shall have authority to use, allo16 cate, distribute, and lease the Tribal Water Right on 

17 the Reservation in accordance with— 

18 (A) the Pechanga Settlement Agreement; 

19 and 

20 (B) applicable Federal law. 

21 (2) LEASES BY ALLOTTEES.— 

22 (A) IN GENERAL.—An Allottee may lease 

23 any interest in land held by the Allottee, together 

24 with any water right determined to be appur25 tenant to that interest in land. 
330 

•S 612 EAH 

1 (B) WATER RIGHT APPURTENANT.—Any 

2 water right determined to be appurtenant to an 

3 interest in land leased by an Allottee shall be 

4 used on such land on the Reservation. 

5 (f) PECHANGA WATER CODE.— 

6 (1) IN GENERAL.—Not later than 18 months 

7 after the enforceability date, the Band shall enact a 

8 Pechanga Water Code, that provides for— 

9 (A) the management, regulation, and gov10 ernance of all uses of the Tribal Water Right in 

11 accordance with the Pechanga Settlement Agree12 ment; and 

13 (B) establishment by the Band of condi14 tions, permit requirements, and other limitations 

15 relating to the storage, recovery, and use of the 

16 Tribal Water Right in accordance with the 

17 Pechanga Settlement Agreement. 

18 (2) INCLUSIONS.—Subject to the approval of the 

19 Secretary, the Pechanga Water Code shall provide— 

20 (A) that allocations of water to Allottees 

21 shall be satisfied with water from the Tribal 

22 Water Right; 

23 (B) that charges for delivery of water for ir24 rigation purposes for Allottees shall be assessed 

25 on a just and equitable basis; 
331 

•S 612 EAH 

1 (C) a process by which an Allottee may re2 quest that the Band provide water for irrigation 

3 or domestic purposes in accordance with this 

4 subtitle; 

5 (D) a due process system for the consider6 ation and determination by the Band of any re7 quest by an Allottee (or any successor in interest 

8 to an Allottee) for an allocation of such water for 

9 irrigation or domestic purposes on allotted land, 

10 including a process for— 

11 (i) appeal and adjudication of any de12 nied or disputed distribution of water; and 

13 (ii) resolution of any contested admin14 istrative decision; and 

15 (E) a requirement that any Allottee with a 

16 claim relating to the enforcement of rights of the 

17 Allottee under the Pechanga Water Code or relat18 ing to the amount of water allocated to land of 

19 the Allottee must first exhaust remedies available 

20 to the Allottee under tribal law and the 

21 Pechanga Water Code before initiating an action 

22 against the United States or petitioning the Sec23 retary pursuant to subsection (d)(4). 

24 (3) ACTION BY SECRETARY.— 
332 

•S 612 EAH 

1 (A) IN GENERAL.—The Secretary shall ad2 minister the Tribal Water Right until the 

3 Pechanga Water Code is enacted and approved 

4 under this section. 

5 (B) APPROVAL.—Any provision of the 

6 Pechanga Water Code and any amendment to 

7 the Pechanga Water Code that affects the rights 

8 of Allottees— 

9 (i) shall be subject to the approval of 

10 the Secretary; and 

11 (ii) shall not be valid until approved 

12 by the Secretary. 

13 (C) APPROVAL PERIOD.—The Secretary 

14 shall approve or disapprove the Pechanga Water 

15 Code within a reasonable period of time after the 

16 date on which the Band submits the Pechanga 

17 Water Code to the Secretary for approval. 

18 (g) EFFECT.—Except as otherwise specifically pro19 vided in this section, nothing in this subtitle— 

20 (1) authorizes any action by an Allottee against 

21 any individual or entity, or against the Band, under 

22 Federal, State, tribal, or local law; or 

23 (2) alters or affects the status of any action pur24 suant to section 1491(a) of title 28, United States 

25 Code. 
333 

•S 612 EAH 

1 SEC. 3406. SATISFACTION OF CLAIMS. 

2 (a) IN GENERAL.—The benefits provided to the Band 

3 under the Pechanga Settlement Agreement and this subtitle 

4 shall be in complete replacement of, complete substitution 

5 for, and full satisfaction of all claims of the Band against 

6 the United States that are waived and released pursuant 

7 to section 3407. 

8 (b) ALLOTTEE CLAIMS.—The benefits realized by the 

9 Allottees under this subtitle shall be in complete replacement 

10 of, complete substitution for, and full satisfaction of— 

11 (1) all claims that are waived and released pur12 suant to section 3407; and 

13 (2) any claims of the Allottees against the 

14 United States that the Allottees have or could have as15 serted that are similar in nature to any claim de16 scribed in section 3407. 

17 (c) NO RECOGNITION OF WATER RIGHTS.—Except as 

18 provided in section 3405(d), nothing in this subtitle recog19 nizes or establishes any right of a member of the Band or 

20 an Allottee to water within the Reservation. 

21 (d) CLAIMS RELATING TO DEVELOPMENT OF WATER

22 FOR RESERVATION.— 

23 (1) IN GENERAL.—The amounts authorized to be 

24 appropriated pursuant to section 3411 shall be used 

25 to satisfy any claim of the Allottees against the 
334 

•S 612 EAH 

1 United States with respect to the development or pro2 tection of water resources for the Reservation. 

3 (2) SATISFACTION OF CLAIMS.—Upon the com4 plete appropriation of amounts authorized pursuant 

5 to section 3411, any claim of the Allottees against the 

6 United States with respect to the development or pro7 tection of water resources for the Reservation shall be 

8 deemed to have been satisfied. 

9 SEC. 3407. WAIVER OF CLAIMS. 

10 (a) IN GENERAL.— 

11 (1) WAIVER OF CLAIMS BY THE BAND AND THE

12 UNITED STATES ACTING IN ITS CAPACITY AS TRUSTEE

13 FOR THE BAND.— 

14 (A) IN GENERAL.—Subject to the retention 

15 of rights set forth in subsection (c), in return for 

16 recognition of the Tribal Water Right and other 

17 benefits as set forth in the Pechanga Settlement 

18 Agreement and this subtitle, the Band, and the 

19 United States, acting as trustee for the Band, 

20 are authorized and directed to execute a waiver 

21 and release of all claims for water rights within 

22 the Santa Margarita River Watershed that the 

23 Band, or the United States acting as trustee for 

24 the Band, asserted or could have asserted in any 

25 proceeding, including the Adjudication Pro-
335 

•S 612 EAH 

1 ceeding, except to the extent that such rights are 

2 recognized in the Pechanga Settlement Agree3 ment and this subtitle. 

4 (B) CLAIMS AGAINST RCWD.—Subject to the 

5 retention of rights set forth in subsection (c) and 

6 notwithstanding any provisions to the contrary 

7 in the Pechanga Settlement Agreement, the Band 

8 and the United States, on behalf of the Band and 

9 Allottees, fully release, acquit, and discharge 

10 RCWD from— 

11 (i) claims for injuries to water rights 

12 in the Santa Margarita River Watershed 

13 for land located within the Reservation 

14 arising or occurring at any time up to and 

15 including June 30, 2009; 

16 (ii) claims for injuries to water rights 

17 in the Santa Margarita River Watershed 

18 for land located within the Reservation 

19 arising or occurring at any time after June 

20 30, 2009, resulting from the diversion or use 

21 of water in a manner not in violation of the 

22 Pechanga Settlement Agreement or this sub23 title; 

24 (iii) claims for subsidence damage to 

25 land located within the Reservation arising 
336 

•S 612 EAH 

1 or occurring at any time up to and includ2 ing June 30, 2009; 

3 (iv) claims for subsidence damage aris4 ing or occurring after June 30, 2009, to 

5 land located within the Reservation result6 ing from the diversion of underground 

7 water in a manner consistent with the 

8 Pechanga Settlement Agreement or this sub9 title; and 

10 (v) claims arising out of, or relating in 

11 any manner to, the negotiation or execution 

12 of the Pechanga Settlement Agreement or 

13 the negotiation or execution of this subtitle. 

14 (2) CLAIMS BY THE UNITED STATES ACTING IN

15 ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.—Subject 

16 to the retention of claims set forth in subsection (c), 

17 in return for recognition of the Tribal Water Right 

18 and other benefits as set forth in the Pechanga Settle19 ment Agreement and this subtitle, the United States, 

20 acting as trustee for Allottees, is authorized and di21 rected to execute a waiver and release of all claims for 

22 water rights within the Santa Margarita River Wa23 tershed that the United States, acting as trustee for 

24 the Allottees, asserted or could have asserted in any 

25 proceeding, including the Adjudication Proceeding, 
337 

•S 612 EAH 

1 except to the extent such rights are recognized in the 

2 Pechanga Settlement Agreement and this subtitle. 

3 (3) CLAIMS BY THE BAND AGAINST THE UNITED

4 STATES.—Subject to the retention of rights set forth 

5 in subsection (c), the Band, is authorized to execute 

6 a waiver and release of— 

7 (A) all claims against the United States 

8 (including the agencies and employees of the 

9 United States) relating to claims for water rights 

10 in, or water of, the Santa Margarita River Wa11 tershed that the United States, acting in its ca12 pacity as trustee for the Band, asserted, or could 

13 have asserted, in any proceeding, including the 

14 Adjudication Proceeding, except to the extent 

15 that those rights are recognized in the Pechanga 

16 Settlement Agreement and this subtitle; 

17 (B) all claims against the United States 

18 (including the agencies and employees of the 

19 United States) relating to damages, losses, or in20 juries to water, water rights, land, or natural re21 sources due to loss of water or water rights (in22 cluding damages, losses or injuries to hunting, 

23 fishing, gathering, or cultural rights due to loss 

24 of water or water rights, claims relating to inter25 ference with, diversion, or taking of water or 
338 

•S 612 EAH 

1 water rights, or claims relating to failure to pro2 tect, acquire, replace, or develop water, water 

3 rights, or water infrastructure) in the Santa 

4 Margarita River Watershed that first accrued at 

5 any time up to and including the enforceability 

6 date; 

7 (C) all claims against the United States 

8 (including the agencies and employees of the 

9 United States) relating to the pending litigation 

10 of claims relating to the water rights of the Band 

11 in the Adjudication Proceeding; and 

12 (D) all claims against the United States 

13 (including the agencies and employees of the 

14 United States) relating to the negotiation or exe15 cution of the Pechanga Settlement Agreement or 

16 the negotiation or execution of this subtitle. 

17 (b) EFFECTIVENESS OF WAIVERS AND RELEASES.— 

18 The waivers under subsection (a) shall take effect on the 

19 enforceability date. 

20 (c) RESERVATION OF RIGHTS AND RETENTION OF

21 CLAIMS.—Notwithstanding the waivers and releases author22 ized in this subtitle, the Band, on behalf of itself and the 

23 members of the Band, and the United States, acting in its 

24 capacity as trustee for the Band and Allottees, retain— 
339 

•S 612 EAH 

1 (1) all claims for enforcement of the Pechanga 

2 Settlement Agreement and this subtitle; 

3 (2) all claims against any person or entity other 

4 than the United States and RCWD, including claims 

5 for monetary damages; 

6 (3) all claims for water rights that are outside 

7 the jurisdiction of the Adjudication Court; 

8 (4) all rights to use and protect water rights ac9 quired on or after the enforceability date; and 

10 (5) all remedies, privileges, immunities, powers, 

11 and claims, including claims for water rights, not 

12 specifically waived and released pursuant to this sub13 title and the Pechanga Settlement Agreement. 

14 (d) EFFECT OF PECHANGA SETTLEMENT AGREEMENT

15 AND ACT.—Nothing in the Pechanga Settlement Agreement 

16 or this subtitle— 

17 (1) affects the ability of the United States, acting 

18 as a sovereign, to take actions authorized by law, in19 cluding any laws relating to health, safety, or the en20 vironment, including— 

21 (A) the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 

23 (42 U.S.C. 9601 et seq.); 

24 (B) the Safe Drinking Water Act (42 U.S.C. 

25 300f et seq.); 
340 

•S 612 EAH 

1 (C) the Federal Water Pollution Control Act 

2 (33 U.S.C. 1251 et seq.); and 

3 (D) any regulations implementing the Acts 

4 described in subparagraphs (A) through (C); 

5 (2) affects the ability of the United States to take 

6 actions acting as trustee for any other Indian tribe 

7 or an Allottee of any other Indian tribe; 

8 (3) confers jurisdiction on any State court— 

9 (A) to interpret Federal law regarding 

10 health, safety, or the environment; 

11 (B) to determine the duties of the United 

12 States or other parties pursuant to Federal law 

13 regarding health, safety, or the environment; or 

14 (C) to conduct judicial review of Federal 

15 agency action; 

16 (4) waives any claim of a member of the Band 

17 in an individual capacity that does not derive from 

18 a right of the Band; 

19 (5) limits any funding that RCWD would other20 wise be authorized to receive under any Federal law, 

21 including, the Reclamation Wastewater and Ground22 water Study and Facilities Act (43 U.S.C. 390h et 

23 seq.) as that Act applies to permanent facilities for 

24 water recycling, demineralization, and desalination, 
341 

•S 612 EAH 

1 and distribution of nonpotable water supplies in 

2 Southern Riverside County, California; 

3 (6) characterizes any amounts received by 

4 RCWD under the Pechanga Settlement Agreement or 

5 this subtitle as Federal for purposes of section 1649 

6 of the Reclamation Wastewater and Groundwater 

7 Study and Facilities Act (43 U.S.C. 390h–32); or 

8 (7) affects the requirement of any party to the 

9 Pechanga Settlement Agreement or any of the exhibits 

10 to the Pechanga Settlement Agreement to comply with 

11 the National Environmental Policy Act of 1969 (42 

12 U.S.C. 4321 et seq.) or the California Environmental 

13 Quality Act (Cal. Pub. Res. Code 21000 et seq.) prior 

14 to performing the respective obligations of that party 

15 under the Pechanga Settlement Agreement or any of 

16 the exhibits to the Pechanga Settlement Agreement. 

17 (e) ENFORCEABILITY DATE.—The enforceability date 

18 shall be the date on which the Secretary publishes in the 

19 Federal Register a statement of findings that— 

20 (1) the Adjudication Court has approved and en21 tered a judgment and decree approving the Pechanga 

22 Settlement Agreement in substantially the same form 

23 as Appendix 2 to the Pechanga Settlement Agreement; 

24 (2) all amounts authorized by this subtitle have 

25 been deposited in the Fund; 
342 

•S 612 EAH 

1 (3) the waivers and releases authorized in sub2 section (a) have been executed by the Band and the 

3 Secretary; 

4 (4) the Extension of Service Area Agreement— 

5 (A) has been approved and executed by all 

6 the parties to the Extension of Service Area 

7 Agreement; and 

8 (B) is effective and enforceable in accord9 ance with the terms of the Extension of Service 

10 Area Agreement; and 

11 (5) the ESAA Water Delivery Agreement— 

12 (A) has been approved and executed by all 

13 the parties to the ESAA Water Delivery Agree14 ment; and 

15 (B) is effective and enforceable in accord16 ance with the terms of the ESAA Water Delivery 

17 Agreement. 

18 (f) TOLLING OF CLAIMS.— 

19 (1) IN GENERAL.—Each applicable period of 

20 limitation and time-based equitable defense relating 

21 to a claim described in this section shall be tolled for 

22 the period beginning on the date of enactment of this 

23 Act and ending on the earlier of— 
343 

•S 612 EAH 

1 (A) April 30, 2030, or such alternate date 

2 after April 30, 2030, as is agreed to by the Band 

3 and the Secretary; or 

4 (B) the enforceability date. 

5 (2) EFFECTS OF SUBSECTION.—Nothing in this 

6 subsection revives any claim or tolls any period of 

7 limitation or time-based equitable defense that ex8 pired before the date of enactment of this Act. 

9 (3) LIMITATION.—Nothing in this section pre10 cludes the tolling of any period of limitations or any 

11 time-based equitable defense under any other applica12 ble law. 

13 (g) TERMINATION.— 

14 (1) IN GENERAL.—If all of the amounts author15 ized to be appropriated to the Secretary pursuant to 

16 this subtitle have not been made available to the Sec17 retary by April 30, 2030— 

18 (A) the waivers authorized by this section 

19 shall expire and have no force or effect; and 

20 (B) all statutes of limitations applicable to 

21 any claim otherwise waived under this section 

22 shall be tolled until April 30, 2030. 

23 (2) VOIDING OF WAIVERS.—If a waiver author24 ized by this section is void under paragraph (1)— 
344 

•S 612 EAH 

1 (A) the approval of the United States of the 

2 Pechanga Settlement Agreement under section 

3 3404 shall be void and have no further force or 

4 effect; 

5 (B) any unexpended Federal amounts ap6 propriated or made available to carry out this 

7 subtitle, together with any interest earned on 

8 those amounts, and any water rights or contracts 

9 to use water and title to other property acquired 

10 or constructed with Federal amounts appro11 priated or made available to carry out this sub12 title shall be returned to the Federal Government, 

13 unless otherwise agreed to by the Band and the 

14 United States and approved by Congress; and 

15 (C) except for Federal amounts used to ac16 quire or develop property that is returned to the 

17 Federal Government under subparagraph (B), 

18 the United States shall be entitled to set off any 

19 Federal amounts appropriated or made available 

20 to carry out this subtitle that were expended or 

21 withdrawn, together with any interest accrued, 

22 against any claims against the United States re23 lating to water rights asserted by the Band or 

24 Allottees in any future settlement of the water 

25 rights of the Band or Allottees. 
345 

•S 612 EAH 

1 SEC. 3408. WATER FACILITIES. 

2 (a) IN GENERAL.—The Secretary shall, subject to the 

3 availability of appropriations, using amounts from the des4 ignated accounts of the Fund, provide the amounts nec5 essary to fulfill the obligations of the Band under the Recy6 cled Water Infrastructure Agreement and the ESAA Capac7 ity Agreement, in an amount not to exceed the amounts 

8 deposited in the designated accounts for such purposes plus 

9 any interest accrued on such amounts from the date of de10 posit in the Fund to the date of disbursement from the 

11 Fund, in accordance with this subtitle and the terms and 

12 conditions of those agreements. 

13 (b) NONREIMBURSABILITY OF COSTS.—All costs in14 curred by the Secretary in carrying out this section shall 

15 be nonreimbursable. 

16 (c) RECYCLED WATER INFRASTRUCTURE.— 

17 (1) IN GENERAL.—The Secretary shall, using 

18 amounts from the Pechanga Recycled Water Infra19 structure account, provide amounts for the Storage 

20 Pond in accordance with this section. 

21 (2) STORAGE POND.— 

22 (A) IN GENERAL.—The Secretary shall, sub23 ject to the availability of appropriations, using 

24 amounts from the Pechanga Recycled Water In25 frastructure account provide the amounts nec26 essary for a Storage Pond in accordance with the 
346 

•S 612 EAH 

1 Recycled Water Infrastructure Agreement, in an 

2 amount not to exceed $2,656,374. 

3 (B) PROCEDURE.—The procedure for the 

4 Secretary to provide amounts pursuant to this 

5 section shall be as set forth in the Recycled 

6 Water Infrastructure Agreement. 

7 (C) LIABILITY.—The United States shall 

8 have no responsibility or liability for the Storage 

9 Pond. 

10 (d) ESAA DELIVERY CAPACITY.— 

11 (1) IN GENERAL.—The Secretary shall, using 

12 amounts from the Pechanga ESAA Delivery Capacity 

13 account, provide amounts for Interim Capacity and 

14 Permanent Capacity in accordance with this section. 

15 (2) INTERIM CAPACITY.— 

16 (A) IN GENERAL.—The Secretary shall, sub17 ject to the availability of appropriations, using 

18 amounts from the ESAA Delivery Capacity ac19 count, provide amounts necessary for the provi20 sion of Interim Capacity in accordance with the 

21 ESAA Capacity Agreement in an amount not to 

22 exceed $1,000,000. 

23 (B) PROCEDURE.—The procedure for the 

24 Secretary to provide amounts pursuant to this 
347 

•S 612 EAH 

1 section shall be as set forth in the ESAA Capac2 ity Agreement. 

3 (C) LIABILITY.—The United States shall 

4 have no responsibility or liability for the Interim 

5 Capacity to be provided by RCWD or by the 

6 Band. 

7 (D) TRANSFER TO BAND.—If RCWD does 

8 not provide the Interim Capacity Notice required 

9 pursuant to the ESAA Capacity Agreement by 

10 the date that is 60 days after the date required 

11 under the ESAA Capacity Agreement, the 

12 amounts in the Pechanga ESAA Delivery Capac13 ity account for purposes of the provision of In14 terim Capacity and Permanent Capacity, in15 cluding any interest that has accrued on those 

16 amounts, shall be available for use by the Band 

17 to provide alternative interim capacity in a 

18 manner that is similar to the Interim Capacity 

19 and Permanent Capacity that the Band would 

20 have received had RCWD provided such Interim 

21 Capacity and Permanent Capacity. 

22 (3) PERMANENT CAPACITY.— 

23 (A) IN GENERAL.—The Secretary shall, sub24 ject to the availability of appropriations, using 

25 amounts from the ESAA Delivery Capacity ac-
348 

•S 612 EAH 

1 count, provide amounts necessary for the provi2 sion of Permanent Capacity in accordance with 

3 the ESAA Capacity Agreement. 

4 (B) PROCEDURE.—The procedure for the 

5 Secretary to provide funds pursuant to this sec6 tion shall be as set forth in the ESAA Capacity 

7 Agreement. 

8 (C) LIABILITY.—The United States shall 

9 have no responsibility or liability for the Perma10 nent Capacity to be provided by RCWD or by 

11 the Band. 

12 (D) TRANSFER TO BAND.—If RCWD does 

13 not provide the Permanent Capacity Notice re14 quired pursuant to the ESAA Capacity Agree15 ment by the date that is 5 years after the en16 forceability date, the amounts in the Pechanga 

17 ESAA Delivery Capacity account for purposes of 

18 the provision of Permanent Capacity, including 

19 any interest that has accrued on those amounts, 

20 shall be available for use by the Band to provide 

21 alternative Permanent Capacity in a manner 

22 that is similar to the Permanent Capacity that 

23 the Band would have received had RCWD pro24 vided such Permanent Capacity. 
349 

•S 612 EAH 

1 SEC. 3409. PECHANGA SETTLEMENT FUND. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Treasury of the United States a fund to be known as the 

4 ‘‘Pechanga Settlement Fund’’, to be managed, invested, and 

5 distributed by the Secretary and to be available until ex6 pended, and, together with any interest earned on those 

7 amounts, to be used solely for the purpose of carrying out 

8 this subtitle. 

9 (b) TRANSFERS TO FUND.—The Fund shall consist of 

10 such amounts as are deposited in the Fund under section 

11 3411(a) of this subtitle, together with any interest earned 

12 on those amounts, which shall be available in accordance 

13 with subsection (e). 

14 (c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.— 

15 The Secretary shall establish in the Fund the following ac16 counts: 

17 (1) Pechanga Recycled Water Infrastructure ac18 count, consisting of amounts authorized pursuant to 

19 section 3411(a)(1). 

20 (2) Pechanga ESAA Delivery Capacity account, 

21 consisting of amounts authorized pursuant to section 

22 3411(a)(2). 

23 (3) Pechanga Water Fund account, consisting of 

24 amounts authorized pursuant to section 3411(a)(3). 

25 (4) Pechanga Water Quality account, consisting 

26 of amounts authorized pursuant to section 3411(a)(4). 
350 

•S 612 EAH 

1 (d) MANAGEMENT OF FUND.—The Secretary shall 

2 manage, invest, and distribute all amounts in the Fund in 

3 a manner that is consistent with the investment authority 

4 of the Secretary under— 

5 (1) the first section of the Act of June 24, 1938 

6 (25 U.S.C. 162a); 

7 (2) the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

9 and 

10 (3) this section. 

11 (e) AVAILABILITY OF AMOUNTS.—Amounts appro12 priated to, and deposited in, the Fund, including any in13 vestment earnings accrued from the date of deposit in the 

14 Fund through the date of disbursement from the Fund, shall 

15 be made available to the Band by the Secretary beginning 

16 on the enforceability date. 

17 (f) WITHDRAWALS BY BAND PURSUANT TO THE AMER18 ICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT.— 

19 (1) IN GENERAL.—The Band may withdraw all 

20 or part of the amounts in the Fund on approval by 

21 the Secretary of a tribal management plan submitted 

22 by the Band in accordance with the American Indian 

23 Trust Fund Management Reform Act of 1994 (25 

24 U.S.C. 4001 et seq.). 

25 (2) REQUIREMENTS.— 
351 

•S 612 EAH 

1 (A) IN GENERAL.—In addition to the re2 quirements under the American Indian Trust 

3 Fund Management Reform Act of 1994 (25 

4 U.S.C. 4001 et seq.), the tribal management plan 

5 under paragraph (1) shall require that the Band 

6 shall spend all amounts withdrawn from the 

7 Fund in accordance with this subtitle. 

8 (B) ENFORCEMENT.—The Secretary may 

9 carry out such judicial or administrative actions 

10 as the Secretary determines to be necessary to 

11 enforce the tribal management plan to ensure 

12 that amounts withdrawn by the Band from the 

13 Fund under this subsection are used in accord14 ance with this subtitle. 

15 (g) WITHDRAWALS BY BAND PURSUANT TO AN EX16 PENDITURE PLAN.— 

17 (1) IN GENERAL.—The Band may submit an ex18 penditure plan for approval by the Secretary request19 ing that all or part of the amounts in the Fund be 

20 disbursed in accordance with the plan. 

21 (2) REQUIREMENTS.—The expenditure plan 

22 under paragraph (1) shall include a description of the 

23 manner and purpose for which the amounts proposed 

24 to be disbursed from the Fund will be used, in accord25 ance with subsection (h). 
352 

•S 612 EAH 

1 (3) APPROVAL.—If the Secretary determines that 

2 an expenditure plan submitted under this subsection 

3 is consistent with the purposes of this subtitle, the 

4 Secretary shall approve the plan. 

5 (4) ENFORCEMENT.—The Secretary may carry 

6 out such judicial or administrative actions as the Sec7 retary determines necessary to enforce an expenditure 

8 plan to ensure that amounts disbursed under this sub9 section are used in accordance with this subtitle. 

10 (h) USES.—Amounts from the Fund shall be used by 

11 the Band for the following purposes: 

12 (1) PECHANGA RECYCLED WATER INFRASTRUC13 TURE ACCOUNT.—The Pechanga Recycled Water In14 frastructure account shall be used for expenditures by 

15 the Band in accordance with section 3408(c). 

16 (2) PECHANGA ESAA DELIVERY CAPACITY AC17 COUNT.—The Pechanga ESAA Delivery Capacity ac18 count shall be used for expenditures by the Band in 

19 accordance with section 3408(d). 

20 (3) PECHANGA WATER FUND ACCOUNT.—The 

21 Pechanga Water Fund account shall be used for— 

22 (A) payment of the EMWD Connection Fee; 

23 (B) payment of the MWD Connection Fee; 

24 and 
353 

•S 612 EAH 

1 (C) any expenses, charges, or fees incurred 

2 by the Band in connection with the delivery or 

3 use of water pursuant to the Pechanga Settle4 ment Agreement. 

5 (4) PECHANGA WATER QUALITY ACCOUNT.—The 

6 Pechanga Water Quality account shall be used by the 

7 Band to fund groundwater desalination activities 

8 within the Wolf Valley Basin. 

9 (i) LIABILITY.—The Secretary and the Secretary of the 

10 Treasury shall not be liable for the expenditure of, or the 

11 investment of any amounts withdrawn from, the Fund by 

12 the Band under subsection (f) or (g). 

13 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

14 the Fund shall be distributed on a per capita basis to any 

15 member of the Band. 

16 SEC. 3410. MISCELLANEOUS PROVISIONS. 

17 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE UNITED

18 STATES.—Except as provided in subsections (a) through (c) 

19 of section 208 of the Department of Justice Appropriation 

20 Act, 1953 (43 U.S.C. 666), nothing in this subtitle waives 

21 the sovereign immunity of the United States. 

22 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

23 Nothing in this subtitle quantifies or diminishes any land 

24 or water right, or any claim or entitlement to land or 
354 

•S 612 EAH 

1 water, of an Indian tribe, band, or community other than 

2 the Band. 

3 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

4 With respect to Indian land within the Reservation— 

5 (1) the United States shall not submit against 

6 any Indian-owned land located within the Reserva7 tion any claim for reimbursement of the cost to the 

8 United States of carrying out this subtitle and the 

9 Pechanga Settlement Agreement; and 

10 (2) no assessment of any Indian-owned land lo11 cated within the Reservation shall be made regarding 

12 that cost. 

13 (d) EFFECT ON CURRENT LAW.—Nothing in this sec14 tion affects any provision of law (including regulations) in 

15 effect on the day before the date of enactment of this Act 

16 with respect to preenforcement review of any Federal envi17 ronmental enforcement action. 

18 SEC. 3411. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) PECHANGA RECYCLED WATER INFRASTRUC21 TURE ACCOUNT.—There is authorized to be appro22 priated $2,656,374, for deposit in the Pechanga Recy23 cled Water Infrastructure account, to carry out the 

24 activities described in section 3408(c). 
355 

•S 612 EAH 

1 (2) PECHANGA ESAA DELIVERY CAPACITY AC2 COUNT.—There is authorized to be appropriated 

3 $17,900,000, for deposit in the Pechanga ESAA De4 livery Capacity account, which amount shall be ad5 justed for changes in construction costs since June 30, 

6 2009, as is indicated by ENR Construction Cost 

7 Index, 20-City Average, as applicable to the types of 

8 construction required for the Band to provide the in9 frastructure necessary for the Band to provide the In10 terim Capacity and Permanent Capacity in the event 

11 that RCWD elects not to provide the Interim Capac12 ity or Permanent Capacity as set forth in the ESAA 

13 Capacity Agreement and contemplated in sections 

14 3408(d)(2)(D) and 3408(d)(3)(D) of this subtitle, 

15 with such adjustment ending on the date on which 

16 funds authorized to be appropriated under this sec17 tion have been deposited in the Fund. 

18 (3) PECHANGA WATER FUND ACCOUNT.—There is 

19 authorized to be appropriated $5,483,653, for deposit 

20 in the Pechanga Water Fund account, which amount 

21 shall be adjusted for changes in appropriate cost indi22 ces since June 30, 2009, with such adjustment ending 

23 on the date of deposit in the Fund, for the purposes 

24 set forth in section 3409(h)(3). 
356 

•S 612 EAH 

1 (4) PECHANGA WATER QUALITY ACCOUNT.— 

2 There is authorized to be appropriated $2,460,000, for 

3 deposit in the Pechanga Water Quality account, 

4 which amount shall be adjusted for changes in appro5 priate cost indices since June 30, 2009, with such ad6 justment ending on the date of deposit in the Fund, 

7 for the purposes set forth in section 3409(h)(4). 

8 SEC. 3412. EXPIRATION ON FAILURE OF ENFORCEABILITY 

9 DATE. 

10 If the Secretary does not publish a statement of find11 ings under section 3407(e) by April 30, 2021, or such alter12 native later date as is agreed to by the Band and the Sec13 retary, as applicable— 

14 (1) this subtitle expires on the later of May 1, 

15 2021, or the day after the alternative date agreed to 

16 by the Band and the Secretary; 

17 (2) any action taken by the Secretary and any 

18 contract or agreement pursuant to the authority pro19 vided under any provision of this subtitle shall be 

20 void; 

21 (3) any amounts appropriated under section 

22 3411, together with any interest on those amounts, 

23 shall immediately revert to the general fund of the 

24 Treasury; and 
357 

•S 612 EAH 

1 (4) any amounts made available under section 

2 3411 that remain unexpended shall immediately re3 vert to the general fund of the Treasury. 

4 SEC. 3413. ANTIDEFICIENCY. 

5 (a) IN GENERAL.—Notwithstanding any authorization 

6 of appropriations to carry out this subtitle, the expenditure 

7 or advance of any funds, and the performance of any obliga8 tion by the Department in any capacity, pursuant to this 

9 subtitle shall be contingent on the appropriation of funds 

10 for that expenditure, advance, or performance. 

11 (b) LIABILITY.—The Department of the Interior shall 

12 not be liable for the failure to carry out any obligation or 

13 activity authorized by this subtitle if adequate appropria14 tions are not provided to carry out this subtitle. 

15 Subtitle E—Delaware River Basin 

16 Conservation 

17 SEC. 3501. FINDINGS. 

18 Congress finds that— 

19 (1) the Delaware River Basin is a national 

20 treasure of great cultural, environmental, ecological, 

21 and economic importance; 

22 (2) the Basin contains over 12,500 square miles 

23 of land in the States of Delaware, New Jersey, New 

24 York, and Pennsylvania, including nearly 800 square 
358 

•S 612 EAH 

1 miles of bay and more than 2,000 tributary rivers 

2 and streams; 

3 (3) the Basin is home to more than 8,000,000 

4 people who depend on the Delaware River and the 

5 Delaware Bay as an economic engine, a place of 

6 recreation, and a vital habitat for fish and wildlife; 

7 (4) the Basin provides clean drinking water to 

8 more than 15,000,000 people, including New York 

9 City, which relies on the Basin for approximately 

10 half of the drinking water supply of the city, and 

11 Philadelphia, whose most significant threat to the 

12 drinking water supply of the city is loss of forests and 

13 other natural cover in the Upper Basin, according to 

14 a study conducted by the Philadelphia Water Depart15 ment; 

16 (5) the Basin contributes $25,000,000,000 annu17 ally in economic activity, provides $21,000,000,000 

18 in ecosystem goods and services per year, and is di19 rectly or indirectly responsible for 600,000 jobs with 

20 $10,000,000,000 in annual wages; 

21 (6) almost 180 species of fish and wildlife are 

22 considered special status species in the Basin due to 

23 habitat loss and degradation, particularly sturgeon, 

24 eastern oyster, horseshoe crabs, and red knots, which 
359 

•S 612 EAH 

1 have been identified as unique species in need of habi2 tat improvement; 

3 (7) the Basin provides habitat for over 200 resi4 dent and migrant fish species, includes significant 

5 recreational fisheries, and is an important source of 

6 eastern oyster, blue crab, and the largest population 

7 of the American horseshoe crab; 

8 (8) the annual dockside value of commercial 

9 eastern oyster fishery landings for the Delaware Estu10 ary is nearly $4,000,000, making it the fourth most 

11 lucrative fishery in the Delaware River Basin water12 shed, and proven management strategies are available 

13 to increase oyster habitat, abundance, and harvest; 

14 (9) the Delaware Bay has the second largest con15 centration of shorebirds in North America and is des16 ignated as one of the 4 most important shorebird mi17 gration sites in the world; 

18 (10) the Basin, 50 percent of which is forested, 

19 also has over 700,000 acres of wetland, more than 

20 126,000 acres of which are recognized as internation21 ally important, resulting in a landscape that provides 

22 essential ecosystem services, including recreation, 

23 commercial, and water quality benefits; 

24 (11) much of the remaining exemplary natural 

25 landscape in the Basin is vulnerable to further deg-
360 

•S 612 EAH 

1 radation, as the Basin gains approximately 10 square 

2 miles of developed land annually, and with new devel3 opment, urban watersheds are increasingly covered by 

4 impervious surfaces, amplifying the quantity of pol5 luted runoff into rivers and streams; 

6 (12) the Delaware River is the longest 

7 undammed river east of the Mississippi; a critical 

8 component of the National Wild and Scenic Rivers 

9 System in the Northeast, with more than 400 miles 

10 designated; home to one of the most heavily visited 

11 National Park units in the United States, the Dela12 ware Water Gap National Recreation Area; and the 

13 location of 6 National Wildlife Refuges; 

14 (13) the Delaware River supports an inter15 nationally renowned cold water fishery in more than 

16 80 miles of its northern headwaters that attracts tens 

17 of thousands of visitors each year and generates over 

18 $21,000,000 in annual revenue through tourism and 

19 recreational activities; 

20 (14) management of water volume in the Basin 

21 is critical to flood mitigation and habitat for fish and 

22 wildlife, and following 3 major floods along the Dela23 ware River since 2004, the Governors of the States of 

24 Delaware, New Jersey, New York, and Pennsylvania 

25 have called for natural flood damage reduction meas-
361 

•S 612 EAH 

1 ures to combat the problem, including restoring the 

2 function of riparian corridors; 

3 (15) the Delaware River Port Complex (includ4 ing docking facilities in the States of Delaware, New 

5 Jersey, and Pennsylvania) is one of the largest fresh6 water ports in the world, the Port of Philadelphia 

7 handles the largest volume of international tonnage 

8 and 70 percent of the oil shipped to the East Coast, 

9 and the Port of Wilmington, a full-service deepwater 

10 port and marine terminal supporting more than 

11 12,000 jobs, is the busiest terminal on the Delaware 

12 River, handling more than 400 vessels per year with 

13 an annual import/export cargo tonnage of more than 

14 4,000,000 tons; 

15 (16) the Delaware Estuary, where freshwater 

16 from the Delaware River mixes with saltwater from 

17 the Atlantic Ocean, is one of the largest and most 

18 complex of the 28 estuaries in the National Estuary 

19 Program, and the Partnership for the Delaware Estu20 ary works to improve the environmental health of the 

21 Delaware Estuary; 

22 (17) the Delaware River Basin Commission is a 

23 Federal-interstate compact government agency 

24 charged with overseeing a unified approach to man25 aging the river system and implementing important 
362 

•S 612 EAH 

1 water resources management projects and activities 

2 throughout the Basin that are in the national inter3 est; 

4 (18) restoration activities in the Basin are sup5 ported through several Federal and State agency pro6 grams, and funding for those important programs 

7 should continue and complement the establishment of 

8 the Delaware River Basin Restoration Program, 

9 which is intended to build on and help coordinate res10 toration and protection funding mechanisms at the 

11 Federal, State, regional, and local levels; and 

12 (19) the existing and ongoing voluntary con13 servation efforts in the Delaware River Basin neces14 sitate improved efficiency and cost effectiveness, as 

15 well as increased private-sector investments and co16 ordination of Federal and non-Federal resources. 

17 SEC. 3502. DEFINITIONS. 

18 In this subtitle: 

19 (1) BASIN.—The term ‘‘Basin’’ means the 4- 

20 State Delaware Basin region, including all of Dela21 ware Bay and portions of the States of Delaware, 

22 New Jersey, New York, and Pennsylvania located in 

23 the Delaware River watershed. 
363 

•S 612 EAH 

1 (2) BASIN STATE.—The term ‘‘Basin State’’ 

2 means each of the States of Delaware, New Jersey, 

3 New York, and Pennsylvania. 

4 (3) DIRECTOR.—The term ‘‘Director’’ means the 

5 Director of the United States Fish and Wildlife Serv6 ice. 

7 (4) GRANT PROGRAM.—The term ‘‘grant pro8 gram’’ means the voluntary Delaware River Basin 

9 Restoration Grant Program established under section 

10 3504. 

11 (5) PROGRAM.—The term ‘‘program’’ means the 

12 nonregulatory Delaware River Basin restoration pro13 gram established under section 3503. 

14 (6) RESTORATION AND PROTECTION.—The term 

15 ‘‘restoration and protection’’ means the conservation, 

16 stewardship, and enhancement of habitat for fish and 

17 wildlife to preserve and improve ecosystems and eco18 logical processes on which they depend, and for use 

19 and enjoyment by the public. 

20 (7) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior, acting through the Di22 rector. 

23 (8) SERVICE.—The term ‘‘Service’’ means the 

24 United States Fish and Wildlife Service. 
364 

•S 612 EAH 

1 SEC. 3503. PROGRAM ESTABLISHMENT. 

2 (a) ESTABLISHMENT.—Not later than 180 days after 

3 the date of enactment of this Act, the Secretary shall estab4 lish a nonregulatory program to be known as the ‘‘Delaware 

5 River Basin restoration program’’. 

6 (b) DUTIES.—In carrying out the program, the Sec7 retary shall— 

8 (1) draw on existing plans for the Basin, or por9 tions of the Basin, and work in consultation with ap10 plicable management entities, including representa11 tives of the Partnership for the Delaware Estuary, the 

12 Delaware River Basin Commission, the Federal Gov13 ernment, and other State and local governments, and 

14 regional organizations, as appropriate, to identify, 

15 prioritize, and implement restoration and protection 

16 activities within the Basin; 

17 (2) adopt a Basinwide strategy that— 

18 (A) supports the implementation of a 

19 shared set of science-based restoration and pro20 tection activities developed in accordance with 

21 paragraph (1); 

22 (B) targets cost-effective projects with meas23 urable results; and 

24 (C) maximizes conservation outcomes with 

25 no net gain of Federal full-time equivalent em26 ployees; and 
365 

•S 612 EAH 

1 (3) establish the voluntary grant and technical 

2 assistance programs in accordance with section 3504. 

3 (c) COORDINATION.—In establishing the program, the 

4 Secretary shall consult, as appropriate, with— 

5 (1) the heads of Federal agencies, including— 

6 (A) the Administrator of the Environmental 

7 Protection Agency; 

8 (B) the Administrator of the National Oce9 anic and Atmospheric Administration; 

10 (C) the Chief of the Natural Resources Con11 servation Service; 

12 (D) the Chief of Engineers; and 

13 (E) the head of any other applicable agency; 

14 (2) the Governors of the Basin States; 

15 (3) the Partnership for the Delaware Estuary; 

16 (4) the Delaware River Basin Commission; 

17 (5) fish and wildlife joint venture partnerships; 

18 and 

19 (6) other public agencies and organizations with 

20 authority for the planning and implementation of 

21 conservation strategies in the Basin. 

22 (d) PURPOSES.—The purposes of the program in23 clude— 

24 (1) coordinating restoration and protection ac25 tivities among Federal, State, local, and regional en-
366 

•S 612 EAH 

1 tities and conservation partners throughout the 

2 Basin; and 

3 (2) carrying out coordinated restoration and 

4 protection activities, and providing for technical as5 sistance throughout the Basin and Basin States— 

6 (A) to sustain and enhance fish and wildlife 

7 habitat restoration and protection activities; 

8 (B) to improve and maintain water quality 

9 to support fish and wildlife, as well as the habi10 tats of fish and wildlife, and drinking water for 

11 people; 

12 (C) to sustain and enhance water manage13 ment for volume and flood damage mitigation 

14 improvements to benefit fish and wildlife habi15 tat; 

16 (D) to improve opportunities for public ac17 cess and recreation in the Basin consistent with 

18 the ecological needs of fish and wildlife habitat; 

19 (E) to facilitate strategic planning to maxi20 mize the resilience of natural systems and habi21 tats under changing watershed conditions; 

22 (F) to engage the public through outreach, 

23 education, and citizen involvement, to increase 

24 capacity and support for coordinated restoration 

25 and protection activities in the Basin; 
367 

•S 612 EAH 

1 (G) to increase scientific capacity to sup2 port the planning, monitoring, and research ac3 tivities necessary to carry out coordinated res4 toration and protection activities; and 

5 (H) to provide technical assistance to carry 

6 out restoration and protection activities in the 

7 Basin. 

8 SEC. 3504. GRANTS AND ASSISTANCE. 

9 (a) DELAWARE RIVER BASIN RESTORATION GRANT

10 PROGRAM.—To the extent that funds are available to carry 

11 out this section, the Secretary shall establish a voluntary 

12 grant and technical assistance program to be known as the 

13 ‘‘Delaware River Basin Restoration Grant Program’’ to 

14 provide competitive matching grants of varying amounts 

15 to State and local governments, nonprofit organizations, in16 stitutions of higher education, and other eligible entities to 

17 carry out activities described in section 3503(d). 

18 (b) CRITERIA.—The Secretary, in consultation with 

19 the organizations described in section 3503(c), shall develop 

20 criteria for the grant program to help ensure that activities 

21 funded under this section accomplish one or more of the 

22 purposes identified in section 3503(d)(2) and advance the 

23 implementation of priority actions or needs identified in 

24 the Basinwide strategy adopted under section 3503(b)(2). 

25 (c) COST SHARING.— 
368 

•S 612 EAH 

1 (1) FEDERAL SHARE.—The Federal share of the 

2 cost of a project funded under the grant program shall 

3 not exceed 50 percent of the total cost of the activity, 

4 as determined by the Secretary. 

5 (2) NON-FEDERAL SHARE.—The non-Federal 

6 share of the cost of a project funded under the grant 

7 program may be provided in cash or in the form of 

8 an in-kind contribution of services or materials. 

9 SEC. 3505. ANNUAL LETTER. 

10 Not later than 180 days after the date of enactment 

11 of this Act and annually thereafter, the Secretary shall sub12 mit to Congress a detailed letter on the implementation of 

13 this subtitle, including a description of each project that 

14 has received funding under this subtitle. 

15 SEC. 3506. PROHIBITION ON USE OF FUNDS FOR FEDERAL 

16 ACQUISITION OF INTERESTS IN LAND. 

17 No funds may be appropriated or used under this sub18 title for acquisition by the Federal Government of any in19 terest in land. 

20 SEC. 3507. SUNSET. 

21 This subtitle shall have no force or effect after Sep22 tember 30, 2023. 
369 

•S 612 EAH 

1 Subtitle F—Miscellaneous 

2 Provisions 

3 SEC. 3601. BUREAU OF RECLAMATION DAKOTAS AREA OF4 FICE PERMIT FEES FOR CABINS AND TRAIL5 ERS. 

6 During the period ending 5 years after the date of en7 actment of this Act, the Secretary of the Interior shall not 

8 increase the permit fee for a cabin or trailer on land in 

9 the State of North Dakota administered by the Dakotas 

10 Area Office of the Bureau of Reclamation by more than 33 

11 percent of the permit fee that was in effect on January 1, 

12 2016. 

13 SEC. 3602. USE OF TRAILER HOMES AT HEART BUTTE DAM 

14 AND RESERVOIR (LAKE TSCHIDA). 

15 (a) DEFINITIONS.—In this section: 

16 (1) ADDITION.—The term ‘‘addition’’ means any 

17 enclosed structure added onto the structure of a trailer 

18 home that increases the living area of the trailer 

19 home. 

20 (2) CAMPER OR RECREATIONAL VEHICLE.—The 

21 term ‘‘camper or recreational vehicle’’ includes— 

22 (A) a camper, motorhome, trailer camper, 

23 bumper hitch camper, fifth wheel camper, or 

24 equivalent mobile shelter; and 

25 (B) a recreational vehicle. 
370 

•S 612 EAH 

1 (3) IMMEDIATE FAMILY.—The term ‘‘immediate 

2 family’’ means a spouse, grandparent, parent, sibling, 

3 child, or grandchild. 

4 (4) PERMIT.—The term ‘‘permit’’ means a per5 mit issued by the Secretary authorizing the use of a 

6 lot in a trailer area. 

7 (5) PERMIT YEAR.—The term ‘‘permit year’’ 

8 means the period beginning on April 1 of a calendar 

9 year and ending on March 31 of the following cal10 endar year. 

11 (6) PERMITTEE.—The term ‘‘permittee’’ means a 

12 person holding a permit. 

13 (7) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior, acting through the Com15 missioner of Reclamation. 

16 (8) TRAILER AREA.—The term ‘‘trailer area’’ 

17 means any of the following areas at Heart Butte Dam 

18 and Reservoir (Lake Tschida) (as described in the 

19 document of the Bureau of Reclamation entitled 

20 ‘‘Heart Butte Reservoir Resource Management Plan’’ 

21 (March 2008)): 

22 (A) Trailer Area 1 and 2, also known as 

23 Management Unit 034. 

24 (B) Southside Trailer Area, also known as 

25 Management Unit 014. 
371 

•S 612 EAH 

1 (9) TRAILER HOME.—The term ‘‘trailer home’’ 

2 means a dwelling placed on a supporting frame 

3 that— 

4 (A) has or had a tow-hitch; and 

5 (B) is made mobile, or is capable of being 

6 made mobile, by an axle and wheels. 

7 (b) PERMIT RENEWAL AND PERMITTED USE.— 

8 (1) IN GENERAL.—The Secretary shall use the 

9 same permit renewal process for trailer area permits 

10 as the Secretary uses for other permit renewals in 

11 other reservoirs in the State of North Dakota admin12 istered by the Dakotas Area Office of the Bureau of 

13 Reclamation. 

14 (2) TRAILER HOMES.—With respect to a trailer 

15 home, a permit for each permit year shall authorize 

16 the permittee— 

17 (A) to park the trailer home on the lot; 

18 (B) to use the trailer home on the lot; 

19 (C) to physically move the trailer home on 

20 and off the lot; and 

21 (D) to leave on the lot any addition, deck, 

22 porch, entryway, step to the trailer home, pro23 pane tank, or storage shed. 
372 

•S 612 EAH 

1 (3) CAMPERS OR RECREATIONAL VEHICLES.— 

2 With respect to a camper or recreational vehicle, a 

3 permit shall, for each permit year— 

4 (A) from April 1 to October 31, authorize 

5 the permittee— 

6 (i) to park the camper or recreational 

7 vehicle on the lot; 

8 (ii) to use the camper or recreational 

9 vehicle on the lot; and 

10 (iii) to move the camper or rec11 reational vehicle on and off the lot; and 

12 (B) from November 1 to March 31, require 

13 a permittee to remove the camper or recreational 

14 vehicle from the lot. 

15 (c) REMOVAL.— 

16 (1) IN GENERAL.—The Secretary may require re17 moval of a trailer home from a lot in a trailer area 

18 if the trailer home is flooded after the date of enact19 ment of this Act. 

20 (2) REMOVAL AND NEW USE.—If the Secretary 

21 requires removal of a trailer home under paragraph 

22 (1), on request by the permittee, the Secretary shall 

23 authorize the permittee— 
373 

•S 612 EAH 

1 (A) to replace the trailer home on the lot 

2 with a camper or recreational vehicle in accord3 ance with this section; or 

4 (B) to place a trailer home on the lot from 

5 April 1 to October 31. 

6 (d) TRANSFER OF PERMITS.— 

7 (1) TRANSFER OF TRAILER HOME TITLE.—If a 

8 permittee transfers title to a trailer home permitted 

9 on a lot in a trailer area, the Secretary shall issue 

10 a permit to the transferee, under the same terms as 

11 the permit applicable on the date of transfer, subject 

12 to the conditions described in paragraph (3). 

13 (2) TRANSFER OF CAMPER OR RECREATIONAL

14 VEHICLE TITLE.—If a permittee who has a permit to 

15 use a camper or recreational vehicle on a lot in a 

16 trailer area transfers title to the interests of the per17 mittee on or to the lot, the Secretary shall issue a per18 mit to the transferee, subject to the conditions de19 scribed in paragraph (3). 

20 (3) CONDITIONS.—A permit issued by the Sec21 retary under paragraph (1) or (2) shall be subject to 

22 the following conditions: 

23 (A) A permit may not be held in the name 

24 of a corporation. 
374 

•S 612 EAH 

1 (B) A permittee may not have an interest 

2 in, or control of, more than 1 seasonal trailer 

3 home site in the Great Plains Region of the Bu4 reau of Reclamation, inclusive of sites located on 

5 tracts permitted to organized groups on Rec6 lamation reservoirs. 

7 (C) Not more than 2 persons may be per8 mittees under 1 permit, unless— 

9 (i) approved by the Secretary; or 

10 (ii) the additional persons are imme11 diate family members of the permittees. 

12 (e) ANCHORING REQUIREMENTS FOR TRAILER

13 HOMES.—The Secretary shall require compliance with ap14 propriate anchoring requirements for each trailer home (in15 cluding additions to the trailer home) and other objects on 

16 a lot in a trailer area, as determined by the Secretary, after 

17 consulting with permittees. 

18 (f) REPLACEMENT, REMOVAL, AND RETURN.— 

19 (1) REPLACEMENT.—Permittees may replace 

20 their trailer home with another trailer home. 

21 (2) REMOVAL AND RETURN.—Permittees may— 

22 (A) remove their trailer home; and 

23 (B) if the permittee removes their trailer 

24 home under subparagraph (A), return the trailer 

25 home to the lot of the permittee. 
375 

•S 612 EAH 

1 (g) LIABILITY; TAKING.— 

2 (1) LIABILITY.—The United States shall not be 

3 liable for flood damage to the personal property of a 

4 permittee or for damages arising out of any act, 

5 omission, or occurrence relating to a lot to which a 

6 permit applies, other than for damages caused by an 

7 act or omission of the United States or an employee, 

8 agent, or contractor of the United States before the 

9 date of enactment of this Act. 

10 (2) TAKING.—Any temporary flooding or flood 

11 damage to the personal property of a permittee shall 

12 not be a taking by the United States. 

13 SEC. 3603. LAKE TAHOE RESTORATION. 

14 (a) FINDINGS AND PURPOSES.—The Lake Tahoe Res15 toration Act (Public Law 106–506; 114 Stat. 2351) is 

16 amended by striking section 2 and inserting the following: 

17 ‘‘SEC. 2. FINDINGS AND PURPOSES. 

18 ‘‘(a) FINDINGS.—Congress finds that— 

19 ‘‘(1) Lake Tahoe— 

20 ‘‘(A) is one of the largest, deepest, and clear21 est lakes in the world; 

22 ‘‘(B) has a cobalt blue color, a biologically 

23 diverse alpine setting, and remarkable water 

24 clarity; and 
376 

•S 612 EAH 

1 ‘‘(C) is recognized nationally and world2 wide as a natural resource of special signifi3 cance; 

4 ‘‘(2) in addition to being a scenic and ecological 

5 treasure, the Lake Tahoe Basin is one of the out6 standing recreational resources of the United States, 

7 which— 

8 ‘‘(A) offers skiing, water sports, biking, 

9 camping, and hiking to millions of visitors each 

10 year; and 

11 ‘‘(B) contributes significantly to the econo12 mies of California, Nevada, and the United 

13 States; 

14 ‘‘(3) the economy in the Lake Tahoe Basin is de15 pendent on the conservation and restoration of the 

16 natural beauty and recreation opportunities in the 

17 area; 

18 ‘‘(4) the ecological health of the Lake Tahoe 

19 Basin continues to be challenged by the impacts of 

20 land use and transportation patterns developed in the 

21 last century; 

22 ‘‘(5) the alteration of wetland, wet meadows, and 

23 stream zone habitat have compromised the capacity of 

24 the watershed to filter sediment, nutrients, and pollut25 ants before reaching Lake Tahoe; 
377 

•S 612 EAH 

1 ‘‘(6) forests in the Lake Tahoe Basin suffer from 

2 over a century of fire damage and periodic drought, 

3 which have resulted in— 

4 ‘‘(A) high tree density and mortality; 

5 ‘‘(B) the loss of biological diversity; and 

6 ‘‘(C) a large quantity of combustible forest 

7 fuels, which significantly increases the threat of 

8 catastrophic fire and insect infestation; 

9 ‘‘(7) the establishment of several aquatic and ter10 restrial invasive species (including perennial 

11 pepperweed, milfoil, and Asian clam) threatens the 

12 ecosystem of the Lake Tahoe Basin; 

13 ‘‘(8) there is an ongoing threat to the economy 

14 and ecosystem of the Lake Tahoe Basin of the intro15 duction and establishment of other invasive species 

16 (such as yellow starthistle, New Zealand mud snail, 

17 Zebra mussel, and quagga mussel); 

18 ‘‘(9) 78 percent of the land in the Lake Tahoe 

19 Basin is administered by the Federal Government, 

20 which makes it a Federal responsibility to restore eco21 logical health to the Lake Tahoe Basin; 

22 ‘‘(10) the Federal Government has a long history 

23 of environmental stewardship at Lake Tahoe, includ24 ing— 
378 

•S 612 EAH 

1 ‘‘(A) congressional consent to the establish2 ment of the Planning Agency with— 

3 ‘‘(i) the enactment in 1969 of Public 

4 Law 91–148 (83 Stat. 360); and 

5 ‘‘(ii) the enactment in 1980 of Public 

6 Law 96–551 (94 Stat. 3233); 

7 ‘‘(B) the establishment of the Lake Tahoe 

8 Basin Management Unit in 1973; 

9 ‘‘(C) the enactment of Public Law 96–586 

10 (94 Stat. 3381) in 1980 to provide for the acqui11 sition of environmentally sensitive land and ero12 sion control grants in the Lake Tahoe Basin; 

13 ‘‘(D) the enactment of sections 341 and 342 

14 of the Department of the Interior and Related 

15 Agencies Appropriations Act, 2004 (Public Law 

16 108–108; 117 Stat. 1317), which amended the 

17 Southern Nevada Public Land Management Act 

18 of 1998 (Public Law 105–263; 112 Stat. 2346) 

19 to provide payments for the environmental res20 toration programs under this Act; and 

21 ‘‘(E) the enactment of section 382 of the 

22 Tax Relief and Health Care Act of 2006 (Public 

23 Law 109–432; 120 Stat. 3045), which amended 

24 the Southern Nevada Public Land Management 

25 Act of 1998 (Public Law 105–263; 112 Stat. 
379 

•S 612 EAH 

1 2346) to authorize development and implementa2 tion of a comprehensive 10-year hazardous fuels 

3 and fire prevention plan for the Lake Tahoe 

4 Basin; 

5 ‘‘(11) the Assistant Secretary was an original 

6 signatory in 1997 to the Agreement of Federal De7 partments on Protection of the Environment and Eco8 nomic Health of the Lake Tahoe Basin; 

9 ‘‘(12) the Chief of Engineers, under direction 

10 from the Assistant Secretary, has continued to be a 

11 significant contributor to Lake Tahoe Basin restora12 tion, including— 

13 ‘‘(A) stream and wetland restoration; and 

14 ‘‘(B) programmatic technical assistance; 

15 ‘‘(13) at the Lake Tahoe Presidential Forum in 

16 1997, the President renewed the commitment of the 

17 Federal Government to Lake Tahoe by— 

18 ‘‘(A) committing to increased Federal re19 sources for ecological restoration at Lake Tahoe; 

20 and 

21 ‘‘(B) establishing the Federal Interagency 

22 Partnership and Federal Advisory Committee to 

23 consult on natural resources issues concerning 

24 the Lake Tahoe Basin; 
380 

•S 612 EAH 

1 ‘‘(14) at the 2011 and 2012 Lake Tahoe Forums, 

2 Senator Reid, Senator Feinstein, Senator Heller, Sen3 ator Ensign, Governor Gibbons, Governor Sandoval, 

4 and Governor Brown— 

5 ‘‘(A) renewed their commitment to Lake 

6 Tahoe; and 

7 ‘‘(B) expressed their desire to fund the Fed8 eral and State shares of the Environmental Im9 provement Program through 2022; 

10 ‘‘(15) since 1997, the Federal Government, the 

11 States of California and Nevada, units of local gov12 ernment, and the private sector have contributed more 

13 than $1,955,500,000 to the Lake Tahoe Basin, includ14 ing— 

15 ‘‘(A) $635,400,000 from the Federal Govern16 ment; 

17 ‘‘(B) $758,600,000 from the State of Cali18 fornia; 

19 ‘‘(C) $123,700,000 from the State of Ne20 vada; 

21 ‘‘(D) $98,900,000 from units of local gov22 ernment; and 

23 ‘‘(E) $338,900,000 from private interests; 
381 

•S 612 EAH 

1 ‘‘(16) significant additional investment from 

2 Federal, State, local, and private sources is nec3 essary— 

4 ‘‘(A) to restore and sustain the ecological 

5 health of the Lake Tahoe Basin; 

6 ‘‘(B) to adapt to the impacts of fluctuating 

7 water temperature and precipitation; and 

8 ‘‘(C) to prevent the introduction and estab9 lishment of invasive species in the Lake Tahoe 

10 Basin; and 

11 ‘‘(17) the Secretary has indicated that the Lake 

12 Tahoe Basin Management Unit has the capacity for 

13 at least $10,000,000 annually for the Fire Risk Re14 duction and Forest Management Program. 

15 ‘‘(b) PURPOSES.—The purposes of this Act are— 

16 ‘‘(1) to enable the Chief of the Forest Service, the 

17 Director of the United States Fish and Wildlife Serv18 ice, and the Administrator, in cooperation with the 

19 Planning Agency and the States of California and 

20 Nevada, to fund, plan, and implement significant 

21 new environmental restoration activities and forest 

22 management activities in the Lake Tahoe Basin; 

23 ‘‘(2) to ensure that Federal, State, local, re24 gional, tribal, and private entities continue to work 

25 together to manage land in the Lake Tahoe Basin; 
382 

•S 612 EAH 

1 ‘‘(3) to support local governments in efforts re2 lated to environmental restoration, stormwater pollu3 tion control, fire risk reduction, and forest manage4 ment activities; and 

5 ‘‘(4) to ensure that agency and science commu6 nity representatives in the Lake Tahoe Basin work to7 gether— 

8 ‘‘(A) to develop and implement a plan for 

9 integrated monitoring, assessment, and applied 

10 research to evaluate the effectiveness of the Envi11 ronmental Improvement Program; and 

12 ‘‘(B) to provide objective information as a 

13 basis for ongoing decisionmaking, with an em14 phasis on decisionmaking relating to resource 

15 management in the Lake Tahoe Basin.’’. 

16 (b) DEFINITIONS.—The Lake Tahoe Restoration Act 

17 (Public Law 106–506; 114 Stat. 2351) is amended by strik18 ing section 3 and inserting the following: 

19 ‘‘SEC. 3. DEFINITIONS. 

20 ‘‘In this Act: 

21 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis22 trator’ means the Administrator of the Environ23 mental Protection Agency. 
383 

•S 612 EAH 

1 ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist2 ant Secretary’ means the Assistant Secretary of the 

3 Army for Civil Works. 

4 ‘‘(3) CHAIR.—The term ‘Chair’ means the Chair 

5 of the Federal Partnership. 

6 ‘‘(4) COMPACT.—The term ‘Compact’ means the 

7 Tahoe Regional Planning Compact included in the 

8 first section of Public Law 96–551 (94 Stat. 3233). 

9 ‘‘(5) DIRECTORS.—The term ‘Directors’ means— 

10 ‘‘(A) the Director of the United States Fish 

11 and Wildlife Service; and 

12 ‘‘(B) the Director of the United States Geo13 logical Survey. 

14 ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO15 GRAM.—The term ‘Environmental Improvement Pro16 gram’ means— 

17 ‘‘(A) the Environmental Improvement Pro18 gram adopted by the Planning Agency; and 

19 ‘‘(B) any amendments to the Program. 

20 ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING CA21 PACITY.—The term ‘environmental threshold carrying 

22 capacity’ has the meaning given the term in Article 

23 II of the Compact. 

24 ‘‘(8) FEDERAL PARTNERSHIP.—The term ‘Fed25 eral Partnership’ means the Lake Tahoe Federal 
384 

•S 612 EAH 

1 Interagency Partnership established by Executive 

2 Order 13057 (62 Fed. Reg. 41249) (or a successor Ex3 ecutive order). 

4 ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The term 

5 ‘forest management activity’ includes— 

6 ‘‘(A) prescribed burning for ecosystem 

7 health and hazardous fuels reduction; 

8 ‘‘(B) mechanical and minimum tool treat9 ment; 

10 ‘‘(C) stream environment zone restoration 

11 and other watershed and wildlife habitat en12 hancements; 

13 ‘‘(D) nonnative invasive species manage14 ment; and 

15 ‘‘(E) other activities consistent with Forest 

16 Service practices, as the Secretary determines to 

17 be appropriate. 

18 ‘‘(10) MAPS.—The term ‘Maps’ means the 

19 maps— 

20 ‘‘(A) entitled— 

21 ‘‘(i) ‘LTRA USFS–CA Land Ex22 change/North Shore’; 

23 ‘‘(ii) ‘LTRA USFS–CA Land Ex24 change/West Shore’; and 
385 

•S 612 EAH 

1 ‘‘(iii) ‘LTRA USFS–CA Land Ex2 change/South Shore’; and 

3 ‘‘(B) dated January 4, 2016, and on file 

4 and available for public inspection in the appro5 priate offices of— 

6 ‘‘(i) the Forest Service; 

7 ‘‘(ii) the California Tahoe Conser8 vancy; and 

9 ‘‘(iii) the California Department of 

10 Parks and Recreation. 

11 ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The 

12 term ‘national wildland fire code’ means— 

13 ‘‘(A) the most recent publication of the Na14 tional Fire Protection Association codes num15 bered 1141, 1142, 1143, and 1144; 

16 ‘‘(B) the most recent publication of the 

17 International Wildland-Urban Interface Code of 

18 the International Code Council; or 

19 ‘‘(C) any other code that the Secretary de20 termines provides the same, or better, standards 

21 for protection against wildland fire as a code de22 scribed in subparagraph (A) or (B). 

23 ‘‘(12) PLANNING AGENCY.—The term ‘Planning 

24 Agency’ means the Tahoe Regional Planning Agency 
386 

•S 612 EAH 

1 established under Public Law 91–148 (83 Stat. 360) 

2 and Public Law 96–551 (94 Stat. 3233). 

3 ‘‘(13) PRIORITY LIST.—The term ‘Priority List’ 

4 means the environmental restoration priority list de5 veloped under section 5(b). 

6 ‘‘(14) SECRETARY.—The term ‘Secretary’ means 

7 the Secretary of Agriculture, acting through the Chief 

8 of the Forest Service. 

9 ‘‘(15) STREAM ENVIRONMENT ZONE.—The term 

10 ‘Stream Environment Zone’ means an area that gen11 erally owes the biological and physical characteristics 

12 of the area to the presence of surface water or ground13 water. 

14 ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The term 

15 ‘total maximum daily load’ means the total max16 imum daily load allocations adopted under section 

17 303(d) of the Federal Water Pollution Control Act (33 

18 U.S.C. 1313(d)). 

19 ‘‘(17) WATERCRAFT.—The term ‘watercraft’ 

20 means motorized and non-motorized watercraft, in21 cluding boats, seaplanes, personal watercraft, kayaks, 

22 and canoes.’’. 

23 (c) IMPROVED ADMINISTRATION OF THE LAKE TAHOE

24 BASIN MANAGEMENT UNIT.—Section 4 of the Lake Tahoe 
387 

•S 612 EAH 

1 Restoration Act (Public Law 106–506; 114 Stat. 2353) is 

2 amended— 

3 (1) in subsection (b)(3), by striking ‘‘basin’’ and 

4 inserting ‘‘Basin’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— 

7 ‘‘(1) COORDINATION.— 

8 ‘‘(A) IN GENERAL.—In conducting forest 

9 management activities in the Lake Tahoe Basin 

10 Management Unit, the Secretary shall, as appro11 priate, coordinate with the Administrator and 

12 State and local agencies and organizations, in13 cluding local fire departments and volunteer 

14 groups. 

15 ‘‘(B) GOALS.—The coordination of activities 

16 under subparagraph (A) should aim to increase 

17 efficiencies and maximize the compatibility of 

18 management practices across public property 

19 boundaries. 

20 ‘‘(2) MULTIPLE BENEFITS.— 

21 ‘‘(A) IN GENERAL.—In conducting forest 

22 management activities in the Lake Tahoe Basin 

23 Management Unit, the Secretary shall conduct 

24 the activities in a manner that— 
388 

•S 612 EAH 

1 ‘‘(i) except as provided in subpara2 graph (B), attains multiple ecosystem bene3 fits, including— 

4 ‘‘(I) reducing forest fuels; 

5 ‘‘(II) maintaining biological di6 versity; 

7 ‘‘(III) improving wetland and 

8 water quality, including in Stream 

9 Environment Zones; and 

10 ‘‘(IV) increasing resilience to 

11 changing water temperature and pre12 cipitation; and 

13 ‘‘(ii) helps achieve and maintain the 

14 environmental threshold carrying capacities 

15 established by the Planning Agency. 

16 ‘‘(B) EXCEPTION.—Notwithstanding sub17 paragraph (A)(i), the attainment of multiple 

18 ecosystem benefits shall not be required if the 

19 Secretary determines that management for mul20 tiple ecosystem benefits would excessively in21 crease the cost of a program in relation to the 

22 additional ecosystem benefits gained from the 

23 management activity. 

24 ‘‘(3) GROUND DISTURBANCE.—Consistent with 

25 applicable Federal law and Lake Tahoe Basin Man-
389 

•S 612 EAH 

1 agement Unit land and resource management plan 

2 direction, the Secretary shall— 

3 ‘‘(A) establish post-program ground condi4 tion criteria for ground disturbance caused by 

5 forest management activities; and 

6 ‘‘(B) provide for monitoring to ascertain the 

7 attainment of the post-program conditions. 

8 ‘‘(4) AVAILABILITY OF CATEGORICAL EXCLUSION

9 FOR CERTAIN FOREST MANAGEMENT PROJECTS.—A 

10 forest management activity conducted in the Lake 

11 Tahoe Basin Management Unit for the purpose of re12 ducing forest fuels is categorically excluded from the 

13 requirements of the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.) if the forest man15 agement activity— 

16 ‘‘(A) notwithstanding section 423 of the De17 partment of the Interior, Environment, and Re18 lated Agencies Appropriations Act, 2009 (divi19 sion E of Public Law 111–8; 123 Stat. 748), 

20 does not exceed 10,000 acres, including not more 

21 than 3,000 acres of mechanical thinning; 

22 ‘‘(B) is developed— 

23 ‘‘(i) in coordination with impacted 

24 parties, specifically including representa-
390 

•S 612 EAH 

1 tives of local governments, such as county 

2 supervisors or county commissioners; and 

3 ‘‘(ii) in consultation with other inter4 ested parties; and 

5 ‘‘(C) is consistent with the Lake Tahoe 

6 Basin Management Unit land and resource 

7 management plan. 

8 ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— 

9 ‘‘(1) IN GENERAL.—Subject to valid existing 

10 rights and paragraph (2), the Federal land located in 

11 the Lake Tahoe Basin Management Unit is with12 drawn from— 

13 ‘‘(A) all forms of entry, appropriation, or 

14 disposal under the public land laws; 

15 ‘‘(B) location, entry, and patent under the 

16 mining laws; and 

17 ‘‘(C) disposition under all laws relating to 

18 mineral and geothermal leasing. 

19 ‘‘(2) EXCEPTIONS.—A conveyance of land shall 

20 be exempt from withdrawal under this subsection if 

21 carried out under— 

22 ‘‘(A) this Act; or 

23 ‘‘(B) Public Law 96–586 (94 Stat. 3381) 

24 (commonly known as the ‘Santini-Burton Act’). 
391 

•S 612 EAH 

1 ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING CAPAC2 ITY.—The Lake Tahoe Basin Management Unit shall sup3 port the attainment of the environmental threshold carrying 

4 capacities. 

5 ‘‘(f) COOPERATIVE AUTHORITIES.—During the 4 fiscal 

6 years following the date of enactment of the Water Resources 

7 Development Act of 2016, the Secretary, in conjunction 

8 with land adjustment programs, may enter into contracts 

9 and cooperative agreements with States, units of local gov10 ernment, and other public and private entities to provide 

11 for fuel reduction, erosion control, reforestation, Stream En12 vironment Zone restoration, and similar management ac13 tivities on Federal land and non-Federal land within the 

14 programs.’’. 

15 (d) AUTHORIZED PROGRAMS.—The Lake Tahoe Res16 toration Act (Public Law 106–506; 114 Stat. 2351) is 

17 amended by striking section 5 and inserting the following: 

18 ‘‘SEC. 5. AUTHORIZED PROGRAMS. 

19 ‘‘(a) IN GENERAL.—The Secretary, the Assistant Sec20 retary, the Directors, and the Administrator, in coordina21 tion with the Planning Agency and the States of California 

22 and Nevada, may carry out or provide financial assistance 

23 to any program that— 

24 ‘‘(1) is described in subsection (d); 
392 

•S 612 EAH 

1 ‘‘(2) is included in the Priority List under sub2 section (b); and 

3 ‘‘(3) furthers the purposes of the Environmental 

4 Improvement Program if the program has been sub5 ject to environmental review and approval, respec6 tively, as required under Federal law, Article VII of 

7 the Compact, and State law, as applicable. 

8 ‘‘(b) PRIORITY LIST.— 

9 ‘‘(1) DEADLINE.—Not later than March 15 of the 

10 year after the date of enactment of the Water Re11 sources Development Act of 2016, the Chair, in con12 sultation with the Secretary, the Administrator, the 

13 Directors, the Planning Agency, the States of Cali14 fornia and Nevada, the Federal Partnership, the 

15 Washoe Tribe, the Lake Tahoe Federal Advisory Com16 mittee, and the Tahoe Science Consortium (or a suc17 cessor organization) shall submit to Congress a 

18 prioritized Environmental Improvement Program list 

19 for the Lake Tahoe Basin for the program categories 

20 described in subsection (d). 

21 ‘‘(2) CRITERIA.—The ranking of the Priority 

22 List shall be based on the best available science and 

23 the following criteria: 

24 ‘‘(A) The 4-year threshold carrying capacity 

25 evaluation. 
393 

•S 612 EAH 

1 ‘‘(B) The ability to measure progress or suc2 cess of the program. 

3 ‘‘(C) The potential to significantly con4 tribute to the achievement and maintenance of 

5 the environmental threshold carrying capacities 

6 identified in Article II of the Compact. 

7 ‘‘(D) The ability of a program to provide 

8 multiple benefits. 

9 ‘‘(E) The ability of a program to leverage 

10 non-Federal contributions. 

11 ‘‘(F) Stakeholder support for the program. 

12 ‘‘(G) The justification of Federal interest. 

13 ‘‘(H) Agency priority. 

14 ‘‘(I) Agency capacity. 

15 ‘‘(J) Cost-effectiveness. 

16 ‘‘(K) Federal funding history. 

17 ‘‘(3) REVISIONS.—The Priority List submitted 

18 under paragraph (1) shall be revised every 2 years. 

19 ‘‘(4) FUNDING.—Of the amounts made available 

20 under section 10(a), $80,000,000 shall be made avail21 able to the Secretary to carry out projects listed on 

22 the Priority List. 

23 ‘‘(c) RESTRICTION.—The Administrator shall use not 

24 more than 3 percent of the funds provided under subsection 
394 

•S 612 EAH 

1 (a) for administering the programs described in paragraphs 

2 (1) and (2) of subsection (d). 

3 ‘‘(d) DESCRIPTION OF ACTIVITIES.— 

4 ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN5 AGEMENT.— 

6 ‘‘(A) IN GENERAL.—Of the amounts made 

7 available under section 10(a), $150,000,000 shall 

8 be made available to the Secretary to carry out, 

9 including by making grants, the following pro10 grams: 

11 ‘‘(i) Programs identified as part of the 

12 Lake Tahoe Basin Multi-Jurisdictional 

13 Fuel Reduction and Wildfire Prevention 

14 Strategy 10-Year Plan. 

15 ‘‘(ii) Competitive grants for fuels work 

16 to be awarded by the Secretary to commu17 nities that have adopted national wildland 

18 fire codes to implement the applicable por19 tion of the 10-year plan described in clause 

20 (i). 

21 ‘‘(iii) Biomass programs, including 

22 feasibility assessments. 

23 ‘‘(iv) Angora Fire Restoration under 

24 the jurisdiction of the Secretary. 
395 

•S 612 EAH 

1 ‘‘(v) Washoe Tribe programs on tribal 

2 lands within the Lake Tahoe Basin. 

3 ‘‘(vi) Development of an updated Lake 

4 Tahoe Basin multijurisdictional fuel reduc5 tion and wildfire prevention strategy, con6 sistent with section 4(c). 

7 ‘‘(vii) Development of updated commu8 nity wildfire protection plans by local fire 

9 districts. 

10 ‘‘(viii) Municipal water infrastructure 

11 that significantly improves the firefighting 

12 capability of local government within the 

13 Lake Tahoe Basin. 

14 ‘‘(ix) Stewardship end result con15 tracting projects carried out under section 

16 604 of the Healthy Forests Restoration Act 

17 of 2003 (16 U.S.C. 6591c). 

18 ‘‘(B) MINIMUM ALLOCATION.—Of the 

19 amounts made available to the Secretary to 

20 carry out subparagraph (A), at least 

21 $100,000,000 shall be used by the Secretary for 

22 programs under subparagraph (A)(i). 

23 ‘‘(C) PRIORITY.—Units of local government 

24 that have dedicated funding for inspections and 

25 enforcement of defensible space regulations shall 
396 

•S 612 EAH 

1 be given priority for amounts provided under 

2 this paragraph. 

3 ‘‘(D) COST-SHARING REQUIREMENTS.— 

4 ‘‘(i) IN GENERAL.—As a condition on 

5 the receipt of funds, communities or local 

6 fire districts that receive funds under this 

7 paragraph shall provide a 25-percent 

8 match. 

9 ‘‘(ii) FORM OF NON-FEDERAL

10 SHARE.— 

11 ‘‘(I) IN GENERAL.—The non-Fed12 eral share required under clause (i) 

13 may be in the form of cash contribu14 tions or in-kind contributions, includ15 ing providing labor, equipment, sup16 plies, space, and other operational 

17 needs. 

18 ‘‘(II) CREDIT FOR CERTAIN DEDI19 CATED FUNDING.—There shall be cred20 ited toward the non-Federal share re21 quired under clause (i) any dedicated 

22 funding of the communities or local 

23 fire districts for a fuels reduction man24 agement program, defensible space in25 spections, or dooryard chipping. 
397 

•S 612 EAH 

1 ‘‘(III) DOCUMENTATION.—Com2 munities and local fire districts 

3 shall— 

4 ‘‘(aa) maintain a record of 

5 in-kind contributions that de6 scribes— 

7 ‘‘(AA) the monetary 

8 value of the in-kind contribu9 tions; and 

10 ‘‘(BB) the manner in 

11 which the in-kind contribu12 tions assist in accomplishing 

13 program goals and objectives; 

14 and 

15 ‘‘(bb) document in all re16 quests for Federal funding, and 

17 include in the total program 

18 budget, evidence of the commit19 ment to provide the non-Federal 

20 share through in-kind contribu21 tions. 

22 ‘‘(2) INVASIVE SPECIES MANAGEMENT.— 

23 ‘‘(A) IN GENERAL.—Of the amounts made 

24 available under section 10(a), $45,000,000 shall 

25 be made available to the Director of the United 
398 

•S 612 EAH 

1 States Fish and Wildlife Service for the Aquatic 

2 Invasive Species Program and the watercraft in3 spections described in subparagraph (B). 

4 ‘‘(B) DESCRIPTION OF ACTIVITIES.—The 

5 Director of the United States Fish and Wildlife 

6 Service, in coordination with the Assistant Sec7 retary, the Planning Agency, the California De8 partment of Fish and Wildlife, and the Nevada 

9 Department of Wildlife, shall deploy strategies 

10 consistent with the Lake Tahoe Aquatic Invasive 

11 Species Management Plan to prevent the intro12 duction or spread of aquatic invasive species in 

13 the Lake Tahoe region. 

14 ‘‘(C) CRITERIA.—The strategies referred to 

15 in subparagraph (B) shall provide that— 

16 ‘‘(i) combined inspection and decon17 tamination stations be established and oper18 ated at not less than 2 locations in the Lake 

19 Tahoe region; and 

20 ‘‘(ii) watercraft not be allowed to 

21 launch in waters of the Lake Tahoe region 

22 if the watercraft has not been inspected in 

23 accordance with the Lake Tahoe Aquatic 

24 Invasive Species Management Plan. 
399 

•S 612 EAH 

1 ‘‘(D) CERTIFICATION.—The Planning Agen2 cy may certify State and local agencies to per3 form the decontamination activities described in 

4 subparagraph (C)(i) at locations outside the 

5 Lake Tahoe Basin if standards at the sites meet 

6 or exceed standards for similar sites in the Lake 

7 Tahoe Basin established under this paragraph. 

8 ‘‘(E) APPLICABILITY.—The strategies and 

9 criteria developed under this paragraph shall 

10 apply to all watercraft to be launched on water 

11 within the Lake Tahoe region. 

12 ‘‘(F) FEES.—The Director of the United 

13 States Fish and Wildlife Service may collect and 

14 spend fees for decontamination only at a level 

15 sufficient to cover the costs of operation of in16 spection and decontamination stations under 

17 this paragraph. 

18 ‘‘(G) CIVIL PENALTIES.— 

19 ‘‘(i) IN GENERAL.—Any person that 

20 launches, attempts to launch, or facilitates 

21 launching of watercraft not in compliance 

22 with strategies deployed under this para23 graph shall be liable for a civil penalty in 

24 an amount not to exceed $1,000 per viola25 tion. 
400 

•S 612 EAH 

1 ‘‘(ii) OTHER AUTHORITIES.—Any pen2 alties assessed under this subparagraph 

3 shall be separate from penalties assessed 

4 under any other authority. 

5 ‘‘(H) LIMITATION.—The strategies and cri6 teria under subparagraphs (B) and (C), respec7 tively, may be modified if the Secretary of the 

8 Interior, in a nondelegable capacity and in con9 sultation with the Planning Agency and State 

10 governments, issues a determination that alter11 native measures will be no less effective at pre12 venting introduction of aquatic invasive species 

13 into Lake Tahoe than the strategies and criteria 

14 developed under subparagraphs (B) and (C), re15 spectively. 

16 ‘‘(I) SUPPLEMENTAL AUTHORITY.—The au17 thority under this paragraph is supplemental to 

18 all actions taken by non-Federal regulatory au19 thorities. 

20 ‘‘(J) SAVINGS CLAUSE.—Nothing in this 

21 title restricts, affects, or amends any other law or 

22 the authority of any department, instrumen23 tality, or agency of the United States, or any 

24 State or political subdivision thereof, respecting 

25 the control of invasive species. 
401 

•S 612 EAH 

1 ‘‘(3) STORMWATER MANAGEMENT, EROSION CON2 TROL, AND TOTAL WATERSHED RESTORATION.—Of the 

3 amounts made available under section 10(a), 

4 $113,000,000 shall be made available— 

5 ‘‘(A) to the Secretary, the Secretary of the 

6 Interior, the Assistant Secretary, or the Admin7 istrator for the Federal share of stormwater 

8 management and related programs consistent 

9 with the adopted Total Maximum Daily Load 

10 and near-shore water quality goals; 

11 ‘‘(B) for grants by the Secretary and the 

12 Administrator to carry out the programs de13 scribed in subparagraph (A); 

14 ‘‘(C) to the Secretary or the Assistant Sec15 retary for the Federal share of the Upper Truckee 

16 River restoration programs and other watershed 

17 restoration programs identified in the Priority 

18 List established under section 5(b); and 

19 ‘‘(D) for grants by the Administrator to 

20 carry out the programs described in subpara21 graph (C). 

22 ‘‘(4) SPECIAL STATUS SPECIES MANAGEMENT.— 

23 Of the amounts made available under section 10(a), 

24 $20,000,000 shall be made available to the Director of 
402 

•S 612 EAH 

1 the United States Fish and Wildlife Service for the 

2 Lahontan Cutthroat Trout Recovery Program.’’. 

3 (e) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 

4 The Lake Tahoe Restoration Act (Public Law 106–506; 114 

5 Stat. 2351) is amended by striking section 6 and inserting 

6 the following: 

7 ‘‘SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

8 ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT9 ABILITY.— 

10 ‘‘(1) IN GENERAL.—Of the amounts made avail11 able under section 10(a), not less than $5,000,000 

12 shall be made available to the Secretary to carry out 

13 this section. 

14 ‘‘(2) PLANNING AGENCY.—Of the amounts de15 scribed in paragraph (1), not less than 50 percent 

16 shall be made available to the Planning Agency to 

17 carry out the program oversight and coordination ac18 tivities established under subsection (d). 

19 ‘‘(b) CONSULTATION.—In carrying out this Act, the 

20 Secretary, the Administrator, and the Directors shall, as 

21 appropriate and in a timely manner, consult with the heads 

22 of the Washoe Tribe, applicable Federal, State, regional, 

23 and local governmental agencies, and the Lake Tahoe Fed24 eral Advisory Committee. 
403 

•S 612 EAH 

1 ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY AGREE2 MENTS.— 

3 ‘‘(1) IN GENERAL.—The Assistant Secretary may 

4 enter into interagency agreements with non-Federal 

5 interests in the Lake Tahoe Basin to use Lake Tahoe 

6 Partnership-Miscellaneous General Investigations 

7 funds to provide programmatic technical assistance 

8 for the Environmental Improvement Program. 

9 ‘‘(2) LOCAL COOPERATION AGREEMENTS.— 

10 ‘‘(A) IN GENERAL.—Before providing tech11 nical assistance under this section, the Assistant 

12 Secretary shall enter into a local cooperation 

13 agreement with a non-Federal interest to provide 

14 for the technical assistance. 

15 ‘‘(B) COMPONENTS.—The agreement entered 

16 into under subparagraph (A) shall— 

17 ‘‘(i) describe the nature of the technical 

18 assistance; 

19 ‘‘(ii) describe any legal and institu20 tional structures necessary to ensure the ef21 fective long-term viability of the end prod22 ucts by the non-Federal interest; and 

23 ‘‘(iii) include cost-sharing provisions 

24 in accordance with subparagraph (C). 

25 ‘‘(C) FEDERAL SHARE.— 
404 

•S 612 EAH 

1 ‘‘(i) IN GENERAL.—The Federal share 

2 of program costs under each local coopera3 tion agreement under this paragraph shall 

4 be 65 percent. 

5 ‘‘(ii) FORM.—The Federal share may 

6 be in the form of reimbursements of pro7 gram costs. 

8 ‘‘(iii) CREDIT.—The non-Federal in9 terest may receive credit toward the non10 Federal share for the reasonable costs of re11 lated technical activities completed by the 

12 non-Federal interest before entering into a 

13 local cooperation agreement with the Assist14 ant Secretary under this paragraph. 

15 ‘‘(d) EFFECTIVENESS EVALUATION AND MONI16 TORING.—In carrying out this Act, the Secretary, the Ad17 ministrator, and the Directors, in coordination with the 

18 Planning Agency and the States of California and Nevada, 

19 shall— 

20 ‘‘(1) develop and implement a plan for inte21 grated monitoring, assessment, and applied research 

22 to evaluate the effectiveness of the Environmental Im23 provement Program; 
405 

•S 612 EAH 

1 ‘‘(2) include funds in each program funded 

2 under this section for monitoring and assessment of 

3 results at the program level; and 

4 ‘‘(3) use the integrated multiagency performance 

5 measures established under this section. 

6 ‘‘(e) REPORTING REQUIREMENTS.—Not later than 

7 March 15 of each year, the Secretary, in cooperation with 

8 the Chair, the Administrator, the Directors, the Planning 

9 Agency, and the States of California and Nevada, consistent 

10 with subsection (a), shall submit to Congress a report that 

11 describes— 

12 ‘‘(1) the status of all Federal, State, local, and 

13 private programs authorized under this Act, includ14 ing to the maximum extent practicable, for programs 

15 that will receive Federal funds under this Act during 

16 the current or subsequent fiscal year— 

17 ‘‘(A) the program scope; 

18 ‘‘(B) the budget for the program; and 

19 ‘‘(C) the justification for the program, con20 sistent with the criteria established in section 

21 5(b)(2); 

22 ‘‘(2) Federal, State, local, and private expendi23 tures in the preceding fiscal year to implement the 

24 Environmental Improvement Program; 
406 

•S 612 EAH 

1 ‘‘(3) accomplishments in the preceding fiscal 

2 year in implementing this Act in accordance with the 

3 performance measures and other monitoring and as4 sessment activities; and 

5 ‘‘(4) public education and outreach efforts under6 taken to implement programs authorized under this 

7 Act. 

8 ‘‘(f) ANNUAL BUDGET PLAN.—As part of the annual 

9 budget of the President, the President shall submit informa10 tion regarding each Federal agency involved in the Envi11 ronmental Improvement Program (including the Forest 

12 Service, the Environmental Protection Agency, the United 

13 States Fish and Wildlife Service, the United States Geologi14 cal Survey, and the Corps of Engineers), including— 

15 ‘‘(1) an interagency crosscut budget that displays 

16 the proposed budget for use by each Federal agency in 

17 carrying out restoration activities relating to the En18 vironmental Improvement Program for the following 

19 fiscal year; 

20 ‘‘(2) a detailed accounting of all amounts re21 ceived and obligated by Federal agencies to achieve 

22 the goals of the Environmental Improvement Program 

23 during the preceding fiscal year; and 

24 ‘‘(3) a description of the Federal role in the En25 vironmental Improvement Program, including the 
407 

•S 612 EAH 

1 specific role of each agency involved in the restoration 

2 of the Lake Tahoe Basin.’’. 

3 (f) CONFORMING AMENDMENTS; UPDATES TO RE4 LATED LAWS.— 

5 (1) LAKE TAHOE RESTORATION ACT.—The Lake 

6 Tahoe Restoration Act (Public Law 106–506; 114 

7 Stat. 2351) is amended— 

8 (A) by striking sections 8 and 9; 

9 (B) by redesignating sections 10, 11, and 12 

10 as sections 8, 9, and 10, respectively; and 

11 (C) in section 9 (as redesignated by sub12 paragraph (B)) by inserting ‘‘, Director, or Ad13 ministrator’’ after ‘‘Secretary’’. 

14 (2) TAHOE REGIONAL PLANNING COMPACT.— 

15 Subsection (c) of Article V of the Tahoe Regional 

16 Planning Compact (Public Law 96–551; 94 Stat. 

17 3240) is amended in the third sentence by inserting 

18 ‘‘and, in so doing, shall ensure that the regional plan 

19 reflects changing economic conditions and the eco20 nomic effect of regulation on commerce’’ after ‘‘main21 tain the regional plan’’. 

22 (3) TREATMENT UNDER TITLE 49, UNITED

23 STATES CODE.—Section 5303(r)(2)(C) of title 49, 

24 United States Code, is amended— 
408 

•S 612 EAH 

1 (A) by inserting ‘‘and 25 square miles of 

2 land area’’ after ‘‘145,000’’; and 

3 (B) by inserting ‘‘and 12 square miles of 

4 land area’’ after ‘‘65,000’’. 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—The Lake 

6 Tahoe Restoration Act (Public Law 106–506; 114 Stat. 

7 2351) is amended by striking section 10 (as redesignated 

8 by subsection (f)(1)(B)) and inserting the following: 

9 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this Act 

12 $415,000,000 for a period of 7 fiscal years beginning the 

13 first fiscal year after the date of enactment of the Water 

14 Resources Development Act of 2016. 

15 ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts authorized 

16 under this section and any amendments made by this Act— 

17 ‘‘(1) shall be in addition to any other amounts 

18 made available to the Secretary, the Administrator, 

19 or the Directors for expenditure in the Lake Tahoe 

20 Basin; and 

21 ‘‘(2) shall not reduce allocations for other Re22 gions of the Forest Service, the Environmental Protec23 tion Agency, or the United States Fish and Wildlife 

24 Service. 
409 

•S 612 EAH 

1 ‘‘(c) COST-SHARING REQUIREMENT.—Except as pro2 vided in subsection (d) and section 5(d)(1)(D), funds for 

3 activities carried out under section 5 shall be available for 

4 obligation on a 1-to-1 basis with funding of restoration ac5 tivities in the Lake Tahoe Basin by the States of California 

6 and Nevada. 

7 ‘‘(d) RELOCATION COSTS.—Notwithstanding sub8 section (c), the Secretary shall provide to local utility dis9 tricts two-thirds of the costs of relocating facilities in con10 nection with— 

11 ‘‘(1) environmental restoration programs under 

12 sections 5 and 6; and 

13 ‘‘(2) erosion control programs under section 2 of 

14 Public Law 96–586 (94 Stat. 3381). 

15 ‘‘(e) SIGNAGE.—To the maximum extent practicable, 

16 a program provided assistance under this Act shall include 

17 appropriate signage at the program site that— 

18 ‘‘(1) provides information to the public on— 

19 ‘‘(A) the amount of Federal funds being 

20 provided to the program; and 

21 ‘‘(B) this Act; and 

22 ‘‘(2) displays the visual identity mark of the En23 vironmental Improvement Program.’’. 

24 (1) LAND TRANSFERS TO IMPROVE MANAGEMENT

25 EFFICIENCIES OF FEDERAL AND STATE LAND.—Sec-
410 

•S 612 EAH 

1 tion 3(b) of Public Law 96–586 (94 Stat. 3384) (com2 monly known as the ‘‘Santini-Burton Act’’) is 

3 amended— 

4 (A) by striking ‘‘(b) Lands’’ and inserting 

5 the following: 

6 ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— 

7 ‘‘(1) IN GENERAL.—Land’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) CALIFORNIA CONVEYANCES.— 

10 ‘‘(A) IN GENERAL.—If the State of Cali11 fornia (acting through the California Tahoe Con12 servancy and the California Department of 

13 Parks and Recreation) offers to donate to the 

14 United States the non-Federal land described in 

15 subparagraph (B)(i), the Secretary— 

16 ‘‘(i) may accept the offer; and 

17 ‘‘(ii) convey to the State of California, 

18 subject to valid existing rights and for no 

19 consideration, all right, title, and interest of 

20 the United States in and to the Federal 

21 land. 

22 ‘‘(B) DESCRIPTION OF LAND.— 

23 ‘‘(i) NON-FEDERAL LAND.—The non24 Federal land referred to in subparagraph 

25 (A) includes— 
411 

•S 612 EAH 

1 ‘‘(I) the approximately 1,936 

2 acres of land administered by the Cali3 fornia Tahoe Conservancy and identi4 fied on the Maps as ‘Tahoe Conser5 vancy to the USFS’; and 

6 ‘‘(II) the approximately 183 acres 

7 of land administered by California 

8 State Parks and identified on the 

9 Maps as ‘Total USFS to California’. 

10 ‘‘(ii) FEDERAL LAND.—The Federal 

11 land referred to in subparagraph (A) in12 cludes the approximately 1,995 acres of 

13 Forest Service land identified on the Maps 

14 as ‘U.S. Forest Service to Conservancy and 

15 State Parks’. 

16 ‘‘(C) CONDITIONS.—Any land conveyed 

17 under this paragraph shall— 

18 ‘‘(i) be for the purpose of consolidating 

19 Federal and State ownerships and improv20 ing management efficiencies; 

21 ‘‘(ii) not result in any significant 

22 changes in the uses of the land; and 

23 ‘‘(iii) be subject to the condition that 

24 the applicable deed include such terms, re25 strictions, covenants, conditions, and res-
412 

•S 612 EAH 

1 ervations as the Secretary determines nec2 essary— 

3 ‘‘(I) to ensure compliance with 

4 this Act; and 

5 ‘‘(II) to ensure that the transfer of 

6 development rights associated with the 

7 conveyed parcels shall not be recog8 nized or available for transfer under 

9 chapter 51 of the Code of Ordinances 

10 for the Tahoe Regional Planning Agen11 cy. 

12 ‘‘(D) CONTINUATION OF SPECIAL USE PER13 MITS.—The land conveyance under this para14 graph shall be subject to the condition that the 

15 State of California accept all special use permits 

16 applicable, as of the date of enactment of the 

17 Water Resources Development Act of 2016, to the 

18 land described in subparagraph (B)(ii) for the 

19 duration of the special use permits, and subject 

20 to the terms and conditions of the special use 

21 permits. 

22 ‘‘(3) NEVADA CONVEYANCES.— 

23 ‘‘(A) IN GENERAL.—In accordance with this 

24 section and on request by the Governor of Ne25 vada, the Secretary may transfer the land or in-
413 

•S 612 EAH 

1 terests in land described in subparagraph (B) to 

2 the State of Nevada without consideration, sub3 ject to appropriate deed restrictions to protect 

4 the environmental quality and public rec5 reational use of the land transferred. 

6 ‘‘(B) DESCRIPTION OF LAND.—The land re7 ferred to in subparagraph (A) includes— 

8 ‘‘(i) the approximately 38.68 acres of 

9 Forest Service land identified on the map 

10 entitled ‘State of Nevada Conveyances’ as 

11 ‘Van Sickle Unit USFS Inholding’; and 

12 ‘‘(ii) the approximately 92.28 acres of 

13 Forest Service land identified on the map 

14 entitled ‘State of Nevada Conveyances’ as 

15 ‘Lake Tahoe Nevada State Park USFS 

16 Inholding’. 

17 ‘‘(C) CONDITIONS.—Any land conveyed 

18 under this paragraph shall— 

19 ‘‘(i) be for the purpose of consolidating 

20 Federal and State ownerships and improv21 ing management efficiencies; 

22 ‘‘(ii) not result in any significant 

23 changes in the uses of the land; and 

24 ‘‘(iii) be subject to the condition that 

25 the applicable deed include such terms, re-
414 

•S 612 EAH 

1 strictions, covenants, conditions, and res2 ervations as the Secretary determines nec3 essary— 

4 ‘‘(I) to ensure compliance with 

5 this Act; and 

6 ‘‘(II) to ensure that the develop7 ment rights associated with the con8 veyed parcels shall not be recognized or 

9 available for transfer under section 

10 90.2 of the Code of Ordinances for the 

11 Tahoe Regional Planning Agency. 

12 ‘‘(D) CONTINUATION OF SPECIAL USE PER13 MITS.—The land conveyance under this para14 graph shall be subject to the condition that the 

15 State of Nevada accept all special use permits 

16 applicable, as of the date of enactment of the 

17 Water Resources Development Act of 2016, to the 

18 land described in subparagraph (B)(ii) for the 

19 duration of the special use permits, and subject 

20 to the terms and conditions of the special use 

21 permits. 

22 ‘‘(4) AUTHORIZATION FOR CONVEYANCE OF FOR23 EST SERVICE URBAN LOTS.— 

24 ‘‘(A) CONVEYANCE AUTHORITY.—Except in 

25 the case of land described in paragraphs (2) and 
415 

•S 612 EAH 

1 (3), the Secretary of Agriculture may convey any 

2 urban lot within the Lake Tahoe Basin under 

3 the administrative jurisdiction of the Forest 

4 Service. 

5 ‘‘(B) CONSIDERATION.—A conveyance under 

6 subparagraph (A) shall require consideration in 

7 an amount equal to the fair market value of the 

8 conveyed lot. 

9 ‘‘(C) AVAILABILITY AND USE.—The proceeds 

10 from a conveyance under subparagraph (A) shall 

11 be retained by the Secretary of Agriculture and 

12 used for— 

13 ‘‘(i) purchasing inholdings throughout 

14 the Lake Tahoe Basin; or 

15 ‘‘(ii) providing additional funds to 

16 carry out the Lake Tahoe Restoration Act 

17 (Public Law 106–506; 114 Stat. 2351) in 

18 excess of amounts made available under sec19 tion 10 of that Act. 

20 ‘‘(D) OBLIGATION LIMIT.—The obligation 

21 and expenditure of proceeds retained under this 

22 paragraph shall be subject to such fiscal year 

23 limitation as may be specified in an Act making 

24 appropriations for the Forest Service for a fiscal 

25 year. 
416 

•S 612 EAH 

1 ‘‘(5) REVERSION.—If a parcel of land trans2 ferred under paragraph (2) or (3) is used in a man3 ner that is inconsistent with the use described for the 

4 parcel of land in paragraph (2) or (3), respectively, 

5 the parcel of land, shall, at the discretion of the Sec6 retary, revert to the United States. 

7 ‘‘(6) FUNDING.— 

8 ‘‘(A) IN GENERAL.—Of the amounts made 

9 available under section 10(a) of the Lake Tahoe 

10 Restoration Act (Public Law 106–506; 114 Stat. 

11 2351), $2,000,000 shall be made available to the 

12 Secretary to carry out the activities under para13 graphs (2), (3), and (4). 

14 ‘‘(B) OTHER FUNDS.—Of the amounts 

15 available to the Secretary under paragraph (1), 

16 not less than 50 percent shall be provided to the 

17 California Tahoe Conservancy to facilitate the 

18 conveyance of land described in paragraphs (2) 

19 and (3).’’. 

20 SEC. 3604. TUOLUMNE BAND OF ME-WUK INDIANS. 

21 (a) FEDERAL LAND.—Subject to valid existing rights, 

22 all right, title, and interest (including improvements and 

23 appurtenances) of the United States in and to the Federal 

24 land described in subsection (b) shall be held in trust by 
417 

•S 612 EAH 

1 the United States for the benefit of the Tuolumne Band of 

2 Me-Wuk Indians for nongaming purposes. 

3 (b) LAND DESCRIPTION.—The land taken into trust 

4 under subsection (a) is the approximately 80 acres of Fed5 eral land under the administrative jurisdiction of the 

6 United States Forest Service, located in Tuolumne County, 

7 California, and described as follows: 

8 (1) Southwest 1/4 of Southwest 1/4 of Section 2, 

9 Township 1 North, Range 16 East. 

10 (2) Northeast 1/4 of Northwest 1/4 of Section 11, 

11 Township 1 North, Range 16 East of the Mount Dia12 blo Meridian. 

13 (c) GAMING.—Class II and class III gaming (as those 

14 terms are defined in section 4 of the Indian Gaming Regu15 latory Act (25 U.S.C. 2703)) shall not be permitted at any 

16 time on the land taken into trust under subsection (a). 

17 SEC. 3605. SAN LUIS REY SETTLEMENT AGREEMENT IMPLE18 MENTATION. 

19 (a) SAN LUIS REY SETTLEMENT AGREEMENT IMPLE20 MENTATION.—The San Luis Rey Indian Water Rights Set21 tlement Act (Public Law 100–675) is amended by inserting 

22 after section 111 the following: 

23 ‘‘SEC. 112. IMPLEMENTATION OF SETTLEMENT. 

24 ‘‘(a) FINDINGS.—Congress finds and recognizes as fol25 lows: 
418 

•S 612 EAH 

1 ‘‘(1) The City of Escondido, California, the Vista 

2 Irrigation District, the San Luis Rey River Indian 

3 Water Authority, and the Bands have approved an 

4 agreement, dated December 5, 2014, resolving their 

5 disputes over the use of certain land and water rights 

6 in or near the San Luis Rey River watershed, the 

7 terms of which are consistent with this Act. 

8 ‘‘(2) The Bands, the San Luis Rey River Indian 

9 Water Authority, the City of Escondido, California, 

10 the Vista Irrigation District, and the United States 

11 have approved a Settlement Agreement dated Janu12 ary 30, 2015 (hereafter in this section referred to as 

13 the ‘Settlement Agreement’) that conforms to the re14 quirements of this Act. 

15 ‘‘(b) APPROVAL AND RATIFICATION.—All provisions of 

16 the Settlement Agreement, including the waivers and re17 leases of the liability of the United States, the provisions 

18 regarding allottees, and the provision entitled ‘Effect of Set19 tlement Agreement and Act,’ are hereby approved and rati20 fied. 

21 ‘‘(c) AUTHORIZATIONS.—The Secretary and the Attor22 ney General are authorized to execute, on behalf of the 

23 United States, the Settlement Agreement and any amend24 ments approved by the parties as necessary to make the Set25 tlement Agreement consistent with this Act. Such execution 
419 

•S 612 EAH 

1 shall not constitute a major Federal action under the Na2 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.). The Secretary is further authorized and directed 

4 to take all steps that the Secretary may deem necessary or 

5 appropriate to implement the Settlement Agreement and 

6 this Act. 

7 ‘‘(d) CONTINUED FEDERALLY RESERVED AND OTHER

8 WATER RIGHTS.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of law, including any provisions in this 

11 Act, the Bands had, have, and continue to possess fed12 erally reserved rights and other water rights held in 

13 trust by the United States. 

14 ‘‘(2) FUTURE PROCEEDINGS.—In any proceeding 

15 involving the assertion, enforcement, or defense of the 

16 rights described in this subsection, the United States, 

17 in its capacity as trustee for any Band, shall not be 

18 a required party and any decision by the United 

19 States regarding participation in any such pro20 ceeding shall not be subject to judicial review or give 

21 rise to any claim for relief against the United States. 

22 ‘‘(e) ALLOTTEES.—Congress finds and confirms that 

23 the benefits to allottees in the Settlement Agreement, includ24 ing the remedies and provisions requiring that any rights 

25 of allottees shall be satisfied from supplemental water and 
420 

•S 612 EAH 

1 other water available to the Bands or the Indian Water Au2 thority, are equitable and fully satisfy the water rights of 

3 the allottees. 

4 ‘‘(f) NO PRECEDENT.—Nothing in this Act shall be 

5 construed or interpreted as a precedent for the litigation 

6 or settlement of Indian reserved water rights.’’. 

7 (b) DISBURSEMENT OF FUNDS.—The second sentence 

8 of section 105(b)(1) of the San Luis Rey Indian Water 

9 Rights Settlement Act (Public Law 100–675) is amended 

10 by striking the period at the end, and inserting the fol11 lowing: ‘‘, provided that— 

12 ‘‘(i) no more than $3,700,000 per year 

13 (in principal, interest or both) may be so 

14 allocated; and 

15 ‘‘(ii) none of the funds made available 

16 by this section shall be available unless the 

17 Director of the Office of Management and 

18 Budget first certifies in writing to the Com19 mittee on Natural Resources of the House of 

20 Representatives and the Committee on In21 dian Affairs of the Senate that the federal 

22 budget will record budgetary outlays from 

23 the San Luis Rey Tribal Development Fund 

24 of only the monies, not to exceed $3,700,000 

25 annually, that the Secretary of the Treas-
421 

•S 612 EAH 

1 ury, pursuant to this section, allocates and 

2 makes available to the Indian Water Au3 thority from the trust fund.’’. 

4 SEC. 3606. TULE RIVER INDIAN TRIBE. 

5 (a) IN GENERAL.—Subject to subsection (b), valid, ex6 isting rights, and management agreements related to ease7 ments and rights-of-way, all right, title, and interest (in8 cluding improvements and appurtenances) of the United 

9 States in and to the approximately 34 acres of Federal 

10 lands generally depicted on the map titled ‘‘Proposed Lands 

11 to be Held in Trust for the Tule River Tribe’’ and dated 

12 May 14, 2015, are hereby held in trust by the United States 

13 for the benefit of the Tule River Indian Tribe. 

14 (b) EASEMENTS AND RIGHTS-OF-WAY.—For the pur15 poses of subsection (a), valid, existing rights include any 

16 easement or right-of-way for which an application is pend17 ing with the Bureau of Land Management on the date of 

18 the enactment of this Act. If such application is denied 

19 upon final action, the valid, existing right related to the 

20 application shall cease to exist. 

21 (c) AVAILABILITY OF MAP.—The map referred to in 

22 subsection (a) shall be on file and available for public in23 spection at the office of the California State Director, Bu24 reau of Land Management. 

25 (d) CONVERSION OF VALID, EXISTING RIGHTS.— 
422 

•S 612 EAH 

1 (1) CONTINUITY OF USE.—Any person claiming 

2 in good faith to have valid, existing rights to lands 

3 taken into trust by this section may continue to exer4 cise such rights to the same extent that the rights were 

5 exercised before the date of the enactment of this Act 

6 until the Secretary makes a determination on an ap7 plication submitted under paragraph (2)(B) or the 

8 application is deemed to be granted under paragraph 

9 (3). 

10 (2) NOTICE AND APPLICATION.—Consistent with 

11 sections 2800 through 2880 of title 43, Code of Fed12 eral Regulations, as soon as practicable after the date 

13 of the enactment of this Act, the Secretary of the Inte14 rior shall notify any person that claims to have valid, 

15 existing rights, such as a management agreement, 

16 easement, or other right-of-way, to lands taken into 

17 trust under subsection (a) that— 

18 (A) such lands have been taken into trust; 

19 and 

20 (B) the person claiming the valid, existing 

21 rights has 60 days to submit an application to 

22 the Secretary requesting that the valid, existing 

23 rights be converted to a long-term easement or 

24 other right-of-way. 
423 

•S 612 EAH 

1 (3) DETERMINATION.—The Secretary of the Inte2 rior shall grant or deny an application submitted 

3 under paragraph (2)(B) not later than 180 days after 

4 the application is submitted. Such a determination 

5 shall be considered a final action. If the Secretary 

6 does not make a determination within 180 days after 

7 the application is submitted, the application shall be 

8 deemed to be granted. 

9 (e) RESTRICTION ON GAMING.—Lands taken into trust 

10 pursuant to subsection (a) shall not be considered to have 

11 been taken into trust for, and shall not be eligible for, class 

12 II gaming or class III gaming (as those terms are defined 

13 in section 4 of the Indian Gaming Regulatory Act (25 

14 U.S.C. 2703)). 

15 SEC. 3607. MORONGO BAND OF MISSION INDIANS. 

16 (a) DEFINITIONS.—For the purposes of this section, the 

17 following definitions apply: 

18 (1) BANNING.—The term ‘‘Banning’’ means the 

19 City of Banning, which is located in Riverside Coun20 ty, California adjacent to the Morongo Indian Res21 ervation. 

22 (2) FIELDS.—The term ‘‘Fields’’ means Lloyd L. 

23 Fields, the owner of record of Parcel A. 

24 (3) MAP.—The term ‘‘map’’ means the map enti25 tled ‘Morongo Indian Reservation, County of River-
424 

•S 612 EAH 

1 side, State of California Land Exchange Map’, and 

2 dated May 22, 2014, which is on file in the Bureau 

3 of Land Management State Office in Sacramento, 

4 California. 

5 (4) PARCEL A.—The term ‘‘Parcel A’’ means the 

6 approximately 41.15 acres designated on the map as 

7 ‘‘Fields lands’’. 

8 (5) PARCEL B.—The term ‘‘Parcel B’’ means the 

9 approximately 41.15 acres designated on the map as 

10 ‘‘Morongo lands’’. 

11 (6) PARCEL C.—The term ‘‘Parcel C’’ means the 

12 approximately 1.21 acres designated on the map as 

13 ‘‘Banning land’’. 

14 (7) PARCEL D.—The term ‘‘Parcel D’’ means the 

15 approximately 1.76 acres designated on the map as 

16 ‘‘Easement to Banning’’. 

17 (8) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (9) TRIBE.—The term ‘‘Tribe’’ means the 

20 Morongo Band of Mission Indians, a federally recog21 nized Indian tribe. 

22 (b) TRANSFER OF LANDS; TRUST LANDS, EASE23 MENT.— 

24 (1) TRANSFER OF PARCEL A AND PARCEL B AND

25 EASEMENT OVER PARCEL D.—Subject to any valid ex-
425 

•S 612 EAH 

1 isting rights of any third parties and to legal review 

2 and approval of the form and content of any and all 

3 instruments of conveyance and policies of title insur4 ance, upon receipt by the Secretary of confirmation 

5 that Fields has duly executed and deposited with a 

6 mutually acceptable and jointly instructed escrow 

7 holder in California a deed conveying clear and 

8 unencumbered title to Parcel A to the United States 

9 in trust for the exclusive use and benefit of the Tribe, 

10 and upon receipt by Fields of confirmation that the 

11 Secretary has duly executed and deposited into escrow 

12 with the same mutually acceptable and jointly in13 structed escrow holder a patent conveying clear and 

14 unencumbered title in fee simple to Parcel B to Fields 

15 and has duly executed and deposited into escrow with 

16 the same mutually acceptable and jointly instructed 

17 escrow holder an easement to the City for a public 

18 right-of-way over Parcel D, the Secretary shall in19 struct the escrow holder to simultaneously cause— 

20 (A) the patent to Parcel B to be recorded 

21 and issued to Fields; 

22 (B) the easement over Parcel D to be re23 corded and issued to the City; and 

24 (C) the deed to Parcel A to be delivered to 

25 the Secretary, who shall immediately cause said 
426 

•S 612 EAH 

1 deed to be recorded and held in trust for the 

2 Tribe. 

3 (2) TRANSFER OF PARCEL C.—After the simulta4 neous transfer of parcels A, B, and D under para5 graph (1), upon receipt by the Secretary of confirma6 tion that the City has vacated its interest in Parcel 

7 C pursuant to all applicable State and local laws, the 

8 Secretary shall immediately cause Parcel C to be held 

9 in trust for the Tribe subject to— 

10 (A) any valid existing rights of any third 

11 parties; and 

12 (B) legal review and approval of the form 

13 and content of any and all instruments of con14 veyance. 

15 SEC. 3608. CHOCTAW NATION OF OKLAHOMA AND THE 

16 CHICKASAW NATION WATER SETTLEMENT. 

17 (a) PURPOSES.—The purposes of this section are— 

18 (1) to permanently resolve and settle those claims 

19 to Settlement Area Waters of the Choctaw Nation of 

20 Oklahoma and the Chickasaw Nation as set forth in 

21 the Settlement Agreement and this section, including 

22 all claims or defenses in and to Chickasaw Nation, 

23 Choctaw Nation v. Fallin et al., CIV 11–927 (W.D. 

24 Ok.), OWRB v. United States, et al. CIV 12–275 

25 (W.D. Ok.), or any future stream adjudication; 
427 

•S 612 EAH 

1 (2) to approve, ratify, and confirm the Settle2 ment Agreement; 

3 (3) to authorize and direct the Secretary of the 

4 Interior to execute the Settlement Agreement and to 

5 perform all obligations of the Secretary of the Interior 

6 under the Settlement Agreement and this section; 

7 (4) to approve, ratify, and confirm the amended 

8 storage contract among the State, the City and the 

9 Trust; 

10 (5) to authorize and direct the Secretary to ap11 prove the amended storage contract for the Corps of 

12 Engineers to perform all obligations under the 1974 

13 storage contract, the amended storage contract, and 

14 this section; and 

15 (6) to authorize all actions necessary for the 

16 United States to meet its obligations under the Settle17 ment Agreement, the amended storage contract, and 

18 this section. 

19 (b) DEFINITIONS.—In this section: 

20 (1) 1974 STORAGE CONTRACT.—The term ‘‘1974 

21 storage contract’’ means the contract approved by the 

22 Secretary on April 9, 1974, between the Secretary 

23 and the Water Conservation Storage Commission of 

24 the State of Oklahoma pursuant to section 301 of the 
428 

•S 612 EAH 

1 Water Supply Act of 1958, and other applicable Fed2 eral law. 

3 (2) 2010 AGREEMENT.—The term ‘‘2010 agree4 ment’’ means the agreement entered into among the 

5 OWRB and the Trust, dated June 15, 2010, relating 

6 to the assignment by the State of the 1974 storage 

7 contract and transfer of rights, title, interests, and ob8 ligations under that contract to the Trust, including 

9 the interests of the State in the conservation storage 

10 capacity and associated repayment obligations to the 

11 United States. 

12 (3) ADMINISTRATIVE SET-ASIDE SUB13 CONTRACTS.—The term ‘‘administrative set-aside sub14 contracts’’ means the subcontracts the City shall issue 

15 for the use of Conservation Storage Capacity in Sar16 dis Lake as provided by section 4 of the amended 

17 storage contract. 

18 (4) ALLOTMENT.—The term ‘‘allotment’’ means 

19 the land within the Settlement Area held by an allot20 tee subject to a statutory restriction on alienation or 

21 held by the United States in trust for the benefit of 

22 an allottee. 

23 (5) ALLOTTEE.—The term ‘‘allottee’’ means an 

24 enrolled member of the Choctaw Nation or citizen of 
429 

•S 612 EAH 

1 the Chickasaw Nation who, or whose estate, holds an 

2 interest in an allotment. 

3 (6) AMENDED PERMIT APPLICATION.—The term 

4 ‘‘amended permit application’’ means the permit ap5 plication of the City to the OWRB, No. 2007–17, as 

6 amended as provided by the Settlement Agreement. 

7 (7) AMENDED STORAGE CONTRACT TRANSFER

8 AGREEMENT; AMENDED STORAGE CONTRACT.—The 

9 terms ‘‘amended storage contract transfer agreement’’ 

10 and ‘‘amended storage contract’’ mean the 2010 

11 Agreement between the City, the Trust, and the 

12 OWRB, as amended, as provided by the Settlement 

13 Agreement and this section. 

14 (8) ATOKA AND SARDIS CONSERVATION

15 PROJECTS FUND.—The term ‘‘Atoka and Sardis Con16 servation Projects Fund’’ means the Atoka and Sardis 

17 Conservation Projects Fund established, funded, and 

18 managed in accordance with the Settlement Agree19 ment. 

20 (9) CITY.—The term ‘‘City’’ means the City of 

21 Oklahoma City, or the City and the Trust acting 

22 jointly, as applicable. 

23 (10) CITY PERMIT.—The term ‘‘City permit’’ 

24 means any permit issued to the City by the OWRB 
430 

•S 612 EAH 

1 pursuant to the amended permit application and con2 sistent with the Settlement Agreement. 

3 (11) CONSERVATION STORAGE CAPACITY.—The 

4 term ‘‘conservation storage capacity’’ means the total 

5 storage space as stated in the 1974 storage contract 

6 in Sardis Lake between elevations 599.0 feet above 

7 mean sea level and 542.0 feet above mean sea level, 

8 which is estimated to contain 297,200 acre-feet of 

9 water after adjustment for sediment deposits, and 

10 which may be used for municipal and industrial 

11 water supply, fish and wildlife, and recreation. 

12 (12) ENFORCEABILITY DATE.—The term ‘‘en13 forceability date’’ means the date on which the Sec14 retary of the Interior publishes in the Federal Reg15 ister a notice certifying that the conditions of sub16 section (i) have been satisfied. 

17 (13) FUTURE USE STORAGE.—The term ‘‘future 

18 use storage’’ means that portion of the conservation 

19 storage capacity that was designated by the 1974 

20 Contract to be utilized for future water use storage 

21 and was estimated to contain 155,500 acre feet of 

22 water after adjustment for sediment deposits, or 

23 52.322 percent of the conservation storage capacity. 
431 

•S 612 EAH 

1 (14) NATIONS.—The term ‘‘Nations’’ means, col2 lectively, the Choctaw Nation of Oklahoma (‘‘Choctaw 

3 Nation’’) and the Chickasaw Nation. 

4 (15) OWRB.—The term ‘‘OWRB’’ means the 

5 Oklahoma Water Resources Board. 

6 (16) SARDIS LAKE.—The term ‘‘Sardis Lake’’ 

7 means the reservoir, formerly known as Clayton Lake, 

8 whose dam is located in Section 19, Township 2 

9 North, Range 19 East of the Indian Meridian, 

10 Pushmataha County, Oklahoma, the construction, op11 eration, and maintenance of which was authorized by 

12 section 203 of the Flood Control Act of 1962 (Public 

13 Law 87–874; 76 Stat. 1187). 

14 (17) SETTLEMENT AGREEMENT.—The term ‘‘Set15 tlement Agreement’’ means the settlement agreement 

16 as approved by the Nations, the State, the City, and 

17 the Trust effective August 22, 2016, as revised to con18 form with this section, as applicable. 

19 (18) SETTLEMENT AREA.—The term ‘‘settlement 

20 area’’ means— 

21 (A) the area lying between— 

22 (i) the South Canadian River and Ar23 kansas River to the north; 

24 (ii) the Oklahoma–Texas State line to 

25 the south; 
432 

•S 612 EAH 

1 (iii) the Oklahoma–Arkansas State line 

2 to the east; and 

3 (iv) the 98th Meridian to the west; and 

4 (B) the area depicted in Exhibit 1 to the 

5 Settlement Agreement and generally including 

6 the following counties, or portions of, in the 

7 State: 

8 (i) Atoka. 

9 (ii) Bryan. 

10 (iii) Carter. 

11 (iv) Choctaw. 

12 (v) Coal. 

13 (vi) Garvin. 

14 (vii) Grady. 

15 (viii) McClain. 

16 (ix) Murray. 

17 (x) Haskell. 

18 (xi) Hughes. 

19 (xii) Jefferson. 

20 (xiii) Johnston. 

21 (xiv) Latimer. 

22 (xv) LeFlore. 

23 (xvi) Love. 

24 (xvii) Marshall. 

25 (xviii) McCurtain. 
433 

•S 612 EAH 

1 (xix) Pittsburgh. 

2 (xx) Pontotoc. 

3 (xxi) Pushmataha. 

4 (xxii) Stephens. 

5 (19) SETTLEMENT AREA WATERS.—The term 

6 ‘‘settlement area waters’’ means the waters located— 

7 (A) within the settlement area; and 

8 (B) within a basin depicted in Exhibit 10 

9 to the Settlement Agreement, including any of 

10 the following basins as denominated in the 2012 

11 Update of the Oklahoma Comprehensive Water 

12 Plan: 

13 (i) Beaver Creek (24, 25, and 26). 

14 (ii) Blue (11 and 12). 

15 (iii) Clear Boggy (9). 

16 (iv) Kiamichi (5 and 6). 

17 (v) Lower Arkansas (46 and 47). 

18 (vi) Lower Canadian (48, 56, 57, and 

19 58). 

20 (vii) Lower Little (2). 

21 (viii) Lower Washita (14). 

22 (ix) Mountain Fork (4). 

23 (x) Middle Washita (15 and 16). 

24 (xi) Mud Creek (23). 

25 (xii) Muddy Boggy (7 and 8). 
434 

•S 612 EAH 

1 (xiii) Poteau (44 and 45). 

2 (xiv) Red River Mainstem (1, 10, 13, 

3 and 21). 

4 (xv) Upper Little (3). 

5 (xvi) Walnut Bayou (22). 

6 (20) STATE.—The term ‘‘State’’ means the State 

7 of Oklahoma. 

8 (21) TRUST.— 

9 (A) IN GENERAL.—The term ‘‘Trust’’ means 

10 the Oklahoma City Water Utilities Trust, for11 merly known as the Oklahoma City Municipal 

12 Improvement Authority, a public trust estab13 lished pursuant to State law with the City as the 

14 beneficiary. 

15 (B) REFERENCES.—A reference in this sec16 tion to ‘‘Trust’’ refers to the Oklahoma City 

17 Water Utilities Trust, acting severally. 

18 (22) UNITED STATES.—The term ‘‘United 

19 States’’ means the United States of America acting in 

20 its capacity as trustee for the Nations, their respective 

21 members, citizens, and allottees, or as specifically 

22 stated or limited in any given reference herein, in 

23 which case it means the United States of America act24 ing in the capacity as set forth in said reference. 

25 (c) APPROVAL OF THE SETTLEMENT AGREEMENT.— 
435 

•S 612 EAH 

1 (1) RATIFICATION.— 

2 (A) IN GENERAL.—Except as modified by 

3 this section, and to the extent the Settlement 

4 Agreement does not conflict with this section, the 

5 Settlement Agreement is authorized, ratified, and 

6 confirmed. 

7 (B) AMENDMENTS.—If an amendment is 

8 executed to make the Settlement Agreement con9 sistent with this section, the amendment is also 

10 authorized, ratified and confirmed to the extent 

11 the amendment is consistent with this section. 

12 (2) EXECUTION OF SETTLEMENT AGREEMENT.— 

13 (A) IN GENERAL.—To the extent the Settle14 ment Agreement does not conflict with this sec15 tion, the Secretary of the Interior shall promptly 

16 execute the Settlement Agreement, including all 

17 exhibits to or parts of the Settlement Agreement 

18 requiring the signature of the Secretary of the 

19 Interior and any amendments necessary to make 

20 the Settlement Agreement consistent with this 

21 section. 

22 (B) NOT A MAJOR FEDERAL ACTION.—Exe23 cution of the Settlement Agreement by the Sec24 retary of the Interior under this subsection shall 

25 not constitute a major Federal action under the 
436 

•S 612 EAH 

1 National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.). 

3 (d) APPROVAL OF THE AMENDED STORAGE CONTRACT

4 AND 1974 STORAGE CONTRACT.— 

5 (1) RATIFICATION.— 

6 (A) IN GENERAL.—Except to the extent any 

7 provision of the amended storage contract con8 flicts with any provision of this section, the 

9 amended storage contract is authorized, ratified, 

10 and confirmed. 

11 (B) 1974 STORAGE CONTRACT.—To the ex12 tent the amended storage contract, as authorized, 

13 ratified, and confirmed, modifies or amends the 

14 1974 storage contract, the modification or 

15 amendment to the 1974 storage contract is au16 thorized, ratified, and confirmed. 

17 (C) AMENDMENTS.—To the extent an 

18 amendment is executed to make the amended 

19 storage contract consistent with this section, the 

20 amendment is authorized, ratified, and con21 firmed. 

22 (2) APPROVAL BY THE SECRETARY.—After the 

23 State and the City execute the amended storage con24 tract, the Secretary shall approve the amended storage 

25 contract. 
437 

•S 612 EAH 

1 (3) MODIFICATION OF SEPTEMBER 11, 2009, 

2 ORDER IN UNITED STATES V. OKLAHOMA WATER RE3 SOURCES BOARD, CIV 98–00521 (N.D. OK).—The Sec4 retary, through counsel, shall cooperate and work 

5 with the State to file any motion and proposed order 

6 to modify or amend the order of the United States 

7 District Court for the Northern District of Oklahoma 

8 dated September 11, 2009, necessary to conform the 

9 order to the amended storage contract transfer agree10 ment, the Settlement Agreement, and this section. 

11 (4) CONSERVATION STORAGE CAPACITY.—The al12 location of the use of the conservation storage capac13 ity in Sardis Lake for administrative set-aside sub14 contracts, City water supply, and fish and wildlife 

15 and recreation as provided by the amended storage 

16 contract is authorized, ratified and approved. 

17 (5) ACTIVATION; WAIVER.— 

18 (A) FINDINGS.—Congress finds that— 

19 (i) the earliest possible activation of 

20 any increment of future use storage in Sar21 dis Lake will not occur until after 2050; 

22 and 

23 (ii) the obligation to make annual pay24 ments for the Sardis future use storage op25 eration, maintenance and replacement costs, 
438 

•S 612 EAH 

1 capital costs, or interest attributable to Sar2 dis future use storage only arises if, and 

3 only to the extent, that an increment of 

4 Sardis future use storage is activated by 

5 withdrawal or release of water from the fu6 ture use storage that is authorized by the 

7 user for a consumptive use of water. 

8 (B) WAIVER OF OBLIGATIONS FOR STORAGE

9 THAT IS NOT ACTIVATED.—Notwithstanding sec10 tion 301 of the Water Supply Act of 1958 (43 

11 U.S.C. 390b), section 203 of the Flood Control 

12 Act of 1962 (Public Law 87–874; 76 Stat. 1187), 

13 the 1974 storage contract, or any other provision 

14 of law, effective as of January 1, 2050— 

15 (i) the entirety of any repayment obli16 gations (including interest), relating to that 

17 portion of conservation storage capacity al18 located by the 1974 storage contract to fu19 ture use storage in Sardis Lake is waived 

20 and shall be considered nonreimbursable; 

21 and 

22 (ii) any obligation of the State and, on 

23 execution and approval of the amended stor24 age contract, of the City and the Trust, 

25 under the 1974 storage contract regarding 
439 

•S 612 EAH 

1 capital costs and any operation, mainte2 nance, and replacement costs and interest 

3 otherwise attributable to future use storage 

4 in Sardis Lake is waived and shall be non5 reimbursable, if by January 1, 2050, the 

6 right to future use storage is not activated 

7 by the withdrawal or release of water from 

8 future use storage for an authorized con9 sumptive use of water. 

10 (6) CONSISTENT WITH AUTHORIZED PURPOSES; 

11 NO MAJOR OPERATIONAL CHANGE.— 

12 (A) CONSISTENT WITH AUTHORIZED PUR13 POSE.—The amended storage contract, the ap14 proval of the Secretary of the amended storage 

15 contract, and the waiver of future use storage 

16 under paragraph (5)— 

17 (i) are deemed consistent with the au18 thorized purposes for Sardis Lake as de19 scribed in section 203 of the Flood Control 

20 Act of 1962 (Public Law 87–874; 76 Stat. 

21 1187) and do not affect the authorized pur22 poses for which the project was authorized, 

23 surveyed, planned, and constructed; and 

24 (ii) shall not constitute a reallocation 

25 of storage. 
440 

•S 612 EAH 

1 (B) NO MAJOR OPERATIONAL CHANGE.—The 

2 amended storage contract, the approval of the 

3 Secretary of the amended storage contract, and 

4 the waiver of future use storage under paragraph 

5 (5) shall not constitute a major operational 

6 change under section 301(e) of the Water Supply 

7 Act of 1958 (43 U.S.C. 390b(e)). 

8 (7) NO FURTHER AUTHORIZATION REQUIRED.— 

9 This section shall be considered sufficient and com10 plete authorization, without further study or analysis, 

11 for— 

12 (A) the Secretary to approve the amended 

13 storage contract; and 

14 (B) after approval under subparagraph (A), 

15 the Corps of Engineers to manage storage in 

16 Sardis Lake pursuant to and in accordance with 

17 the 1974 storage contract, the amended storage 

18 contract, and the Settlement Agreement. 

19 (e) SETTLEMENT AREA WATERS.— 

20 (1) FINDINGS.—Congress finds that— 

21 (A) pursuant to the Atoka Agreement as 

22 ratified by section 29 of the Act of June 28, 1898 

23 (30 Stat. 505, chapter 517) (as modified by the 

24 Act of July 1, 1902 (32 Stat. 641, chapter 

25 1362)), the Nations issued patents to their re-
441 

•S 612 EAH 

1 spective tribal members and citizens and thereby 

2 conveyed to individual Choctaws and Chicka3 saws, all right, title, and interest in and to land 

4 that was possessed by the Nations, other than 

5 certain mineral rights; and 

6 (B) when title passed from the Nations to 

7 their respective tribal members and citizens, the 

8 Nations did not convey and those individuals 

9 did not receive any right of regulatory or sov10 ereign authority, including with respect to water. 

11 (2) PERMITTING, ALLOCATION, AND ADMINISTRA12 TION OF SETTLEMENT AREA WATERS PURSUANT TO

13 THE SETTLEMENT AGREEMENT.—Beginning on the 

14 enforceability date, settlement area waters shall be 

15 permitted, allocated, and administered by the OWRB 

16 in accordance with the Settlement Agreement and this 

17 section. 

18 (3) CHOCTAW NATION AND CHICKASAW NA19 TION.—Beginning on the enforceability date, the Na20 tions shall have the right to use and to develop the 

21 right to use settlement area waters only in accordance 

22 with the Settlement Agreement and this section. 

23 (4) WAIVER AND DELEGATION BY NATIONS.—In 

24 addition to the waivers under subsection (h), the Na25 tions, on their own behalf, shall permanently delegate 
442 

•S 612 EAH 

1 to the State any regulatory authority each Nation 

2 may possess over water rights on allotments, which 

3 the State shall exercise in accordance with the Settle4 ment Agreement and this subsection. 

5 (5) RIGHT TO USE WATER.— 

6 (A) IN GENERAL.—An allottee may use 

7 water on an allotment in accordance with the 

8 Settlement Agreement and this subsection. 

9 (B) SURFACE WATER USE.— 

10 (i) IN GENERAL.—An allottee may di11 vert and use, on the allotment of the allot12 tee, 6 acre-feet per year of surface water per 

13 160 acres, to be used solely for domestic uses 

14 on an allotment that constitutes riparian 

15 land under applicable State law as of the 

16 date of enactment of this Act. 

17 (ii) EFFECT OF STATE LAW.—The use 

18 of surface water described in clause (i) shall 

19 be subject to all rights and protections of 

20 State law, as of the date of enactment of 

21 this Act, including all protections against 

22 loss for nonuse. 

23 (iii) NO PERMIT REQUIRED.—An allot24 tee may divert water under this subsection 
443 

•S 612 EAH 

1 without a permit or any other authoriza2 tion from the OWRB. 

3 (C) GROUNDWATER USE.— 

4 (i) IN GENERAL.—An allottee may 

5 drill wells on the allotment of the allottee to 

6 take and use for domestic uses the greater 

7 of— 

8 (I) 5 acre-feet per year; or 

9 (II) any greater quantity allowed 

10 under State law. 

11 (ii) EFFECT OF STATE LAW.—The 

12 groundwater use described in clause (i) 

13 shall be subject to all rights and protections 

14 of State law, as of the date of enactment of 

15 this Act, including all protections against 

16 loss for nonuse. 

17 (iii) NO PERMIT REQUIRED.—An allot18 tee may drill wells and use water under this 

19 subsection without a permit or any other 

20 authorization from the OWRB. 

21 (D) FUTURE CHANGES IN STATE LAW.— 

22 (i) IN GENERAL.—If State law changes 

23 to limit use of water to a quantity that is 

24 less than the applicable quantity specified 

25 in subparagraph (B) or (C), as applicable, 
444 

•S 612 EAH 

1 an allottee shall retain the right to use 

2 water in accord with those subparagraphs, 

3 subject to paragraphs (6)(B)(iv) and (7). 

4 (ii) OPPORTUNITY TO BE HEARD.— 

5 Prior to taking any action to limit the use 

6 of water by an individual, the OWRB shall 

7 provide to the individual an opportunity to 

8 demonstrate that the individual is— 

9 (I) an allottee; and 

10 (II) using water on the allotment 

11 pursuant to and in accordance with 

12 the Settlement Agreement and this sec13 tion. 

14 (6) ALLOTTEE OPTIONS FOR ADDITIONAL

15 WATER.— 

16 (A) IN GENERAL.—To use a quantity of 

17 water in excess of the quantities provided under 

18 paragraph (5), an allottee shall— 

19 (i) file an action under subparagraph 

20 (B); or 

21 (ii) apply to the OWRB for a permit 

22 pursuant to, and in accordance with, State 

23 law. 

24 (B) DETERMINATION IN FEDERAL DISTRICT

25 COURT.— 
445 

•S 612 EAH 

1 (i) IN GENERAL.—In lieu of applying 

2 to the OWRB for a permit to use more 

3 water than is allowed under paragraph (5), 

4 an allottee may file an action in the United 

5 States District Court for the Western Dis6 trict of Oklahoma for determination of the 

7 right to water of the allottee. At least 90 

8 days prior to filing such an action, the al9 lottee shall provide written notice of the suit 

10 to the United States and the OWRB. For 

11 the United States, notice shall be provided 

12 to the Solicitor’s Office, Department of the 

13 Interior, Washington D.C., and to the Office 

14 of the Regional Director of the Muskogee Re15 gion, Bureau of Indian Affairs, Department 

16 of the Interior. 

17 (ii) JURISDICTION.—For purposes of 

18 this subsection— 

19 (I) the United States District 

20 Court for the Western District of Okla21 homa shall have jurisdiction; and 

22 (II) as part of the complaint, the 

23 allottee shall include certification of the 

24 pre-filing notice to the United States 

25 and OWRB required by subparagraph 
446 

•S 612 EAH 

1 (B)(i). If such certification is not in2 cluded with the complaint, the com3 plaint will be deemed filed 90 days 

4 after such certification is complete and 

5 filed with the court. Within 60 days 

6 after the complaint is filed or deemed 

7 filed or within such extended time as 

8 the District Court in its discretion 

9 may permit, the United States may 

10 appear or intervene. After such ap11 pearance, intervention or the expira12 tion of the said 60 days or any exten13 sion thereof, the proceedings and judg14 ment in such action shall bind the 

15 United States and the parties thereto 

16 without regard to whether the United 

17 States elects to appear or intervene in 

18 such action. 

19 (iii) REQUIREMENTS.—An allottee fil20 ing an action pursuant to this subpara21 graph shall— 

22 (I) join the OWRB as a party; 

23 and 

24 (II) publish notice in a newspaper 

25 of general circulation within the Settle-
447 

•S 612 EAH 

1 ment Area Hydrologic Basin for 2 con2 secutive weeks, with the first publica3 tion appearing not later than 30 days 

4 after the date on which the action is 

5 filed. 

6 (iv) DETERMINATION FINAL.— 

7 (I) IN GENERAL.—Subject to sub8 clause (II), if an allottee elects to have 

9 the rights of the allottee determined 

10 pursuant to this subparagraph, the de11 termination shall be final as to any 

12 rights under Federal law and in lieu of 

13 any rights to use water on an allot14 ment as provided in paragraph (5). 

15 (II) RESERVATION OF RIGHTS.— 

16 Subclause (I) shall not preclude an al17 lottee from— 

18 (aa) applying to the OWRB 

19 for water rights pursuant to State 

20 law; or 

21 (bb) using any rights allowed 

22 by State law that do not require 

23 a permit from the OWRB. 

24 (7) OWRB ADMINISTRATION AND ENFORCE25 MENT.— 
448 

•S 612 EAH 

1 (A) IN GENERAL.—If an allottee exercises 

2 any right under paragraph (5) or has rights de3 termined under paragraph (6)(B), the OWRB 

4 shall have jurisdiction to administer those rights. 

5 (B) CHALLENGES.—An allottee may chal6 lenge OWRB administration of rights deter7 mined under this paragraph, in the United 

8 States District Court for the Western District of 

9 Oklahoma. 

10 (8) PRIOR EXISTING STATE LAW RIGHTS.—Water 

11 rights held by an allottee as of the enforceability date 

12 pursuant to a permit issued by the OWRB shall be 

13 governed by the terms of that permit and applicable 

14 State law (including regulations). 

15 (f) CITY PERMIT FOR APPROPRIATION OF STREAM

16 WATER FROM THE KIAMICHI RIVER.—The City permit 

17 shall be processed, evaluated, issued, and administered con18 sistent with and in accordance with the Settlement Agree19 ment and this section. 

20 (g) SETTLEMENT COMMISSION.— 

21 (1) ESTABLISHMENT.—There is established a 

22 Settlement Commission. 

23 (2) MEMBERS.— 
449 

•S 612 EAH 

1 (A) IN GENERAL.—The Settlement Commis2 sion shall be comprised of 5 members, appointed 

3 as follows: 

4 (i) 1 by the Governor of the State. 

5 (ii) 1 by the Attorney General of the 

6 State. 

7 (iii) 1 by the Chief of the Choctaw Na8 tion. 

9 (iv) 1 by the Governor of the Chicka10 saw Nation. 

11 (v) 1 by agreement of the members de12 scribed in clauses (i) through (iv). 

13 (B) JOINTLY APPOINTED MEMBER.—If the 

14 members described in clauses (i) through (iv) of 

15 subparagraph (A) do not agree on a member ap16 pointed pursuant to subparagraph (A)(v)— 

17 (i) the members shall submit to the 

18 Chief Judge for the United States District 

19 Court for the Eastern District of Oklahoma, 

20 a list of not less than 3 persons; and 

21 (ii) from the list under clause (i), the 

22 Chief Judge shall make the appointment. 

23 (C) INITIAL APPOINTMENTS.—The initial 

24 appointments to the Settlement Commission 
450 

•S 612 EAH 

1 shall be made not later than 90 days after the 

2 enforceability date. 

3 (3) MEMBER TERMS.— 

4 (A) IN GENERAL.—Each Settlement Com5 mission member shall serve at the pleasure of ap6 pointing authority. 

7 (B) COMPENSATION.—A member of the Set8 tlement Commission shall serve without com9 pensation, but an appointing authority may re10 imburse the member appointed by the entity for 

11 costs associated with service on the Settlement 

12 Commission. 

13 (C) VACANCIES.—If a member of the Settle14 ment Commission is removed or resigns, the ap15 pointing authority shall appoint the replacement 

16 member. 

17 (D) JOINTLY APPOINTED MEMBER.—The 

18 member of the Settlement Commission described 

19 in paragraph (2)(A)(v) may be removed or re20 placed by a majority vote of the Settlement Com21 mission based on a failure of the member to 

22 carry out the duties of the member. 

23 (4) DUTIES.—The duties and authority of the 

24 Settlement Commission shall be set forth in the Settle25 ment Agreement, and the Settlement Commission 
451 

•S 612 EAH 

1 shall not possess or exercise any duty or authority not 

2 stated in the Settlement Agreement. 

3 (h) WAIVERS AND RELEASES OF CLAIMS.— 

4 (1) CLAIMS BY THE NATIONS AND THE UNITED

5 STATES AS TRUSTEE FOR THE NATIONS.—Subject to 

6 the retention of rights and claims provided in para7 graph (3) and except to the extent that rights are rec8 ognized in the Settlement Agreement or this section, 

9 the Nations, each in its own right and on behalf of 

10 itself and its respective citizens and members (but not 

11 individuals in their capacities as allottees), and the 

12 United States, acting as a trustee for the Nations (but 

13 not individuals in their capacities as allottees), shall 

14 execute a waiver and release of— 

15 (A) all of the following claims asserted or 

16 which could have been asserted in any pro17 ceeding filed or that could have been filed during 

18 the period ending on the enforceability date, in19 cluding Chickasaw Nation, Choctaw Nation v. 

20 Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. 

21 United States, et al. CIV 12–275 (W.D. Ok.), or 

22 any general stream adjudication, relating to— 

23 (i) claims to the ownership of water in 

24 the State; 
452 

•S 612 EAH 

1 (ii) claims to water rights and rights 

2 to use water diverted or taken from a loca3 tion within the State; 

4 (iii) claims to authority over the allo5 cation and management of water and ad6 ministration of water rights, including au7 thority over third-party ownership of or 

8 rights to use water diverted or taken from 

9 a location within the State and ownership 

10 or use of water on allotments by allottees or 

11 any other person using water on an allot12 ment with the permission of an allottee; 

13 (iv) claims that the State lacks author14 ity over the allocation and management of 

15 water and administration of water rights, 

16 including authority over the ownership of or 

17 rights to use water diverted or taken from 

18 a location within the State; 

19 (v) any other claim relating to the 

20 ownership of water, regulation of water, or 

21 authorized diversion, storage, or use of 

22 water diverted or taken from a location 

23 within the State, which claim is based on 

24 the status of the Chickasaw Nation’s or the 

25 Choctaw Nation’s unique sovereign status 
453 

•S 612 EAH 

1 and rights as defined by Federal law and 

2 alleged to arise from treaties to which they 

3 are signatories, including but not limited to 

4 the Treaty of Dancing Rabbit Creek, Act of 

5 Sept. 30, 1830, 7 Stat. 333, Treaty of 

6 Doaksville, Act of Jan. 17, 1837, 11 Stat. 

7 573, and the related March 23, 1842, patent 

8 to the Choctaw Nation; and 

9 (vi) claims or defenses asserted or 

10 which could have been asserted in Chicka11 saw Nation, Choctaw Nation v. Fallin et 

12 al., CIV 11–927 (W.D. Ok.), OWRB v. 

13 United States, et al. CIV 12–275 (W.D. 

14 Ok.), or any general stream adjudication; 

15 (B) all claims for damages, losses or inju16 ries to water rights or water, or claims of inter17 ference with, diversion, storage, taking, or use of 

18 water (including claims for injury to land re19 sulting from the damages, losses, injuries, inter20 ference with, diversion, storage, taking, or use of 

21 water) attributable to any action by the State, 

22 the OWRB, or any water user authorized pursu23 ant to State law to take or use water in the 

24 State, including the City, that accrued during 

25 the period ending on the enforceability date; 
454 

•S 612 EAH 

1 (C) all claims and objections relating to the 

2 amended permit application, and the City per3 mit, including— 

4 (i) all claims regarding regulatory con5 trol over or OWRB jurisdiction relating to 

6 the permit application and permit; and 

7 (ii) all claims for damages, losses or 

8 injuries to water rights or rights to use 

9 water, or claims of interference with, diver10 sion, storage, taking, or use of water (in11 cluding claims for injury to land resulting 

12 from the damages, losses, injuries, inter13 ference with, diversion, storage, taking, or 

14 use of water) attributable to the issuance 

15 and lawful exercise of the City permit; 

16 (D) all claims to regulatory control over the 

17 Permit Numbers P80–48 and 54–613 of the City 

18 for water rights from the Muddy Boggy River for 

19 Atoka Reservoir and P73–282D for water rights 

20 from the Muddy Boggy River, including McGee 

21 Creek, for the McGee Creek Reservoir; 

22 (E) all claims that the State lacks regu23 latory authority over or OWRB jurisdiction re24 lating to Permit Numbers P80–48 and 54–613 

25 for water rights from the Muddy Boggy River for 
455 

•S 612 EAH 

1 Atoka Reservoir and P73–282D for water rights 

2 from the Muddy Boggy River, including McGee 

3 Creek, for the McGee Creek Reservoir; 

4 (F) all claims to damages, losses or injuries 

5 to water rights or water, or claims of interference 

6 with, diversion, storage, taking, or use of water 

7 (including claims for injury to land resulting 

8 from such damages, losses, injuries, interference 

9 with, diversion, storage, taking, or use of water) 

10 attributable to the lawful exercise of Permit 

11 Numbers P80–48 and 54–613 for water rights 

12 from the Muddy Boggy River for Atoka Reservoir 

13 and P73–282D for water rights from the Muddy 

14 Boggy River, including McGee Creek, for the 

15 McGee Creek Reservoir, that accrued during the 

16 period ending on the enforceability date; 

17 (G) all claims and objections relating to the 

18 approval by the Secretary of the assignment of 

19 the 1974 storage contract pursuant to the 

20 amended storage contract; and 

21 (H) all claims for damages, losses, or inju22 ries to water rights or water, or claims of inter23 ference with, diversion, storage, taking, or use of 

24 water (including claims for injury to land re25 sulting from such damages, losses, injuries, inter-
456 

•S 612 EAH 

1 ference with, diversion, storage, taking, or use of 

2 water) attributable to the lawful exercise of 

3 rights pursuant to the amended storage contract. 

4 (2) WAIVERS AND RELEASES OF CLAIMS BY THE

5 NATIONS AGAINST THE UNITED STATES.—Subject to 

6 the retention of rights and claims provided in para7 graph (3) and except to the extent that rights are rec8 ognized in the Settlement Agreement or this section, 

9 the Nations are authorized to execute a waiver and 

10 release of all claims against the United States (in11 cluding any agency or employee of the United States) 

12 relating to— 

13 (A) all of the following claims asserted or 

14 which could have been asserted in any pro15 ceeding filed or that could have been filed by the 

16 United States as a trustee during the period end17 ing on the enforceability date, including Chicka18 saw Nation, Choctaw Nation v. Fallin et al., 

19 CIV 11–927 (W.D. Ok.) or OWRB v. United 

20 States, et al. CIV 12–275 (W.D. Ok.), or any 

21 general stream adjudication, relating to— 

22 (i) claims to the ownership of water in 

23 the State; 
457 

•S 612 EAH 

1 (ii) claims to water rights and rights 

2 to use water diverted or taken from a loca3 tion within the State; 

4 (iii) claims to authority over the allo5 cation and management of water and ad6 ministration of water rights, including au7 thority over third-party ownership of or 

8 rights to use water diverted or taken from 

9 a location within the State and ownership 

10 or use of water on allotments by allottees or 

11 any other person using water on an allot12 ment with the permission of an allottee; 

13 (iv) claims that the State lacks author14 ity over the allocation and management of 

15 water and administration of water rights, 

16 including authority over the ownership of or 

17 rights to use water diverted or taken from 

18 a location within the State; 

19 (v) any other claim relating to the 

20 ownership of water, regulation of water, or 

21 authorized diversion, storage, or use of 

22 water diverted or taken from a location 

23 within the State, which claim is based on 

24 the status of the Chickasaw Nation’s or the 

25 Choctaw Nation’s unique sovereign status 
458 

•S 612 EAH 

1 and rights as defined by Federal law and 

2 alleged to arise from treaties to which they 

3 are signatories, including but not limited to 

4 the Treaty of Dancing Rabbit Creek, Act of 

5 Sept. 30, 1830, 7 Stat. 333, Treaty of 

6 Doaksville, Act of Jan. 17, 1837, 11 Stat. 

7 573, and the related March 23, 1842, patent 

8 to the Choctaw Nation; and 

9 (vi) claims or defenses asserted or 

10 which could have been asserted in Chicka11 saw Nation, Choctaw Nation v. Fallin et 

12 al., CIV 11–927 (W.D. Ok.), OWRB v. 

13 United States, et al. CIV 12–275 (W.D. 

14 Ok.), or any general stream adjudication; 

15 (B) all claims for damages, losses or inju16 ries to water rights or water, or claims of inter17 ference with, diversion, storage, taking, or use of 

18 water (including claims for injury to land re19 sulting from the damages, losses, injuries, inter20 ference with, diversion, storage, taking, or use of 

21 water) attributable to any action by the State, 

22 the OWRB, or any water user authorized pursu23 ant to State law to take or use water in the 

24 State, including the City, that accrued during 

25 the period ending on the enforceability date; 
459 

•S 612 EAH 

1 (C) all claims and objections relating to the 

2 amended permit application, and the City per3 mit, including— 

4 (i) all claims regarding regulatory con5 trol over or OWRB jurisdiction relating to 

6 the permit application and permit; and 

7 (ii) all claims for damages, losses or 

8 injuries to water rights or rights to use 

9 water, or claims of interference with, diver10 sion, storage, taking, or use of water (in11 cluding claims for injury to land resulting 

12 from the damages, losses, injuries, inter13 ference with, diversion, storage, taking, or 

14 use of water) attributable to the issuance 

15 and lawful exercise of the City permit; 

16 (D) all claims to regulatory control over the 

17 Permit Numbers P80–48 and 54–613 for water 

18 rights from the Muddy Boggy River for Atoka 

19 Reservoir and P73–282D for water rights from 

20 the Muddy Boggy River, including McGee Creek, 

21 for the McGee Creek Reservoir; 

22 (E) all claims that the State lacks regu23 latory authority over or OWRB jurisdiction re24 lating to Permit Numbers P80–48 and 54–613 

25 for water rights from the Muddy Boggy River for 
460 

•S 612 EAH 

1 Atoka Reservoir and P73–282D for water rights 

2 from the Muddy Boggy River, including McGee 

3 Creek, for the McGee Creek Reservoir; 

4 (F) all claims to damages, losses or injuries 

5 to water rights or water, or claims of interference 

6 with, diversion, storage, taking, or use of water 

7 (including claims for injury to land resulting 

8 from the damages, losses, injuries, interference 

9 with, diversion, storage, taking, or use of water) 

10 attributable to the lawful exercise of Permit 

11 Numbers P80–48 and 54–613 for water rights 

12 from the Muddy Boggy River for Atoka Reservoir 

13 and P73–282D for water rights from the Muddy 

14 Boggy River, including McGee Creek, for the 

15 McGee Creek Reservoir, that accrued during the 

16 period ending on the enforceability date; 

17 (G) all claims and objections relating to the 

18 approval by the Secretary of the assignment of 

19 the 1974 storage contract pursuant to the 

20 amended storage contract; 

21 (H) all claims relating to litigation brought 

22 by the United States prior to the enforceability 

23 date of the water rights of the Nations in the 

24 State; and 
461 

•S 612 EAH 

1 (I) all claims relating to the negotiation, 

2 execution, or adoption of the Settlement Agree3 ment (including exhibits) or this section. 

4 (3) RETENTION AND RESERVATION OF CLAIMS BY

5 NATIONS AND THE UNITED STATES.— 

6 (A) IN GENERAL.—Notwithstanding the 

7 waiver and releases of claims authorized under 

8 paragraphs (1) and (2), the Nations and the 

9 United States, acting as trustee, shall retain— 

10 (i) all claims for enforcement of the 

11 Settlement Agreement and this section; 

12 (ii) all rights to use and protect any 

13 water right of the Nations recognized by or 

14 established pursuant to the Settlement 

15 Agreement, including the right to assert 

16 claims for injuries relating to the rights and 

17 the right to participate in any general 

18 stream adjudication, including any inter se 

19 proceeding; 

20 (iii) all claims under— 

21 (I) the Comprehensive Environ22 mental Response, Compensation, and 

23 Liability Act of 1980 (42 U.S.C. 9601 

24 et seq.), including for damages to nat25 ural resources; 
462 

•S 612 EAH 

1 (II) the Safe Drinking Water Act 

2 (42 U.S.C. 300f et seq.); 

3 (III) the Federal Water Pollution 

4 Control Act (33 U.S.C. 1251 et seq.); 

5 and 

6 (IV) any regulations imple7 menting the Acts described in items (I) 

8 through (III); 

9 (iv) all claims relating to damage, loss, 

10 or injury resulting from an unauthorized 

11 diversion, use, or storage of water, including 

12 damages, losses, or injuries to land or 

13 nonwater natural resources associated with 

14 any hunting, fishing, gathering, or cultural 

15 right; and 

16 (v) all rights, remedies, privileges, im17 munities, and powers not specifically 

18 waived and released pursuant to this sec19 tion or the Settlement Agreement. 

20 (B) AGREEMENT.— 

21 (i) IN GENERAL.—As provided in the 

22 Settlement Agreement, the Chickasaw Na23 tion shall convey an easement to the City, 

24 which easement shall be as described and 
463 

•S 612 EAH 

1 depicted in Exhibit 15 to the Settlement 

2 Agreement. 

3 (ii) APPLICATION.—The Chickasaw 

4 Nation and the City shall cooperate and co5 ordinate on the submission of an applica6 tion for approval by the Secretary of the In7 terior of the conveyance under clause (i), in 

8 accordance with applicable Federal law. 

9 (iii) RECORDING.—On approval by the 

10 Secretary of the Interior of the conveyance 

11 of the easement under this clause, the City 

12 shall record the easement. 

13 (iv) CONSIDERATION.—In exchange for 

14 conveyance of the easement under clause (i), 

15 the City shall pay to the Chickasaw Nation 

16 the value of past unauthorized use and con17 sideration for future use of the land bur18 dened by the easement, based on an ap19 praisal secured by the City and Nations 

20 and approved by the Secretary of the Inte21 rior. 

22 (4) EFFECTIVE DATE OF WAIVER AND RE23 LEASES.—The waivers and releases under this sub24 section take effect on the enforceability date. 
464 

•S 612 EAH 

1 (5) TOLLING OF CLAIMS.—Each applicable pe2 riod of limitation and time-based equitable defense re3 lating to a claim described in this subsection shall be 

4 tolled during the period beginning on the date of en5 actment of this Act and ending on the earlier of the 

6 enforceability date or the expiration date under sub7 section (i)(2). 

8 (i) ENFORCEABILITY DATE.— 

9 (1) IN GENERAL.—The Settlement Agreement 

10 shall take effect and be enforceable on the date on 

11 which the Secretary of the Interior publishes in the 

12 Federal Register a certification that— 

13 (A) to the extent the Settlement Agreement 

14 conflicts with this section, the Settlement Agree15 ment has been amended to conform with this sec16 tion; 

17 (B) the Settlement Agreement, as amended, 

18 has been executed by the Secretary of the Inte19 rior, the Nations, the Governor of the State, the 

20 OWRB, the City, and the Trust; 

21 (C) to the extent the amended storage con22 tract conflicts with this section, the amended 

23 storage contract has been amended to conform 

24 with this section; 
465 

•S 612 EAH 

1 (D) the amended storage contract, as 

2 amended to conform with this section, has 

3 been— 

4 (i) executed by the State, the City, and 

5 the Trust; and 

6 (ii) approved by the Secretary; 

7 (E) an order has been entered in United 

8 States v. Oklahoma Water Resources Board, Civ. 

9 98–C–521–E with any modifications to the order 

10 dated September 11, 2009, as provided in the 

11 Settlement Agreement; 

12 (F) orders of dismissal have been entered in 

13 Chickasaw Nation, Choctaw Nation v. Fallin et 

14 al., Civ 11–297 (W.D. Ok.) and OWRB v. 

15 United States, et al. Civ 12–275 (W.D. Ok.) as 

16 provided in the Settlement Agreement; 

17 (G) the OWRB has issued the City Permit; 

18 (H) the final documentation of the 

19 Kiamichi Basin hydrologic model is on file at 

20 the Oklahoma City offices of the OWRB; and 

21 (I) the Atoka and Sardis Conservation 

22 Projects Fund has been funded as provided in 

23 the Settlement Agreement. 

24 (2) EXPIRATION DATE.—If the Secretary of the 

25 Interior fails to publish a statement of findings under 
466 

•S 612 EAH 

1 paragraph (1) by not later than September 30, 2020, 

2 or such alternative later date as is agreed to by the 

3 Secretary of the Interior, the Nations, the State, the 

4 City, and the Trust under paragraph (4), the fol5 lowing shall apply: 

6 (A) This section, except for this subsection 

7 and any provisions of this section that are nec8 essary to carry out this subsection (but only for 

9 purposes of carrying out this subsection) are not 

10 effective beginning on September 30, 2020, or the 

11 alternative date. 

12 (B) The waivers and release of claims, and 

13 the limited waivers of sovereign immunity, shall 

14 not become effective. 

15 (C) The Settlement Agreement shall be null 

16 and void, except for this paragraph and any 

17 provisions of the Settlement Agreement that are 

18 necessary to carry out this paragraph. 

19 (D) Except with respect to this paragraph, 

20 the State, the Nations, the City, the Trust, and 

21 the United States shall not be bound by any obli22 gations or benefit from any rights recognized 

23 under the Settlement Agreement. 

24 (E) If the City permit has been issued, the 

25 permit shall be null and void, except that the 
467 

•S 612 EAH 

1 City may resubmit to the OWRB, and the 

2 OWRB shall be considered to have accepted, 

3 OWRB permit application No. 2007–017 with4 out having waived the original application pri5 ority date and appropriative quantities. 

6 (F) If the amended storage contract has 

7 been executed or approved, the contract shall be 

8 null and void, and the 2010 agreement shall be 

9 considered to be in force and effect as between the 

10 State and the Trust. 

11 (G) If the Atoka and Sardis Conservation 

12 Projects Fund has been established and funded, 

13 the funds shall be returned to the respective fund14 ing parties with any accrued interest. 

15 (3) NO PREJUDICE.—The occurrence of the expi16 ration date under paragraph (2) shall not in any 

17 way prejudice— 

18 (A) any argument or suit that the Nations 

19 may bring to contest— 

20 (i) the pursuit by the City of OWRB 

21 permit application No. 2007–017, or a 

22 modified version; or 

23 (ii) the 2010 agreement; 

24 (B) any argument, defense, or suit the State 

25 may bring or assert with regard to the claims of 
468 

•S 612 EAH 

1 the Nations to water or over water in the settle2 ment area; or 

3 (C) any argument, defense or suit the City 

4 may bring or assert— 

5 (i) with regard to the claims of the Na6 tions to water or over water in the settle7 ment area relating to OWRB permit appli8 cation No. 2007–017, or a modified version; 

9 or 

10 (ii) to contest the 2010 agreement. 

11 (4) EXTENSION.—The expiration date under 

12 paragraph (2) may be extended in writing if the Na13 tions, the State, the OWRB, the United States, and 

14 the City agree that an extension is warranted. 

15 (j) JURISDICTION, WAIVERS OF IMMUNITY FOR INTER16 PRETATION AND ENFORCEMENT.— 

17 (1) JURISDICTION.— 

18 (A) IN GENERAL.— 

19 (i) EXCLUSIVE JURISDICTION.—The 

20 United States District Court for the West21 ern District of Oklahoma shall have exclu22 sive jurisdiction for all purposes and for all 

23 causes of action relating to the interpreta24 tion and enforcement of the Settlement 

25 Agreement, the amended storage contract, or 
469 

•S 612 EAH 

1 interpretation or enforcement of this section, 

2 including all actions filed by an allottee 

3 pursuant to subsection (e)(6)(B). 

4 (ii) RIGHT TO BRING ACTION.—The 

5 Choctaw Nation, the Chickasaw Nation, the 

6 State, the City, the Trust, and the United 

7 States shall each have the right to bring an 

8 action pursuant to this section. 

9 (iii) NO ACTION IN OTHER COURTS.— 

10 No action may be brought in any other Fed11 eral, Tribal, or State court or administra12 tive forum for any purpose relating to the 

13 Settlement Agreement, amended storage con14 tract, or this section. 

15 (iv) NO MONETARY JUDGMENT.—Noth16 ing in this section authorizes any money 

17 judgment or otherwise allows the payment 

18 of funds by the United States, the Nations, 

19 the State (including the OWRB), the City, 

20 or the Trust. 

21 (B) NOTICE AND CONFERENCE.—An entity 

22 seeking to interpret or enforce the Settlement 

23 Agreement shall comply with the following: 

24 (i) Any party asserting noncompliance 

25 or seeking interpretation of the Settlement 
470 

•S 612 EAH 

1 Agreement or this section shall first serve 

2 written notice on the party alleged to be in 

3 breach of the Settlement Agreement or viola4 tion of this section. 

5 (ii) The notice under clause (i) shall 

6 identify the specific provision of the Settle7 ment Agreement or this section alleged to 

8 have been violated or in dispute and shall 

9 specify in detail the contention of the party 

10 asserting the claim and any factual basis 

11 for the claim. 

12 (iii) Representatives of the party alleg13 ing a breach or violation and the party al14 leged to be in breach or violation shall meet 

15 not later than 30 days after receipt of notice 

16 under clause (i) in an effort to resolve the 

17 dispute. 

18 (iv) If the matter is not resolved to the 

19 satisfaction of the party alleging breach not 

20 later than 90 days after the original notice 

21 under clause (i), the party may take any 

22 appropriate enforcement action consistent 

23 with the Settlement Agreement and this sub24 section. 
471 

•S 612 EAH 

1 (2) LIMITED WAIVERS OF SOVEREIGN IMMU2 NITY.— 

3 (A) IN GENERAL.—The United States and 

4 the Nations may be joined in an action filed in 

5 the United States District Court for the Western 

6 District of Oklahoma. 

7 (B) UNITED STATES IMMUNITY.—Any claim 

8 by the United States to sovereign immunity from 

9 suit is irrevocably waived for any action brought 

10 by the State, the Chickasaw Nation, the Choctaw 

11 Nation, the City, or the Trust in the Western 

12 District of Oklahoma relating to interpretation 

13 or enforcement of the Settlement Agreement or 

14 this section, including of the appellate jurisdic15 tion of the United States Court of Appeals for 

16 the Tenth Circuit and the Supreme Court of the 

17 United States. 

18 (C) CHICKASAW NATION IMMUNITY.—For 

19 the exclusive benefit of the State (including the 

20 OWRB), the City, the Trust, the Choctaw Na21 tion, and the United States, the sovereign immu22 nity of the Chickasaw Nation from suit is 

23 waived solely for any action brought in the West24 ern District of Oklahoma relating to interpreta25 tion or enforcement of the Settlement Agreement 
472 

•S 612 EAH 

1 or this section, if the action is brought by the 

2 State or the OWRB, the City, the Trust, the 

3 Choctaw Nation, or the United States, including 

4 the appellate jurisdiction of the United States 

5 Court of Appeals for the Tenth Circuit and the 

6 Supreme Court of the United States. 

7 (D) CHOCTAW NATION IMMUNITY.—For the 

8 exclusive benefit of the State (including of the 

9 OWRB), the City, the Trust, the Chickasaw Na10 tion, and the United States, the Choctaw Nation 

11 shall expressly and irrevocably consent to a suit 

12 and waive sovereign immunity from a suit solely 

13 for any action brought in the Western District of 

14 Oklahoma relating to interpretation or enforce15 ment of the Settlement Agreement or this section, 

16 if the action is brought by the State, the OWRB, 

17 the City, the Trust, the Chickasaw Nation, or the 

18 United States, including the appellate jurisdic19 tion of the United States Court of Appeals for 

20 the Tenth Circuit and the Supreme Court of the 

21 United States. 

22 (k) DISCLAIMER.— 

23 (1) IN GENERAL.—The Settlement Agreement ap24 plies only to the claims and rights of the Nations. 
473 

•S 612 EAH 

1 (2) NO PRECEDENT.—Nothing in this section or 

2 the Settlement Agreement shall be construed in any 

3 way to quantify, establish, or serve as precedent re4 garding the land and water rights, claims, or entitle5 ments to water of any American Indian Tribe other 

6 than the Nations, including any other American In7 dian Tribe in the State. 

8 (3) LIMITATION.—Nothing in the Settlement 

9 Agreement— 

10 (A) affects the ability of the United States, 

11 acting as sovereign, to take actions authorized by 

12 law, including any laws related to health, safety, 

13 or the environment, including— 

14 (i) the Comprehensive Environmental 

15 Response, Compensation, and Liability Act 

16 of 1980 (42 U.S.C. 9601 et seq.); 

17 (ii) the Safe Drinking Water Act (42 

18 U.S.C. 300f et seq.); 

19 (iii) the Federal Water Pollution Con20 trol Act (33 U.S.C. 1251 et seq.); and 

21 (iv) any regulations implementing the 

22 Acts described in this section; 

23 (B) affects the ability of the United States 

24 to raise defenses based on 43 U.S.C. 666(a); and 
474 

•S 612 EAH 

1 (C) affects any rights, claims, or defenses 

2 the United States may have with respect to the 

3 use of water on Federal lands in the Settlement 

4 Area that are not trust lands or Allotments. 

5 Subtitle G—Blackfeet Water Rights 

6 Settlement 

7 SEC. 3701. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Blackfeet Water 

9 Rights Settlement Act’’. 

10 SEC. 3702. PURPOSES. 

11 The purposes of this subtitle are— 

12 (1) to achieve a fair, equitable, and final settle13 ment of claims to water rights in the State of Mon14 tana for— 

15 (A) the Blackfeet Tribe of the Blackfeet In16 dian Reservation; and 

17 (B) the United States, for the benefit of the 

18 Tribe and allottees; 

19 (2) to authorize, ratify, and confirm the water 

20 rights compact entered into by the Tribe and the 

21 State, to the extent that the Compact is consistent 

22 with this subtitle; 

23 (3) to authorize and direct the Secretary of the 

24 Interior— 

25 (A) to execute the Compact; and 
475 

•S 612 EAH 

1 (B) to take any other action necessary to 

2 carry out the Compact in accordance with this 

3 subtitle; and 

4 (4) to authorize funds necessary for the imple5 mentation of the Compact and this subtitle. 

6 SEC. 3703. DEFINITIONS. 

7 In this subtitle: 

8 (1) ALLOTTEE.—The term ‘‘allottee’’ means any 

9 individual who holds a beneficial real property inter10 est in an allotment of Indian land that is— 

11 (A) located within the Reservation; and 

12 (B) held in trust by the United States. 

13 (2) BIRCH CREEK AGREEMENT.—The term 

14 ‘‘Birch Creek Agreement’’ means— 

15 (A) the agreement between the Tribe and the 

16 State regarding Birch Creek water use dated 

17 January 31, 2008 (as amended on February 13, 

18 2009); and 

19 (B) any amendment or exhibit (including 

20 exhibit amendments) to that agreement that is 

21 executed in accordance with this subtitle. 

22 (3) BLACKFEET IRRIGATION PROJECT.—The 

23 term ‘‘Blackfeet Irrigation Project’’ means the irriga24 tion project authorized by the matter under the head25 ing ‘‘Montana’’ of title II of the Act of March 1, 1907 
476 

•S 612 EAH 

1 (34 Stat. 1035, chapter 2285), and administered by 

2 the Bureau of Indian Affairs. 

3 (4) COMPACT.—The term ‘‘Compact’’ means— 

4 (A) the Blackfeet-Montana water rights 

5 compact dated April 15, 2009, as contained in 

6 section 85–20–1501 of the Montana Code Anno7 tated (2015); and 

8 (B) any amendment or exhibit (including 

9 exhibit amendments) to the Compact that is exe10 cuted to make the Compact consistent with this 

11 subtitle. 

12 (5) ENFORCEABILITY DATE.—The term ‘‘enforce13 ability date’’ means the date described in section 

14 3720(f). 

15 (6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ 

16 means the water impounded on the Marias River in 

17 the State by Tiber Dam, a feature of the Lower 

18 Marias Unit of the Pick-Sloan Missouri River Basin 

19 Program authorized by section 9 of the Act of Decem20 ber 22, 1944 (commonly known as the ‘‘Flood Control 

21 Act of 1944’’) (58 Stat. 891, chapter 665). 

22 (7) MILK RIVER BASIN.—The term ‘‘Milk River 

23 Basin’’ means the North Fork, Middle Fork, South 

24 Fork, and main stem of the Milk River and tribu-
477 

•S 612 EAH 

1 taries, from the headwaters to the confluence with the 

2 Missouri River. 

3 (8) MILK RIVER PROJECT.— 

4 (A) IN GENERAL.—The term ‘‘Milk River 

5 Project’’ means the Bureau of Reclamation 

6 project conditionally approved by the Secretary 

7 on March 14, 1903, pursuant to the Act of June 

8 17, 1902 (32 Stat. 388, chapter 1093), com9 mencing at Lake Sherburne Reservoir and pro10 viding water to a point approximately 6 miles 

11 east of Nashua, Montana. 

12 (B) INCLUSIONS.—The term ‘‘Milk River 

13 Project’’ includes— 

14 (i) the St. Mary Unit; 

15 (ii) the Fresno Dam and Reservoir; 

16 and 

17 (iii) the Dodson pumping unit. 

18 (9) MILK RIVER PROJECT WATER RIGHTS.—The 

19 term ‘‘Milk River Project water rights’’ means the 

20 water rights held by the Bureau of Reclamation on 

21 behalf of the Milk River Project, as finally adju22 dicated by the Montana Water Court. 

23 (10) MILK RIVER WATER RIGHT.—The term 

24 ‘‘Milk River water right’’ means the portion of the 
478 

•S 612 EAH 

1 Tribal water rights described in article III.F of the 

2 Compact and this subtitle. 

3 (11) MISSOURI RIVER BASIN.—The term ‘‘Mis4 souri River Basin’’ means the hydrologic basin of the 

5 Missouri River (including tributaries). 

6 (12) MR&I SYSTEM.—The term ‘‘MR&I System’’ 

7 means the intake, treatment, pumping, storage, pipe8 lines, appurtenant items, and any other feature of the 

9 system, as generally described in the document enti10 tled ‘‘Blackfeet Regional Water System’’, prepared by 

11 DOWL HKM, and dated June 2010, and modified by 

12 DOWL HKM, as set out in the addendum to the re13 port dated March 2013. 

14 (13) OM&R.—The term ‘‘OM&R’’ means— 

15 (A) any recurring or ongoing activity asso16 ciated with the day-to-day operation of a project; 

17 (B) any activity relating to scheduled or 

18 unscheduled maintenance of a project; and 

19 (C) any activity relating to replacing a fea20 ture of a project. 

21 (14) RESERVATION.—The term ‘‘Reservation’’ 

22 means the Blackfeet Indian Reservation of Montana, 

23 as— 

24 (A) established by the Treaty of October 17, 

25 1855 (11 Stat. 657); and 
479 

•S 612 EAH 

1 (B) modified by— 

2 (i) the Executive order of July 5, 1873 

3 (relating to the Blackfeet Reserve); 

4 (ii) the Act of April 15, 1874 (18 Stat. 

5 28, chapter 96); 

6 (iii) the Executive order of August 19, 

7 1874 (relating to the Blackfeet Reserve); 

8 (iv) the Executive order of April 13, 

9 1875 (relating to the Blackfeet Reserve); 

10 (v) the Executive order of July 13, 

11 1880 (relating to the Blackfeet Reserve); 

12 (vi) the Agreement with the Blackfeet, 

13 ratified by the Act of May 1, 1888 (25 Stat. 

14 113, chapter 213); and 

15 (vii) the Agreement with the Blackfeet, 

16 ratified by the Act of June 10, 1896 (29 

17 Stat. 353, chapter 398). 

18 (15) ST. MARY RIVER WATER RIGHT.—The term 

19 ‘‘St. Mary River water right’’ means that portion of 

20 the Tribal water rights described in article III.G.1.a.i. 

21 of the Compact and this subtitle. 

22 (16) ST. MARY UNIT.— 

23 (A) IN GENERAL.—The term ‘‘St. Mary 

24 Unit’’ means the St. Mary Storage Unit of the 
480 

•S 612 EAH 

1 Milk River Project authorized by Congress on 

2 March 25, 1905. 

3 (B) INCLUSIONS.—The term ‘‘St. Mary 

4 Unit’’ includes— 

5 (i) Sherburne Dam and Reservoir; 

6 (ii) Swift Current Creek Dike; 

7 (iii) Lower St. Mary Lake; 

8 (iv) St. Mary Canal Diversion Dam; 

9 and 

10 (v) St. Mary Canal and appur11 tenances. 

12 (17) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (18) STATE.—The term ‘‘State’’ means the State 

15 of Montana. 

16 (19) SWIFTCURRENT CREEK BANK STABILIZA17 TION PROJECT.—The term ‘‘Swiftcurrent Creek Bank 

18 Stabilization Project’’ means the project to mitigate 

19 the physical and environmental problems associated 

20 with the St. Mary Unit from Sherburne Dam to the 

21 St. Mary River, as described in the report entitled 

22 ‘‘Boulder/Swiftcurrent Creek Stabilization Project, 

23 Phase II Investigations Report’’, prepared by DOWL 

24 HKM, and dated March 2012. 
481 

•S 612 EAH 

1 (20) TRIBAL WATER RIGHTS.—The term ‘‘Tribal 

2 water rights’’ means the water rights of the Tribe de3 scribed in article III of the Compact and this subtitle, 

4 including— 

5 (A) the Lake Elwell allocation provided to 

6 the Tribe under section 3709; and 

7 (B) the instream flow water rights described 

8 in section 3719. 

9 (21) TRIBE.—The term ‘‘Tribe’’ means the 

10 Blackfeet Tribe of the Blackfeet Indian Reservation of 

11 Montana. 

12 SEC. 3704. RATIFICATION OF COMPACT. 

13 (a) RATIFICATION.— 

14 (1) IN GENERAL.—As modified by this subtitle, 

15 the Compact is authorized, ratified, and confirmed. 

16 (2) AMENDMENTS.—Any amendment to the 

17 Compact is authorized, ratified, and confirmed, to the 

18 extent that such amendment is executed to make the 

19 Compact consistent with this subtitle. 

20 (b) EXECUTION.— 

21 (1) IN GENERAL.—To the extent that the Com22 pact does not conflict with this subtitle, the Secretary 

23 shall execute the Compact, including all exhibits to, or 

24 parts of, the Compact requiring the signature of the 

25 Secretary. 
482 

•S 612 EAH 

1 (2) MODIFICATIONS.—Nothing in this subtitle 

2 precludes the Secretary from approving any modifica3 tion to an appendix or exhibit to the Compact that 

4 is consistent with this subtitle, to the extent that the 

5 modification does not otherwise require congressional 

6 approval under section 2116 of the Revised Statutes 

7 (25 U.S.C. 177) or any other applicable provision of 

8 Federal law. 

9 (c) ENVIRONMENTAL COMPLIANCE.— 

10 (1) IN GENERAL.—In implementing the Compact 

11 and this subtitle, the Secretary shall comply with all 

12 applicable provisions of— 

13 (A) the Endangered Species Act of 1973 (16 

14 U.S.C. 1531 et seq.); 

15 (B) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); and 

17 (C) all other applicable environmental laws 

18 and regulations. 

19 (2) EFFECT OF EXECUTION.— 

20 (A) IN GENERAL.—The execution of the 

21 Compact by the Secretary under this section 

22 shall not constitute a major Federal action for 

23 purposes of the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.). 
483 

•S 612 EAH 

1 (B) COMPLIANCE.—The Secretary shall 

2 carry out all Federal compliance activities nec3 essary to implement the Compact and this sub4 title. 

5 SEC. 3705. MILK RIVER WATER RIGHT. 

6 (a) IN GENERAL.—With respect to the Milk River 

7 water right, the Tribe— 

8 (1) may continue the historical uses and the uses 

9 in existence on the date of enactment of this Act; and 

10 (2) except as provided in article III.F.1.d of the 

11 Compact, shall not develop new uses until the date on 

12 which— 

13 (A) the Tribe has entered into the agreement 

14 described in subsection (c); or 

15 (B) the Secretary has established the terms 

16 and conditions described in subsection (e). 

17 (b) WATER RIGHTS ARISING UNDER STATE LAW.— 

18 With respect to any water rights arising under State law 

19 in the Milk River Basin owned or acquired by the Tribe, 

20 the Tribe— 

21 (1) may continue any use in existence on the 

22 date of enactment of this Act; and 

23 (2) shall not change any use until the date on 

24 which— 
484 

•S 612 EAH 

1 (A) the Tribe has entered into the agreement 

2 described in subsection (c); or 

3 (B) the Secretary has established the terms 

4 and conditions described in subsection (e). 

5 (c) TRIBAL AGREEMENT.— 

6 (1) IN GENERAL.—In consultation with the Com7 missioner of Reclamation and the Director of the Bu8 reau of Indian Affairs, the Tribe and the Fort 

9 Belknap Indian Community shall enter into an 

10 agreement to provide for the exercise of their respec11 tive water rights on the respective reservations of the 

12 Tribe and the Fort Belknap Indian Community in 

13 the Milk River. 

14 (2) CONSIDERATIONS.—The agreement entered 

15 into under paragraph (1) shall take into consider16 ation— 

17 (A) the equal priority dates of the 2 Indian 

18 tribes; 

19 (B) the water supplies of the Milk River; 

20 and 

21 (C) historical, current, and future uses 

22 identified by each Indian tribe. 

23 (d) SECRETARIAL DETERMINATION.— 

24 (1) IN GENERAL.—Not later than 120 days after 

25 the date on which the agreement described in sub-
485 

•S 612 EAH 

1 section (c) is submitted to the Secretary, the Secretary 

2 shall review and approve or disapprove the agree3 ment. 

4 (2) APPROVAL.—The Secretary shall approve the 

5 agreement if the Secretary finds that the agreement— 

6 (A) equitably accommodates the interests of 

7 each Indian tribe in the Milk River; 

8 (B) adequately considers the factors de9 scribed in subsection (c)(2); and 

10 (C) is otherwise in accordance with applica11 ble law. 

12 (3) DEADLINE EXTENSION.—The deadline to re13 view the agreement described in paragraph (1) may 

14 be extended by the Secretary after consultation with 

15 the Tribe and the Fort Belknap Indian Community. 

16 (e) SECRETARIAL DECISION.— 

17 (1) IN GENERAL.—If the Tribe and the Fort 

18 Belknap Indian Community do not, by 3 years after 

19 the Secretary certifies under section 3720(f)(5) that 

20 the Tribal membership has approved the Compact 

21 and this subtitle, enter into an agreement approved 

22 under subsection d(2), the Secretary, in the Sec23 retary’s sole discretion, shall establish, after consulta24 tion with the Tribe and the Fort Belknap Indian 

25 Community, terms and conditions that reflect the con-
486 

•S 612 EAH 

1 siderations described in subsection (c)(2) by which the 

2 respective water rights of the Tribe and the Fort 

3 Belknap Indian Community in the Milk River may 

4 be exercised. 

5 (2) CONSIDERATION AS FINAL AGENCY ACTION.— 

6 The establishment by the Secretary of terms and con7 ditions under paragraph (1) shall be considered to be 

8 a final agency action for purposes of review under 

9 chapter 7 of title 5, United States Code. 

10 (3) JUDICIAL REVIEW.—An action for judicial 

11 review pursuant to this section shall be brought by 

12 not later than the date that is 1 year after the date 

13 of notification of the establishment of the terms and 

14 conditions under this subsection. 

15 (4) INCORPORATION INTO DECREES.—The agree16 ment under subsection (c), or the decision of the Sec17 retary under this subsection, shall be filed with the 

18 Montana Water Court, or the district court with ju19 risdiction, for incorporation into the final decrees of 

20 the Tribe and the Fort Belknap Indian Community. 

21 (5) EFFECTIVE DATE.—The agreement under 

22 subsection (c) and a decision of the Secretary under 

23 this subsection— 

24 (A) shall be effective immediately; and 

25 (B) may not be modified absent— 
487 

•S 612 EAH 

1 (i) the approval of the Secretary; and 

2 (ii) the consent of the Tribe and the 

3 Fort Belknap Indian Community. 

4 (f) USE OF FUNDS.—The Secretary shall distribute 

5 equally the funds made available under section 

6 3718(a)(2)(C)(ii) to the Tribe and the Fort Belknap Indian 

7 Community to use to reach an agreement under this section, 

8 including for technical analyses and legal and other related 

9 efforts. 

10 SEC. 3706. WATER DELIVERY THROUGH MILK RIVER 

11 PROJECT. 

12 (a) IN GENERAL.—Subject to the availability of appro13 priations, the Secretary, acting through the Commissioner 

14 of Reclamation, shall carry out the activities authorized 

15 under this section with respect to the St. Mary River water 

16 right. 

17 (b) TREATMENT.—Notwithstanding article IV.D.4 of 

18 the Compact, any responsibility of the United States with 

19 respect to the St. Mary River water right shall be limited 

20 to, and fulfilled pursuant to— 

21 (1) subsection (c) of this section; and 

22 (2) subsection (b)(3) of section 3716 and sub23 section (a)(1)(C) of section 3718. 

24 (c) WATER DELIVERY CONTRACT.— 
488 

•S 612 EAH 

1 (1) IN GENERAL.—Not later than 180 days after 

2 the enforceability date, the Secretary shall enter into 

3 a water delivery contract with the Tribe for the deliv4 ery of not greater than 5,000 acre-feet per year of the 

5 St. Mary River water right through Milk River 

6 Project facilities to the Tribe or another entity speci7 fied by the Tribe. 

8 (2) TERMS AND CONDITIONS.—The contract 

9 under paragraph (1) shall establish the terms and 

10 conditions for the water deliveries described in para11 graph (1) in accordance with the Compact and this 

12 subtitle. 

13 (3) REQUIREMENTS.—The water delivery con14 tract under paragraph (1) shall include provisions re15 quiring that— 

16 (A) the contract shall be without limit as to 

17 term; 

18 (B) the Tribe, and not the United States, 

19 shall collect, and shall be entitled to, all consider20 ation due to the Tribe under any lease, contract, 

21 or agreement entered into by the Tribe pursuant 

22 to subsection (f); 

23 (C) the United States shall have no obliga24 tion to monitor, administer, or account for— 
489 

•S 612 EAH 

1 (i) any funds received by the Tribe as 

2 consideration under any lease, contract, or 

3 agreement entered into by the Tribe pursu4 ant to subsection (f); or 

5 (ii) the expenditure of such funds; 

6 (D) if water deliveries under the contract 

7 are interrupted for an extended period of time 

8 because of damage to, or a reduction in the ca9 pacity of, St. Mary Unit facilities, the rights of 

10 the Tribe shall be treated in the same manner as 

11 the rights of other contractors receiving water de12 liveries through the Milk River Project with re13 spect to the water delivered under this section; 

14 (E) deliveries of water under this section 

15 shall be— 

16 (i) limited to not greater than 5,000 

17 acre-feet of water in any 1 year; 

18 (ii) consistent with operations of the 

19 Milk River Project and without additional 

20 costs to the Bureau of Reclamation, includ21 ing OM&R costs; and 

22 (iii) without additional cost to the 

23 Milk River Project water users; and 

24 (F) the Tribe shall be required to pay 

25 OM&R for water delivered under this section. 
490 

•S 612 EAH 

1 (d) SHORTAGE SHARING OR REDUCTION.— 

2 (1) IN GENERAL.—The 5,000 acre-feet per year 

3 of water delivered under paragraph (3)(E)(i) of sub4 section (c) shall not be subject to shortage sharing or 

5 reduction, except as provided in paragraph (3)(D) of 

6 that subsection. 

7 (2) NO INJURY TO MILK RIVER PROJECT WATER

8 USERS.—Notwithstanding article IV.D.4 of the Com9 pact, any reduction in the Milk River Project water 

10 supply caused by the delivery of water under sub11 section (c) shall not constitute injury to Milk River 

12 Project water users. 

13 (e) SUBSEQUENT CONTRACTS.— 

14 (1) IN GENERAL.—As part of the studies author15 ized by section 3707(c)(1), the Secretary, acting 

16 through the Commissioner of Reclamation, and in co17 operation with the Tribe, shall identify alternatives to 

18 provide to the Tribe water from the St. Mary River 

19 water right in quantities greater than the 5,000 acre20 feet per year of water described in subsection 

21 (c)(3)(E)(i). 

22 (2) CONTRACT FOR WATER DELIVERY.—If the 

23 Secretary determines under paragraph (1) that more 

24 than 5,000 acre-feet per year of the St. Mary River 

25 water right can be delivered to the Tribe, the Sec-
491 

•S 612 EAH 

1 retary shall offer to enter into 1 or more contracts 

2 with the Tribe for the delivery of that water, subject 

3 to the requirements of subsection (c)(3) (except sub4 section (c)(3)(E)(i)) and this subsection. 

5 (3) TREATMENT.—Any delivery of water under 

6 this subsection shall be subject to reduction in the 

7 same manner as for Milk River Project contract hold8 ers. 

9 (f) SUBCONTRACTS.— 

10 (1) IN GENERAL.—The Tribe may enter into any 

11 subcontract for the delivery of water under this sec12 tion to a third party, in accordance with section 

13 3715(e). 

14 (2) COMPLIANCE WITH OTHER LAW.—All sub15 contracts described in paragraph (1) shall comply 

16 with— 

17 (A) this subtitle; 

18 (B) the Compact; 

19 (C) the tribal water code; and 

20 (D) other applicable law. 

21 (3) NO LIABILITY.—The Secretary shall not be 

22 liable to any party, including the Tribe, for any term 

23 of, or any loss or other detriment resulting from, a 

24 lease, contract, or other agreement entered into pursu25 ant to this subsection. 
492 

•S 612 EAH 

1 (g) EFFECT OF PROVISIONS.—Nothing in this sec2 tion— 

3 (1) precludes the Tribe from taking the water de4 scribed in subsection (c)(3)(E)(i), or any additional 

5 water provided under subsection (e), from the direct 

6 flow of the St. Mary River; or 

7 (2) modifies the quantity of the Tribal water 

8 rights described in article III.G.1. of the Compact. 

9 (h) OTHER RIGHTS.—Notwithstanding the require10 ments of article III.G.1.d of the Compact, after satisfaction 

11 of all water rights under State law for use of St. Mary 

12 River water, including the Milk River Project water rights, 

13 the Tribe shall have the right to the remaining portion of 

14 the share of the United States in the St. Mary River under 

15 the International Boundary Waters Treaty of 1909 (36 

16 Stat. 2448) for any tribally authorized use or need con17 sistent with this subtitle. 

18 SEC. 3707. BUREAU OF RECLAMATION ACTIVITIES TO IM19 PROVE WATER MANAGEMENT. 

20 (a) MILK RIVER PROJECT PURPOSES.—The purposes 

21 of the Milk River Project shall include— 

22 (1) irrigation; 

23 (2) flood control; 

24 (3) the protection of fish and wildlife; 

25 (4) recreation; 
493 

•S 612 EAH 

1 (5) the provision of municipal, rural, and indus2 trial water supply; and 

3 (6) hydroelectric power generation. 

4 (b) USE OF MILK RIVER PROJECT FACILITIES FOR

5 THE BENEFIT OF TRIBE.—The use of Milk River Project 

6 facilities to transport water for the Tribe pursuant to sub7 sections (c) and (e) of section 3706, together with any use 

8 by the Tribe of that water in accordance with this subtitle— 

9 (1) shall be considered to be an authorized pur10 pose of the Milk River Project; and 

11 (2) shall not change the priority date of any 

12 Tribal water rights. 

13 (c) ST. MARY RIVER STUDIES.— 

14 (1) IN GENERAL.—Subject to the availability of 

15 appropriations, the Secretary, in cooperation with the 

16 Tribe and the State, shall conduct— 

17 (A) an appraisal study— 

18 (i) to develop a plan for the manage19 ment and development of water supplies in 

20 the St. Mary River Basin and Milk River 

21 Basin, including the St. Mary River and 

22 Milk River water supplies for the Tribe and 

23 the Milk River water supplies for the Fort 

24 Belknap Indian Community; and 
494 

•S 612 EAH 

1 (ii) to identify alternatives to develop 

2 additional water of the St. Mary River for 

3 the Tribe; and 

4 (B) a feasibility study— 

5 (i) using the information resulting 

6 from the appraisal study conducted under 

7 subparagraph (A) and such other informa8 tion as is relevant, to evaluate the feasi9 bility of— 

10 (I) alternatives for the rehabilita11 tion of the St. Mary Diversion Dam 

12 and Canal; and 

13 (II) increased storage in Fresno 

14 Dam and Reservoir; and 

15 (ii) to create a cost allocation study 

16 that is based on the authorized purposes de17 scribed in subsections (a) and (b). 

18 (2) COOPERATIVE AGREEMENT.—On request of 

19 the Tribe, the Secretary shall enter into a cooperative 

20 agreement with the Tribe with respect to the portion 

21 of the appraisal study described in paragraph (1)(A). 

22 (3) COSTS NONREIMBURSABLE.—The cost of the 

23 studies under this subsection shall not be— 

24 (A) considered to be a cost of the Milk River 

25 Project; or 
495 

•S 612 EAH 

1 (B) reimbursable in accordance with the 

2 reclamation laws. 

3 (d) SWIFTCURRENT CREEK BANK STABILIZATION.— 

4 (1) IN GENERAL.—Subject to the availability of 

5 appropriations, the Secretary, acting through the 

6 Commissioner of Reclamation, shall carry out appro7 priate activities concerning the Swiftcurrent Creek 

8 Bank Stabilization Project, including— 

9 (A) a review of the final project design; and 

10 (B) value engineering analyses. 

11 (2) MODIFICATION OF FINAL DESIGN.—Prior to 

12 beginning construction activities for the Swiftcurrent 

13 Creek Bank Stabilization Project, on the basis of the 

14 review conducted under paragraph (1), the Secretary 

15 shall negotiate with the Tribe appropriate changes, if 

16 any, to the final design— 

17 (A) to ensure compliance with applicable 

18 industry standards; 

19 (B) to improve the cost-effectiveness of the 

20 Swiftcurrent Creek Bank Stabilization Project; 

21 and 

22 (C) to ensure that the Swiftcurrent Creek 

23 Bank Stabilization Project may be constructed 

24 using only the amounts made available under 

25 section 3718. 
496 

•S 612 EAH 

1 (3) APPLICABILITY OF ISDEAA.—At the request of 

2 the Tribe, and in accordance with the Indian Self-De3 termination and Education Assistance Act (25 U.S.C. 

4 5301 et seq.), the Secretary shall enter into 1 or more 

5 agreements with the Tribe to carry out the 

6 Swiftcurrent Bank Stabilization Project. 

7 (e) ADMINISTRATION.—The Commissioner of Reclama8 tion and the Tribe shall negotiate the cost of any oversight 

9 activity carried out by the Bureau of Reclamation under 

10 any agreement entered into under this section, subject to 

11 the condition that the total cost for the oversight shall not 

12 exceed 4 percent of the total costs incurred under this sec13 tion. 

14 (f) MILK RIVER PROJECT RIGHTS-OF-WAY AND EASE15 MENTS.— 

16 (1) IN GENERAL.—Subject to paragraphs (2) and 

17 (3), the Tribe shall grant the United States a right18 of-way on Reservation land owned by the Tribe for all 

19 uses by the Milk River Project (permissive or other20 wise) in existence as of December 31, 2015, including 

21 all facilities, flowage easements, and access easements 

22 necessary for the operation and maintenance of the 

23 Milk River Project. 

24 (2) AGREEMENT REGARDING EXISTING USES.— 

25 The Tribe and the Secretary shall enter into an agree-
497 

•S 612 EAH 

1 ment for a process to determine the location, nature, 

2 and extent of the existing uses referenced in this sub3 section. The agreement shall require that— 

4 (A) a panel of three individuals determine 

5 the location, nature, and extent of existing uses 

6 necessary for the operation and maintenance of 

7 the Milk River Project (the ‘‘Panel Determina8 tion’’), with the Tribe appointing one representa9 tive of the Tribe, the Secretary appointing one 

10 representative of the Secretary, and those two 

11 representatives jointly appointing a third indi12 vidual; 

13 (B) if the Panel Determination is unani14 mous, the Tribe grant a right-of-way to the 

15 United States for the existing uses identified in 

16 the Panel Determination in accordance with ap17 plicable law without additional compensation; 

18 (C) if the Panel Determination is not unan19 imous— 

20 (i) the Secretary adopt the Panel De21 termination with any amendments the Sec22 retary reasonably determines necessary to 

23 correct any clear error (the ‘‘Interior Deter24 mination’’), provided that if any portion of 
498 

•S 612 EAH 

1 the Panel Determination is unanimous, the 

2 Secretary will not amend that portion; and 

3 (ii) the Tribe grant a right-of-way to 

4 the United States for the existing uses iden5 tified in the Interior Determination in ac6 cordance with applicable law without addi7 tional compensation, with the agreement 

8 providing for the timing of the grant to take 

9 into consideration the possibility of review 

10 under paragraph (5). 

11 (3) EFFECT.—Determinations made under this 

12 subsection— 

13 (A) do not address title as between the 

14 United States and the Tribe; and 

15 (B) do not apply to any new use of Res16 ervation land by the United States for the Milk 

17 River Project after December 31, 2015. 

18 (4) INTERIOR DETERMINATION AS FINAL AGENCY

19 ACTION.—Any determination by the Secretary under 

20 paragraph (2)(C) shall be considered to be a final 

21 agency action for purposes of review under chapter 7 

22 of title 5, United States Code. 

23 (5) JUDICIAL REVIEW.—An action for judicial 

24 review pursuant to this section shall be brought by 
499 

•S 612 EAH 

1 not later than the date that is 1 year after the date 

2 of notification of the Interior Determination. 

3 (g) FUNDING.—The total amount of obligations in4 curred by the Secretary, prior to any adjustment provided 

5 for in section 3718, shall not exceed— 

6 (1) $3,800,000 to carry out subsection (c); 

7 (2) $20,700,000 to carry out subsection (d); and 

8 (3) $3,100,000 to carry out subsection (f). 

9 SEC. 3708. ST. MARY CANAL HYDROELECTRIC POWER GEN10 ERATION. 

11 (a) BUREAU OF RECLAMATION JURISDICTION.—Effec12 tive beginning on the date of enactment of this Act, the 

13 Commissioner of Reclamation shall have exclusive jurisdic14 tion to authorize the development of hydropower on the St. 

15 Mary Unit. 

16 (b) RIGHTS OF TRIBE.— 

17 (1) EXCLUSIVE RIGHT OF TRIBE.—Subject to 

18 paragraph (2) and notwithstanding any other provi19 sion of law, the Tribe shall have the exclusive right 

20 to develop and market hydroelectric power of the St. 

21 Mary Unit. 

22 (2) LIMITATIONS.—The exclusive right described 

23 in paragraph (1)— 

24 (A) shall expire on the date that is 15 years 

25 after the date of enactment of an Act appro-
500 

•S 612 EAH 

1 priating funds for rehabilitation of the St. Mary 

2 Unit; but 

3 (B) may be extended by the Secretary at the 

4 request of the Tribe. 

5 (3) OM&R COSTS.—Effective beginning on the 

6 date that is 10 years after the date on which the Tribe 

7 begins marketing hydroelectric power generated from 

8 the St. Mary Unit to any third party, the Tribe shall 

9 make annual payments for OM&R costs attributable 

10 to the direct use of any facilities by the Tribe for hy11 droelectric power generation, in amounts determined 

12 in accordance with the guidelines and methods of the 

13 Bureau of Reclamation for assessing OM&R charges. 

14 (c) BUREAU OF RECLAMATION COOPERATION.—The 

15 Commissioner of Reclamation shall cooperate with the 

16 Tribe in the development of any hydroelectric power genera17 tion project under this section. 

18 (d) AGREEMENT.—Before construction of a hydro19 electric power generation project under this section, the 

20 Tribe shall enter into an agreement with the Commissioner 

21 of Reclamation that includes provisions— 

22 (1) requiring that— 

23 (A) the design, construction, and operation 

24 of the project shall be consistent with the Bureau 

25 of Reclamation guidelines and methods for hy-
501 

•S 612 EAH 

1 droelectric power development at Bureau facili2 ties, as appropriate; and 

3 (B) the hydroelectric power generation 

4 project will not impair the efficiencies of the 

5 Milk River Project for authorized purposes; 

6 (2) regarding construction and operating criteria 

7 and emergency procedures; and 

8 (3) under which any modification proposed by 

9 the Tribe to a facility owned by the Bureau of Rec10 lamation shall be subject to review and approval by 

11 the Secretary, acting through the Commissioner of 

12 Reclamation. 

13 (e) USE OF HYDROELECTRIC POWER BY TRIBE.—Any 

14 hydroelectric power generated in accordance with this sec15 tion shall be used or marketed by the Tribe. 

16 (f) REVENUES.—The Tribe shall collect and retain any 

17 revenues from the sale of hydroelectric power generated by 

18 a project under this section. 

19 (g) LIABILITY OF UNITED STATES.—The United 

20 States shall have no obligation to monitor, administer, or 

21 account for— 

22 (1) any revenues received by the Tribe under this 

23 section; or 

24 (2) the expenditure of those revenues. 
502 

•S 612 EAH 

1 (h) PREFERENCE.—During any period for which the 

2 exclusive right of the Tribe described in subsection (b)(1) 

3 is not in effect, the Tribe shall have a preference to develop 

4 hydropower on the St. Mary Unit facilities, in accordance 

5 with Bureau of Reclamation guidelines and methods for hy6 droelectric power development at Bureau facilities. 

7 SEC. 3709. STORAGE ALLOCATION FROM LAKE ELWELL. 

8 (a)(1) STORAGE ALLOCATION TO TRIBE.—The Sec9 retary shall allocate to the Tribe 45,000 acre-feet per year 

10 of water stored in Lake Elwell for use by the Tribe for any 

11 beneficial purpose on or off the Reservation, under a water 

12 right held by the United States and managed by the Bureau 

13 of Reclamation, as measured at the outlet works of Tiber 

14 Dam or through direct pumping from Lake Elwell. 

15 (2) REDUCTION.—Up to 10,000 acre-feet per year of 

16 water allocated to the Tribe pursuant to paragraph (1) will 

17 be subject to an acre-foot for acre-foot reduction if depletions 

18 from the Tribal water rights above Lake Elwell exceed 

19 88,000 acre-feet per year of water because of New Develop20 ment (as defined in article II.37 of the Compact). 

21 (b) TREATMENT.— 

22 (1) IN GENERAL.—The allocation to the Tribe 

23 under subsection (a) shall be considered to be part of 

24 the Tribal water rights. 
503 

•S 612 EAH 

1 (2) PRIORITY DATE.—The priority date of the al2 location to the Tribe under subsection (a) shall be the 

3 priority date of the Lake Elwell water right held by 

4 the Bureau of Reclamation. 

5 (3) ADMINISTRATION.—The Tribe shall admin6 ister the water allocated under subsection (a) in ac7 cordance with the Compact and this subtitle. 

8 (c) ALLOCATION AGREEMENT.— 

9 (1) IN GENERAL.—As a condition of receiving an 

10 allocation under this section, the Tribe shall enter 

11 into an agreement with the Secretary to establish the 

12 terms and conditions of the allocation, in accordance 

13 with the Compact and this subtitle. 

14 (2) INCLUSIONS.—The agreement under para15 graph (1) shall include provisions establishing that— 

16 (A) the agreement shall be without limit as 

17 to term; 

18 (B) the Tribe, and not the United States, 

19 shall be entitled to all consideration due to the 

20 Tribe under any lease, contract, or agreement en21 tered into by the Tribe pursuant to subsection 

22 (d); 

23 (C) the United States shall have no obliga24 tion to monitor, administer, or account for— 
504 

•S 612 EAH 

1 (i) any funds received by the Tribe as 

2 consideration under any lease, contract, or 

3 agreement entered into by the Tribe pursu4 ant to subsection (d); or 

5 (ii) the expenditure of those funds; 

6 (D) if the capacity or function of Lake 

7 Elwell facilities are significantly reduced, or are 

8 anticipated to be significantly reduced, for an 

9 extended period of time, the Tribe shall have the 

10 same rights as other storage contractors with re11 spect to the allocation under this section; 

12 (E) the costs associated with the construc13 tion of the storage facilities at Tiber Dam allo14 cable to the Tribe shall be nonreimbursable; 

15 (F) no water service capital charge shall be 

16 due or payable for any water allocated to the 

17 Tribe pursuant to this section or the allocation 

18 agreement, regardless of whether that water is 

19 delivered for use by the Tribe or under a lease, 

20 contract, or by agreement entered into by the 

21 Tribe pursuant to subsection (d); 

22 (G) the Tribe shall not be required to make 

23 payments to the United States for any water al24 located to the Tribe under this subtitle or the al25 location agreement, except for each acre-foot of 
505 

•S 612 EAH 

1 stored water leased or transferred for industrial 

2 purposes as described in subparagraph (H); 

3 (H) for each acre-foot of stored water leased 

4 or transferred by the Tribe for industrial pur5 poses— 

6 (i) the Tribe shall pay annually to the 

7 United States an amount necessary to cover 

8 the proportional share of the annual OM&R 

9 costs allocable to the quantity of water 

10 leased or transferred by the Tribe for indus11 trial purposes; and 

12 (ii) the annual payments of the Tribe 

13 shall be reviewed and adjusted, as appro14 priate, to reflect the actual OM&R costs for 

15 Tiber Dam; and 

16 (I) the adjustment process identified in sub17 section (a)(2) will be based on specific enumer18 ated provisions. 

19 (d) AGREEMENTS BY TRIBE.—The Tribe may use, 

20 lease, contract, exchange, or enter into other agreements for 

21 use of the water allocated to the Tribe under subsection (a), 

22 if— 

23 (1) the use of water that is the subject of such 

24 an agreement occurs within the Missouri River Basin; 

25 and 
506 

•S 612 EAH 

1 (2) the agreement does not permanently alienate 

2 any portion of the water allocated to the Tribe under 

3 subsection (a). 

4 (e) EFFECTIVE DATE.—The allocation under sub5 section (a) takes effect on the enforceability date. 

6 (f) NO CARRYOVER STORAGE.—The allocation under 

7 subsection (a) shall not be increased by any year-to-year 

8 carryover storage. 

9 (g) DEVELOPMENT AND DELIVERY COSTS.—The 

10 United States shall not be required to pay the cost of devel11 oping or delivering any water allocated under this section. 

12 SEC. 3710. IRRIGATION ACTIVITIES. 

13 (a) IN GENERAL.—Subject to the availability of appro14 priations, the Secretary, acting through the Commissioner 

15 of Reclamation and in accordance with subsection (c), shall 

16 carry out the following actions relating to the Blackfeet Ir17 rigation Project: 

18 (1) Deferred maintenance. 

19 (2) Dam safety improvements for Four Horns 

20 Dam. 

21 (3) Rehabilitation and enhancement of the Four 

22 Horns Feeder Canal, Dam, and Reservoir. 

23 (b) LEAD AGENCY.—The Bureau of Reclamation shall 

24 serve as the lead agency with respect to any activities car25 ried out under this section. 
507 

•S 612 EAH 

1 (c) SCOPE OF DEFERRED MAINTENANCE ACTIVITIES

2 AND FOUR HORNS DAM SAFETY IMPROVEMENTS.— 

3 (1) IN GENERAL.—Subject to the conditions de4 scribed in paragraph (2), the scope of the deferred 

5 maintenance activities and Four Horns Dam safety 

6 improvements shall be as generally described in— 

7 (A) the document entitled ‘‘Engineering 

8 Evaluation and Condition Assessment, Blackfeet 

9 Irrigation Project’’, prepared by DOWL HKM, 

10 and dated August 2007; and 

11 (B) the provisions relating to Four Horns 

12 Rehabilitated Dam of the document entitled 

13 ‘‘Four Horns Dam Enlarged Appraisal Evalua14 tion Design Report’’, prepared by DOWL HKM, 

15 and dated April 2007. 

16 (2) CONDITIONS.—The conditions referred to in 

17 paragraph (1) are that, before commencing construc18 tion activities, the Secretary shall— 

19 (A) review the design of the proposed reha20 bilitation or improvement; 

21 (B) perform value engineering analyses; 

22 (C) perform appropriate Federal environ23 mental compliance activities; and 

24 (D) ensure that the deferred maintenance 

25 activities and dam safety improvements may be 
508 

•S 612 EAH 

1 constructed using only the amounts made avail2 able under section 3718. 

3 (d) SCOPE OF REHABILITATION AND ENHANCEMENT

4 OF FOUR HORNS FEEDER CANAL, DAM, AND RESERVOIR.— 

5 (1) IN GENERAL.—The scope of the rehabilitation 

6 and improvements shall be as generally described in 

7 the document entitled ‘‘Four Horns Feeder Canal Re8 habilitation with Export’’, prepared by DOWL HKM, 

9 and dated April 2013, subject to the condition that, 

10 before commencing construction activities, the Sec11 retary shall— 

12 (A) review the design of the proposed reha13 bilitation or improvement; 

14 (B) perform value engineering analyses; 

15 (C) perform appropriate Federal environ16 mental compliance activities; and 

17 (D) ensure that the rehabilitation and im18 provements may be constructed using only the 

19 amounts made available under section 3718. 

20 (2) INCLUSIONS.—The activities carried out by 

21 the Secretary under this subsection shall include— 

22 (A) the rehabilitation or improvement of the 

23 Four Horns feeder canal system to a capacity of 

24 not fewer than 360 cubic feet per second; 
509 

•S 612 EAH 

1 (B) the rehabilitation or improvement of the 

2 outlet works of Four Horns Dam and Reservoir 

3 to deliver not less than 15,000 acre-feet of water 

4 per year, in accordance with subparagraph (C); 

5 and 

6 (C) construction of facilities to deliver not 

7 less than 15,000 acre-feet of water per year from 

8 Four Horns Dam and Reservoir, to a point on 

9 or near Birch Creek to be designated by the 

10 Tribe and the State for delivery of water to the 

11 water delivery system of the Pondera County 

12 Canal and Reservoir Company on Birch Creek, 

13 in accordance with the Birch Creek Agreement. 

14 (3) NEGOTIATION WITH TRIBE.—On the basis of 

15 the review described in paragraph (1)(A), the Sec16 retary shall negotiate with the Tribe appropriate 

17 changes to the final design of any activity under this 

18 subsection to ensure that the final design meets appli19 cable industry standards. 

20 (e) FUNDING.—The total amount of obligations in21 curred by the Secretary in carrying out this section, prior 

22 to any adjustment provided for in section 3718, shall not 

23 exceed $54,900,000, of which— 

24 (1) $40,900,000 shall be allocated to carry out 

25 the activities described in subsection (c); and 
510 

•S 612 EAH 

1 (2) $14,000,000 shall be allocated to carry out 

2 the activities described in subsection (d)(2). 

3 (f) NONREIMBURSABILITY OF COSTS.—All costs in4 curred by the Secretary in carrying out this section shall 

5 be nonreimbursable. 

6 (g) NON-FEDERAL CONTRIBUTION.—No part of the 

7 project under subsection (d) shall be commenced until the 

8 State has made available $20,000,000 to carry out the ac9 tivities described in subsection (d)(2). 

10 (h) ADMINISTRATION.—The Commissioner of Reclama11 tion and the Tribe shall negotiate the cost of any oversight 

12 activity carried out by the Bureau of Reclamation under 

13 any agreement entered into under subsection (m), subject 

14 to the condition that the total cost for the oversight shall 

15 not exceed 4 percent of the total project costs for each 

16 project. 

17 (i) PROJECT EFFICIENCIES.—If the total cost of plan18 ning, design, and construction activities relating to the 

19 projects described in this section results in cost savings and 

20 is less than the amounts authorized to be obligated, the Sec21 retary, at the request of the Tribe, may— 

22 (1) use those cost savings to carry out a project 

23 described in section 3707(d), 3711, 3712, or 3713; or 

24 (2) deposit those cost savings to the Blackfeet 

25 OM&R Trust Account. 
511 

•S 612 EAH 

1 (j) OWNERSHIP BY TRIBE OF BIRCH CREEK DELIVERY

2 FACILITIES.—Notwithstanding any other provision of law, 

3 the Secretary shall transfer to the Tribe, at no cost, title 

4 in and to the facilities constructed under subsection 

5 (d)(2)(C). 

6 (k) OWNERSHIP, OPERATION, AND MAINTENANCE.— 

7 On transfer to the Tribe of title under subsection (j), the 

8 Tribe shall— 

9 (1) be responsible for OM&R in accordance with 

10 the Birch Creek Agreement; and 

11 (2) enter into an agreement with the Bureau of 

12 Indian Affairs regarding the operation of the facili13 ties described in that subsection. 

14 (l) LIABILITY OF UNITED STATES.—The United States 

15 shall have no obligation or responsibility with respect the 

16 facilities described in subsection (d)(2)(C). 

17 (m) APPLICABILITY OF ISDEAA.—At the request of 

18 the Tribe, and in accordance with the Indian Self-Deter19 mination and Education Assistance Act (25 U.S.C. 5301 

20 et seq.), the Secretary shall enter into 1 or more agreements 

21 with the Tribe to carry out this section. 

22 (n) EFFECT.—Nothing in this section— 

23 (1) alters any applicable law (including regula24 tions) under which the Bureau of Indian Affairs col-
512 

•S 612 EAH 

1 lects assessments or carries out Blackfeet Irrigation 

2 Project OM&R; or 

3 (2) impacts the availability of amounts made 

4 available under subsection (a)(1)(B) of section 3718. 

5 SEC. 3711. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 

6 (a) IN GENERAL.—Subject to the availability of appro7 priations, the Secretary, acting through the Commissioner 

8 of Reclamation, shall plan, design, and construct the water 

9 diversion and delivery features of the MR&I System in ac10 cordance with 1 or more agreements between the Secretary 

11 and the Tribe. 

12 (b) LEAD AGENCY.—The Bureau of Reclamation shall 

13 serve as the lead agency with respect to any activity to de14 sign and construct the water diversion and delivery features 

15 of the MR&I System. 

16 (c) SCOPE.— 

17 (1) IN GENERAL.—The scope of the design and 

18 construction under this section shall be as generally 

19 described in the document entitled ‘‘Blackfeet Re20 gional Water System’’, prepared by DOWL HKM, 

21 dated June 2010, and modified by DOWL HKM in 

22 the addendum to the report dated March 2013, subject 

23 to the condition that, before commencing final design 

24 and construction activities, the Secretary shall— 
513 

•S 612 EAH 

1 (A) review the design of the proposed reha2 bilitation and construction; 

3 (B) perform value engineering analyses; 

4 and 

5 (C) perform appropriate Federal compli6 ance activities. 

7 (2) NEGOTIATION WITH TRIBE.—On the basis of 

8 the review described in paragraph (1)(A), the Sec9 retary shall negotiate with the Tribe appropriate 

10 changes, if any, to the final design— 

11 (A) to ensure that the final design meets ap12 plicable industry standards; 

13 (B) to improve the cost-effectiveness of the 

14 delivery of MR&I System water; and 

15 (C) to ensure that the MR&I System may 

16 be constructed using only the amounts made 

17 available under section 3718. 

18 (d) NONREIMBURSABILITY OF COSTS.—All costs in19 curred by the Secretary in carrying out this section shall 

20 be nonreimbursable. 

21 (e) FUNDING.—The total amount of obligations in22 curred by the Secretary in carrying out this section, prior 

23 to any adjustment provided for in section 3718, shall not 

24 exceed $76,200,000. 

25 (f) NON-FEDERAL CONTRIBUTION.— 
514 

•S 612 EAH 

1 (1) CONSULTATION.—Before completion of the 

2 final design of the MR&I System required by sub3 section (c), the Secretary shall consult with the Tribe, 

4 the State, and other affected non-Federal parties to 

5 discuss the possibility of receiving non-Federal con6 tributions for the cost of the MR&I System. 

7 (2) NEGOTIATIONS.—If, based on the extent to 

8 which non-Federal parties are expected to use the 

9 MR&I System, a non-Federal contribution to the 

10 MR&I System is determined by the parties described 

11 in paragraph (1) to be appropriate, the Secretary 

12 shall initiate negotiations for an agreement regarding 

13 the means by which the contributions shall be pro14 vided. 

15 (g) OWNERSHIP BY TRIBE.—Title to the MR&I Sys16 tem and all facilities rehabilitated or constructed under this 

17 section shall be held by the Tribe. 

18 (h) ADMINISTRATION.—The Commissioner of Reclama19 tion and the Tribe shall negotiate the cost of any oversight 

20 activity carried out by the Bureau of Reclamation under 

21 any agreement entered into under this section, subject to 

22 the condition that the total cost for the oversight shall not 

23 exceed 4 percent of the total costs incurred under this sec24 tion. 
515 

•S 612 EAH 

1 (i) OM&R COSTS.—The Federal Government shall 

2 have no obligation to pay for the OM&R costs for any facil3 ity rehabilitated or constructed under this section. 

4 (j) PROJECT EFFICIENCIES.—If the total cost of plan5 ning, design, and construction activities relating to the 

6 projects described in this section results in cost savings and 

7 is less than the amounts authorized to be obligated, the Sec8 retary, at the request of the Tribe, may— 

9 (1) use those cost savings to carry out a project 

10 described in section 3707(d), 3710, 3712, or 3713; or 

11 (2) deposit those cost savings to the Blackfeet 

12 OM&R Trust Account. 

13 (k) APPLICABILITY OF ISDEAA.—At the request of the 

14 Tribe, and in accordance with the Indian Self-Determina15 tion and Education Assistance Act (25 U.S.C. 5301 et seq.), 

16 the Secretary shall enter into 1 or more agreements with 

17 the Tribe to carry out this section. 

18 SEC. 3712. DESIGN AND CONSTRUCTION OF WATER STOR19 AGE AND IRRIGATION FACILITIES. 

20 (a) IN GENERAL.—Subject to the availability of appro21 priations, the Secretary, acting through the Commissioner 

22 of Reclamation, shall plan, design, and construct 1 or more 

23 facilities to store water and support irrigation on the Res24 ervation in accordance with 1 or more agreements between 

25 the Secretary and the Tribe. 
516 

•S 612 EAH 

1 (b) LEAD AGENCY.—The Bureau of Reclamation shall 

2 serve as the lead agency with respect to any activity to de3 sign and construct the irrigation development and water 

4 storage facilities described in subsection (c). 

5 (c) SCOPE.— 

6 (1) IN GENERAL.—The scope of the design and 

7 construction under this section shall be as generally 

8 described in the document entitled ‘‘Blackfeet Water 

9 Storage, Development, and Project Report’’, prepared 

10 by DOWL HKM, and dated March 13, 2013, as 

11 modified and agreed to by the Secretary and the 

12 Tribe, subject to the condition that, before com13 mencing final design and construction activities, the 

14 Secretary shall— 

15 (A) review the design of the proposed con16 struction; 

17 (B) perform value engineering analyses; 

18 and 

19 (C) perform appropriate Federal compli20 ance activities. 

21 (2) MODIFICATION.—The Secretary may modify 

22 the scope of construction for the projects described in 

23 the document referred to in paragraph (1), if— 

24 (A) the modified project is— 
517 

•S 612 EAH 

1 (i) similar in purpose to the proposed 

2 projects; and 

3 (ii) consistent with the purposes of this 

4 subtitle; and 

5 (B) the Secretary has consulted with the 

6 Tribe regarding any modification. 

7 (3) NEGOTIATION WITH TRIBE.—On the basis of 

8 the review described in paragraph (1)(A), the Sec9 retary shall negotiate with the Tribe appropriate 

10 changes, if any, to the final design— 

11 (A) to ensure that the final design meets ap12 plicable industry standards; 

13 (B) to improve the cost-effectiveness of any 

14 construction; and 

15 (C) to ensure that the projects may be con16 structed using only the amounts made available 

17 under section 3718. 

18 (d) NONREIMBURSABILITY OF COSTS.—All costs in19 curred by the Secretary in carrying out this section shall 

20 be nonreimbursable. 

21 (e) FUNDING.—The total amount of obligations in22 curred by the Secretary in carrying out this section, prior 

23 to any adjustment provided for in section 3718, shall not 

24 exceed $87,300,000. 
518 

•S 612 EAH 

1 (f) OWNERSHIP BY TRIBE.—Title to all facilities reha2 bilitated or constructed under this section shall be held by 

3 the Tribe, except that title to the Birch Creek Unit of the 

4 Blackfeet Indian Irrigation Project shall remain with the 

5 Bureau of Indian Affairs. 

6 (g) ADMINISTRATION.—The Commissioner of Reclama7 tion and the Tribe shall negotiate the cost of any oversight 

8 activity carried out by the Bureau of Reclamation under 

9 any agreement entered into under this section, subject to 

10 the condition that the total cost for the oversight shall not 

11 exceed 4 percent of the total costs incurred under this sec12 tion. 

13 (h) OM&R COSTS.—The Federal Government shall 

14 have no obligation to pay for the OM&R costs for the facili15 ties rehabilitated or constructed under this section. 

16 (i) PROJECT EFFICIENCIES.—If the total cost of plan17 ning, design, and construction activities relating to the 

18 projects described in this section results in cost savings and 

19 is less than the amounts authorized to be obligated, the Sec20 retary, at the request of the Tribe, may— 

21 (1) use those cost savings to carry out a project 

22 described in section 3707(d), 3710, 3711, or 3713; or 

23 (2) deposit those cost savings to the Blackfeet 

24 OM&R Trust Account. 
519 

•S 612 EAH 

1 (j) APPLICABILITY OF ISDEAA.—At the request of the 

2 Tribe, and in accordance with the Indian Self-Determina3 tion and Education Assistance Act (25 U.S.C. 5301 et seq.), 

4 the Secretary shall enter into 1 or more agreements with 

5 the Tribe to carry out this section. 

6 SEC. 3713. BLACKFEET WATER, STORAGE, AND DEVELOP7 MENT PROJECTS. 

8 (a) IN GENERAL.— 

9 (1) SCOPE.—The scope of the construction under 

10 this section shall be as generally described in the doc11 ument entitled ‘‘Blackfeet Water Storage, Develop12 ment, and Project Report’’, prepared by DOWL 

13 HKM, and dated March 13, 2013, as modified and 

14 agreed to by the Secretary and the Tribe. 

15 (2) MODIFICATION.—The Tribe may modify the 

16 scope of the projects described in the document re17 ferred to in paragraph (1) if— 

18 (A) the modified project is— 

19 (i) similar to the proposed project; and 

20 (ii) consistent with the purposes of this 

21 subtitle; and 

22 (B) the modification is approved by the 

23 Secretary. 
520 

•S 612 EAH 

1 (b) NONREIMBURSABILITY OF COSTS.—All costs in2 curred by the Secretary in carrying out this section shall 

3 be nonreimbursable. 

4 (c) FUNDING.—The total amount of obligations in5 curred by the Secretary in carrying out this section, prior 

6 to any adjustment provided for in section 3718, shall not 

7 exceed $91,000,000. 

8 (d) OM&R COSTS.—The Federal Government shall 

9 have no obligation to pay for the OM&R costs for the facili10 ties rehabilitated or constructed under this section. 

11 (e) OWNERSHIP BY TRIBE.—Title to any facility con12 structed under this section shall be held by the Tribe. 

13 SEC. 3714. EASEMENTS AND RIGHTS-OF-WAY. 

14 (a) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 

15 (1) IN GENERAL.—On request of the Secretary, 

16 the Tribe shall grant, at no cost to the United States, 

17 such easements and rights-of-way over tribal land as 

18 are necessary for the construction of the projects au19 thorized by sections 3710 and 3711. 

20 (2) JURISDICTION.—An easement or right-of-way 

21 granted by the Tribe pursuant to paragraph (1) shall 

22 not affect in any respect the civil or criminal juris23 diction of the Tribe over the easement or right-of-way. 

24 (b) LANDOWNER EASEMENTS AND RIGHTS-OF-WAY.— 

25 In partial consideration for the construction activities au-
521 

•S 612 EAH 

1 thorized by section 3711, and as a condition of receiving 

2 service from the MR&I System, a landowner shall grant, 

3 at no cost to the United States or the Tribe, such easements 

4 and rights-of-way over the land of the landowner as may 

5 be necessary for the construction of the MR&I System. 

6 (c) LAND ACQUIRED BY UNITED STATES OR TRIBE.— 

7 Any land acquired within the boundaries of the Reservation 

8 by the United States on behalf of the Tribe, or by the Tribe 

9 on behalf of the Tribe, in connection with achieving the pur10 poses of this subtitle shall be held in trust by the United 

11 States for the benefit of the Tribe. 

12 SEC. 3715. TRIBAL WATER RIGHTS. 

13 (a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 

14 (1) IN GENERAL.—The Tribal water rights are 

15 ratified, confirmed, and declared to be valid. 

16 (2) USE.—Any use of the Tribal water rights 

17 shall be subject to the terms and conditions of the 

18 Compact and this subtitle. 

19 (3) CONFLICT.—In the event of a conflict between 

20 the Compact and this subtitle, the provisions of this 

21 subtitle shall control. 

22 (b) INTENT OF CONGRESS.—It is the intent of Congress 

23 to provide to each allottee benefits that are equivalent to, 

24 or exceed, the benefits the allottees possess on the day before 
522 

•S 612 EAH 

1 the date of enactment of this Act, taking into consider2 ation— 

3 (1) the potential risks, cost, and time delay asso4 ciated with litigation that would be resolved by the 

5 Compact and this subtitle; 

6 (2) the availability of funding under this subtitle 

7 and from other sources; 

8 (3) the availability of water from the Tribal 

9 water rights; and 

10 (4) the applicability of section 7 of the Act of 

11 February 8, 1887 (25 U.S.C. 381), and this subtitle 

12 to protect the interests of allottees. 

13 (c) TRUST STATUS OF TRIBAL WATER RIGHTS.—The 

14 Tribal water rights— 

15 (1) shall be held in trust by the United States for 

16 the use and benefit of the Tribe and the allottees in 

17 accordance with this subtitle; and 

18 (2) shall not be subject to forfeiture or abandon19 ment. 

20 (d) ALLOTTEES.— 

21 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

22 1887.—The provisions of section 7 of the Act of Feb23 ruary 8, 1887 (25 U.S.C. 381), relating to the use of 

24 water for irrigation purposes, shall apply to the Trib25 al water rights. 
523 

•S 612 EAH 

1 (2) ENTITLEMENT TO WATER.—Any entitlement 

2 to water of an allottee under Federal law shall be sat3 isfied from the Tribal water rights. 

4 (3) ALLOCATIONS.—An allottee shall be entitled 

5 to a just and equitable allocation of water for irriga6 tion purposes. 

7 (4) CLAIMS.— 

8 (A) EXHAUSTION OF REMEDIES.—Before 

9 asserting any claim against the United States 

10 under section 7 of the Act of February 8, 1887 

11 (25 U.S.C. 381), or any other applicable law, an 

12 allottee shall exhaust remedies available under 

13 the tribal water code or other applicable tribal 

14 law. 

15 (B) ACTION FOR RELIEF.—After the exhaus16 tion of all remedies available under the tribal 

17 water code or other applicable tribal law, an al18 lottee may seek relief under section 7 of the Act 

19 of February 8, 1887 (25 U.S.C. 381), or other 

20 applicable law. 

21 (5) AUTHORITY OF SECRETARY.—The Secretary 

22 shall have the authority to protect the rights of 

23 allottees in accordance with this section. 

24 (e) AUTHORITY OF TRIBE.— 
524 

•S 612 EAH 

1 (1) IN GENERAL.—The Tribe shall have the au2 thority to allocate, distribute, and lease the Tribal 

3 water rights for any use on the Reservation in accord4 ance with the Compact, this subtitle, and applicable 

5 Federal law. 

6 (2) OFF-RESERVATION USE.—The Tribe may al7 locate, distribute, and lease the Tribal water rights for 

8 off-Reservation use in accordance with the Compact, 

9 subject to the approval of the Secretary. 

10 (3) LAND LEASES BY ALLOTTEES.—Notwith11 standing paragraph (1), an allottee may lease any in12 terest in land held by the allottee, together with any 

13 water right determined to be appurtenant to the in14 terest in land, in accordance with the tribal water 

15 code. 

16 (f) TRIBAL WATER CODE.— 

17 (1) IN GENERAL.—Notwithstanding article 

18 IV.C.1. of the Compact, not later than 4 years after 

19 the date on which the Tribe ratifies the Compact in 

20 accordance with this subtitle, the Tribe shall enact a 

21 tribal water code that provides for— 

22 (A) the management, regulation, and gov23 ernance of all uses of the Tribal water rights in 

24 accordance with the Compact and this subtitle; 

25 and 
525 

•S 612 EAH 

1 (B) establishment by the Tribe of condi2 tions, permit requirements, and other require3 ments for the allocation, distribution, or use of 

4 the Tribal water rights in accordance with the 

5 Compact and this subtitle. 

6 (2) INCLUSIONS.—Subject to the approval of the 

7 Secretary, the tribal water code shall provide— 

8 (A) that use of water by allottees shall be 

9 satisfied with water from the Tribal water 

10 rights; 

11 (B) a process by which an allottee may re12 quest that the Tribe provide water for irrigation 

13 use in accordance with this subtitle, including 

14 the provision of water under any allottee lease 

15 under section 4 of the Act of June 25, 1910 (25 

16 U.S.C. 403); 

17 (C) a due process system for the consider18 ation and determination by the Tribe of any re19 quest by an allottee (or a successor in interest to 

20 an allottee) for an allocation of water for irriga21 tion purposes on allotted land, including a proc22 ess for— 

23 (i) appeal and adjudication of any de24 nied or disputed distribution of water; and 
526 

•S 612 EAH 

1 (ii) resolution of any contested admin2 istrative decision; and 

3 (D) a requirement that any allottee assert4 ing a claim relating to the enforcement of rights 

5 of the allottee under the tribal water code, or to 

6 the quantity of water allocated to land of the al7 lottee, shall exhaust all remedies available to the 

8 allottee under tribal law before initiating an ac9 tion against the United States or petitioning the 

10 Secretary pursuant to subsection (d)(4)(B). 

11 (3) ACTION BY SECRETARY.— 

12 (A) IN GENERAL.—During the period begin13 ning on the date of enactment of this Act and 

14 ending on the date on which a tribal water code 

15 described in paragraphs (1) and (2) is enacted, 

16 the Secretary shall administer, with respect to 

17 the rights of allottees, the Tribal water rights in 

18 accordance with this subtitle. 

19 (B) APPROVAL.—The tribal water code de20 scribed in paragraphs (1) and (2) shall not be 

21 valid unless— 

22 (i) the provisions of the tribal water 

23 code required by paragraph (2) are ap24 proved by the Secretary; and 
527 

•S 612 EAH 

1 (ii) each amendment to the tribal 

2 water code that affects a right of an allottee 

3 is approved by the Secretary. 

4 (C) APPROVAL PERIOD.— 

5 (i) IN GENERAL.—The Secretary shall 

6 approve or disapprove the tribal water code 

7 or an amendment to the tribal water code 

8 not later than 180 days after the date on 

9 which the tribal water code or amendment 

10 is submitted to the Secretary. 

11 (ii) EXTENSION.—The deadline de12 scribed in clause (i) may be extended by the 

13 Secretary after consultation with the Tribe. 

14 (g) ADMINISTRATION.— 

15 (1) NO ALIENATION.—The Tribe shall not perma16 nently alienate any portion of the Tribal water 

17 rights. 

18 (2) PURCHASES OR GRANTS OF LAND FROM INDI19 ANS.—An authorization provided by this subtitle for 

20 the allocation, distribution, leasing, or other arrange21 ment entered into pursuant to this subtitle shall be 

22 considered to satisfy any requirement for authoriza23 tion of the action by treaty or convention imposed by 

24 section 2116 of the Revised Statutes (25 U.S.C. 177). 
528 

•S 612 EAH 

1 (3) PROHIBITION ON FORFEITURE.—The non-use 

2 of all or any portion of the Tribal water rights by a 

3 lessee or contractor shall not result in the forfeiture, 

4 abandonment, relinquishment, or other loss of all or 

5 any portion of the Tribal water rights. 

6 (h) EFFECT.—Except as otherwise expressly provided 

7 in this section, nothing in this subtitle— 

8 (1) authorizes any action by an allottee against 

9 any individual or entity, or against the Tribe, under 

10 Federal, State, tribal, or local law; or 

11 (2) alters or affects the status of any action 

12 brought pursuant to section 1491(a) of title 28, 

13 United States Code. 

14 SEC. 3716. BLACKFEET SETTLEMENT TRUST FUND. 

15 (a) ESTABLISHMENT.—There is established in the 

16 Treasury of the United States a trust fund, to be known 

17 as the ‘‘Blackfeet Settlement Trust Fund’’ (referred to in 

18 this section as the ‘‘Trust Fund’’), to be managed, invested, 

19 and distributed by the Secretary and to remain available 

20 until expended, consisting of the amounts deposited in the 

21 Trust Fund under subsection (c), together with any interest 

22 earned on those amounts, for the purpose of carrying out 

23 this subtitle. 

24 (b) ACCOUNTS.—The Secretary shall establish in the 

25 Trust Fund the following accounts: 
529 

•S 612 EAH 

1 (1) The Administration and Energy Account. 

2 (2) The OM&R Account. 

3 (3) The St. Mary Account. 

4 (4) The Blackfeet Water, Storage, and Develop5 ment Projects Account. 

6 (c) DEPOSITS.—The Secretary shall deposit in the 

7 Trust Fund— 

8 (1) in the Administration and Energy Account, 

9 the amount made available pursuant to section 

10 3718(a)(1)(A); 

11 (2) in the OM&R Account, the amount made 

12 available pursuant to section 3718(a)(1)(B); 

13 (3) in the St. Mary Account, the amount made 

14 available pursuant to section 3718(a)(1)(C); and 

15 (4) in the Blackfeet Water, Storage, and Develop16 ment Projects Account, the amount made available 

17 pursuant to section 3718(a)(1)(D). 

18 (d) MANAGEMENT AND INTEREST.— 

19 (1) MANAGEMENT.—The Secretary shall manage, 

20 invest, and distribute all amounts in the Trust Fund 

21 in a manner that is consistent with the investment 

22 authority of the Secretary under— 

23 (A) the first section of the Act of June 24, 

24 1938 (25 U.S.C. 162a); 
530 

•S 612 EAH 

1 (B) the American Indian Trust Fund Man2 agement Reform Act of 1994 (25 U.S.C. 4001 et 

3 seq.); and 

4 (C) this section. 

5 (2) INTEREST.—In addition to the deposits 

6 under subsection (c), any interest credited to amounts 

7 unexpended in the Trust Fund are authorized to be 

8 appropriated to be used in accordance with the uses 

9 described in subsection (h). 

10 (e) AVAILABILITY OF AMOUNTS.— 

11 (1) IN GENERAL.—Amounts appropriated to, 

12 and deposited in, the Trust Fund, including any in13 vestment earnings, shall be made available to the 

14 Tribe by the Secretary beginning on the enforceability 

15 date. 

16 (2) FUNDING FOR TRIBAL IMPLEMENTATION AC17 TIVITIES.—Notwithstanding paragraph (1), on ap18 proval pursuant to this subtitle and the Compact by 

19 a referendum vote of a majority of votes cast by mem20 bers of the Tribe on the day of the vote, as certified 

21 by the Secretary and the Tribe and subject to the 

22 availability of appropriations, of the amounts in the 

23 Administration and Energy Account, $4,800,000 shall 

24 be made available to the Tribe for the implementation 

25 of this subtitle. 
531 

•S 612 EAH 

1 (f) WITHDRAWALS UNDER AIFRMRA.— 

2 (1) IN GENERAL.—The Tribe may withdraw any 

3 portion of the funds in the Trust Fund on approval 

4 by the Secretary of a tribal management plan sub5 mitted by the Tribe in accordance with the American 

6 Indian Trust Fund Management Reform Act of 1994 

7 (25 U.S.C. 4001 et seq.). 

8 (2) REQUIREMENTS.— 

9 (A) IN GENERAL.—In addition to the re10 quirements under the American Indian Trust 

11 Fund Management Reform Act of 1994 (25 

12 U.S.C. 4001 et seq.), the tribal management plan 

13 under paragraph (1) shall require that the Tribe 

14 shall spend all amounts withdrawn from the 

15 Trust Fund in accordance with this subtitle. 

16 (B) ENFORCEMENT.—The Secretary may 

17 carry out such judicial and administrative ac18 tions as the Secretary determines to be necessary 

19 to enforce the tribal management plan to ensure 

20 that amounts withdrawn by the Tribe from the 

21 Trust Fund under this subsection are used in ac22 cordance with this subtitle. 

23 (g) WITHDRAWALS UNDER EXPENDITURE PLAN.— 
532 

•S 612 EAH 

1 (1) IN GENERAL.—The Tribe may submit to the 

2 Secretary a request to withdraw funds from the Trust 

3 Fund pursuant to an approved expenditure plan. 

4 (2) REQUIREMENTS.—To be eligible to withdraw 

5 funds under an expenditure plan under paragraph 

6 (1), the Tribe shall submit to the Secretary for ap7 proval an expenditure plan for any portion of the 

8 Trust Fund that the Tribe elects to withdraw pursu9 ant to this subsection, subject to the condition that the 

10 funds shall be used for the purposes described in this 

11 subtitle. 

12 (3) INCLUSIONS.—An expenditure plan under 

13 this subsection shall include a description of the man14 ner and purpose for which the amounts proposed to 

15 be withdrawn from the Trust Fund will be used by 

16 the Tribe, in accordance with subsection (h). 

17 (4) APPROVAL.—On receipt of an expenditure 

18 plan under this subsection, the Secretary shall ap19 prove the plan, if the Secretary determines that the 

20 plan— 

21 (A) is reasonable; and 

22 (B) is consistent with, and will be used for, 

23 the purposes of this subtitle. 

24 (5) ENFORCEMENT.—The Secretary may carry 

25 out such judicial and administrative actions as the 
533 

•S 612 EAH 

1 Secretary determines to be necessary to enforce an ex2 penditure plan to ensure that amounts disbursed 

3 under this subsection are used in accordance with this 

4 subtitle. 

5 (h) USES.—Amounts from the Trust Fund shall be 

6 used by the Tribe for the following purposes: 

7 (1) The Administration and Energy Account 

8 shall be used for administration of the Tribal water 

9 rights and energy development projects under this 

10 subtitle and the Compact. 

11 (2) The OM&R Account shall be used to assist 

12 the Tribe in paying OM&R costs. 

13 (3) The St. Mary Account shall be distributed 

14 pursuant to an expenditure plan approved under sub15 section (g), subject to the conditions that— 

16 (A) during the period for which the amount 

17 is available and held by the Secretary, $500,000 

18 shall be distributed to the Tribe annually as 

19 compensation for the deferral of the St. Mary 

20 water right; and 

21 (B) any additional amounts deposited in 

22 the account may be withdrawn and used by the 

23 Tribe to pay OM&R costs or other expenses for 

24 1 or more projects to benefit the Tribe, as ap25 proved by the Secretary, subject to the require-
534 

•S 612 EAH 

1 ment that the Secretary shall not approve an ex2 penditure plan under this paragraph unless the 

3 Tribe provides a resolution of the tribal coun4 cil— 

5 (i) approving the withdrawal of the 

6 funds from the account; and 

7 (ii) acknowledging that the Secretary 

8 will not be able to distribute funds under 

9 subparagraph (A) indefinitely if the prin10 cipal funds in the account are reduced. 

11 (4) The Blackfeet Water, Storage, and Develop12 ment Projects Account shall be used to carry out sec13 tion 3713. 

14 (i) LIABILITY.—The Secretary and the Secretary of the 

15 Treasury shall not be liable for the expenditure or invest16 ment of any amounts withdrawn from the Trust Fund by 

17 the Tribe under subsection (f) or (g). 

18 (j) NO PER CAPITA DISTRIBUTIONS.—No portion of 

19 the Trust Fund shall be distributed on a per capita basis 

20 to any member of the Tribe. 

21 (k) DEPOSIT OF FUNDS.—On request by the Tribe, the 

22 Secretary may deposit amounts from an account described 

23 in paragraph (1), (2), or (4) of subsection (b) to any other 

24 account the Secretary determines to be appropriate. 
535 

•S 612 EAH 

1 SEC. 3717. BLACKFEET WATER SETTLEMENT IMPLEMENTA2 TION FUND. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Treasury of the United States a nontrust, interest-bearing 

5 account, to be known as the ‘‘Blackfeet Water Settlement 

6 Implementation Fund’’ (referred to in this section as the 

7 ‘‘Implementation Fund’’), to be managed and distributed 

8 by the Secretary, for use by the Secretary for carrying out 

9 this subtitle. 

10 (b) ACCOUNTS.—The Secretary shall establish in the 

11 Implementation Fund the following accounts: 

12 (1) The MR&I System, Irrigation, and Water 

13 Storage Account. 

14 (2) The Blackfeet Irrigation Project Deferred 

15 Maintenance and Four Horns Dam Safety Improve16 ments Account. 

17 (3) The St. Mary/Milk Water Management and 

18 Activities Fund. 

19 (c) DEPOSITS.—The Secretary shall deposit in the Im20 plementation Fund— 

21 (1) in the MR&I System, Irrigation, and Water 

22 Storage Account, the amount made available pursu23 ant to section 3718(a)(2)(A); 

24 (2) in the Blackfeet Irrigation Project Deferred 

25 Maintenance and Four Horns Dam Safety Improve-
536 

•S 612 EAH 

1 ments Account, the amount made available pursuant 

2 to section 3718(a)(2)(B); and 

3 (3) in the St. Mary/Milk Water Management 

4 and Activities Fund, the amount made available pur5 suant to section 3718(a)(2)(C). 

6 (d) USES.— 

7 (1) MR&I SYSTEM, IRRIGATION, AND WATER

8 STORAGE ACCOUNT.—The MR&I System, Irrigation, 

9 and Water Storage Account shall be used to carry out 

10 sections 3711 and 3712. 

11 (2) BLACKFEET IRRIGATION PROJECT DEFERRED

12 MAINTENANCE AND FOUR HORNS DAM SAFETY IM13 PROVEMENTS ACCOUNT.—The Blackfeet Irrigation 

14 Project Deferred Maintenance and Four Horns Dam 

15 Safety Improvements Account shall be used to carry 

16 out section 3710. 

17 (3) ST. MARY/MILK WATER MANAGEMENT AND

18 ACTIVITIES ACCOUNT.—The St. Mary/Milk Water 

19 Management and Activities Account shall be used to 

20 carry out sections 3705 and 3707. 

21 (e) MANAGEMENT.—Amounts in the Implementation 

22 Fund shall not be available to the Secretary for expenditure 

23 until the enforceability date. 

24 (f) INTEREST.—In addition to the deposits under sub25 section (c), any interest credited to amounts unexpended in 
537 

•S 612 EAH 

1 the Implementation Fund are authorized to be appropriated 

2 to be used in accordance with the uses described in sub3 section (d). 

4 SEC. 3718. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—Subject to subsection (b), there are 

6 authorized to be appropriated to the Secretary— 

7 (1) as adjusted on appropriation to reflect 

8 changes since April 2010 in the Consumer Price 

9 Index for All Urban Consumers West Urban 50,000 to 

10 1,500,000 index for the amount appropriated— 

11 (A) for deposit in the Administration and 

12 Energy Account of the Blackfeet Settlement Trust 

13 Fund established under section 3716(b)(1), 

14 $28,900,000; 

15 (B) for deposit in the OM&R Account of the 

16 Blackfeet Settlement Trust Fund established 

17 under section 3716(b)(2), $27,760,000; 

18 (C) for deposit in the St. Mary Account of 

19 the Blackfeet Settlement Trust Fund established 

20 under section 3716(b)(3), $27,800,000; 

21 (D) for deposit in the Blackfeet Water, Stor22 age, and Development Projects Account of the 

23 Blackfeet Settlement Trust Fund established 

24 under section 3716(b)(4), $91,000,000; and 
538 

•S 612 EAH 

1 (E) the amount of interest credited to the 

2 unexpended amounts of the Blackfeet Settlement 

3 Trust Fund; and 

4 (2) as adjusted annually to reflect changes since 

5 April 2010 in the Bureau of Reclamation Construc6 tion Cost Trends Index applicable to the types of con7 struction involved— 

8 (A) for deposit in the MR&I System, Irri9 gation, and Water Storage Account of the Black10 feet Water Settlement Implementation Fund es11 tablished under section 3717(b)(1), $163,500,000; 

12 (B) for deposit in the Blackfeet Irrigation 

13 Project Deferred Maintenance, Four Horns Dam 

14 Safety, and Rehabilitation and Enhancement of 

15 the Four Horns Feeder Canal, Dam, and Res16 ervoir Improvements Account of the Blackfeet 

17 Water Settlement Implementation Fund estab18 lished under section 3717(b)(2), $54,900,000, of 

19 which— 

20 (i) $40,900,000 shall be made available 

21 for activities and projects under section 

22 3710(c); and 

23 (ii) $14,000,000 shall be made avail24 able for activities and projects under section 

25 3710(d)(2); 
539 

•S 612 EAH 

1 (C) for deposit in the St. Mary/Milk Water 

2 Management and Activities Account of the 

3 Blackfeet Water Settlement Implementation 

4 Fund established under section 3717(b)(3), 

5 $28,100,000, of which— 

6 (i) $27,600,000 shall be allocated in 

7 accordance with section 3707(g); and 

8 (ii) $500,000 shall be used to carry out 

9 section 3705; and 

10 (D) the amount of interest credited to the 

11 unexpended amounts of the Blackfeet Water Set12 tlement Implementation Fund. 

13 (b) ADJUSTMENTS.— 

14 (1) IN GENERAL.—The adjustment of the 

15 amounts authorized to be appropriated pursuant to 

16 subsection (a)(1) shall occur each time an amount is 

17 appropriated for an account and shall add to, or sub18 tract from, as applicable, the total amount author19 ized. 

20 (2) REPETITION.—The adjustment process under 

21 this subsection shall be repeated for each subsequent 

22 amount appropriated until the amount authorized, as 

23 adjusted, has been appropriated. 

24 (3) TREATMENT.—The amount of an adjustment 

25 may be considered— 
540 

•S 612 EAH 

1 (A) to be authorized as of the date on which 

2 congressional action occurs; and 

3 (B) in determining the amount authorized 

4 to be appropriated. 

5 SEC. 3719. WATER RIGHTS IN LEWIS AND CLARK NATIONAL 

6 FOREST AND GLACIER NATIONAL PARK. 

7 The instream flow water rights of the Tribe on land 

8 within the Lewis and Clark National Forest and Glacier 

9 National Park— 

10 (1) are confirmed; and 

11 (2) shall be as described in the document entitled 

12 ‘‘Stipulation to Address Claims by and for the Ben13 efit of the Blackfeet Indian Tribe to Water Rights in 

14 the Lewis & Clark National Forest and Glacier Na15 tional Park’’ and as finally decreed by the Montana 

16 Water Court, or, if the Montana Water Court is found 

17 to lack jurisdiction, by the United States district 

18 court with jurisdiction. 

19 SEC. 3720. WAIVERS AND RELEASES OF CLAIMS. 

20 (a) IN GENERAL.— 

21 (1) WAIVER AND RELEASE OF CLAIMS BY TRIBE

22 AND UNITED STATES AS TRUSTEE FOR TRIBE.—Sub23 ject to the reservation of rights and retention of 

24 claims under subsection (c), as consideration for rec25 ognition of the Tribal water rights and other benefits 
541 

•S 612 EAH 

1 as described in the Compact and this subtitle, the 

2 Tribe, acting on behalf of the Tribe and members of 

3 the Tribe (but not any member of the Tribe as an al4 lottee), and the United States, acting as trustee for 

5 the Tribe and the members of the Tribe (but not any 

6 member of the Tribe as an allottee), shall execute a 

7 waiver and release of all claims for water rights with8 in the State that the Tribe, or the United States act9 ing as trustee for the Tribe, asserted or could have as10 serted in any proceeding, including a State stream 

11 adjudication, on or before the enforceability date, ex12 cept to the extent that such rights are recognized in 

13 the Compact and this subtitle. 

14 (2) WAIVER AND RELEASE OF CLAIMS BY UNITED

15 STATES AS TRUSTEE FOR ALLOTTEES.—Subject to the 

16 reservation of rights and the retention of claims under 

17 subsection (c), as consideration for recognition of the 

18 Tribal water rights and other benefits as described in 

19 the Compact and this subtitle, the United States, act20 ing as trustee for allottees, shall execute a waiver and 

21 release of all claims for water rights within the Res22 ervation that the United States, acting as trustee for 

23 the allottees, asserted or could have asserted in any 

24 proceeding, including a State stream adjudication, on 

25 or before the enforceability date, except to the extent 
542 

•S 612 EAH 

1 that such rights are recognized in the Compact and 

2 this subtitle. 

3 (3) WAIVER AND RELEASE OF CLAIMS BY TRIBE

4 AGAINST UNITED STATES.—Subject to the reservation 

5 of rights and retention of claims under subsection (d), 

6 the Tribe, acting on behalf of the Tribe and members 

7 of the Tribe (but not any member of the Tribe as an 

8 allottee), shall execute a waiver and release of all 

9 claims against the United States (including any 

10 agency or employee of the United States)— 

11 (A) relating to— 

12 (i) water rights within the State that 

13 the United States, acting as trustee for the 

14 Tribe, asserted or could have asserted in 

15 any proceeding, including a stream adju16 dication in the State, except to the extent 

17 that such rights are recognized as Tribal 

18 water rights under this subtitle; 

19 (ii) damage, loss, or injury to water, 

20 water rights, land, or natural resources due 

21 to loss of water or water rights (including 

22 damages, losses, or injuries to hunting, fish23 ing, gathering, or cultural rights due to loss 

24 of water or water rights, claims relating to 

25 interference with, diversion, or taking of 
543 

•S 612 EAH 

1 water, or claims relating to failure to pro2 tect, acquire, replace, or develop water, 

3 water rights, or water infrastructure) with4 in the State that first accrued at any time 

5 on or before the enforceability date; 

6 (iii) a failure to establish or provide a 

7 municipal rural or industrial water deliv8 ery system on the Reservation; 

9 (iv) a failure to provide for operation 

10 or maintenance, or deferred maintenance, 

11 for the Blackfeet Irrigation Project or any 

12 other irrigation system or irrigation project 

13 on the Reservation; 

14 (v) the litigation of claims relating to 

15 the water rights of the Tribe in the State; 

16 and 

17 (vi) the negotiation, execution, or 

18 adoption of the Compact (including exhib19 its) or this subtitle; 

20 (B) reserved in subsections (b) through (d) 

21 of section 3706 of the settlement for the case 

22 styled Blackfeet Tribe v. United States, No. 02– 

23 127L (Fed. Cl. 2012); and 

24 (C) that first accrued at any time on or be25 fore the enforceability date— 
544 

•S 612 EAH 

1 (i) arising from the taking or acquisi2 tion of the land of the Tribe or resources for 

3 the construction of the features of the St. 

4 Mary Unit of the Milk River Project; 

5 (ii) relating to the construction, oper6 ation, and maintenance of the St. Mary 

7 Unit of the Milk River Project, including 

8 Sherburne Dam, St. Mary Diversion Dam, 

9 St. Mary Canal and associated infrastruc10 ture, and the management of flows in 

11 Swiftcurrent Creek, including the diversion 

12 of Swiftcurrent Creek into Lower St. Mary 

13 Lake; 

14 (iii) relating to the construction, oper15 ation, and management of Lower Two Med16 icine Dam and Reservoir and Four Horns 

17 Dam and Reservoir, including any claim 

18 relating to the failure to provide dam safety 

19 improvements for Four Horns Reservoir; or 

20 (iv) relating to the allocation of waters 

21 of the Milk River and St. Mary River (in22 cluding tributaries) between the United 

23 States and Canada pursuant to the Inter24 national Boundary Waters Treaty of 1909 

25 (36 Stat. 2448). 
545 

•S 612 EAH 

1 (b) EFFECTIVENESS.—The waivers and releases under 

2 subsection (a) shall take effect on the enforceability date. 

3 (c) WITHDRAWAL OF OBJECTIONS.—The Tribe shall 

4 withdraw all objections to the water rights claims filed by 

5 the United States for the benefit of the Milk River Project, 

6 except objections to those claims consolidated for adjudica7 tion within Basin 40J, within 14 days of the certification 

8 under subsection (f)(5) that the Tribal membership has ap9 proved the Compact and this subtitle. 

10 (1) Prior to withdrawal of the objections, the 

11 Tribe may seek leave of the Montana Water Court for 

12 a right to reinstate the objections in the event the con13 ditions of enforceability in subsection (f)(1) through 

14 (8) are not satisfied by the date of expiration de15 scribed in section 3723 of this subtitle. 

16 (2) If the conditions of enforceability in sub17 section (f)(1) through (8) are satisfied, and any au18 thority the Montana Water Court may have granted 

19 the Tribe to reinstate objections described in this sec20 tion has not yet expired, the Tribe shall notify the 

21 Montana Water Court and the United States in writ22 ing that it will not exercise any such authority. 

23 (d) RESERVATION OF RIGHTS AND RETENTION OF

24 CLAIMS.—Notwithstanding the waivers and releases under 

25 subsection (a), the Tribe, acting on behalf of the Tribe and 
546 

•S 612 EAH 

1 members of the Tribe, and the United States, acting as 

2 trustee for the Tribe and allottees, shall retain— 

3 (1) all claims relating to— 

4 (A) enforcement of, or claims accruing after 

5 the enforceability date relating to water rights 

6 recognized under, the Compact, any final decree, 

7 or this subtitle; 

8 (B) activities affecting the quality of water, 

9 including any claim under— 

10 (i) the Comprehensive Environmental 

11 Response, Compensation, and Liability Act 

12 of 1980 (42 U.S.C. 9601 et seq.), including 

13 damages to natural resources; 

14 (ii) the Safe Drinking Water Act (42 

15 U.S.C. 300f et seq.); 

16 (iii) the Federal Water Pollution Con17 trol Act (33 U.S.C. 1251 et seq.) (commonly 

18 referred to as the ‘‘Clean Water Act’’); and 

19 (iv) any regulations implementing the 

20 Acts described in clauses (i) through (iii); 

21 or 

22 (C) damage, loss, or injury to land or nat23 ural resources that are not due to loss of water 

24 or water rights (including hunting, fishing, gath25 ering, or cultural rights); 
547 

•S 612 EAH 

1 (2) all rights to use and protect water rights ac2 quired after the date of enactment of this Act; and 

3 (3) all rights, remedies, privileges, immunities, 

4 and powers not specifically waived and released pur5 suant to this subtitle or the Compact. 

6 (e) EFFECT OF COMPACT AND SUBTITLE.—Nothing in 

7 the Compact or this subtitle— 

8 (1) affects the ability of the United States, acting 

9 as a sovereign, to take any action authorized by law 

10 (including any law relating to health, safety, or the 

11 environment), including— 

12 (A) the Comprehensive Environmental Re13 sponse, Compensation, and Liability Act of 1980 

14 (42 U.S.C. 9601 et seq.); 

15 (B) the Safe Drinking Water Act (42 U.S.C. 

16 300f et seq.); 

17 (C) the Federal Water Pollution Control Act 

18 (33 U.S.C. 1251 et seq.) (commonly referred to 

19 as the ‘‘Clean Water Act’’); and 

20 (D) any regulations implementing the Acts 

21 described in subparagraphs (A) through (C); 

22 (2) affects the ability of the United States to act 

23 as trustee for any other Indian tribe or allottee of any 

24 other Indian tribe; 

25 (3) confers jurisdiction on any State court— 
548 

•S 612 EAH 

1 (A) to interpret Federal law regarding 

2 health, safety, or the environment; 

3 (B) to determine the duties of the United 

4 States or any other party pursuant to a Federal 

5 law regarding health, safety, or the environment; 

6 or 

7 (C) to conduct judicial review of a Federal 

8 agency action; 

9 (4) waives any claim of a member of the Tribe 

10 in an individual capacity that does not derive from 

11 a right of the Tribe; 

12 (5) revives any claim waived by the Tribe in the 

13 case styled Blackfeet Tribe v. United States, No. 02– 

14 127L (Fed. Cl. 2012); or 

15 (6) revives any claim released by an allottee or 

16 a tribal member in the settlement for the case styled 

17 Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 

18 2012). 

19 (f) ENFORCEABILITY DATE.—The enforceability date 

20 shall be the date on which the Secretary publishes in the 

21 Federal Register a statement of findings that— 

22 (1)(A) the Montana Water Court has approved 

23 the Compact, and that decision has become final and 

24 nonappealable; or 
549 

•S 612 EAH 

1 (B) if the Montana Water Court is found to lack 

2 jurisdiction, the appropriate United States district 

3 court has approved the Compact, and that decision 

4 has become final and nonappealable; 

5 (2) all amounts authorized under section 3718(a) 

6 have been appropriated; 

7 (3) the agreements required by sections 3706(c), 

8 3707(f), and 3709(c) have been executed; 

9 (4) the State has appropriated and paid into an 

10 interest-bearing escrow account any payments due as 

11 of the date of enactment of this Act to the Tribe under 

12 the Compact, the Birch Creek Agreement, and this 

13 subtitle; 

14 (5) the members of the Tribe have voted to ap15 prove this subtitle and the Compact by a majority of 

16 votes cast on the day of the vote, as certified by the 

17 Secretary and the Tribe; 

18 (6) the Secretary has fulfilled the requirements of 

19 section 3709(a); 

20 (7) the agreement or terms and conditions re21 ferred to in section 3705 are executed and final; and 

22 (8) the waivers and releases described in sub23 section (a) have been executed by the Tribe and the 

24 Secretary. 

25 (g) TOLLING OF CLAIMS.— 
550 

•S 612 EAH 

1 (1) IN GENERAL.—Each applicable period of 

2 limitation and time-based equitable defense relating 

3 to a claim described in this section shall be tolled dur4 ing the period beginning on the date of enactment of 

5 this Act and ending on the date on which the 

6 amounts made available to carry out this subtitle are 

7 transferred to the Secretary. 

8 (2) EFFECT OF SUBSECTION.—Nothing in this 

9 subsection revives any claim or tolls any period of 

10 limitation or time-based equitable defense that ex11 pired before the date of enactment of this Act. 

12 (h) EXPIRATION.—If all appropriations authorized by 

13 this subtitle have not been made available to the Secretary 

14 by January 21, 2026, or such alternative later date as is 

15 agreed to by the Tribe and the Secretary, the waivers and 

16 releases described in this section shall— 

17 (1) expire; and 

18 (2) have no further force or effect. 

19 (i) VOIDING OF WAIVERS.—If the waivers and releases 

20 described in this section are void under subsection (h)— 

21 (1) the approval of the United States of the Com22 pact under section 3704 shall no longer be effective; 

23 (2) any unexpended Federal funds appropriated 

24 or made available to carry out the activities author25 ized by this subtitle, together with any interest earned 
551 

•S 612 EAH 

1 on those funds, and any water rights or contracts to 

2 use water and title to other property acquired or con3 structed with Federal funds appropriated or made 

4 available to carry out the activities authorized under 

5 this subtitle shall be returned to the Federal Govern6 ment, unless otherwise agreed to by the Tribe and the 

7 United States and approved by Congress; and 

8 (3) except for Federal funds used to acquire or 

9 develop property that is returned to the Federal Gov10 ernment under paragraph (2), the United States shall 

11 be entitled to offset any Federal funds appropriated 

12 or made available to carry out the activities author13 ized under this subtitle that were expended or with14 drawn, together with any interest accrued, against 

15 any claims against the United States relating to 

16 water rights in the State asserted by the Tribe or any 

17 user of the Tribal water rights or in any future settle18 ment of the water rights of the Tribe or an allottee. 

19 SEC. 3721. SATISFACTION OF CLAIMS. 

20 (a) TRIBAL CLAIMS.—The benefits realized by the 

21 Tribe under this subtitle shall be in complete replacement 

22 of, complete substitution for, and full satisfaction of all— 

23 (1) claims of the Tribe against the United States 

24 waived and released pursuant to section 3720(a); and 
552 

•S 612 EAH 

1 (2) objections withdrawn pursuant to section 

2 3720(c). 

3 (b) ALLOTTEE CLAIMS.—The benefits realized by the 

4 allottees under this subtitle shall be in complete replacement 

5 of, complete substitution for, and full satisfaction of— 

6 (1) all claims waived and released pursuant to 

7 section 3720(a)(2); and 

8 (2) any claim of an allottee against the United 

9 States similar in nature to a claim described in sec10 tion 3720(a)(2) that the allottee asserted or could have 

11 asserted. 

12 SEC. 3722. MISCELLANEOUS PROVISIONS. 

13 (a) WAIVER OF SOVEREIGN IMMUNITY.—Except as 

14 provided in subsections (a) through (c) of section 208 of 

15 the Department of Justice Appropriation Act, 1953 (43 

16 U.S.C. 666), nothing in this subtitle waives the sovereign 

17 immunity of the United States. 

18 (b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

19 Nothing in this subtitle quantifies or diminishes any land 

20 or water right, or any claim or entitlement to land or 

21 water, of an Indian tribe, band, or community other than 

22 the Tribe. 

23 (c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 

24 With respect to any Indian-owned land located within the 

25 Reservation— 
553 

•S 612 EAH 

1 (1) the United States shall not submit against 

2 that land any claim for reimbursement of the cost to 

3 the United States of carrying out this subtitle or the 

4 Compact; and 

5 (2) no assessment of that land shall be made re6 garding that cost. 

7 (d) LIMITATION ON LIABILITY OF UNITED STATES.— 

8 (1) IN GENERAL.—The United States has no ob9 ligation— 

10 (A) to monitor, administer, or account for, 

11 in any manner, any funds provided to the Tribe 

12 by the State; or 

13 (B) to review or approve any expenditure of 

14 those funds. 

15 (2) INDEMNITY.—The Tribe shall indemnify the 

16 United States, and hold the United States harmless, 

17 with respect to all claims (including claims for 

18 takings or breach of trust) arising from the receipt or 

19 expenditure of amounts described in this subsection. 

20 (e) EFFECT ON CURRENT LAW.—Nothing in this sec21 tion affects any provision of law (including regulations) in 

22 effect on the day before the date of enactment of this Act 

23 with respect to preenforcement review of any Federal envi24 ronmental enforcement action. 
554 

•S 612 EAH 

1 (f) EFFECT ON RECLAMATION LAWS.—The activities 

2 carried out by the Commissioner of Reclamation under this 

3 subtitle shall not establish a precedent or impact the author4 ity provided under any other provision of the reclamation 

5 laws, including— 

6 (1) the Reclamation Rural Water Supply Act of 

7 2006 (43 U.S.C. 2401 et seq.); and 

8 (2) the Omnibus Public Land Management Act 

9 of 2009 (Public Law 111–11; 123 Stat. 991). 

10 (g) IRRIGATION EFFICIENCY IN UPPER BIRCH CREEK

11 DRAINAGE.—Any activity carried out by the Tribe in the 

12 Upper Birch Creek Drainage (as defined in article II.50 

13 of the Compact) using funds made available to carry out 

14 this subtitle shall achieve an irrigation efficiency of not less 

15 than 50 percent. 

16 (h) BIRCH CREEK AGREEMENT APPROVAL.—The 

17 Birch Creek Agreement is approved to the extent that the 

18 Birch Creek Agreement requires approval under section 

19 2116 of the Revised Statutes (25 U.S.C. 177). 

20 (i) LIMITATION ON EFFECT.—Nothing in this subtitle 

21 or the Compact— 

22 (1) makes an allocation or apportionment of 

23 water between or among States; or 

24 (2) addresses or implies whether, how, or to what 

25 extent the Tribal water rights, or any portion of the 
555 

•S 612 EAH 

1 Tribal water rights, should be accounted for as part 

2 of, or otherwise charged against, an allocation or ap3 portionment of water made to a State in an interstate 

4 allocation or apportionment. 

5 SEC. 3723. EXPIRATION ON FAILURE TO MEET ENFORCE6 ABILITY DATE. 

7 If the Secretary fails to publish a statement of findings 

8 under section 3720(f) by not later than January 21, 2025, 

9 or such alternative later date as is agreed to by the Tribe 

10 and the Secretary, after reasonable notice to the State, as 

11 applicable— 

12 (1) this subtitle expires effective on the later of— 

13 (A) January 22, 2025; and 

14 (B) the day after such alternative later date 

15 as is agreed to by the Tribe and the Secretary; 

16 (2) any action taken by the Secretary and any 

17 contract or agreement entered into pursuant to this 

18 subtitle shall be void; 

19 (3) any amounts made available under section 

20 3718, together with any interest on those amounts, 

21 that remain unexpended shall immediately revert to 

22 the general fund of the Treasury, except for any funds 

23 made available under section 3716(e)(2) if the Mon24 tana Water Court denies the Tribe’s request to rein25 state the objections in section 3720(c); and 
556 

•S 612 EAH 

1 (4) the United States shall be entitled to offset 

2 against any claims asserted by the Tribe against the 

3 United States relating to water rights— 

4 (A) any funds expended or withdrawn from 

5 the amounts made available pursuant to this 

6 subtitle; and 

7 (B) any funds made available to carry out 

8 the activities authorized by this subtitle from 

9 other authorized sources, except for any funds 

10 provided under section 3716(e)(2) if the Montana 

11 Water court denies the Tribe’s request to rein12 state the objections in section 3720(c). 

13 SEC. 3724. ANTIDEFICIENCY. 

14 The United States shall not be liable for any failure 

15 to carry out any obligation or activity authorized by this 

16 subtitle (including any obligation or activity under the 

17 Compact) if— 

18 (1) adequate appropriations are not provided ex19 pressly by Congress to carry out the purposes of this 

20 subtitle; or 

21 (2) there are not enough monies available to 

22 carry out the purposes of this subtitle in the Reclama23 tion Water Settlements Fund established under sec24 tion 10501(a) of the Omnibus Public Land Manage25 ment Act of 2009 (43 U.S.C. 407(a)). 
557 

•S 612 EAH 

1 Subtitle H—Water Desalination 

2 SEC. 3801. REAUTHORIZATION OF WATER DESALINATION 

3 ACT OF 1996. 

4 (a) AUTHORIZATION OF RESEARCH AND STUDIES.— 

5 Section 3 of the Water Desalination Act of 1996 (42 U.S.C. 

6 10301 note; Public Law 104–298) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (6), by striking ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (7), by striking the period 

11 at the end and inserting a semicolon; and 

12 (C) by adding at the end the following: 

13 ‘‘(8) development of metrics to analyze the costs 

14 and benefits of desalination relative to other sources 

15 of water (including costs and benefits related to asso16 ciated infrastructure, energy use, environmental im17 pacts, and diversification of water supplies); and 

18 ‘‘(9) development of design and siting specifica19 tions that avoid or minimize, adverse economic and 

20 environmental impacts.’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(e) PRIORITIZATION.—In carrying out this section, 

23 the Secretary shall prioritize funding for research— 

24 ‘‘(1) to reduce energy consumption and lower the 

25 cost of desalination, including chloride control; 
558 

•S 612 EAH 

1 ‘‘(2) to reduce the environmental impacts of sea2 water desalination and develop technology and strate3 gies to minimize those impacts; 

4 ‘‘(3) to improve existing reverse osmosis and 

5 membrane technology; 

6 ‘‘(4) to carry out basic and applied research on 

7 next generation desalination technologies, including 

8 improved energy recovery systems and renewable en9 ergy-powered desalination systems that could signifi10 cantly reduce desalination costs; 

11 ‘‘(5) to develop portable or modular desalination 

12 units capable of providing temporary emergency 

13 water supplies for domestic or military deployment 

14 purposes; and 

15 ‘‘(6) to develop and promote innovative desalina16 tion technologies, including chloride control, identified 

17 by the Secretary.’’. 

18 (b) DESALINATION DEMONSTRATION AND DEVELOP19 MENT.—Section 4 of the Water Desalination Act of 1996 

20 (42 U.S.C. 10301 note; Public Law 104–298) is amended 

21 by adding at the end the following: 

22 ‘‘(c) PRIORITIZATION.—In carrying out demonstration 

23 and development activities under this section, the Secretary 

24 shall prioritize projects— 
559 

•S 612 EAH 

1 ‘‘(1) for the benefit of drought-stricken States 

2 and communities; 

3 ‘‘(2) for the benefit of States that have authorized 

4 funding for research and development of desalination 

5 technologies and projects; 

6 ‘‘(3) that can reduce reliance on imported water 

7 supplies that have an impact on species listed under 

8 the Endangered Species Act of 1973 (16 U.S.C. 1531 

9 et seq.); and 

10 ‘‘(4) that demonstrably leverage the experience of 

11 international partners with considerable expertise in 

12 desalination, such as the State of Israel. 

13 ‘‘(d) WATER PRODUCTION.—The Secretary shall pro14 vide, as part of the annual budget submission to Congress, 

15 an estimate of how much water has been produced and de16 livered in the past fiscal year using processes and facilities 

17 developed or demonstrated using assistance provided under 

18 sections 3 and 4. This submission shall include, to the extent 

19 practicable, available information on a detailed water ac20 counting by process and facility and the cost per acre foot 

21 of water produced and delivered.’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 8 

23 of the Water Desalination Act of 1996 (42 U.S.C. 10301 

24 note; Public Law 104–298) is amended— 
560 

•S 612 EAH 

1 (1) in subsection (a), by striking ‘‘2013’’ and in2 serting ‘‘2021’’; and 

3 (2) in subsection (b), by striking ‘‘for each of fis4 cal years 2012 through 2013’’ and inserting ‘‘for each 

5 of fiscal years 2017 through 2021’’. 

6 (d) CONSULTATION.—Section 9 of the Water Desalina7 tion Act of 1996 (42 U.S.C. 10301 note; Public Law 104– 

8 298) is amended— 

9 (1) by striking the section designation and head10 ing and all that follows through ‘‘In carrying out’’ in 

11 the first sentence and inserting the following: 

12 ‘‘SEC. 9. CONSULTATION AND COORDINATION. 

13 ‘‘(a) CONSULTATION.—In carrying out’’; 

14 (2) in the second sentence, by striking ‘‘The au15 thorization’’ and inserting the following: 

16 ‘‘(c) OTHER DESALINATION PROGRAMS.—The author17 ization’’; and 

18 (3) by inserting after subsection (a) (as des19 ignated by paragraph (1)) the following: 

20 ‘‘(b) COORDINATION OF FEDERAL DESALINATION RE21 SEARCH AND DEVELOPMENT.—The White House Office of 

22 Science and Technology Policy shall develop a coordinated 

23 strategic plan that— 

24 ‘‘(1) establishes priorities for future Federal in25 vestments in desalination; 
561 

•S 612 EAH 

1 ‘‘(2) coordinates the activities of Federal agencies 

2 involved in desalination, including the Bureau of 

3 Reclamation, the Corps of Engineers, the United 

4 States Army Tank Automotive Research, Development 

5 and Engineering Center, the National Science Foun6 dation, the Office of Naval Research of the Depart7 ment of Defense, the National Laboratories of the De8 partment of Energy, the United States Geological 

9 Survey, the Environmental Protection Agency, and 

10 the National Oceanic and Atmospheric Administra11 tion; 

12 ‘‘(3) strengthens research and development co13 operation with international partners, such as the 

14 State of Israel, in the area of desalination technology; 

15 and 

16 ‘‘(4) promotes public-private partnerships to de17 velop a framework for assessing needs for, and to op18 timize siting and design of, future ocean desalination 

19 projects.’’. 
562 

•S 612 EAH 

1 Subtitle I—Amendments to the 

2 Great Lakes Fish and Wildlife 

3 Restoration Act of 1990 

4 SEC. 3901. AMENDMENTS TO THE GREAT LAKES FISH AND 

5 WILDLIFE RESTORATION ACT OF 1990. 

6 (a) REFERENCES.—Except as otherwise expressly pro7 vided, wherever in this section an amendment is expressed 

8 in terms of an amendment to a section or other provision, 

9 the reference shall be considered to be made to a section or 

10 other provision of the Great Lakes Fish and Wildlife Res11 toration Act of 1990 (16 U.S.C. 941 et seq.). 

12 (b) FINDINGS.—The Act is amended by striking section 

13 1002 and inserting the following: 

14 ‘‘SEC. 1002. FINDINGS. 

15 ‘‘Congress finds that— 

16 ‘‘(1) the Great Lakes have fish and wildlife com17 munities that are structurally and functionally 

18 changing; 

19 ‘‘(2) successful fish and wildlife management fo20 cuses on the lakes as ecosystems, and effective manage21 ment requires the coordination and integration of ef22 forts of many partners; 

23 ‘‘(3) additional actions and better coordination 

24 are needed to protect and effectively manage the fish 
563 

•S 612 EAH 

1 and wildlife resources, and the habitats on which the 

2 resources depend, in the Great Lakes Basin; and 

3 ‘‘(4) this Act allows Federal agencies, States, and 

4 Indian tribes to work in an effective partnership by 

5 providing the funding for restoration work.’’. 

6 (c) IDENTIFICATION, REVIEW, AND IMPLEMENTATION

7 OF PROPOSALS AND REGIONAL PROJECTS.— 

8 (1) REQUIREMENTS FOR PROPOSALS AND RE9 GIONAL PROJECTS.—Section 1005(b)(2)(B) (16 U.S.C. 

10 941c(b)(2)(B)) is amended— 

11 (A) in clause (v), by striking ‘‘and’’ at the 

12 end; 

13 (B) in clause (vi), by striking the period at 

14 the end and inserting a semicolon; and 

15 (C) by adding at the end the following: 

16 ‘‘(vii) the strategic action plan of the 

17 Great Lakes Restoration Initiative; and 

18 ‘‘(viii) each applicable State wildlife 

19 action plan.’’. 

20 (2) REVIEW OF PROPOSALS.—Section 

21 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended 

22 by striking ‘‘Great Lakes Coordinator of the’’. 

23 (3) COST SHARING.—Section 1005(e) (16 U.S.C. 

24 941c(e)) is amended— 

25 (A) in paragraph (1)— 
564 

•S 612 EAH 

1 (i) by striking ‘‘Except as provided in 

2 paragraphs (2) and (4), not less than 25 

3 percent of the cost of implementing a pro4 posal’’ and inserting the following: 

5 ‘‘(A) NON-FEDERAL SHARE.—Except as 

6 provided in paragraphs (3) and (5) and subject 

7 to paragraph (2), not less than 25 percent of the 

8 cost of implementing a proposal or regional 

9 project’’; and 

10 (ii) by adding at the end the following: 

11 ‘‘(B) TIME PERIOD FOR PROVIDING

12 MATCH.—The non-Federal share of the cost of 

13 implementing a proposal or regional project re14 quired under subparagraph (A) may be provided 

15 at any time during the 2-year period preceding 

16 January 1 of the year in which the Director re17 ceives the application for the proposal or re18 gional project.’’; 

19 (B) by redesignating paragraphs (2) 

20 through (4) as paragraphs (3) through (5), re21 spectively; and 

22 (C) by inserting before paragraph (3) (as so 

23 redesignated) the following: 

24 ‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL

25 SHARE.— 
565 

•S 612 EAH 

1 ‘‘(A) IN GENERAL.—The Director may de2 termine the non-Federal share under paragraph 

3 (1) by taking into account— 

4 ‘‘(i) the appraised value of land or a 

5 conservation easement as described in sub6 paragraph (B); or 

7 ‘‘(ii) as described in subparagraph (C), 

8 the costs associated with— 

9 ‘‘(I) securing a conservation ease10 ment; and 

11 ‘‘(II) restoration or enhancement 

12 of the conservation easement. 

13 ‘‘(B) APPRAISAL OF CONSERVATION EASE14 MENT.— 

15 ‘‘(i) IN GENERAL.—The value of a con16 servation easement may be used to satisfy 

17 the non-Federal share of the cost of imple18 menting a proposal or regional project re19 quired under paragraph (1)(A) if the Direc20 tor determines that the conservation ease21 ment— 

22 ‘‘(I) meets the requirements of 

23 subsection (b)(2); 
566 

•S 612 EAH 

1 ‘‘(II) is acquired before the end of 

2 the grant period of the proposal or re3 gional project; 

4 ‘‘(III) is held in perpetuity for the 

5 conservation purposes of the programs 

6 of the United States Fish and Wildlife 

7 Service related to the Great Lakes 

8 Basin, as described in section 1006, by 

9 an accredited land trust or conser10 vancy or a Federal, State, or tribal 

11 agency; 

12 ‘‘(IV) is connected either phys13 ically or through a conservation plan14 ning process to the proposal or re15 gional project; and 

16 ‘‘(V) is appraised in accordance 

17 with clause (ii). 

18 ‘‘(ii) APPRAISAL.—With respect to the 

19 appraisal of a conservation easement de20 scribed in clause (i)— 

21 ‘‘(I) the appraisal valuation date 

22 shall be not later than 1 year after the 

23 price of the conservation easement was 

24 set under a contract; and 

25 ‘‘(II) the appraisal shall— 
567 

•S 612 EAH 

1 ‘‘(aa) conform to the Uni2 form Standards of Professional 

3 Appraisal Practice (USPAP); and 

4 ‘‘(bb) be completed by a 

5 Federal- or State-certified ap6 praiser. 

7 ‘‘(C) COSTS OF SECURING CONSERVATION

8 EASEMENTS.— 

9 ‘‘(i) IN GENERAL.—All costs associated 

10 with securing a conservation easement and 

11 restoration or enhancement of that con12 servation easement may be used to satisfy 

13 the non-Federal share of the cost of imple14 menting a proposal or regional project re15 quired under paragraph (1)(A) if the activi16 ties and expenses associated with securing 

17 the conservation easement and restoration 

18 or enhancement of that conservation ease19 ment meet the requirements of subpara20 graph (B)(i). 

21 ‘‘(ii) INCLUSION.—The costs referred to 

22 in clause (i) may include cash, in-kind con23 tributions, and indirect costs. 

24 ‘‘(iii) EXCLUSION.—The costs referred 

25 to in clause (i) may not be costs associated 
568 

•S 612 EAH 

1 with mitigation or litigation (other than 

2 costs associated with the Natural Resource 

3 Damage Assessment program).’’. 

4 (d) ESTABLISHMENT OF OFFICES.—Section 1007 (16 

5 U.S.C. 941e) is amended— 

6 (1) in subsection (b)— 

7 (A) in the subsection heading, by striking 

8 ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH

9 AND WILDLIFE CONSERVATION’’; and 

10 (B) by striking ‘‘Fishery Resources’’ each 

11 place it appears and inserting ‘‘Fish and Wild12 life Conservation’’; 

13 (2) in subsection (c)— 

14 (A) in the subsection heading, by striking 

15 ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH

16 AND WILDLIFE CONSERVATION’’; and 

17 (B) by striking ‘‘Fishery Resources’’ each 

18 place it appears and inserting ‘‘Fish and Wild19 life Conservation’’; 

20 (3) by striking subsection (a); and 

21 (4) by redesignating subsections (b) and (c) as 

22 subsections (a) and (b), respectively. 

23 (e) REPORTS.—Section 1008 (16 U.S.C. 941f) is 

24 amended— 
569 

•S 612 EAH 

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

2 paragraph (1), by striking ‘‘2011’’ and inserting 

3 ‘‘2021’’; 

4 (2) in subsection (b)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘2007 through 2012’’ and inserting 

7 ‘‘2016 through 2020’’; and 

8 (B) in paragraph (5), by inserting ‘‘the 

9 Great Lakes Restoration Initiative Action Plan 

10 based on’’ after ‘‘in support of’’; and 

11 (3) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) CONTINUED MONITORING AND ASSESSMENT OF

14 STUDY FINDINGS AND RECOMMENDATIONS.—The Direc15 tor— 

16 ‘‘(1) shall continue to monitor the status, and the 

17 assessment, management, and restoration needs, of the 

18 fish and wildlife resources of the Great Lakes Basin; 

19 and 

20 ‘‘(2) may reassess and update, as necessary, the 

21 findings and recommendations of the Report.’’. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 1009 (16 U.S.C. 941g) is amended— 
570 

•S 612 EAH 

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

2 striking ‘‘2007 through 2012’’ and inserting ‘‘2016 

3 through 2021’’; 

4 (2) in paragraph (1)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘$14,000,000’’ and inserting 

7 ‘‘$6,000,000’’; 

8 (B) in subparagraph (A), by striking 

9 ‘‘$4,600,000’’ and inserting ‘‘$2,000,000’’; and 

10 (C) in subparagraph (B), by striking 

11 ‘‘$700,000’’ and inserting ‘‘$300,000’’; and 

12 (3) in paragraph (2), by striking ‘‘the activities 

13 of’’ and all that follows through ‘‘section 1007’’ and 

14 inserting ‘‘the activities of the Upper Great Lakes 

15 Fish and Wildlife Conservation Offices and the Lower 

16 Great Lakes Fish and Wildlife Conservation Office 

17 under section 1007’’. 

18 (g) PROHIBITION ON USE OF FUNDS FOR FEDERAL

19 ACQUISITION OF INTERESTS IN LAND.—Section 1009 (16 

20 U.S.C. 941g) is further amended— 

21 (1) by inserting before the sentence the following: 

22 ‘‘(a) AUTHORIZATION.—’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(b) PROHIBITION ON USE OF FUNDS FOR FEDERAL

25 ACQUISITION OF INTERESTS IN LAND.—No funds appro-
571 

•S 612 EAH 

1 priated or used to carry out this Act may be used for acqui2 sition by the Federal Government of any interest in land.’’. 

3 (h) CONFORMING AMENDMENT.—Section 8 of the 

4 Great Lakes Fish and Wildlife Restoration Act of 2006 (16 

5 U.S.C. 941 note; Public Law 109–326) is repealed. 

6 Subtitle J—California Water 

7 SEC. 4001. OPERATIONS AND REVIEWS. 

8 (a) WATER SUPPLIES.—The Secretary of the Interior 

9 and Secretary of Commerce shall provide the maximum 

10 quantity of water supplies practicable to Central Valley 

11 Project agricultural, municipal and industrial contractors, 

12 water service or repayment contractors, water rights settle13 ment contractors, exchange contractors, refuge contractors, 

14 and State Water Project contractors, by approving, in ac15 cordance with applicable Federal and State laws (including 

16 regulations), operations or temporary projects to provide 

17 additional water supplies as quickly as possible, based on 

18 available information. 

19 (b) ADMINISTRATION.—In carrying out subsection (a), 

20 the Secretary of the Interior and Secretary of Commerce 

21 shall, consistent with applicable laws (including regula22 tions)— 

23 (1)(A) in close coordination with the California 

24 Department of Water Resources and the California 

25 Department of Fish and Wildlife, implement a pilot 
572 

•S 612 EAH 

1 project to test and evaluate the ability to operate the 

2 Delta cross-channel gates daily or as otherwise may 

3 be appropriate to keep them open to the greatest ex4 tent practicable to protect out-migrating salmonids, 

5 manage salinities in the interior Delta and any other 

6 water quality issues, and maximize Central Valley 

7 Project and State Water Project pumping, subject to 

8 the condition that the pilot project shall be designed 

9 and implemented consistent with operational criteria 

10 and monitoring criteria required by the California 

11 State Water Resources Control Board; and 

12 (B) design, implement, and evaluate such real13 time monitoring capabilities to enable effective real14 time operations of the cross channel in order effi15 ciently to meet the objectives described in subpara16 graph (A); 

17 (2) with respect to the operation of the Delta 

18 cross-channel gates described in paragraph (1), collect 

19 data on the impact of that operation on— 

20 (A) species listed as threatened or endan21 gered under the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.); 

23 (B) water quality; and 

24 (C) water supply benefits; 
573 

•S 612 EAH 

1 (3) collaborate with the California Department 

2 of Water Resources to install a deflection barrier at 

3 Georgiana Slough and the Delta Cross Channel Gate 

4 to protect migrating salmonids, consistent with 

5 knowledge gained from activities carried out during 

6 2014 and 2015; 

7 (4) upon completion of the pilot project in para8 graph (1), submit to the Senate Committees on En9 ergy and Natural Resources and Environment and 

10 Public Works and the House Committee on Natural 

11 Resources a written notice and explanation on the ex12 tent to which the gates are able to remain open and 

13 the pilot project achieves all the goals set forth in 

14 paragraphs (1) through (3); 

15 (5) implement turbidity control strategies that 

16 may allow for increased water deliveries while avoid17 ing jeopardy to adult Delta smelt (Hypomesus 

18 transpacificus); 

19 (6) in a timely manner, evaluate any proposal 

20 to increase flow in the San Joaquin River through a 

21 voluntary sale, transfer, or exchange of water from an 

22 agency with rights to divert water from the San Joa23 quin River or its tributaries; 

24 (7) adopt a 1:1 inflow to export ratio for the in25 crement of increased flow, as measured as a 3-day 
574 

•S 612 EAH 

1 running average at Vernalis during the period from 

2 April 1 through May 31, that results from the vol3 untary sale, transfer, or exchange, unless the Sec4 retary of the Interior and Secretary of Commerce de5 termine in writing that a 1:1 inflow to export ratio 

6 for that increment of increased flow will cause addi7 tional adverse effects on listed salmonid species be8 yond the range of the effects anticipated to occur to 

9 the listed salmonid species for the duration of the 

10 salmonid biological opinion using the best scientific 

11 and commercial data available; and subject to the 

12 condition that any individual sale, transfer, or ex13 change using a 1:1 inflow to export ratio adopted 

14 under the authority of this section may only proceed 

15 if— 

16 (A) the Secretary of the Interior determines 

17 that the environmental effects of the proposed 

18 sale, transfer, or exchange are consistent with ef19 fects permitted under applicable law (including 

20 the Endangered Species Act of 1973 (16 U.S.C. 

21 1531 et seq.), the Federal Water Pollution Con22 trol Act (33 U.S.C. 1381 et seq.), and the Porter23 Cologne Water Quality Control Act (California 

24 Water Code 13000 et seq.)); 
575 

•S 612 EAH 

1 (B) Delta conditions are suitable to allow 

2 movement of the acquired, transferred, or ex3 changed water through the Delta consistent with 

4 existing Central Valley Project and State Water 

5 Project permitted water rights and the require6 ments of subsection (a)(1)(H) of the Central Val7 ley Project Improvement Act; and 

8 (C) such voluntary sale, transfer, or ex9 change of water results in flow that is in addi10 tion to flow that otherwise would occur in the 

11 absence of the voluntary sale, transfer, or ex12 change; 

13 (8)(A) issue all necessary permit decisions dur14 ing emergency consultation under the authority of the 

15 Secretary of the Interior and Secretary of Commerce 

16 not later than 60 days after receiving a completed ap17 plication by the State to place and use temporary 

18 barriers or operable gates in Delta channels to im19 prove water quantity and quality for State Water 

20 Project and Central Valley Project south-of-Delta 

21 water contractors and other water users, which bar22 riers or gates shall provide benefits for species protec23 tion and in-Delta water user water quality, provided 

24 that they are designed so that, if practicable, formal 

25 consultations under section 7 of the Endangered Spe-
576 

•S 612 EAH 

1 cies Act of 1973 (16 U.S.C. 1536) are not necessary; 

2 and 

3 (B) take longer to issue the permit decisions in 

4 subparagraph (A) only if the Secretary determines in 

5 writing that an Environmental Impact Statement is 

6 needed for the proposal to comply with the National 

7 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.); 

9 (9) allow and facilitate, consistent with existing 

10 priorities, water transfers through the C.W. ‘‘Bill’’ 

11 Jones Pumping Plant or the Harvey O. Banks Pump12 ing Plant from April 1 to November 30; 

13 (10) require the Director of the United States 

14 Fish and Wildlife Service and the Commissioner of 

15 Reclamation to— 

16 (A) determine if a written transfer proposal 

17 is complete within 30 days after the date of sub18 mission of the proposal. If the contracting dis19 trict or agency or the Secretary determines that 

20 the proposal is incomplete, the district or agency 

21 or the Secretary shall state with specificity what 

22 must be added to or revised for the proposal to 

23 be complete; 

24 (B) complete all requirements under the Na25 tional Environmental Policy Act of 1969 (42 
577 

•S 612 EAH 

1 U.S.C. 4321 et seq.) and the Endangered Species 

2 Act of 1973 (16 U.S.C. et seq.) necessary to make 

3 final permit decisions on water transfer requests 

4 in the State, not later than 45 days after receiv5 ing a completed request; 

6 (C) take longer to issue the permit decisions 

7 in subparagraph (B) only if the Secretary deter8 mines in writing that an Environmental Impact 

9 Statement is needed for the proposal to comply 

10 with the National Environmental Policy Act of 

11 1969 (42 U.S.C. et seq.), or that the application 

12 is incomplete pursuant to subparagraph (A); 

13 and 

14 (D) approve any water transfer request de15 scribed in subparagraph (A) to maximize the 

16 quantity of water supplies on the condition that 

17 actions associated with the water transfer are 

18 consistent with— 

19 (i) existing Central Valley Project and 

20 State Water Project permitted water rights 

21 and the requirements of section 

22 3405(a)(1)(H) of the Central Valley Project 

23 Improvement Act; and 

24 (ii) all other applicable laws and regu25 lations; 
578 

•S 612 EAH 

1 (11) in coordination with the Secretary of Agri2 culture, enter into an agreement with the National 

3 Academy of Sciences to conduct a comprehensive 

4 study, to be completed not later than 1 year after the 

5 date of enactment of this subtitle, on the effectiveness 

6 and environmental impacts of salt cedar biological 

7 control efforts on increasing water supplies and im8 proving riparian habitats of the Colorado River and 

9 its principal tributaries, in the State of California 

10 and elsewhere; 

11 (12) pursuant to the research and adaptive man12 agement procedures of the smelt biological opinion 

13 and the salmonid biological opinion use all available 

14 scientific tools to identify any changes to the real15 time operations of Bureau of Reclamation, State, and 

16 local water projects that could result in the avail17 ability of additional water supplies; and 

18 (13) determine whether alternative operational 

19 or other management measures would meet applicable 

20 regulatory requirements for listed species while maxi21 mizing water supplies and water supply reliability; 

22 and 

23 (14) continue to vary the averaging period of the 

24 Delta Export/Inflow ratio, to the extent consistent 
579 

•S 612 EAH 

1 with any applicable State Water Resources Control 

2 Board orders under decision D–1641, to operate to a 

3 (A) ratio using a 3-day averaging period on 

4 the rising limb of a Delta inflow hydrograph; 

5 and 

6 (B) 14-day averaging period on the falling 

7 limb of the Delta inflow hydrograph. 

8 (c) OTHER AGENCIES.—To the extent that a Federal 

9 agency other than the Department of the Interior and the 

10 Department of Commerce has a role in approving projects 

11 described in subsections (a) and (b), this section shall apply 

12 to the Federal agency. 

13 (d) ACCELERATED PROJECT DECISION AND ELE14 VATION.— 

15 (1) IN GENERAL.—On request of the Governor of 

16 California, the Secretary of the Interior and Sec17 retary of Commerce shall use the expedited procedures 

18 under this subsection to make final decisions relating 

19 to Federal or federally approved projects or oper20 ational changes proposed pursuant to subsections (a) 

21 and (b) to provide additional water supplies or other22 wise address emergency drought conditions. 

23 (2) REQUEST FOR RESOLUTION.—Not later than 

24 7 days after receiving a request of the Governor of 

25 California, the Secretaries referred to in paragraph 
580 

•S 612 EAH 

1 (1), or the head of another Federal agency responsible 

2 for carrying out a review of a project, as applicable, 

3 the Secretary of the Interior shall convene a final 

4 project decision meeting with the heads of all relevant 

5 Federal agencies to decide whether to approve a 

6 project to provide emergency water supplies or other7 wise address emergency drought condition. 

8 (3) NOTIFICATION.—Upon receipt of a request 

9 for a meeting under this subsection, the Secretary of 

10 the Interior shall notify the heads of all relevant Fed11 eral agencies of the request, including a description of 

12 the project to be reviewed and the date for the meet13 ing. 

14 (4) DECISION.—Not later than 10 days after the 

15 date on which a meeting is requested under para16 graph (2), the head of the relevant Federal agency 

17 shall issue a final decision on the project. 

18 (2) MEETING CONVENED BY SECRETARY.—The 

19 Secretary of the Interior may convene a final project 

20 decision meeting under this subsection at any time, at 

21 the discretion of the Secretary, regardless of whether 

22 a meeting is requested under paragraph (2). 

23 (3) LIMITATION.—The expedited procedures 

24 under this subsection apply only to— 
581 

•S 612 EAH 

1 (A) proposed new Federal projects or oper2 ational changes pursuant to subsection (a) or 

3 (b); and 

4 (B) the extent they are consistent with ap5 plicable laws (including regulations). 

6 (e) OPERATIONS PLAN.—The Secretaries of Commerce 

7 and the Interior, in consultation with appropriate State of8 ficials, shall develop an operations plan that is consistent 

9 with the provisions of this subtitle and other applicable 

10 Federal and State laws, including provisions that are in11 tended to provide additional water supplies that could be 

12 of assistance during the current drought. 

13 SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION 

14 OF OMR FLOW REQUIREMENTS. 

15 (a) IN GENERAL.—In implementing the provisions of 

16 the smelt biological opinion and the salmonid biological 

17 opinion, the Secretary of the Interior and the Secretary of 

18 Commerce shall manage reverse flow in Old and Middle 

19 Rivers at the most negative reverse flow rate allowed under 

20 the applicable biological opinion to maximize water sup21 plies for the Central Valley Project and the State Water 

22 Project, unless that management of reverse flow in Old and 

23 Middle Rivers to maximize water supplies would cause ad24 ditional adverse effects on the listed fish species beyond the 

25 range of effects anticipated to occur to the listed fish species 
582 

•S 612 EAH 

1 for the duration of the applicable biological opinion, or 

2 would be inconsistent with applicable State law require3 ments, including water quality, salinity control, and com4 pliance with State Water Resources Control Board Order 

5 D–1641 or a successor order. 

6 (b) REQUIREMENTS.—If the Secretary of the Interior 

7 or Secretary of Commerce determines to manage rates of 

8 pumping at the C.W. ‘‘Bill’’ Jones and the Harvey O. 

9 Banks pumping plants in the southern Delta to achieve a 

10 reverse OMR flow rate less negative than the most negative 

11 reverse flow rate prescribed by the applicable biological 

12 opinion, the Secretary shall— 

13 (1) document in writing any significant facts re14 garding real-time conditions relevant to the deter15 minations of OMR reverse flow rates, including— 

16 (A) targeted real-time fish monitoring in 

17 the Old River pursuant to this section, including 

18 as it pertains to the smelt biological opinion 

19 monitoring of Delta smelt in the vicinity of Sta20 tion 902; 

21 (B) near-term forecasts with available sal22 vage models under prevailing conditions of the 

23 effects on the listed species of OMR flow at the 

24 most negative reverse flow rate prescribed by the 

25 biological opinion; and 
583 

•S 612 EAH 

1 (C) any requirements under applicable 

2 State law; and 

3 (2) explain in writing why any decision to man4 age OMR reverse flow at rates less negative than the 

5 most negative reverse flow rate prescribed by the bio6 logical opinion is necessary to avoid additional ad7 verse effects on the listed fish species beyond the range 

8 of effects anticipated to occur to the listed fish species 

9 for the duration of the applicable biological opinion, 

10 after considering relevant factors such as— 

11 (A) the distribution of the listed species 

12 throughout the Delta; 

13 (B) the potential effects of high entrainment 

14 risk on subsequent species abundance; 

15 (C) the water temperature; 

16 (D) other significant factors relevant to the 

17 determination, as required by applicable Federal 

18 or State laws; 

19 (E) turbidity; and 

20 (F) whether any alternative measures could 

21 have a substantially lesser water supply impact. 

22 (c) LEVEL OF DETAIL REQUIRED.—The analyses and 

23 documentation required by this section shall be comparable 

24 to the depth and complexity as is appropriate for real time 

25 decision-making. This section shall not be interpreted to re-
584 

•S 612 EAH 

1 quire a level of administrative findings and documentation 

2 that could impede the execution of effective real time adapt3 ive management. 

4 (d) FIRST SEDIMENT FLUSH.—During the first flush 

5 of sediment out of the Delta in each water year, and pro6 vided that such determination is based upon objective evi7 dence, notwithstanding subsection (a), the Secretary of the 

8 Interior shall manage OMR flow pursuant to the provisions 

9 of the smelt biological opinion that protects adult Delta 

10 smelt from the first flush if required to do so by the smelt 

11 biological opinion. 

12 (e) CONSTRUCTION.—The Secretary of the Interior and 

13 the Secretary of Commerce are authorized to implement 

14 subsection (a) consistent with the results of monitoring 

15 through Early Warning Surveys to make real time oper16 ational decisions consistent with the current applicable bio17 logical opinion. 

18 (f) CALCULATION OF REVERSE FLOW IN OMR.—With19 in 180 days of the enactment of this subtitle, the Secretary 

20 of the Interior is directed, in consultation with the Cali21 fornia Department of Water Resources, and consistent with 

22 the smelt biological opinion and the salmonid biological 

23 opinion, to review, modify, and implement, if appropriate, 

24 the method used to calculate reverse flow in Old and Middle 

25 Rivers, for implementation of the reasonable and prudent 
585 

•S 612 EAH 

1 alternatives in the smelt biological opinion and the 

2 salmonid biological opinion, and any succeeding biological 

3 opinions. 

4 SEC. 4003. TEMPORARY OPERATIONAL FLEXIBILITY FOR 

5 STORM EVENTS. 

6 (a) IN GENERAL.— 

7 (1) Nothing in this subtitle authorizes additional 

8 adverse effects on listed species beyond the range of 

9 the effects anticipated to occur to the listed species for 

10 the duration of the smelt biological opinion or 

11 salmonid biological opinion, using the best scientific 

12 and commercial data available. 

13 (2) When consistent with the environmental pro14 tection mandate in paragraph (1) while maximizing 

15 water supplies for Central Valley Project and State 

16 Water Project contractors, the Secretary of the Inte17 rior and the Secretary of Commerce, through an oper18 ations plan, shall evaluate and may authorize the 

19 Central Valley Project and the State Water Project, 

20 combined, to operate at levels that result in OMR 

21 flows more negative than the most negative reverse 

22 flow rate prescribed by the applicable biological opin23 ion (based on United States Geological Survey gauges 

24 on Old and Middle Rivers) daily average as described 
586 

•S 612 EAH 

1 in subsections (b) and (c) to capture peak flows dur2 ing storm-related events. 

3 (b) FACTORS TO BE CONSIDERED.—In determining 

4 additional adverse effects on any listed fish species beyond 

5 the range of effects anticipated to occur to the listed fish 

6 species for the duration of the smelt biological opinion or 

7 salmonid biological opinion, using the best scientific and 

8 commercial data available, the Secretaries of the Interior 

9 and Commerce may consider factors including: 

10 (1) The degree to which the Delta outflow index 

11 indicates a higher level of flow available for diversion. 

12 (2) Relevant physical parameters including pro13 jected inflows, turbidity, salinities, and tidal cycles. 

14 (3) The real-time distribution of listed species. 

15 (c) OTHER ENVIRONMENTAL PROTECTIONS.— 

16 (1) STATE LAW.—The actions of the Secretary of 

17 the Interior and the Secretary of Commerce under 

18 this section shall be consistent with applicable regu19 latory requirements under State law. 

20 (2) FIRST SEDIMENT FLUSH.—During the first 

21 flush of sediment out of the Delta in each water year, 

22 and provided that such determination is based upon 

23 objective evidence, the Secretary of the Interior shall 

24 manage OMR flow pursuant to the portion of the 

25 smelt biological opinion that protects adult Delta 
587 

•S 612 EAH 

1 smelt from the first flush if required to do so by the 

2 smelt biological opinion. 

3 (3) APPLICABILITY OF OPINION.—This section 

4 shall not affect the application of the salmonid bio5 logical opinion from April 1 to May 31, unless the 

6 Secretary of Commerce finds that some or all of such 

7 applicable requirements may be adjusted during this 

8 time period to provide emergency water supply relief 

9 without resulting in additional adverse effects on list10 ed salmonid species beyond the range of the effects an11 ticipated to occur to the listed salmonid species for 

12 the duration of the salmonid biological opinion using 

13 the best scientific and commercial data available. In 

14 addition to any other actions to benefit water supply, 

15 the Secretary of the Interior and the Secretary of 

16 Commerce shall consider allowing through-Delta 

17 water transfers to occur during this period if they can 

18 be accomplished consistent with section 3405(a)(1)(H) 

19 of the Central Valley Project Improvement Act and 

20 other applicable law. Water transfers solely or exclu21 sively through the State Water Project are not re22 quired to be consistent with subsection (a)(1)(H) of 

23 the Central Valley Project Improvement Act. 

24 (4) MONITORING.—During operations under this 

25 section, the Commissioner of Reclamation, in coordi-
588 

•S 612 EAH 

1 nation with the Fish and Wildlife Service, National 

2 Marine Fisheries Service, and California Department 

3 of Fish and Wildlife, shall undertake expanded moni4 toring programs and other data gathering to improve 

5 the efficiency of operations for listed species protec6 tions and Central Valley Project and State Water 

7 Project water supply to ensure incidental take levels 

8 are not exceeded, and to identify potential negative 

9 impacts, if any. 

10 (d) EFFECT OF HIGH OUTFLOWS.—When exercising 

11 their authorities to capture peak flows pursuant to sub12 section (c), the Secretary of the Interior and the Secretary 

13 of Commerce shall not count such days toward the 5-day 

14 and 14-day running averages of tidally filtered daily Old 

15 and Middle River flow requirements under the smelt bio16 logical opinion and salmonid biological opinion, unless 

17 doing so is required to avoid additional adverse effects on 

18 listed fish species beyond those anticipated to occur through 

19 implementation of the smelt biological opinion and 

20 salmonid biological opinion using the best scientific and 

21 commercial data available. 

22 (e) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.—In 

23 articulating the determinations required under this section, 

24 the Secretary of the Interior and the Secretary of Commerce 

25 shall fully satisfy the requirements herein but shall not be 
589 

•S 612 EAH 

1 expected to provide a greater level of supporting detail for 

2 the analysis than feasible to provide within the short time3 frame permitted for timely real-time decisionmaking in re4 sponse to changing conditions in the Delta. 

5 SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS. 

6 (a) RESOLUTION OF WATER RESOURCE ISSUES.—In 

7 furtherance of the policy established by section 2(c)(2) of 

8 the Endangered Species Act of 1973, that Federal agencies 

9 shall cooperate with State and local agencies to resolve 

10 water resource issues in concert with conservation of endan11 gered species, in any consultation or reconsultation on the 

12 coordinated operations of the Central Valley Project and the 

13 State Water Project, the Secretaries of the Interior and 

14 Commerce shall ensure that any public water agency that 

15 contracts for the delivery of water from the Central Valley 

16 Project or the State Water Project that so requests shall— 

17 (1) have routine and continuing opportunities to 

18 discuss and submit information to the action agency 

19 for consideration during the development of any bio20 logical assessment; 

21 (2) be informed by the action agency of the 

22 schedule for preparation of a biological assessment; 

23 (3) be informed by the consulting agency, the 

24 U.S. Fish and Wildlife Service or the National Ma25 rine Fisheries Service, of the schedule for preparation 
590 

•S 612 EAH 

1 of the biological opinion at such time as the biological 

2 assessment is submitted to the consulting agency by 

3 the action agency; 

4 (4) receive a copy of any draft biological opinion 

5 and have the opportunity to review that document 

6 and provide comment to the consulting agency 

7 through the action agency, which comments will be af8 forded due consideration during the consultation; 

9 (5) have the opportunity to confer with the ac10 tion agency and applicant, if any, about reasonable 

11 and prudent alternatives prior to the action agency 

12 or applicant identifying one or more reasonable and 

13 prudent alternatives for consideration by the con14 sulting agency; and 

15 (6) where the consulting agency suggests a rea16 sonable and prudent alternative be informed— 

17 (A) how each component of the alternative 

18 will contribute to avoiding jeopardy or adverse 

19 modification of critical habitat and the scientific 

20 data or information that supports each compo21 nent of the alternative; and 

22 (B) why other proposed alternative actions 

23 that would have fewer adverse water supply and 

24 economic impacts are inadequate to avoid jeop25 ardy or adverse modification of critical habitat. 
591 

•S 612 EAH 

1 (b) INPUT.—When consultation is ongoing, the Secre2 taries of the Interior and Commerce shall regularly solicit 

3 input from and report their progress to the Collaborative 

4 Adaptive Management Team and the Collaborative Science 

5 and Adaptive Management Program policy group. The Col6 laborative Adaptive Management Team and the Collabo7 rative Science and Adaptive Management Program policy 

8 group may provide the Secretaries with recommendations 

9 to improve the effects analysis and Federal agency deter10 minations. The Secretaries shall give due consideration to 

11 the recommendations when developing the Biological Assess12 ment and Biological Opinion. 

13 (c) MEETINGS.—The Secretaries shall establish a quar14 terly stakeholder meeting during any consultation or recon15 sultation for the purpose of providing updates on the devel16 opment of the Biological Assessment and Biological Opin17 ion. The quarterly stakeholder meeting shall be open to 

18 stakeholders identified by the Secretaries representing a 

19 broad range of interests including environmental, rec20 reational and commercial fishing, agricultural, municipal, 

21 Delta, and other regional interests, and including stake22 holders that are not state or local agencies. 

23 (d) CLARIFICATION.—Neither subsection (b) or (c) of 

24 this section may be used to meet the requirements of sub25 section (a). 
592 

•S 612 EAH 

1 (e) NON-APPLICABILITY OF FACA.—For the purposes 

2 of subsection (b), the Collaborative Adaptive Management 

3 Team, the Collaborative Science and Adaptive Management 

4 Program policy group, and any recommendations made to 

5 the Secretaries, are exempt from the Federal Advisory Com6 mittee Act. 

7 SEC. 4005. PROTECTIONS. 

8 (a) APPLICABILITY.—This section shall apply only to 

9 sections 4001 through 4006. 

10 (b) OFFSET FOR STATE WATER PROJECT.— 

11 (1) IMPLEMENTATION IMPACTS.—The Secretary 

12 of the Interior shall confer with the California De13 partment of Fish and Wildlife in connection with the 

14 implementation of the applicable provisions of this 

15 subtitle on potential impacts to any consistency deter16 mination for operations of the State Water Project 

17 issued pursuant to California Fish and Game Code 

18 section 2080.1. 

19 (2) ADDITIONAL YIELD.—If, as a result of the 

20 application of the applicable provisions of this sub21 title, the California Department of Fish and Wild22 life— 

23 (A) determines that operations of the State 

24 Water Project are inconsistent with the consist25 ency determinations issued pursuant to Cali-
593 

•S 612 EAH 

1 fornia Fish and Game Code section 2080.1 for 

2 operations of the State Water Project; or 

3 (B) requires take authorization under Cali4 fornia Fish and Game Code section 2081 for op5 eration of the State Water Project; 

6 in a manner that directly or indirectly results in re7 duced water supply to the State Water Project as 

8 compared with the water supply available under the 

9 smelt biological opinion and the salmonid biological 

10 opinion; and as a result, Central Valley Project yield 

11 is greater than it otherwise would have been, then 

12 that additional yield shall be made available to the 

13 State Water Project for delivery to State Water 

14 Project contractors to offset that reduced water sup15 ply, provided that if it is necessary to reduce water 

16 supplies for any Central Valley Project authorized 

17 uses or contractors to make available to the State 

18 Water Project that additional yield, such reductions 

19 shall be applied proportionately to those uses or con20 tractors that benefit from that increased yield. 

21 (3) NOTIFICATION RELATED TO ENVIRONMENTAL

22 PROTECTIONS.—The Secretary of the Interior and 

23 Secretary of Commerce shall— 

24 (A) notify the Director of the California De25 partment of Fish and Wildlife regarding any 
594 

•S 612 EAH 

1 changes in the manner in which the smelt bio2 logical opinion or the salmonid biological opin3 ion is implemented; and 

4 (B) confirm that those changes are con5 sistent with the Endangered Species Act of 1973 

6 (16 U.S.C. 1531 et seq.). 

7 (4) SAVINGS.—Nothing in the applicable provi8 sions of this subtitle shall have any effect on the ap9 plication of the California Endangered Species Act 

10 (California Fish and Game Code sections 2050 

11 through 2116). 

12 (c) AREA OF ORIGIN AND WATER RIGHTS PROTEC13 TIONS.— 

14 (1) IN GENERAL.—The Secretary of the Interior 

15 and the Secretary of Commerce, in carrying out the 

16 mandates of the applicable provisions of this subtitle, 

17 shall take no action that— 

18 (A) diminishes, impairs, or otherwise affects 

19 in any manner any area of origin, watershed of 

20 origin, county of origin, or any other water 

21 rights protection, including rights to water ap22 propriated before December 19, 1914, provided 

23 under State law; 

24 (B) limits, expands or otherwise affects the 

25 application of section 10505, 10505.5, 11128, 
595 

•S 612 EAH 

1 11460, 11461, 11462, 11463 or 12200 through 

2 12220 of the California Water Code or any other 

3 provision of State water rights law, without re4 spect to whether such a provision is specifically 

5 referred to in this section; or 

6 (C) diminishes, impairs, or otherwise affects 

7 in any manner any water rights or water rights 

8 priorities under applicable law. 

9 (2) EFFECT OF ACT.— 

10 (A) Nothing in the applicable provisions of 

11 this subtitle affects or modifies any obligation of 

12 the Secretary of the Interior under section 8 of 

13 the Act of June 17, 1902 (32 Stat. 390, chapter 

14 1093). 

15 (B) Nothing in the applicable provisions of 

16 this subtitle diminishes, impairs, or otherwise af17 fects in any manner any Project purposes or pri18 orities for the allocation, delivery or use of water 

19 under applicable law, including the Project pur20 poses and priorities established under section 

21 3402 and section 3406 of the Central Valley 

22 Project Improvement Act (Public Law 102–575; 

23 106 Stat. 4706). 

24 (d) NO REDIRECTED ADVERSE IMPACTS.— 
596 

•S 612 EAH 

1 (1) IN GENERAL.—The Secretary of the Interior 

2 and Secretary of Commerce shall not carry out any 

3 specific action authorized under the applicable provi4 sions of this subtitle that would directly or through 

5 State agency action indirectly result in the involun6 tary reduction of water supply to an individual, dis7 trict, or agency that has in effect a contract for water 

8 with the State Water Project or the Central Valley 

9 Project, including Settlement and Exchange contracts, 

10 refuge contracts, and Friant Division contracts, as 

11 compared to the water supply that would be provided 

12 in the absence of action under this subtitle, and noth13 ing in this section is intended to modify, amend or 

14 affect any of the rights and obligations of the parties 

15 to such contracts. 

16 (2) ACTION ON DETERMINATION.—If, after ex17 ploring all options, the Secretary of the Interior or 

18 the Secretary of Commerce makes a final determina19 tion that a proposed action under the applicable pro20 visions of this subtitle cannot be carried out in ac21 cordance with paragraph (1), that Secretary— 

22 (A) shall document that determination in 

23 writing for that action, including a statement of 

24 the facts relied on, and an explanation of the 

25 basis, for the decision; and 
597 

•S 612 EAH 

1 (B) is subject to applicable law, including 

2 the Endangered Species Act of 1973 (16 U.S.C. 

3 1531 et seq.). 

4 (e) ALLOCATIONS FOR SACRAMENTO VALLEY WATER

5 SERVICE CONTRACTORS.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) EXISTING CENTRAL VALLEY PROJECT

8 AGRICULTURAL WATER SERVICE CONTRACTOR

9 WITHIN THE SACRAMENTO RIVER WATERSHED.— 

10 The term ‘‘existing Central Valley Project agri11 cultural water service contractor within the Sac12 ramento River Watershed’’ means any water 

13 service contractor within the Shasta, Trinity, or 

14 Sacramento River division of the Central Valley 

15 Project that has in effect a water service contract 

16 on the date of enactment of this subtitle that pro17 vides water for irrigation. 

18 (B) YEAR TERMS.—The terms ‘‘Above Nor19 mal’’, ‘‘Below Normal’’, ‘‘Dry’’, and ‘‘Wet’’, with 

20 respect to a year, have the meanings given those 

21 terms in the Sacramento Valley Water Year 

22 Type (40–30–30) Index. 

23 (2) ALLOCATIONS OF WATER.— 

24 (A) ALLOCATIONS.—Subject to paragraph 

25 (3), the Secretary of the Interior shall make 
598 

•S 612 EAH 

1 every reasonable effort in the operation of the 

2 Central Valley Project to allocate water provided 

3 for irrigation purposes to each existing Central 

4 Valley Project agricultural water service con5 tractor within the Sacramento River Watershed 

6 in accordance with the following: 

7 (i) Not less than 100 percent of the 

8 contract quantity of the existing Central 

9 Valley Project agricultural water service 

10 contractor within the Sacramento River 

11 Watershed in a ‘‘Wet’’ year. 

12 (ii) Not less than 100 percent of the 

13 contract quantity of the existing Central 

14 Valley Project agricultural water service 

15 Contractor within the Sacramento River 

16 Watershed in an ‘‘Above Normal’’ year. 

17 (iii) Not less than 100 percent of the 

18 contract quantity of the existing Central 

19 Valley Project agricultural water service 

20 contractor within the Sacramento River 

21 Watershed in a ‘‘Below Normal’’ year that 

22 is preceded by an ‘‘Above Normal’’ or ‘‘Wet’’ 

23 year. 

24 (iv) Not less than 50 percent of the 

25 contract quantity of the existing Central 
599 

•S 612 EAH 

1 Valley Project agricultural water service 

2 contractor within the Sacramento River 

3 Watershed in a ‘‘Dry’’ year that is preceded 

4 by a ‘‘Below Normal’’, ‘‘Above Normal’’, or 

5 ‘‘Wet’’ year. 

6 (v) In any other year not identified in 

7 any of clauses (i) through (iv), not less than 

8 twice the allocation percentage to south-of9 Delta Central Valley Project agricultural 

10 water service contractors, up to 100 percent. 

11 (B) EFFECT OF CLAUSE.—In the event of 

12 anomalous circumstances, nothing in clause 

13 (A)(v) precludes an allocation to an existing 

14 Central Valley Project agricultural water service 

15 contractor within the Sacramento River Water16 shed that is greater than twice the allocation 

17 percentage to a south-of-Delta Central Valley 

18 Project agricultural water service contractor. 

19 (3) PROTECTION OF ENVIRONMENT, MUNICIPAL

20 AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC21 TORS.— 

22 (A) ENVIRONMENT.—Nothing in paragraph 

23 (2) shall adversely affect any protections for the 

24 environment, including— 
600 

•S 612 EAH 

1 (i) the obligation of the Secretary of 

2 the Interior to make water available to 

3 managed wetlands pursuant to section 

4 3406(d) of the Central Valley Project Im5 provement Act (Public Law 102–575; 106 

6 Stat. 4722); or 

7 (ii) any obligation— 

8 (I) of the Secretary of the Interior 

9 and the Secretary of Commerce under 

10 the smelt biological opinion, the 

11 salmonid biological opinion, or any 

12 other applicable biological opinion; in13 cluding the Shasta Dam cold water 

14 pool requirements as set forth in the 

15 salmonid biological opinion or any 

16 other applicable State or Federal law 

17 (including regulations); or 

18 (II) under the Endangered Spe19 cies Act of 1973 (16 U.S.C. et seq.), the 

20 Central Valley Project Improvement 

21 Act (Public Law 102–575; 106 Stat. 

22 4706), or any other applicable State or 

23 Federal law (including regulations). 

24 (B) MUNICIPAL AND INDUSTRIAL SUP25 PLIES.—Nothing in paragraph (2) shall— 
601 

•S 612 EAH 

1 (i) modify any provision of a water 

2 service contract that addresses municipal or 

3 industrial water shortage policies of the 

4 Secretary of the Interior and the Secretary 

5 of Commerce; 

6 (ii) affect or limit the authority of the 

7 Secretary of the Interior and the Secretary 

8 of Commerce to adopt or modify municipal 

9 and industrial water shortage policies; 

10 (iii) affect or limit the authority of the 

11 Secretary of the Interior and the Secretary 

12 of Commerce to implement a municipal or 

13 industrial water shortage policy; 

14 (iv) constrain, govern, or affect, di15 rectly or indirectly, the operations of the 

16 American River division of the Central Val17 ley Project or any deliveries from that divi18 sion or a unit or facility of that division; 

19 or 

20 (v) affects any allocation to a Central 

21 Valley Project municipal or industrial 

22 water service contractor by increasing or 

23 decreasing allocations to the contractor, as 

24 compared to the allocation the contractor 

25 would have received absent paragraph (2). 
602 

•S 612 EAH 

1 (C) OTHER CONTRACTORS.—Nothing in 

2 paragraph (2) shall— 

3 (i) affect the priority of any individual 

4 or entity with a Sacramento River settle5 ment contract over water service or repay6 ment contractors; 

7 (ii) affect the obligation of the United 

8 States to make a substitute supply of water 

9 available to the San Joaquin River ex10 change contractors; 

11 (iii) affect the allocation of water to 

12 Friant division contractors of the Central 

13 Valley Project; 

14 (iv) result in the involuntary reduction 

15 in contract water allocations to individuals 

16 or entities with contracts to receive water 

17 from the Friant division; 

18 (v) result in the involuntary reduction 

19 in water allocations to refuge contractors; or 

20 (vi) authorize any actions inconsistent 

21 with State water rights law. 

22 SEC. 4006. NEW MELONES RESERVOIR. 

23 The Commissioner is directed to work with local water 

24 and irrigation districts in the Stanislaus River Basin to 

25 ascertain the water storage made available by the Draft 
603 

•S 612 EAH 

1 Plan of Operations in New Melones Reservoir (DRPO) for 

2 water conservation programs, conjunctive use projects, 

3 water transfers, rescheduled project water and other projects 

4 to maximize water storage and ensure the beneficial use of 

5 the water resources in the Stanislaus River Basin. All such 

6 programs and projects shall be implemented according to 

7 all applicable laws and regulations. The source of water for 

8 any such storage program at New Melones Reservoir shall 

9 be made available under a valid water right, consistent with 

10 the State water transfer guidelines and any other applicable 

11 State water law. The Commissioner shall inform the Con12 gress within 18 months setting forth the amount of storage 

13 made available by the DRPO that has been put to use under 

14 this program, including proposals received by the Commis15 sioner from interested parties for the purpose of this section. 

16 SEC. 4007. STORAGE. 

17 (a) DEFINITIONS.—In this subtitle: 

18 (1) FEDERALLY OWNED STORAGE PROJECT.— 

19 The term ‘‘federally owned storage project’’ means 

20 any project involving a surface water storage facility 

21 in a Reclamation State— 

22 (A) to which the United States holds title; 

23 and 
604 

•S 612 EAH 

1 (B) that was authorized to be constructed, 

2 operated, and maintained pursuant to the rec3 lamation laws. 

4 (2) STATE-LED STORAGE PROJECT.—The term 

5 ‘‘State-led storage project’’ means any project in a 

6 Reclamation State that— 

7 (A) involves a groundwater or surface water 

8 storage facility constructed, operated, and main9 tained by any State, department of a State, sub10 division of a State, or public agency organized 

11 pursuant to State law; and 

12 (B) provides a benefit in meeting any obli13 gation under Federal law (including regula14 tions). 

15 (b) FEDERALLY OWNED STORAGE PROJECTS.— 

16 (1) AGREEMENTS.—On the request of any State, 

17 any department, agency, or subdivision of a State, or 

18 any public agency organized pursuant to State law, 

19 the Secretary of the Interior may negotiate and enter 

20 into an agreement on behalf of the United States for 

21 the design, study, and construction or expansion of 

22 any federally owned storage project in accordance 

23 with this section. 

24 (2) FEDERAL COST SHARE.—Subject to the re25 quirements of this subsection, the Secretary of the In-
605 

•S 612 EAH 

1 terior may participate in a federally owned storage 

2 project in an amount equal to not more than 50 per3 cent of the total cost of the federally owned storage 

4 project. 

5 (3) COMMENCEMENT.—The construction of a fed6 erally owned storage project that is the subject of an 

7 agreement under this subsection shall not commence 

8 until the Secretary of the Interior— 

9 (A) determines that the proposed federally 

10 owned storage project is feasible in accordance 

11 with the reclamation laws; 

12 (B) secures an agreement providing upfront 

13 funding as is necessary to pay the non-Federal 

14 share of the capital costs; and 

15 (C) determines that, in return for the Fed16 eral cost-share investment in the federally owned 

17 storage project, at least a proportionate share of 

18 the project benefits are Federal benefits, includ19 ing water supplies dedicated to specific purposes 

20 such as environmental enhancement and wildlife 

21 refuges. 

22 (4) ENVIRONMENTAL LAWS.—In participating in 

23 a federally owned storage project under this sub24 section, the Secretary of the Interior shall comply 

25 with all applicable environmental laws, including the 
606 

•S 612 EAH 

1 National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.). 

3 (c) STATE-LED STORAGE PROJECTS.— 

4 (1) IN GENERAL.—Subject to the requirements of 

5 this subsection, the Secretary of the Interior may par6 ticipate in a State-led storage project in an amount 

7 equal to not more than 25 percent of the total cost of 

8 the State-led storage project. 

9 (2) REQUEST BY GOVERNOR.—Participation by 

10 the Secretary of the Interior in a State-led storage 

11 project under this subsection shall not occur unless— 

12 (A) the participation has been requested by 

13 the Governor of the State in which the State-led 

14 storage project is located; 

15 (B) the State or local sponsor determines, 

16 and the Secretary of the Interior concurs, that— 

17 (i) the State-led storage project is tech18 nically and financially feasible and pro19 vides a Federal benefit in accordance with 

20 the reclamation laws; 

21 (ii) sufficient non-Federal funding is 

22 available to complete the State-led storage 

23 project; and 

24 (iii) the State-led storage project spon25 sors are financially solvent; 
607 

•S 612 EAH 

1 (C) the Secretary of the Interior determines 

2 that, in return for the Federal cost-share invest3 ment in the State-led storage project, at least a 

4 proportional share of the project benefits are the 

5 Federal benefits, including water supplies dedi6 cated to specific purposes such as environmental 

7 enhancement and wildlife refuges; and 

8 (D) the Secretary of the Interior submits to 

9 Congress a written notification of these deter10 minations within 30 days of making such deter11 minations. 

12 (3) ENVIRONMENTAL LAWS.—When participating 

13 in a State-led storage project under this subsection, 

14 the Secretary shall comply with all applicable envi15 ronmental laws, including the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

17 (4) INFORMATION.—When participating in a 

18 State-led storage project under this subsection, the 

19 Secretary of the Interior— 

20 (A) may rely on reports prepared by the 

21 sponsor of the State-led storage project, including 

22 feasibility (or equivalent) studies, environmental 

23 analyses, and other pertinent reports and anal24 yses; but 
608 

•S 612 EAH 

1 (B) shall retain responsibility for making 

2 the independent determinations described in 

3 paragraph (2). 

4 (d) AUTHORITY TO PROVIDE ASSISTANCE.—The Sec5 retary of the Interior may provide financial assistance 

6 under this subtitle to carry out projects within any Rec7 lamation State. 

8 (e) RIGHTS TO USE CAPACITY.—Subject to compliance 

9 with State water rights laws, the right to use the capacity 

10 of a federally owned storage project or State-led storage 

11 project for which the Secretary of the Interior has entered 

12 into an agreement under this subsection shall be allocated 

13 in such manner as may be mutually agreed to by the Sec14 retary of the Interior and each other party to the agreement. 

15 (f) COMPLIANCE WITH CALIFORNIA WATER BOND.— 

16 (1) IN GENERAL.—The provision of Federal 

17 funding for construction of a State-led storage project 

18 in the State of California shall be subject to the condi19 tion that the California Water Commission shall de20 termine that the State-led storage project is consistent 

21 with the California Water Quality, Supply, and In22 frastructure Improvement Act, approved by Cali23 fornia voters on November 4, 2014. 
609 

•S 612 EAH 

1 (2) APPLICABILITY.—This subsection expires on 

2 the date on which State bond funds available under 

3 the Act referred to in paragraph (1) are expended. 

4 (g) PARTNERSHIP AND AGREEMENTS.—The Secretary 

5 of the Interior, acting through the Commissioner, may part6 ner or enter into an agreement regarding the water storage 

7 projects identified in section 103(d)(1) of the Water Supply, 

8 Reliability, and Environmental Improvement Act (Public 

9 Law 108–361; 118 Stat. 1688) with local joint powers au10 thorities formed pursuant to State law by irrigation dis11 tricts and other local water districts and local governments 

12 within the applicable hydrologic region, to advance those 

13 projects. 

14 (h) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) $335,000,000 of funding in section 4011(e) is 

16 authorized to remain available until expended. 

17 (2) Projects can only receive funding if enacted 

18 appropriations legislation designates funding to them 

19 by name, after the Secretary recommends specific 

20 projects for funding pursuant to this section and 

21 transmits such recommendations to the appropriate 

22 committees of Congress. 

23 (i) SUNSET.—This section shall apply only to federally 

24 owned storage projects and State-led storage projects that 
610 

•S 612 EAH 

1 the Secretary of the Interior determines to be feasible before 

2 January 1, 2021. 

3 (j) CONSISTENCY WITH STATE LAW.—Nothing in this 

4 section preempts or modifies any obligation of the United 

5 States to act in conformance with applicable State law. 

6 (k) CALFED AUTHORIZATION.—Title I of Public Law 

7 108–361 (the Calfed Bay-Delta Authorization Act) (118 

8 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312) 

9 (as amended by section 207 of Public Law 114–113) is 

10 amended by striking ‘‘2017’’ each place it appears and in11 serting ‘‘2019’’. 

12 SEC. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND 

13 OPERATION OF STORAGE PROJECTS. 

14 (a) MARINAS, RECREATIONAL FACILITIES, OTHER

15 BUSINESSES.—If in constructing any new or modified 

16 water storage project included in section 103(d)(1)(A) of 

17 Public Law 108–361 (118 Stat. 1684), the Bureau of Rec18 lamation destroys or otherwise adversely affects any exist19 ing marina, recreational facility, or other water-dependent 

20 business when constructing or operating a new or modified 

21 water storage project, the Secretaries of the Interior and Ag22 riculture, acting through the Bureau and the Forest Service 

23 shall— 

24 (1) provide compensation otherwise required by 

25 law; and 
611 

•S 612 EAH 

1 (2) provide the owner of the affected marina, rec2 reational facility, or other water-dependent business 

3 under mutually agreeable terms and conditions with 

4 the right of first refusal to construct and operate a re5 placement marina, recreational facility, or other 

6 water-dependent business, as the case may be, on 

7 United States land associated with the new or modi8 fied water storage project. 

9 (b) HYDROELECTRIC PROJECTS.—If in constructing 

10 any new or modified water storage project included in sec11 tion 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684), 

12 the Bureau of Reclamation reduces or eliminates the capac13 ity or generation of any existing non-Federal hydroelectric 

14 project by inundation or otherwise, the Secretary of the In15 terior shall, subject to the requirements and limitations of 

16 this section— 

17 (1) provide compensation otherwise required by 

18 law; 

19 (2) provide the owner of the affected hydroelectric 

20 project under mutually agreeable terms and condi21 tions with a right of first refusal to construct, operate, 

22 and maintain replacement hydroelectric generating 

23 facilities at such new or modified water storage 

24 project on Federal land associated with the new or 
612 

•S 612 EAH 

1 modified water storage project or on private land 

2 owned by the affected hydroelectric project owner; 

3 (3) provide compensation for the construction of 

4 any water conveyance facilities as are necessary to 

5 convey water to any new powerhouse constructed by 

6 such owner in association with such new hydroelectric 

7 generating facilities; 

8 (4) provide for paragraphs (1), (2), and (3) at 

9 a cost not to exceed the estimated value of the actual 

10 impacts to any existing non-Federal hydroelectric 

11 project, including impacts to its capacity and energy 

12 value, and as estimated for the associated feasibility 

13 study, including additional planning, environmental, 

14 design, construction, and operations and maintenance 

15 costs for existing and replacement facilities; and 

16 (5) ensure that action taken under paragraphs 

17 (1), (2), (3), and (4) shall not directly or indirectly 

18 increase the costs to recipients of power marketed by 

19 the Western Area Power Administration, nor decrease 

20 the value of such power. 

21 (c) EXISTING LICENSEE.—The owner of any project 

22 affected under subsection (b)(2) shall be deemed the existing 

23 licensee, in accordance with section 15(a) of the Act of June 

24 10, 1920 (16 U.S.C. 808(a)), for any replacement project 
613 

•S 612 EAH 

1 to be constructed within the proximate geographic area of 

2 the affected project. 

3 (d) COST ALLOCATION.— 

4 (1) COMPENSATION.—Any compensation under 

5 this section shall be a project cost allocated solely to 

6 the direct beneficiaries of the new or modified water 

7 project constructed under this section. 

8 (2) REPLACEMENT COSTS.—The costs of the re9 placement project, and any compensation, shall be— 

10 (A) treated as a stand-alone project and 

11 shall not be financially integrated in any other 

12 project; and 

13 (B) allocated in accordance with mutually 

14 agreeable terms between the Secretary and 

15 project beneficiaries. 

16 (e) APPLICABILITY.—This section shall only apply to 

17 federally owned water storage projects whether authorized 

18 under section 4007 or some other authority. 

19 (f) LIMITATION.—Nothing in this section affects the 

20 ability of landowners or Indian tribes to seek compensation 

21 or any other remedy otherwise provided by law. 

22 (g) SAVINGS CLAUSE.—No action taken under this sec23 tion shall directly or indirectly increase the costs to recipi24 ents of power marketed by the Western Area Power Admin25 istration, nor decrease the value of such power. 
614 

•S 612 EAH 

1 SEC. 4009. OTHER WATER SUPPLY PROJECTS. 

2 (a) WATER DESALINATION ACT AMENDMENTS.—Sec3 tion 4 of the Water Desalination Act of 1996 (42 U.S.C. 

4 10301 note; Public Law 104–298) is amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraphs (2) and 

7 (3) as paragraphs (3) and (4), respectively; and 

8 (B) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(1) PROJECTS.— 

11 ‘‘(A) IN GENERAL.—Subject to the require12 ments of this subsection, the Secretary of the In13 terior may participate in an eligible desalina14 tion project in an amount equal to not more 

15 than 25 percent of the total cost of the eligible de16 salination project. 

17 ‘‘(B) ELIGIBLE DESALINATION PROJECT.— 

18 The term ‘eligible desalination project’ means 

19 any project in a Reclamation State, that— 

20 ‘‘(i) involves an ocean or brackish 

21 water desalination facility either con22 structed, operated and maintained; or spon23 sored by any State, department of a State, 

24 subdivision of a State or public agency or25 ganized pursuant to a State law; and 
615 

•S 612 EAH 

1 ‘‘(ii) provides a Federal benefit in ac2 cordance with the reclamation laws (includ3 ing regulations). 

4 ‘‘(C) STATE ROLE.—Participation by the 

5 Secretary of the Interior in an eligible desalina6 tion project under this subsection shall not occur 

7 unless— 

8 ‘‘(i) the project is included in a state9 approved plan or federal participation has 

10 been requested by the Governor of the State 

11 in which the eligible desalination project is 

12 located; and 

13 ‘‘(ii) the State or local sponsor deter14 mines, and the Secretary of the Interior 

15 concurs, that— 

16 ‘‘(I) the eligible desalination 

17 project is technically and financially 

18 feasible and provides a Federal benefit 

19 in accordance with the reclamation 

20 laws; 

21 ‘‘(II) sufficient non-Federal fund22 ing is available to complete the eligible 

23 desalination project; and 
616 

•S 612 EAH 

1 ‘‘(III) the eligible desalination 

2 project sponsors are financially solvent; 

3 and 

4 ‘‘(iii) the Secretary of the Interior sub5 mits to Congress a written notification of 

6 these determinations within 30 days of 

7 making such determinations. 

8 ‘‘(D) ENVIRONMENTAL LAWS.—When par9 ticipating in an eligible desalination project 

10 under this subsection, the Secretary shall comply 

11 with all applicable environmental laws, includ12 ing the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.). 

14 ‘‘(E) INFORMATION.—When participating 

15 in an eligible desalination project under this 

16 subsection, the Secretary of the Interior— 

17 ‘‘(i) may rely on reports prepared by 

18 the sponsor of the eligible desalination 

19 project, including feasibility (or equivalent) 

20 studies, environmental analyses, and other 

21 pertinent reports and analyses; but 

22 ‘‘(ii) shall retain responsibility for 

23 making the independent determinations de24 scribed in subparagraph (C). 
617 

•S 612 EAH 

1 ‘‘(F) AUTHORIZATION OF APPROPRIA2 TIONS.— 

3 ‘‘(i) $30,000,000 of funding is author4 ized to remain available until expended; 

5 and 

6 ‘‘(ii) Projects can only receive funding 

7 if enacted appropriations legislation des8 ignates funding to them by name, after the 

9 Secretary recommends specific projects for 

10 funding pursuant to this subsection and 

11 transmits such recommendations to the ap12 propriate committees of Congress.’’. 

13 (c) AUTHORIZATION OF NEW WATER RECYCLING AND

14 REUSE PROJECTS.—Section 1602 of the Reclamation 

15 Wastewater and Groundwater Study and Facilities Act 

16 (title XVI of Public Law 102–575; 43 U.S.C. 390h et. seq.) 

17 is amended by adding at the end the following new sub18 sections: 

19 ‘‘(e) AUTHORIZATION OF NEW WATER RECYCLING AND

20 REUSE PROJECTS.— 

21 ‘‘(1) SUBMISSION TO THE SECRETARY.— 

22 ‘‘(A) IN GENERAL.—Non-Federal interests 

23 may submit proposals for projects eligible to be 

24 authorized pursuant to this section in the form 

25 of completed feasibility studies to the Secretary. 
618 

•S 612 EAH 

1 ‘‘(B) ELIGIBLE PROJECTS.—A project shall 

2 be considered eligible for consideration under this 

3 section if the project reclaims and reuses— 

4 ‘‘(i) municipal, industrial, domestic, or 

5 agricultural wastewater; or 

6 ‘‘(ii) impaired ground or surface 

7 waters. 

8 ‘‘(C) GUIDELINES.—Within 60 days of the 

9 enactment of this Act the Secretary shall issue 

10 guidelines for feasibility studies for water recy11 cling and reuse projects to provide sufficient in12 formation for the formulation of the studies. 

13 ‘‘(2) REVIEW BY THE SECRETARY.—The Sec14 retary shall review each feasibility study received 

15 under paragraph (1)(A) for the purpose of— 

16 ‘‘(A) determining whether the study, and 

17 the process under which the study was developed, 

18 each comply with Federal laws and regulations 

19 applicable to feasibility studies of water recy20 cling and reuse projects; and 

21 ‘‘(B) the project is technically and finan22 cially feasible and provides a Federal benefit in 

23 accordance with the reclamation laws. 

24 ‘‘(3) SUBMISSION TO CONGRESS.—Not later than 

25 180 days after the date of receipt of a feasibility 
619 

•S 612 EAH 

1 study received under paragraph (1)(A), the Secretary 

2 shall submit to the Committee on Energy and Natural 

3 Resources of the Senate and the Committee on Nat4 ural Resources of the House of Representatives a re5 port that describes— 

6 ‘‘(A) the results of the Secretary’s review of 

7 the study under paragraph (2), including a de8 termination of whether the project is feasible; 

9 ‘‘(B) any recommendations the Secretary 

10 may have concerning the plan or design of the 

11 project; and 

12 ‘‘(C) any conditions the Secretary may re13 quire for construction of the project. 

14 ‘‘(4) ELIGIBILITY FOR FUNDING.—The non-Fed15 eral project sponsor of any project determined by the 

16 Secretary to be feasible under paragraph (3)(A) shall 

17 be eligible to apply to the Secretary for funding for 

18 the Federal share of the costs of planning, designing 

19 and constructing the project pursuant to subsection 

20 (f). 

21 ‘‘(f) COMPETITIVE GRANT PROGRAM FOR THE FUND22 ING OF WATER RECYCLING AND REUSE PROJECTS.— 

23 ‘‘(1) ESTABLISHMENT.—The Secretary shall es24 tablish a competitive grant program under which the 

25 non-Federal project sponsor of any project determined 
620 

•S 612 EAH 

1 by the Secretary to be feasible under subsection 

2 (e)(3)(A) shall be eligible to apply for funding for the 

3 planning, design, and construction of the project, sub4 ject to subsection (g)(2). 

5 ‘‘(2) PRIORITY.—When funding projects under 

6 paragraph (1), the Secretary shall give funding pri7 ority to projects that meet one or more of the criteria 

8 listed in paragraph (3) and are located in an area 

9 that— 

10 ‘‘(A) has been identified by the United 

11 States Drought Monitor as experiencing severe, 

12 extreme, or exceptional drought at any time in 

13 the 4-year period before such funds are made 

14 available; or 

15 ‘‘(B) was designated as a disaster area by 

16 a State during the 4-year period before such 

17 funds are made available. 

18 ‘‘(3) CRITERIA.—The project criteria referred to 

19 in paragraph (2) are the following: 

20 ‘‘(A) Projects that are likely to provide a 

21 more reliable water supply for States and local 

22 governments. 

23 ‘‘(B) Projects that are likely to increase the 

24 water management flexibility and reduce im-
621 

•S 612 EAH 

1 pacts on environmental resources from projects 

2 operated by Federal and State agencies. 

3 ‘‘(C) Projects that are regional in nature. 

4 ‘‘(D) Projects with multiple stakeholders. 

5 ‘‘(E) Projects that provide multiple benefits, 

6 including water supply reliability, eco-system 

7 benefits, groundwater management and enhance8 ments, and water quality improvements. 

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) There is authorized to be appropriated to 

11 the Secretary of the Interior an additional 

12 $50,000,000 to remain available until expended. 

13 ‘‘(2) Projects can only receive funding if enacted 

14 appropriations legislation designates funding to them 

15 by name, after the Secretary recommends specific 

16 projects for funding pursuant to subsection (f) and 

17 transmits such recommendations to the appropriate 

18 committees of Congress.’’. 

19 (d) FUNDING.—Section 9504 of the Omnibus Public 

20 Land Management Act of 2009 (42 U.S.C. 10364) is 

21 amended in subsection (e) by striking ‘‘$350,000,000’’ and 

22 inserting ‘‘$450,000,000’’ on the condition that of that 

23 amount, $50,000,000 of it is used to carry out section 206 

24 of the Energy and Water Development and Related Agencies 
622 

•S 612 EAH 

1 Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law 

2 113–235). 

3 SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDAN4 GERED SPECIES AND OTHER WILDLIFE. 

5 (a) INCREASED REAL-TIME MONITORING AND UP6 DATED SCIENCE.— 

7 (1) SMELT BIOLOGICAL OPINION.—The Director 

8 shall use the best scientific and commercial data 

9 available to implement, continuously evaluate, and 

10 refine or amend, as appropriate, the reasonable and 

11 prudent alternative described in the smelt biological 

12 opinion. 

13 (2) INCREASED MONITORING TO INFORM REAL14 TIME OPERATIONS.— 

15 (A) IN GENERAL.—The Secretary of the In16 terior shall conduct additional surveys, on an 

17 annual basis at the appropriate time of year 

18 based on environmental conditions, in collabora19 tion with interested stakeholders regarding the 

20 science of the Delta in general, and to enhance 

21 real time decisionmaking in particular, working 

22 in close coordination with relevant State au23 thorities. 
623 

•S 612 EAH 

1 (B) REQUIREMENTS.—In carrying out this 

2 subsection, the Secretary of the Interior shall 

3 use— 

4 (i) the most appropriate and accurate 

5 survey methods available for the detection of 

6 Delta smelt to determine the extent to which 

7 adult Delta smelt are distributed in relation 

8 to certain levels of turbidity or other envi9 ronmental factors that may influence sal10 vage rate; 

11 (ii) results from appropriate surveys 

12 for the detection of Delta smelt to determine 

13 how the Central Valley Project and State 

14 Water Project may be operated more effi15 ciently to maximize fish and water supply 

16 benefits; and 

17 (iii) science-based recommendations de18 veloped by any of the persons or entities de19 scribed in paragraph (4)(B) to inform the 

20 agencies’ real-time decisions. 

21 (C) WINTER MONITORING.—During the pe22 riod between December 1 and March 31, if sus23 pended sediment loads enter the Delta from the 

24 Sacramento River, and the suspended sediment 

25 loads appear likely to raise turbidity levels in 
624 

•S 612 EAH 

1 the Old River north of the export pumps from 

2 values below 12 Nephelometric Turbidity Units 

3 (NTUs) to values above 12 NTUs, the Secretary 

4 of the Interior shall— 

5 (i) conduct daily monitoring using ap6 propriate survey methods at locations in7 cluding the vicinity of Station 902 to deter8 mine the extent to which adult Delta smelt 

9 are moving with turbidity toward the ex10 port pumps; and 

11 (ii) use results from the monitoring 

12 under subparagraph (A) to determine how 

13 increased trawling can inform daily real14 time Central Valley Project and State 

15 Water Project operations to maximize fish 

16 and water supply benefits. 

17 (3) PERIODIC REVIEW OF MONITORING.—Not 

18 later than 1 year after the date of enactment of this 

19 subtitle, the Secretary of the Interior shall— 

20 (A) evaluate whether the monitoring pro21 gram under paragraph (2), combined with other 

22 monitoring programs for the Delta, is providing 

23 sufficient data to inform Central Valley Project 

24 and State Water Project operations to maximize 
625 

•S 612 EAH 

1 the water supply for fish and water supply bene2 fits; and 

3 (B) determine whether the monitoring ef4 forts should be changed in the short or long term 

5 to provide more useful data. 

6 (4) DELTA SMELT DISTRIBUTION STUDY.— 

7 (A) IN GENERAL.—Not later than March 

8 15, 2021, the Secretary of the Interior shall— 

9 (i) complete studies, to be initiated by 

10 not later than 90 days after the date of en11 actment of this subtitle, designed— 

12 (I) to understand the location and 

13 determine the abundance and distribu14 tion of Delta smelt throughout the 

15 range of the Delta smelt; and 

16 (II) to determine potential meth17 ods to minimize the effects of Central 

18 Valley Project and State Water Project 

19 operations on the Delta smelt; 

20 (ii) based on the best available science, 

21 if appropriate and practicable, implement 

22 new targeted sampling and monitoring of 

23 Delta smelt in order to maximize fish and 

24 water supply benefits prior to completion of 

25 the study under clause (i); 
626 

•S 612 EAH 

1 (iii) to the maximum extent prac2 ticable, use new technologies to allow for 

3 better tracking of Delta smelt, such as 

4 acoustic tagging, optical recognition during 

5 trawls, and fish detection using residual 

6 deoxyribonucleic acid (DNA); and 

7 (iv) if new sampling and monitoring 

8 is not implemented under clause (ii), pro9 vide a detailed explanation of the deter10 mination of the Secretary of the Interior 

11 that no change is warranted. 

12 (B) CONSULTATION.—In determining the 

13 scope of the studies under this subsection, the 

14 Secretary of the Interior shall consult with— 

15 (i) Central Valley Project and State 

16 Water Project water contractors and public 

17 water agencies; 

18 (ii) other public water agencies; 

19 (iii) the California Department of Fish 

20 and Wildlife and the California Department 

21 of Water Resources; and 

22 (iv) nongovernmental organizations. 

23 (b) ACTIONS TO BENEFIT ENDANGERED FISH POPU24 LATIONS.— 

25 (1) FINDINGS.—Congress finds that— 
627 

•S 612 EAH 

1 (A) minimizing or eliminating stressors to 

2 fish populations and their habitat in an efficient 

3 and structured manner is a key aspect of a fish 

4 recovery strategy; 

5 (B) functioning, diverse, and interconnected 

6 habitats are necessary for a species to be viable; 

7 and 

8 (C) providing for increased fish habitat 

9 may not only allow for a more robust fish recov10 ery, but also reduce impacts to water supplies. 

11 (2) ACTIONS FOR BENEFIT OF ENDANGERED SPE12 CIES.—There is authorized to be appropriated the fol13 lowing amounts: 

14 (A) $15,000,000 for the Secretary of Com15 merce, through the Administrator of the National 

16 Oceanic and Atmospheric Administration, to 

17 carry out the following activities in accordance 

18 with the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.): 

20 (i) Gravel and rearing area additions 

21 and habitat restoration to the Sacramento 

22 River to benefit Chinook salmon and 

23 steelhead trout. 

24 (ii) Scientifically improved and in25 creased real-time monitoring to inform real- 
628 

•S 612 EAH 

1 time operations of Shasta and related Cen2 tral Valley Project facilities, and alternative 

3 methods, models, and equipment to improve 

4 temperature modeling and related forecasted 

5 information for purposes of predicting im6 pacts to salmon and salmon habitat as a re7 sult of water management at Shasta. 

8 (iii) Methods to improve the Delta sal9 vage systems, including alternative methods 

10 to redeposit salvaged salmon smolts and 

11 other fish from the Delta in a manner that 

12 reduces predation losses. 

13 (B) $3,000,000 for the Secretary of the Inte14 rior to conduct the Delta smelt distribution 

15 study referenced in subsection (a)(4). 

16 (3) COMMENCEMENT.—If the Administrator of 

17 the National Oceanic and Atmospheric Administra18 tion determines that a proposed activity is feasible 

19 and beneficial for protecting and recovering a fish 

20 population, the Administrator shall commence imple21 mentation of the activity by not later than 1 year 

22 after the date of enactment of this subtitle. 

23 (4) CONSULTATION.—The Administrator shall 

24 take such steps as are necessary to partner with, and 

25 coordinate the efforts of, the Department of the Inte-
629 

•S 612 EAH 

1 rior, the Department of Commerce, and other relevant 

2 Federal departments and agencies to ensure that all 

3 Federal reviews, analyses, opinions, statements, per4 mits, licenses, and other approvals or decisions re5 quired under Federal law are completed on an expedi6 tious basis, consistent with Federal law. 

7 (5) CONSERVATION FISH HATCHERIES.— 

8 (A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of this subtitle, the 

10 Secretaries of the Interior and Commerce, in co11 ordination with the Director of the California 

12 Department of Fish and Wildlife, shall develop 

13 and implement as necessary the expanded use of 

14 conservation hatchery programs to enhance, sup15 plement, and rebuild Delta smelt and Endan16 gered Species Act-listed fish species under the 

17 smelt and salmonid biological opinions. 

18 (B) REQUIREMENTS.—The conservation 

19 hatchery programs established under paragraph 

20 (1) and the associated hatchery and genetic man21 agement plans shall be designed— 

22 (i) to benefit, enhance, support, and 

23 otherwise recover naturally spawning fish 

24 species to the point where the measures pro25 vided under the Endangered Species Act of 
630 

•S 612 EAH 

1 1973 (16 U.S.C. 1531 et seq.) are no longer 

2 necessary; and 

3 (ii) to minimize adverse effects to Cen4 tral Valley Project and State Water Project 

5 operations. 

6 (C) PRIORITY; COOPERATIVE AGREE7 MENTS.—In implementing this section, the Sec8 retaries of the Interior and Commerce— 

9 (i) shall give priority to existing and 

10 prospective hatchery programs and facilities 

11 within the Delta and the riverine tribu12 taries thereto; and 

13 (ii) may enter into cooperative agree14 ments for the operation of conservation 

15 hatchery programs with States, Indian 

16 tribes, and other nongovernmental entities 

17 for the benefit, enhancement, and support of 

18 naturally spawning fish species. 

19 (6) ACQUISITION OF LAND, WATER, OR INTER20 ESTS FROM WILLING SELLERS FOR ENVIRONMENTAL

21 PURPOSES IN CALIFORNIA.— 

22 (A) IN GENERAL.—The Secretary of the In23 terior is authorized to acquire by purchase, lease, 

24 donation, or otherwise, land, water, or interests 
631 

•S 612 EAH 

1 in land or water from willing sellers in Cali2 fornia— 

3 (i) to benefit listed or candidate species 

4 under the Endangered Species Act of 1973 

5 (16 U.S.C. 1531 et seq.) or the California 

6 Endangered Species Act (California Fish 

7 and Game Code sections 2050 through 

8 2116); 

9 (ii) to meet requirements of, or other10 wise provide water quality benefits under, 

11 the Federal Water Pollution Control Act (33 

12 U.S.C. 1251 et seq.) or the Porter Cologne 

13 Water Quality Control Act (division 7 of 

14 the California Water Code); or 

15 (iii) for protection and enhancement of 

16 the environment, as determined by the Sec17 retary of the Interior. 

18 (B) STATE PARTICIPATION.—In imple19 menting this section, the Secretary of the Inte20 rior is authorized to participate with the State 

21 of California or otherwise hold such interests 

22 identified in subparagraph (A) in joint owner23 ship with the State of California based on a cost 

24 share deemed appropriate by the Secretary. 
632 

•S 612 EAH 

1 (C) TREATMENT.—Any expenditures under 

2 this subsection shall be nonreimbursable and 

3 nonreturnable to the United States. 

4 (7) REAUTHORIZATION OF THE FISHERIES RES5 TORATION AND IRRIGATION MITIGATION ACT OF

6 2000.— 

7 (A) Section 10(a) of the Fisheries Restora8 tion and Irrigation Mitigation Act of 2000 (16 

9 U.S.C. 777 note; Public Law 106–502) is 

10 amended by striking ‘‘$25 million for each of fis11 cal years 2009 through 2015’’ and inserting 

12 ‘‘$15 million through 2021’’; and 

13 (B) Section 2 of the Fisheries Restoration 

14 and Irrigation Mitigation Act of 2000 (16 

15 U.S.C. 777 note; Public Law 106–502) is 

16 amended by striking ‘‘Montana, and Idaho’’ and 

17 inserting ‘‘Montana, Idaho, and California’’. 

18 (c) ACTIONS TO BENEFIT REFUGES.— 

19 (1) IN GENERAL.—In addition to funding under 

20 section 3407 of the Central Valley Project Improve21 ment Act (Public Law 102–575; 106 Stat. 4726), 

22 there is authorized to be appropriated to the Sec23 retary of the Interior $2,000,000 for each of fiscal 

24 years 2017 through 2021 for the acceleration and 

25 completion of water infrastructure and conveyance fa-
633 

•S 612 EAH 

1 cilities necessary to achieve full water deliveries to 

2 Central Valley wildlife refuges and habitat areas pur3 suant to section 3406(d) of that Act (Public Law 

4 102–575; 106 Stat. 4722). 

5 (2) COST SHARING.— 

6 (A) FEDERAL SHARE.—The Federal share 

7 of the cost of carrying out an activity described 

8 in this section shall be not more than 50 percent. 

9 (B) NON-FEDERAL SHARE.—The non-Fed10 eral share of the cost of carrying out an activity 

11 described in this section— 

12 (i) shall be not less than 50 percent; 

13 and 

14 (ii) may be provided in cash or in 

15 kind. 

16 (d) NON-FEDERAL PROGRAM TO PROTECT NATIVE

17 ANADROMOUS FISH IN STANISLAUS RIVER.— 

18 (1) DEFINITION OF DISTRICT.—In this section, 

19 the term ‘‘district’’ means— 

20 (A) the Oakdale Irrigation District of the 

21 State of California; and 

22 (B) the South San Joaquin Irrigation Dis23 trict of the State of California. 

24 (2) ESTABLISHMENT.—The Secretary of Com25 merce, acting through the Assistant Administrator of 
634 

•S 612 EAH 

1 the National Marine Fisheries Service, and the dis2 tricts shall jointly establish and conduct a nonnative 

3 predator research and pilot fish removal program to 

4 study the effects of removing from the Stanislaus 

5 River— 

6 (A) nonnative striped bass, smallmouth 

7 bass, largemouth bass, black bass; and 

8 (B) other nonnative predator fish species. 

9 (3) REQUIREMENTS.—The program under this 

10 section shall— 

11 (A) be scientifically based, with research 

12 questions determined jointly by— 

13 (i) National Marine Fisheries Service 

14 scientists; and 

15 (ii) technical experts of the districts; 

16 (B) include methods to quantify by, among 

17 other things, evaluating the number of juvenile 

18 anadromous fish that migrate past the rotary 

19 screw trap located at Caswell— 

20 (i) the number and size of predator 

21 fish removed each year; and 

22 (ii) the impact of the removal on— 

23 (I) the overall abundance of pred24 ator fish in the Stanislaus River; and 
635 

•S 612 EAH 

1 (II) the populations of juvenile 

2 anadromous fish in the Stanislaus 

3 River; 

4 (C) among other methods, consider using 

5 wire fyke trapping, portable resistance board 

6 weirs, and boat electrofishing; and 

7 (D) be implemented as quickly as prac8 ticable after the date of issuance of all necessary 

9 scientific research permits. 

10 (4) MANAGEMENT.—The management of the pro11 gram shall be the joint responsibility of the Assistant 

12 Administrator and the districts, which shall— 

13 (A) work collaboratively to ensure the per14 formance of the program; and 

15 (B) discuss and agree on, among other 

16 things— 

17 (i) qualified scientists to lead the pro18 gram; 

19 (ii) research questions; 

20 (iii) experimental design; 

21 (iv) changes in the structure, manage22 ment, personnel, techniques, strategy, data 

23 collection and access, reporting, and con24 duct of the program; and 
636 

•S 612 EAH 

1 (v) the need for independent peer re2 view. 

3 (5) CONDUCT.— 

4 (A) IN GENERAL.—For each applicable cal5 endar year, the districts, on agreement of the As6 sistant Administrator, may elect to conduct the 

7 program under this section using— 

8 (i) the personnel of the Assistant Ad9 ministrator or districts; 

10 (ii) qualified private contractors hired 

11 by the districts; 

12 (iii) personnel of, on loan to, or other13 wise assigned to the National Marine Fish14 eries Service; or 

15 (iv) a combination of the individuals 

16 described in clauses (i) through (iii). 

17 (B) PARTICIPATION BY NATIONAL MARINE

18 FISHERIES SERVICE.— 

19 (i) IN GENERAL.—If the districts elect 

20 to conduct the program using district per21 sonnel or qualified private contractors hired 

22 under clause (i) or (ii) of subparagraph 

23 (A), the Assistant Administrator may as24 sign an employee of, on loan to, or other25 wise assigned to the National Marine Fish-
637 

•S 612 EAH 

1 eries Service, to be present for all activities 

2 performed in the field to ensure compliance 

3 with paragraph (4). 

4 (ii) COSTS.—The districts shall pay 

5 the cost of participation by the employee 

6 under clause (i), in accordance with para7 graph (6). 

8 (C) TIMING OF ELECTION.—The districts 

9 shall notify the Assistant Administrator of an 

10 election under subparagraph (A) by not later 

11 than October 15 of the calendar year preceding 

12 the calendar year for which the election applies. 

13 (6) FUNDING.— 

14 (A) IN GENERAL.—The districts shall be re15 sponsible for 100 percent of the cost of the pro16 gram. 

17 (B) CONTRIBUTED FUNDS.—The Secretary 

18 of Commerce may accept and use contributions 

19 of funds from the districts to carry out activities 

20 under the program. 

21 (C) ESTIMATION OF COST.— 

22 (i) IN GENERAL.—Not later than De23 cember 1 of each year of the program, the 

24 Secretary of Commerce shall submit to the 

25 districts an estimate of the cost to be in-
638 

•S 612 EAH 

1 curred by the National Marine Fisheries 

2 Service for the program during the fol3 lowing calendar year, if any, including the 

4 cost of any data collection and posting 

5 under paragraph (7). 

6 (ii) FAILURE TO FUND.—If an amount 

7 equal to the estimate of the Secretary of 

8 Commerce is not provided through contribu9 tions pursuant to subparagraph (B) before 

10 December 31 of that calendar year— 

11 (I) the Secretary shall have no ob12 ligation to conduct the program activi13 ties otherwise scheduled for the fol14 lowing calendar year until the amount 

15 is contributed by the districts; and 

16 (II) the districts may not conduct 

17 any aspect of the program until the 

18 amount is contributed by the districts. 

19 (D) ACCOUNTING.— 

20 (i) IN GENERAL.—Not later than Sep21 tember 1 of each year, the Secretary of Com22 merce shall provide to the districts an ac23 counting of the costs incurred by the Sec24 retary for the program during the preceding 

25 calendar year. 
639 

•S 612 EAH 

1 (ii) EXCESS AMOUNTS.—If the amount 

2 contributed by the districts pursuant to sub3 paragraph (B) for a calendar year was 

4 greater than the costs incurred by the Sec5 retary of Commerce during that year, the 

6 Secretary shall— 

7 (I) apply the excess amounts to 

8 the cost of activities to be performed by 

9 the Secretary under the program, if 

10 any, during the following calendar 

11 year; or 

12 (II) if no such activities are to be 

13 performed, repay the excess amounts to 

14 the districts. 

15 (7) PUBLICATION AND EVALUATION OF DATA.— 

16 (A) IN GENERAL.—All data generated 

17 through the program, including by any private 

18 consultants, shall be routinely provided to the 

19 Assistant Administrator. 

20 (B) INTERNET.—Not later than the 15th 

21 day of each month of the program, the Assistant 

22 Administrator shall publish on the Internet 

23 website of the National Marine Fisheries Service 

24 a tabular summary of the raw data collected 

25 under the program during the preceding month. 
640 

•S 612 EAH 

1 (C) REPORT.—On completion of the pro2 gram, the Assistant Administrator shall prepare 

3 a final report evaluating the effectiveness of the 

4 program, including recommendations for future 

5 research and removal work. 

6 (8) CONSISTENCY WITH LAW.— 

7 (A) IN GENERAL.—The programs in this 

8 section and subsection (e) are found to be con9 sistent with the requirements of the Central Val10 ley Project Improvement Act (Public Law 102– 

11 575; 106 Stat. 4706). 

12 (B) LIMITATION.—No provision, plan, or 

13 definition under that Act, including section 

14 3406(b)(1) of that Act (Public Law 102–575; 106 

15 Stat. 4714), shall be used— 

16 (i) to prohibit the implementation of 

17 the programs in this subsection and sub18 section (e); or 

19 (ii) to prevent the accomplishment of 

20 the goals of the programs. 

21 (e) PILOT PROJECTS TO IMPLEMENT CALFED 

22 INVASIVE SPECIES PROGRAM.— 

23 (1) IN GENERAL.—Not later than January 1, 

24 2018, the Secretary of the Interior, in collaboration 

25 with the Secretary of Commerce, the Director of the 
641 

•S 612 EAH 

1 California Department of Fish and Wildlife, and 

2 other relevant agencies and interested parties, shall 

3 establish and carry out pilot projects to implement 

4 the invasive species control program under section 

5 103(d)(6)(A)(iv) of Public Law 108–361 (118 Stat. 

6 1690). 

7 (2) REQUIREMENTS.—The pilot projects under 

8 this section shall— 

9 (A) seek to reduce invasive aquatic vegeta10 tion (such as water hyacinth), predators, and 

11 other competitors that contribute to the decline of 

12 native listed pelagic and anadromous species 

13 that occupy the Sacramento and San Joaquin 

14 Rivers and their tributaries and the Delta; and 

15 (B) remove, reduce, or control the effects of 

16 species including Asiatic clams, silversides, 

17 gobies, Brazilian water weed, largemouth bass, 

18 smallmouth bass, striped bass, crappie, bluegill, 

19 white and channel catfish, zebra and quagga 

20 mussels, and brown bullheads. 

21 (3) EMERGENCY ENVIRONMENTAL REVIEWS.—To 

22 expedite environmentally beneficial programs in this 

23 subtitle for the conservation of threatened and endan24 gered species, the Secretaries of the Interior and Com25 merce shall consult with the Council on Environ-
642 

•S 612 EAH 

1 mental Quality in accordance with section 1506.11 of 

2 title 40, Code of Federal Regulations (or successor reg3 ulations), to develop alternative arrangements to com4 ply with the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.) for those programs. 

6 (f) COLLABORATIVE PROCESSES.—Notwithstanding 

7 the Federal Advisory Committee Act (5 U.S.C. App.) and 

8 applicable Federal acquisitions and contracting authorities, 

9 the Secretaries of the Interior and Commerce may use the 

10 collaborative processes under the Collaborative Science 

11 Adaptive Management Program to enter into contracts with 

12 specific individuals or organizations directly or in conjunc13 tion with appropriate State agencies. 

14 (g) THE ‘‘SAVE OUR SALMON ACT’’.— 

15 (1) TREATMENT OF STRIPED BASS.— 

16 (A) ANADROMOUS FISH.—Section 3403(a) 

17 of the Central Valley Project Improvement Act 

18 (title XXXIV of Public Law 102–575) is amend19 ed by striking ‘‘striped bass,’’ after ‘‘stocks of 

20 salmon (including steelhead),’’. 

21 (B) FISH AND WILDLIFE RESTORATION AC22 TIVITIES.—Section 3406(b) of the Central Valley 

23 Project Improvement Act (title XXXIV of Public 

24 Law 102–575) is amended by— 

25 (i) striking paragraphs (14) and (18); 
643 

•S 612 EAH 

1 (ii) redesignating paragraphs (15) 

2 through (17) as paragraphs (14) through 

3 (16), respectively; and 

4 (iii) redesignating paragraphs (19) 

5 through (23) as paragraphs (17) through 

6 (21), respectively. 

7 (2) CONFORMING CHANGES.—Section 3407(a) of 

8 the Central Valley Project Improvement Act (title 

9 XXXIV of Public Law 102–575) is amended by strik10 ing ‘‘(10)–(18), and (20)–(22)’’ and inserting ‘‘(10)– 

11 (16), and (18)–(20)’’. 

12 SEC. 4011. OFFSETS AND WATER STORAGE ACCOUNT. 

13 (a) PREPAYMENT OF CERTAIN REPAYMENT CON14 TRACTS BETWEEN THE UNITED STATES AND CONTRACTORS

15 OF FEDERALLY DEVELOPED WATER SUPPLIES.— 

16 (1) CONVERSION AND PREPAYMENT OF CON17 TRACTS.—Upon request of the contractor, the Sec18 retary of the Interior shall convert any water service 

19 contract in effect on the date of enactment of this sub20 title and between the United States and a water 

21 users’ association to allow for prepayment of the re22 payment contract pursuant to paragraph (2) under 

23 mutually agreeable terms and conditions. The manner 

24 of conversion under this paragraph shall be as fol25 lows: 
644 

•S 612 EAH 

1 (A) Water service contracts that were en2 tered into under section (e) of the Act of August 

3 4, 1939 (53 Stat. 1196), to be converted under 

4 this section shall be converted to repayment con5 tracts under section 9(d) of that Act (53 Stat. 

6 1195). 

7 (B) Water service contracts that were en8 tered under subsection (c)(2) of section 9 of the 

9 Act of August 4, 1939 (53 Stat. 1194), to be con10 verted under this section shall be converted to a 

11 contract under subsection (c)(1) of section 9 of 

12 that Act (53 Stat. 1195). 

13 (2) PREPAYMENT.—Except for those repayment 

14 contracts under which the contractor has previously 

15 negotiated for prepayment, all repayment contracts 

16 under section 9(d) of that Act (53 Stat. 1195) in ef17 fect on the date of enactment of this subtitle at the re18 quest of the contractor, and all contracts converted 

19 pursuant to paragraph (1)(A) shall— 

20 (A) provide for the repayment, either in 

21 lump sum or by accelerated prepayment, of the 

22 remaining construction costs identified in water 

23 project specific irrigation rate repayment sched24 ules, as adjusted to reflect payment not reflected 

25 in such schedules, and properly assignable for ul-
645 

•S 612 EAH 

1 timate return by the contractor, or if made in 

2 approximately equal installments, no later than 

3 3 years after the effective date of the repayment 

contract, such amount to be discounted by 1 4 ⁄2 the 

5 Treasury rate. An estimate of the remaining con6 struction costs, as adjusted, shall be provided by 

7 the Secretary to the contractor no later than 90 

8 days following receipt of request of the con9 tractor; 

10 (B) require that construction costs or other 

11 capitalized costs incurred after the effective date 

12 of the contract or not reflected in the rate sched13 ule referenced in subparagraph (A), and prop14 erly assignable to such contractor shall be repaid 

15 in not more than 5 years after notification of the 

16 allocation if such amount is a result of a collec17 tive annual allocation of capital costs to the con18 tractors exercising contract conversion under this 

19 subsection of less than $5,000,000. If such 

20 amount is $5,000,000 or greater, such cost shall 

21 be repaid as provided by applicable reclamation 

22 law; 

23 (C) provide that power revenues will not be 

24 available to aid in repayment of construction 
646 

•S 612 EAH 

1 costs allocated to irrigation under the contract; 

2 and 

3 (D) continue so long as the contractor pays 

4 applicable charges, consistent with section 9(d) of 

5 the Act of August 4, 1939 (53 Stat. 1195), and 

6 applicable law. 

7 (3) CONTRACT REQUIREMENTS.—Except for those 

8 repayment contracts under which the contractor has 

9 previously negotiated for prepayment, the following 

10 shall apply with regard to all repayment contracts 

11 under subsection (c)(1) of section 9 of that Act (53 

12 Stat. 1195) in effect on the date of enactment of this 

13 subtitle at the request of the contractor, and all con14 tracts converted pursuant to paragraph (1)(B): 

15 (A) Provide for the repayment in lump sum 

16 of the remaining construction costs identified in 

17 water project specific municipal and industrial 

18 rate repayment schedules, as adjusted to reflect 

19 payments not reflected in such schedules, and 

20 properly assignable for ultimate return by the 

21 contractor. An estimate of the remaining con22 struction costs, as adjusted, shall be provided by 

23 the Secretary to the contractor no later than 90 

24 days after receipt of the request of contractor. 
647 

•S 612 EAH 

1 (B) The contract shall require that construc2 tion costs or other capitalized costs incurred 

3 after the effective date of the contract or not re4 flected in the rate schedule referenced in subpara5 graph (A), and properly assignable to such con6 tractor, shall be repaid in not more than 5 years 

7 after notification of the allocation if such 

8 amount is a result of a collective annual alloca9 tion of capital costs to the contractors exercising 

10 contract conversion under this subsection of less 

11 than $5,000,000. If such amount is $5,000,000 

12 or greater, such cost shall be repaid as provided 

13 by applicable reclamation law. 

14 (C) Continue so long as the contractor pays 

15 applicable charges, consistent with section 

16 9(c)(1) of the Act of August 4, 1939 (53 Stat. 

17 1195), and applicable law. 

18 (4) CONDITIONS.—All contracts entered into pur19 suant to paragraphs (1), (2), and (3) shall— 

20 (A) not be adjusted on the basis of the type 

21 of prepayment financing used by the water users’ 

22 association; 

23 (B) conform to any other agreements, such 

24 as applicable settlement agreements and new 

25 constructed appurtenant facilities; and 
648 

•S 612 EAH 

1 (C) not modify other water service, repay2 ment, exchange and transfer contractual rights 

3 between the water users’ association, and the Bu4 reau of Reclamation, or any rights, obligations, 

5 or relationships of the water users’ association 

6 and their landowners as provided under State 

7 law. 

8 (b) ACCOUNTING.—The amounts paid pursuant to sub9 section (a) shall be subject to adjustment following a final 

10 cost allocation by the Secretary of the Interior. In the event 

11 that the final cost allocation indicates that the costs prop12 erly assignable to the contractor are greater than what has 

13 been paid by the contractor, the contractor shall be obligated 

14 to pay the remaining allocated costs. The term of such addi15 tional repayment contract shall be not less than one year 

16 and not more than 10 years, however, mutually agreeable 

17 provisions regarding the rate of repayment of such amount 

18 may be developed by the parties. In the event that the final 

19 cost allocation indicates that the costs properly assignable 

20 to the contractor are less than what the contractor has paid, 

21 the Secretary shall credit such overpayment as an offset 

22 against any outstanding or future obligation of the con23 tractor, with the exception of Restoration Fund charges 

24 pursuant to section 3407(d) of Public Law 102–575. 

25 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 
649 

•S 612 EAH 

1 (1) EFFECT OF EXISTING LAW.—Upon a contrac2 tor’s compliance with and discharge of the obligation 

3 of repayment of the construction costs pursuant to a 

4 contract entered into pursuant to subsection 

5 (a)(2)(A), subsections (a) and (b) of section 213 of the 

6 Reclamation Reform Act of 1982 (96 Stat. 1269) shall 

7 apply to affected lands. 

8 (2) EFFECT OF OTHER OBLIGATIONS.—The obli9 gation of a contractor to repay construction costs or 

10 other capitalized costs described in subsection 

11 (a)(2)(B), (a)(3)(B), or (b) shall not affect a contrac12 tor’s status as having repaid all of the construction 

13 costs assignable to the contractor or the applicability 

14 of subsections (a) and (b) of section 213 of the Rec15 lamation Reform Act of 1982 (96 Stat. 1269) once the 

16 amount required to be paid by the contractor under 

17 the repayment contract entered into pursuant to sub18 section (a)(2)(A) has been paid. 

19 (d) EFFECT ON EXISTING LAW NOT ALTERED.—Im20 plementation of the provisions of this subtitle shall not 

21 alter— 

22 (1) the repayment obligation of any water serv23 ice or repayment contractor receiving water from the 

24 same water project, or shift any costs that would oth25 erwise have been properly assignable to the water 
650 

•S 612 EAH 

1 users’ association identified in subsections (a)(1), 

2 (a)(2), and (a)(3) absent this section, including oper3 ation and maintenance costs, construction costs, or 

4 other capitalized costs incurred after the date of the 

5 enactment of this subtitle, or to other contractors; and 

6 (2) specific requirements for the disposition of 

7 amounts received as repayments by the Secretary 

8 under the Act of June 17, 1902 (32 Stat. 388, chapter 

9 1093), and Acts supplemental to and amendatory of 

10 that Act (43 U.S.C. 371 et seq.); 

11 (3) the priority of a water service or repayment 

12 contractor to receive water; or 

13 (4) except as expressly provided in this section, 

14 any obligations under the reclamation law, including 

15 the continuation of Restoration Fund charges pursu16 ant to section 3407(d) (Public Law 102–575), of the 

17 water service and repayment contractors making pre18 payments pursuant to this section. 

19 (e) WATER STORAGE ENHANCEMENT PROGRAM.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (d)(2), $335,000,000 out of receipts generated 

22 from prepayment of contracts under this section be23 yond amounts necessary to cover the amount of re24 ceipts forgone from scheduled payments under current 

25 law for the 10-year period following the date of enact-
651 

•S 612 EAH 

1 ment of this Act shall be directed to the Reclamation 

2 Water Storage Account under paragraph (2). 

3 (2) STORAGE ACCOUNT.—The Secretary shall al4 locate amounts collected under paragraph (1) into the 

5 ‘‘Reclamation Storage Account’’ to fund the construc6 tion of water storage. The Secretary may also enter 

7 into cooperative agreements with water users’ associa8 tions for the construction of water storage and 

9 amounts within the Storage Account may be used to 

10 fund such construction. Water storage projects that 

11 are otherwise not federally authorized shall not be 

12 considered Federal facilities as a result of any 

13 amounts allocated from the Storage Account for part 

14 or all of such facilities. 

15 (3) REPAYMENT.—Amounts used for water stor16 age construction from the Account shall be fully reim17 bursed to the Account consistent with the require18 ments under Federal reclamation law (the Act of 

19 June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 

20 supplemental to and amendatory of that Act (43 

21 U.S.C. 371 et seq.)) except that all funds reimbursed 

22 shall be deposited in the Account established under 

23 paragraph (2). 

24 (4) AVAILABILITY OF AMOUNTS.—Amounts de25 posited in the Account under this subsection shall— 
652 

•S 612 EAH 

1 (A) be made available in accordance with 

2 this section, subject to appropriation; and 

3 (B) be in addition to amounts appropriated 

4 for such purposes under any other provision of 

5 law. 

6 (f) DEFINITIONS.—For the purposes of this subtitle, the 

7 following definitions apply: 

8 (1) ACCOUNT.—The term ‘‘Account’’ means the 

9 Reclamation Water Storage Account established under 

10 subsection (e)(2). 

11 (2) CONSTRUCTION.—The term ‘‘construction’’ 

12 means the designing, materials engineering and test13 ing, surveying, and building of water storage includ14 ing additions to existing water storage and construc15 tion of new water storage facilities, exclusive of any 

16 Federal statutory or regulatory obligations relating to 

17 any permit, review, approval, or other such require18 ment. 

19 (3) WATER STORAGE.—The term ‘‘water storage’’ 

20 means any federally owned facility under the juris21 diction of the Bureau of Reclamation or any non22 Federal facility used for the storage and supply of 

23 water resources. 

24 (4) TREASURY RATE.—The term ‘‘Treasury rate’’ 

25 means the 20- year Constant Maturity Treasury 
653 

•S 612 EAH 

1 (CMT) rate published by the United States Depart2 ment of the Treasury existing on the effective date of 

3 the contract. 

4 (5) WATER USERS’ ASSOCIATION.—The term 

5 ‘‘water users’ association’’ means— 

6 (A) an entity organized and recognized 

7 under State laws that is eligible to enter into 

8 contracts with Reclamation to receive contract 

9 water for delivery to end users of the water and 

10 to pay applicable charges; and 

11 (B) includes a variety of entities with dif12 ferent names and differing functions, such as as13 sociations, conservancy districts, irrigation dis14 tricts, municipalities, and water project contract 

15 units. 

16 SEC. 4012. SAVINGS LANGUAGE. 

17 (a) IN GENERAL.—This subtitle shall not be inter18 preted or implemented in a manner that— 

19 (1) preempts or modifies any obligation of the 

20 United States to act in conformance with applicable 

21 State law, including applicable State water law; 

22 (2) affects or modifies any obligation under the 

23 Central Valley Project Improvement Act (Public Law 

24 102–575; 106 Stat. 4706), except for the savings pro25 visions for the Stanislaus River predator management 
654 

•S 612 EAH 

1 program expressly established by section 11(d) and 

2 provisions in section 11(g); 

3 (3) overrides, modifies, or amends the applica4 bility of the Endangered Species Act of 1973 (16 

5 U.S.C. 1531 et seq.) or the application of the smelt 

6 and salmonid biological opinions to the operation of 

7 the Central Valley Project or the State Water Project; 

8 (4) would cause additional adverse effects on list9 ed fish species beyond the range of effects anticipated 

10 to occur to the listed fish species for the duration of 

11 the applicable biological opinion, using the best sci12 entific and commercial data available; or 

13 (5) overrides, modifies, or amends any obligation 

14 of the Pacific Fisheries Management Council, required 

15 by the Magnuson Stevens Act or the Endangered Spe16 cies Act of 1973, to manage fisheries off the coast of 

17 California, Oregon, or Washington. 

18 (b) SUCCESSOR BIOLOGICAL OPINIONS.— 

19 (1) IN GENERAL.—The Secretaries of the Interior 

20 and Commerce shall apply this Act to any successor 

21 biological opinions to the smelt or salmonid biological 

22 opinions only to the extent that the Secretaries deter23 mine is consistent with— 
655 

•S 612 EAH 

1 (A) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.), its implementing regula3 tions, and the successor biological opinions; and 

4 (B) subsection (a)(4). 

5 (2) LIMITATION.—Nothing in this Act shall re6 strict the Secretaries of the Interior and Commerce 

7 from completing consultation on successor biological 

8 opinions and through those successor biological opin9 ions implementing whatever adjustments in oper10 ations or other activities as may be required by the 

11 Endangered Species Act of 1973 and its imple12 menting regulations. 

13 (c) SEVERABILITY.—If any provision of this subtitle, 

14 or any application of such provision to any person or cir15 cumstance, is held to be inconsistent with any law or the 

16 biological opinions, the remainder of this subtitle and the 

17 application of this subtitle to any other person or cir18 cumstance shall not be affected. 

19 SEC. 4013. DURATION. 

20 This subtitle shall expire on the date that is 5 years 

21 after the date of its enactment, with the exception of— 

22 (1) section 4004, which shall expire 10 years 

23 after the date of its enactment; and 

24 (2) projects under construction in sections 4007, 

25 4009(a), and 4009(c). 
656 

•S 612 EAH 

1 SEC. 4014. DEFINITIONS. 

2 In this subtitle: 

3 (1) ASSISTANT ADMINISTRATOR.—The term ‘‘As4 sistant Administrator’’ means the Assistant Adminis5 trator for Fisheries of the National Oceanic and At6 mospheric Administration. 

7 (2) CENTRAL VALLEY PROJECT.—The term ‘‘Cen8 tral Valley Project’’ has the meaning given the term 

9 in section 3403 of the Central Valley Project Improve10 ment Act (Public Law 102–575; 106 Stat. 4707). 

11 (3) COMMISSIONER.—The term ‘‘Commissioner’’ 

12 means the Commissioner of Reclamation. 

13 (4) DELTA.—The term ‘‘Delta’’ means the Sac14 ramento-San Joaquin Delta and the Suisun Marsh 

15 (as defined in section 12220 of the California Water 

16 Code and section 29101 of the California Public Re17 sources Code (as in effect on the date of enactment of 

18 this Act)). 

19 (5) DELTA SMELT.—The term ‘‘Delta smelt’’ 

20 means the fish species with the scientific name 

21 Hypomesus transpacificus. 

22 (6) DIRECTOR.—The term ‘‘Director’’ means the 

23 Director of the United States Fish and Wildlife Serv24 ice. 

25 (7) LISTED FISH SPECIES.—The term ‘‘listed 

26 fish species’’ means— 
657 

•S 612 EAH 

1 (A) any natural origin steelhead, natural 

2 origin genetic spring run Chinook, or genetic 

3 winter run Chinook salmon (including any 

4 hatchery steelhead or salmon population within 

5 the evolutionary significant unit or a distinct 

6 population segment); and 

7 (B) Delta smelt. 

8 (8) RECLAMATION STATE.—The term ‘‘Reclama9 tion State’’ means any of the States of— 

10 (A) Arizona; 

11 (B) California; 

12 (C) Colorado; 

13 (D) Idaho; 

14 (E) Kansas; 

15 (F) Montana; 

16 (G) Nebraska; 

17 (H) Nevada; 

18 (I) New Mexico; 

19 (J) North Dakota; 

20 (K) Oklahoma; 

21 (L) Oregon; 

22 (M) South Dakota; 

23 (N) Texas; 

24 (O) Utah; 

25 (P) Washington; and 
658 

•S 612 EAH 

1 (Q) Wyoming. 

2 (9) SALMONID BIOLOGICAL OPINION.— 

3 (A) IN GENERAL.—The term ‘‘salmonid bio4 logical opinion’’ means the biological and con5 ference opinion of the National Marine Fisheries 

6 Service dated June 4, 2009, regarding the long7 term operation of the Central Valley Project and 

8 the State Water Project, and successor biological 

9 opinions. 

10 (B) INCLUSIONS.—The term ‘‘salmonid bio11 logical opinion’’ includes the operative incidental 

12 take statement of the opinion described in sub13 paragraph (A). 

14 (10) SMELT BIOLOGICAL OPINION.— 

15 (A) IN GENERAL.—The term ‘‘smelt biologi16 cal opinion’’ means the biological opinion dated 

17 December 15, 2008, regarding the coordinated 

18 operation of the Central Valley Project and the 

19 State Water Project, and successor biological 

20 opinions. 

21 (B) INCLUSIONS.—The term ‘‘smelt biologi22 cal opinion’’ includes the operative incidental 

23 take statement of the opinion described in sub24 paragraph (A). 
659 

•S 612 EAH 

1 (11) STATE WATER PROJECT.—The term ‘‘State 

2 Water Project’’ means the water project described in 

3 chapter 5 of part 3 of division 6 of the California 

4 Water Code (sections 11550 et seq.) (as in effect on 

5 the date of enactment of this Act) and operated by the 

6 California Department of Water Resources. 

7 TITLE IV—OTHER MATTERS 

8 SEC. 5001. CONGRESSIONAL NOTIFICATION REQUIRE9 MENTS. 

10 (a) IN GENERAL.—Subchapter I of chapter 3 of title 

11 49, United States Code, is amended by adding at the end 

12 the following: 

13 ‘‘§ 311. Congressional notification requirements 

14 ‘‘(a) IN GENERAL.—Except as provided in subsection 

15 (b) or as expressly provided in another provision of law, 

16 the Secretary of Transportation shall provide to the appro17 priate committees of Congress notice of an announcement 

18 concerning a covered project at least 3 full business days 

19 before the announcement is made by the Department. 

20 ‘‘(b) EMERGENCY PROGRAM.—With respect to an allo21 cation of funds under section 125 of title 23, the Secretary 

22 shall provide to the Committee on Transportation and In23 frastructure of the House of Representatives and the Com24 mittee on Environment and Public Works of the Senate no25 tice of the allocation— 
660 

•S 612 EAH 

1 ‘‘(1) at least 3 full business days before the 

2 issuance of the allocation; or 

3 ‘‘(2) concurrently with the issuance of the alloca4 tion, if the allocation is made using the quick release 

5 process of the Department (or any successor process). 

6 ‘‘(c) DEFINITIONS.—In this section, the following defi7 nitions apply: 

8 ‘‘(1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘appropriate committees of Con10 gress’ means— 

11 ‘‘(A) the Committee on Transportation and 

12 Infrastructure of the House of Representatives; 

13 and 

14 ‘‘(B) the Committee on Environment and 

15 Public Works, the Committee on Commerce, 

16 Science, and Transportation, and the Committee 

17 on Banking, Housing, and Urban Affairs of the 

18 Senate. 

19 ‘‘(2) COVERED PROJECT.—The term ‘covered 

20 project’ means a project competitively selected by the 

21 Department to receive a discretionary grant award, 

22 letter of intent, loan commitment, loan guarantee 

23 commitment, or line of credit commitment in an 

24 amount equal to or greater than $750,000. 
661 

•S 612 EAH 

1 ‘‘(3) DEPARTMENT.—The term ‘Department’ 

2 means the Department of Transportation, including 

3 the modal administrations of the Department.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chapter 

5 3 of title 49, United States Code, is amended by inserting 

6 after the item relating to section 310 the following: 

‘‘311. Congressional notification requirements.’’. 

7 SEC. 5002. REAUTHORIZATION OF DENALI COMMISSION. 

8 (a) ADMINISTRATION.—Section 303 of the Denali 

9 Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 

10 105–277) is amended— 

11 (1) in subsection (c)— 

12 (A) in the first sentence by striking ‘‘The 

13 Federal Cochairperson’’ and inserting the fol14 lowing: 

15 ‘‘(1) TERM OF FEDERAL COCHAIRPERSON.—The 

16 Federal Cochairperson’’; 

17 (B) in the second sentence by striking ‘‘All 

18 other members’’ and inserting the following: 

19 ‘‘(3) TERM OF ALL OTHER MEMBERS.—All other 

20 members’’; 

21 (C) in the third sentence by striking ‘‘Any 

22 vacancy’’ and inserting the following: 

23 ‘‘(4) VACANCIES.—Except as provided in para24 graph (2), any vacancy’’; and 
662 

•S 612 EAH 

1 (D) by inserting before paragraph (3) (as 

2 designated by subparagraph (B)) the following: 

3 ‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In 

4 the event of a vacancy for any reason in the position 

5 of Federal Cochairperson, the Secretary may appoint 

6 an Interim Federal Cochairperson, who shall have all 

7 the authority of the Federal Cochairperson, to serve 

8 until such time as the vacancy in the position of Fed9 eral Cochairperson is filled in accordance with sub10 section (b)(2)).’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No member of 

13 the Commission, other than the Federal Cochairperson, 

14 shall be considered to be a Federal employee for any pur15 pose. 

16 ‘‘(g) CONFLICTS OF INTEREST.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graphs (2) and (3), no member of the Commission 

19 (referred to in this subsection as a ‘member’) shall 

20 participate personally or substantially, through rec21 ommendation, the rendering of advice, investigation, 

22 or otherwise, in any proceeding, application, request 

23 for a ruling or other determination, contract claim, 

24 controversy, or other matter in which, to the knowl-
663 

•S 612 EAH 

1 edge of the member, 1 or more of the following has a 

2 direct financial interest: 

3 ‘‘(A) The member. 

4 ‘‘(B) The spouse, minor child, or partner of 

5 the member. 

6 ‘‘(C) An organization described in subpara7 graph (B), (C), (D), (E), or (F) of subsection 

8 (b)(1) for which the member is serving as an of9 ficer, director, trustee, partner, or employee. 

10 ‘‘(D) Any individual, person, or organiza11 tion with which the member is negotiating or has 

12 any arrangement concerning prospective employ13 ment. 

14 ‘‘(2) DISCLOSURE.—Paragraph (1) shall not 

15 apply if the member— 

16 ‘‘(A) immediately advises the designated 

17 agency ethics official for the Commission of the 

18 nature and circumstances of the matter pre19 senting a potential conflict of interest; 

20 ‘‘(B) makes full disclosure of the financial 

21 interest; and 

22 ‘‘(C) before the proceeding concerning the 

23 matter presenting the conflict of interest, receives 

24 a written determination by the designated agen25 cy ethics official for the Commission that the in-
664 

•S 612 EAH 

1 terest is not so substantial as to be likely to affect 

2 the integrity of the services that the Commission 

3 may expect from the member. The written deter4 mination shall specify the rationale and any evi5 dence or support for the decision, identify steps, 

6 if any, that should be taken to mitigate any con7 flict of interest, and be available to the public. 

8 ‘‘(3) ANNUAL DISCLOSURES.—Once each cal9 endar year, each member shall make full disclosure of 

10 financial interests, in a manner to be determined by 

11 the designated agency ethics official for the Commis12 sion. 

13 ‘‘(4) TRAINING.—Once each calendar year, each 

14 member shall undergo disclosure of financial interests 

15 training, as prescribed by the designated agency eth16 ics official for the Commission. 

17 ‘‘(5) CLARIFICATION.—A member of the Commis18 sion may continue to participate personally or sub19 stantially, through decision, approval, or disapproval 

20 on the focus of applications to be considered but not 

21 on individual applications where a conflict of interest 

22 exists. 

23 ‘‘(6) VIOLATION.—Any person that violates this 

24 subsection shall be fined not more than $10,000, im25 prisoned for not more than 2 years, or both.’’. 
665 

•S 612 EAH 

1 (b) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) IN GENERAL.—Section 310 of the Denali 

3 Commission Act of 1998 (42 U.S.C. 3121 note; Public 

4 Law 105–277) (as redesignated by section 1960(1) of 

5 SAFETEA–LU (Public Law 109–59; 119 Stat. 

6 1516)) is amended, in subsection (a), by striking 

7 ‘‘under section 4 under this Act’’ and all that follows 

8 through ‘‘2008’’ and inserting ‘‘under section 304, 

9 $15,000,000 for each of fiscal years 2017 through 

10 2021.’’. 

11 (2) CLERICAL AMENDMENT.—Section 310 of the 

12 Denali Commission Act of 1998 (42 U.S.C. 3121 note; 

13 Public Law 105–277) (as redesignated by section 

14 1960(1) of SAFETEA–LU (Public Law 109–59; 119 

15 Stat. 1516)) is redesignated as section 312. 

16 SEC. 5003. RECREATIONAL ACCESS FOR FLOATING CABINS 

17 AT TVA RESERVOIRS. 

18 The Tennessee Valley Authority Act of 1933 is amend19 ed by inserting after section 9a (16 U.S.C. 831h-1) the fol20 lowing: 

21 ‘‘SEC. 9b. RECREATIONAL ACCESS. 

22 ‘‘(a) DEFINITION OF FLOATING CABIN.—In this sec23 tion, the term ‘floating cabin’ means a watercraft or other 

24 floating structure— 
666 

•S 612 EAH 

1 ‘‘(1) primarily designed and used for human 

2 habitation or occupation; and 

3 ‘‘(2) not primarily designed or used for naviga4 tion or transportation on water. 

5 ‘‘(b) RECREATIONAL ACCESS.—The Board may allow 

6 the use of a floating cabin if— 

7 ‘‘(1) the floating cabin is maintained by the 

8 owner to reasonable health, safety, and environmental 

9 standards, as required by the Board; 

10 ‘‘(2) the Corporation has authorized the use of 

11 recreational vessels on the waters; and 

12 ‘‘(3) the floating cabin was located on waters 

13 under the jurisdiction of the Corporation as of the 

14 date of enactment of this section. 

15 ‘‘(c) FEES.—The Board may levy fees on the owner 

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

17 Corporation for the purpose of ensuring compliance with 

18 subsection (b) if the fees are necessary and reasonable for 

19 such purpose. 

20 ‘‘(d) CONTINUED RECREATIONAL USE.— 

21 ‘‘(1) IN GENERAL.—With respect to a floating 

22 cabin located on waters under the jurisdiction of the 

23 Corporation on the date of enactment of this section, 

24 the Board— 
667 

•S 612 EAH 

1 ‘‘(A) may not require the removal of the 

2 floating cabin— 

3 ‘‘(i) in the case of a floating cabin that 

4 was granted a permit by the Corporation 

5 before the date of enactment of this section, 

6 for a period of 15 years beginning on such 

7 date of enactment; and 

8 ‘‘(ii) in the case of a floating cabin not 

9 granted a permit by the Corporation before 

10 the date of enactment of this section, for a 

11 period of 5 years beginning on such date of 

12 enactment; and 

13 ‘‘(B) shall approve and allow the use of the 

14 floating cabin on waters under the jurisdiction of 

15 the Corporation at such time and for such dura16 tion as— 

17 ‘‘(i) the floating cabin meets the re18 quirements of subsection (b); and 

19 ‘‘(ii) the owner of the floating cabin 

20 has paid any fee assessed pursuant to sub21 section (c). 

22 ‘‘(2) SAVINGS PROVISIONS.— 

23 ‘‘(A) Nothing in this subsection restricts the 

24 ability of the Corporation to enforce reasonable 

25 health, safety, or environmental standards. 
668 

•S 612 EAH 

1 ‘‘(B) This section applies only to floating 

2 cabins located on waters under the jurisdiction of 

3 the Corporation. 

4 ‘‘(e) NEW CONSTRUCTION.—The Corporation may es5 tablish regulations to prevent the construction of new float6 ing cabins.’’. 

7 SEC. 5004. GOLD KING MINE SPILL RECOVERY. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) CLAIMANT.—The term ‘‘claimant’’ means a 

13 State, Indian tribe, or local government that submits 

14 a claim under subsection (c). 

15 (3) GOLD KING MINE RELEASE.—The term ‘‘Gold 

16 King Mine release’’ means the discharge on August 5, 

17 2015, of approximately 3,000,000 gallons of contami18 nated water from the Gold King Mine north of 

19 Silverton, Colorado, into Cement Creek that occurred 

20 while contractors of the Environmental Protection 

21 Agency were conducting an investigation of the Gold 

22 King Mine to assess mine conditions. 

23 (4) NATIONAL CONTINGENCY PLAN.—The term 

24 ‘‘National Contingency Plan’’ means the National 

25 Contingency Plan prepared and published under part 
669 

•S 612 EAH 

1 300 of title 40, Code of Federal Regulations (or suc2 cessor regulations). 

3 (5) RESPONSE.—The term ‘‘response’’ has the 

4 meaning given the term in section 101 of the Com5 prehensive Environmental Response, Compensation, 

6 and Liability Act of 1980 (42 U.S.C. 9601). 

7 (b) SENSE OF CONGRESS.—It is the sense of Congress 

8 that the Administrator should receive and process, as expe9 ditiously as possible, claims under chapter 171 of title 28, 

10 United States Code (commonly known as the ‘‘Federal Tort 

11 Claims Act’’) for any injury arising out of the Gold King 

12 Mine release. 

13 (c) GOLD KING MINE RELEASE CLAIMS PURSUANT TO

14 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSA15 TION, AND LIABILITY ACT.— 

16 (1) IN GENERAL.—The Administrator shall, con17 sistent with the National Contingency Plan, receive 

18 and process under the Comprehensive Environmental 

19 Response, Compensation, and Liability Act of 1980 

20 (42 U.S.C. 9601 et seq.), and pay from appropria21 tions made available to the Administrator to carry 

22 out such Act, any claim made by a State, Indian 

23 tribe, or local government for eligible response costs 

24 relating to the Gold King Mine release. 

25 (2) ELIGIBLE RESPONSE COSTS.— 
670 

•S 612 EAH 

1 (A) IN GENERAL.—Response costs incurred 

2 between August 5, 2015, and September 9, 2016, 

3 are eligible for payment by the Administrator 

4 under this subsection, without prior approval by 

5 the Administrator, if the response costs are con6 sistent with the National Contingency Plan. 

7 (B) PRIOR APPROVAL REQUIRED.—Response 

8 costs incurred after September 9, 2016, are eligi9 ble for payment by the Administrator under this 

10 subsection if— 

11 (i) the Administrator approves the re12 sponse costs under section 111(a)(2) of the 

13 Comprehensive Environmental Response, 

14 Compensation, and Liability Act of 1980 

15 (42 U.S.C. 9611(a)(2)); and 

16 (ii) the response costs are consistent 

17 with the National Contingency Plan. 

18 (3) TIMING.— 

19 (A) IN GENERAL.—Not later than 90 days 

20 after the date of enactment of this Act, the Ad21 ministrator shall make a decision on, and pay, 

22 any eligible response costs submitted to the Ad23 ministrator before such date of enactment. 

24 (B) SUBSEQUENTLY FILED CLAIMS.—Not 

25 later than 90 days after the date on which a 
671 

•S 612 EAH 

1 claim is submitted to the Administrator, the Ad2 ministrator shall make a decision on, and pay, 

3 any eligible response costs. 

4 (C) DEADLINE.—All claims under this sub5 section shall be submitted to the Administrator 

6 not later than 180 days after the date of enact7 ment of this Act. 

8 (D) NOTIFICATION.—Not later than 30 days 

9 after the date on which the Administrator makes 

10 a decision under subparagraph (A) or (B), the 

11 Administrator shall notify the claimant of the 

12 decision. 

13 (d) WATER QUALITY PROGRAM.— 

14 (1) IN GENERAL.—In response to the Gold King 

15 Mine release, the Administrator, in conjunction with 

16 affected States, Indian tribes, and local governments, 

17 shall, subject to the availability of appropriations, de18 velop and implement a program for long-term water 

19 quality monitoring of rivers contaminated by the 

20 Gold King Mine release. 

21 (2) REQUIREMENTS.—In carrying out the pro22 gram described in paragraph (1), the Administrator, 

23 in conjunction with affected States, Indian tribes, 

24 and local governments, shall— 
672 

•S 612 EAH 

1 (A) collect water quality samples and sedi2 ment data; 

3 (B) provide the public with a means of 

4 viewing the water quality sample results and 

5 sediment data referred to in subparagraph (A) 

6 by, at a minimum, posting the information on 

7 the website of the Administrator; 

8 (C) take any other reasonable measure nec9 essary to assist affected States, Indian tribes, 

10 and local governments with long-term water 

11 monitoring; and 

12 (D) carry out additional program activities 

13 related to long-term water quality monitoring 

14 that the Administrator determines to be nec15 essary. 

16 (3) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to the Ad18 ministrator $4,000,000.00 for each of fiscal years 

19 2017 through 2021 to carry out this subsection, in20 cluding the reimbursement of affected States, Indian 

21 tribes, and local governments for the costs of long22 term water quality monitoring of any river contami23 nated by the Gold King Mine release. 

24 (e) EXISTING STATE AND TRIBAL LAW.—Nothing in 

25 this section affects the jurisdiction or authority of any de-
673 

•S 612 EAH 

1 partment, agency, or officer of any State government or any 

2 Indian tribe. 

3 (f) SAVINGS CLAUSE.—Nothing in this section affects 

4 any right of any State, Indian tribe, or other person to 

5 bring a claim against the United States for response costs 

6 or natural resources damages pursuant to section 107 of 

7 the Comprehensive Environmental Response, Compensa8 tion, and Liability Act of 1980 (42 U.S.C. 9607). 

9 SEC. 5005. GREAT LAKES RESTORATION INITIATIVE. 

10 Section 118(c)(7) of the Federal Water Pollution Con11 trol Act (33 U.S.C. 1268(c)(7)) is amended— 

12 (1) by striking subparagraphs (B) and (C) and 

13 inserting the following: 

14 ‘‘(B) FOCUS AREAS.—In carrying out the 

15 Initiative, the Administrator shall prioritize pro16 grams and projects, to be carried out in coordi17 nation with non-Federal partners, that address 

18 the priority areas described in the Initiative Ac19 tion Plan, including— 

20 ‘‘(i) the remediation of toxic substances 

21 and areas of concern; 

22 ‘‘(ii) the prevention and control of 

23 invasive species and the impacts of invasive 

24 species; 
674 

•S 612 EAH 

1 ‘‘(iii) the protection and restoration of 

2 nearshore health and the prevention and 

3 mitigation of nonpoint source pollution; 

4 ‘‘(iv) habitat and wildlife protection 

5 and restoration, including wetlands restora6 tion and preservation; and 

7 ‘‘(v) accountability, monitoring, eval8 uation, communication, and partnership 

9 activities. 

10 ‘‘(C) PROJECTS.— 

11 ‘‘(i) IN GENERAL.—In carrying out the 

12 Initiative, the Administrator shall collabo13 rate with other Federal partners, including 

14 the Great Lakes Interagency Task Force es15 tablished by Executive Order No. 13340 (69 

16 Fed. Reg. 29043), to select the best combina17 tion of programs and projects for Great 

18 Lakes protection and restoration using ap19 propriate principles and criteria, including 

20 whether a program or project provides— 

21 ‘‘(I) the ability to achieve stra22 tegic and measurable environmental 

23 outcomes that implement the Initiative 

24 Action Plan and the Great Lakes 

25 Water Quality Agreement; 
675 

•S 612 EAH 

1 ‘‘(II) the feasibility of— 

2 ‘‘(aa) prompt implementa3 tion; 

4 ‘‘(bb) timely achievement of 

5 results; and 

6 ‘‘(cc) resource leveraging; and 

7 ‘‘(III) the opportunity to improve 

8 interagency, intergovernmental, and 

9 interorganizational coordination and 

10 collaboration to reduce duplication and 

11 streamline efforts. 

12 ‘‘(ii) OUTREACH.—In selecting the best 

13 combination of programs and projects for 

14 Great Lakes protection and restoration 

15 under clause (i), the Administrator shall 

16 consult with the Great Lakes States and In17 dian tribes and solicit input from other 

18 non-Federal stakeholders. 

19 ‘‘(iii) HARMFUL ALGAL BLOOM COOR20 DINATOR.—The Administrator shall des21 ignate a point person from an appropriate 

22 Federal partner to coordinate, with Federal 

23 partners and Great Lakes States, Indian 

24 tribes, and other non-Federal stakeholders, 

25 projects and activities under the Initiative 
676 

•S 612 EAH 

1 involving harmful algal blooms in the Great 

2 Lakes.’’; 

3 (2) in subparagraph (D)— 

4 (A) by striking clause (i) and inserting the 

5 following: 

6 ‘‘(i) IN GENERAL.—Subject to subpara7 graph (J)(ii), funds made available to carry 

8 out the Initiative shall be used to strategi9 cally implement— 

10 ‘‘(I) Federal projects; 

11 ‘‘(II) projects carried out in co12 ordination with States, Indian tribes, 

13 municipalities, institutions of higher 

14 education, and other organizations; 

15 and 

16 ‘‘(III) operations and activities of 

17 the Program Office, including remedi18 ation of sediment contamination in 

19 areas of concern.’’; 

20 (B) in clause (ii)(I), by striking ‘‘(G)(i)’’ 

21 and inserting ‘‘(J)(i)’’; and 

22 (C) by inserting after clause (ii) the fol23 lowing: 

24 ‘‘(iii) AGREEMENTS WITH NON-FED25 ERAL ENTITIES.— 
677 

•S 612 EAH 

1 ‘‘(I) IN GENERAL.—The Adminis2 trator, or the head of any other Federal 

3 department or agency receiving funds 

4 under clause (ii)(I), may make a grant 

5 to, or otherwise enter into an agree6 ment with, a qualified non-Federal en7 tity, as determined by the Adminis8 trator or the applicable head of the 

9 other Federal department or agency re10 ceiving funds, for planning, research, 

11 monitoring, outreach, or implementa12 tion of a project selected under sub13 paragraph (C), to support the Initia14 tive Action Plan or the Great Lakes 

15 Water Quality Agreement. 

16 ‘‘(II) QUALIFIED NON-FEDERAL

17 ENTITY.—For purposes of this clause, a 

18 qualified non-Federal entity may in19 clude a governmental entity, nonprofit 

20 organization, institution, or indi21 vidual.’’; and 

22 (3) by striking subparagraphs (E) through (G) 

23 and inserting the following: 

24 ‘‘(E) SCOPE.— 
678 

•S 612 EAH 

1 ‘‘(i) IN GENERAL.—Projects may be 

2 carried out under the Initiative on multiple 

3 levels, including— 

4 ‘‘(I) locally; 

5 ‘‘(II) Great Lakes-wide; or 

6 ‘‘(III) Great Lakes basin-wide. 

7 ‘‘(ii) LIMITATION.—No funds made 

8 available to carry out the Initiative may be 

9 used for any water infrastructure activity 

10 (other than a green infrastructure project 

11 that improves habitat and other ecosystem 

12 functions in the Great Lakes) for which fi13 nancial assistance is received— 

14 ‘‘(I) from a State water pollution 

15 control revolving fund established 

16 under title VI; 

17 ‘‘(II) from a State drinking water 

18 revolving loan fund established under 

19 section 1452 of the Safe Drinking 

20 Water Act (42 U.S.C. 300j–12); or 

21 ‘‘(III) pursuant to the Water In22 frastructure Finance and Innovation 

23 Act of 2014 (33 U.S.C. 3901 et seq.). 

24 ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN25 CIES.—Each relevant Federal department or 
679 

•S 612 EAH 

1 agency shall, to the maximum extent prac2 ticable— 

3 ‘‘(i) maintain the base level of funding 

4 for the Great Lakes activities of that depart5 ment or agency without regard to funding 

6 under the Initiative; and 

7 ‘‘(ii) identify new activities and 

8 projects to support the environmental goals 

9 of the Initiative. 

10 ‘‘(G) REVISION OF INITIATIVE ACTION

11 PLAN.— 

12 ‘‘(i) IN GENERAL.—Not less often than 

13 once every 5 years, the Administrator, in 

14 conjunction with the Great Lakes Inter15 agency Task Force, shall review, and revise 

16 as appropriate, the Initiative Action Plan 

17 to guide the activities of the Initiative in 

18 addressing the restoration and protection of 

19 the Great Lakes system. 

20 ‘‘(ii) OUTREACH.—In reviewing and 

21 revising the Initiative Action Plan under 

22 clause (i), the Administrator shall consult 

23 with the Great Lakes States and Indian 

24 tribes and solicit input from other non-Fed25 eral stakeholders. 
680 

•S 612 EAH 

1 ‘‘(H) MONITORING AND REPORTING.—The 

2 Administrator shall— 

3 ‘‘(i) establish and maintain a process 

4 for monitoring and periodically reporting 

5 to the public on the progress made in imple6 menting the Initiative Action Plan; 

7 ‘‘(ii) make information about each 

8 project carried out under the Initiative Ac9 tion Plan available on a public website; and 

10 ‘‘(iii) provide to the Committee on 

11 Transportation and Infrastructure of the 

12 House of Representatives and the Committee 

13 on Environment and Public Works of the 

14 Senate a yearly detailed description of the 

15 progress of the Initiative and amounts 

16 transferred to participating Federal depart17 ments and agencies under subparagraph 

18 (D)(ii). 

19 ‘‘(I) INITIATIVE ACTION PLAN DEFINED.—In 

20 this paragraph, the term ‘Initiative Action Plan’ 

21 means the comprehensive, multiyear action plan 

22 for the restoration of the Great Lakes, first devel23 oped pursuant to the Joint Explanatory State24 ment of the Conference Report accompanying the 

25 Department of the Interior, Environment, and 
681 

•S 612 EAH 

1 Related Agencies Appropriations Act, 2010 (Pub2 lic Law 111–88). 

3 ‘‘(J) FUNDING.— 

4 ‘‘(i) IN GENERAL.—There is authorized 

5 to be appropriated to carry out this para6 graph $300,000,000 for each of fiscal years 

7 2017 through 2021. 

8 ‘‘(ii) LIMITATION.—Nothing in this 

9 paragraph creates, expands, or amends the 

10 authority of the Administrator to imple11 ment programs or projects under— 

12 ‘‘(I) this section; 

13 ‘‘(II) the Initiative Action Plan; 

14 or 

15 ‘‘(III) the Great Lakes Water 

16 Quality Agreement.’’. 

17 SEC. 5006. REHABILITATION OF HIGH HAZARD POTENTIAL 

18 DAMS. 

19 (a) DEFINITIONS.—Section 2 of the National Dam 

20 Safety Program Act (33 U.S.C. 467) is amended— 

21 (1) by redesignating paragraphs (4), (5), (6), 

22 (7), (8), (9), (10), (11), (12), and (13) as paragraphs 

23 (5), (6), (7), (8), (9), (11), (13), (14), (15), and (16), 

24 respectively; 
682 

•S 612 EAH 

1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL

4 DAM.— 

5 ‘‘(A) IN GENERAL.—The term ‘eligible high 

6 hazard potential dam’ means a non-Federal dam 

7 that— 

8 ‘‘(i) is located in a State with a State 

9 dam safety program; 

10 ‘‘(ii) is classified as ‘high hazard po11 tential’ by the State dam safety agency in 

12 the State in which the dam is located; 

13 ‘‘(iii) has an emergency action plan 

14 approved by the relevant State dam safety 

15 agency; and 

16 ‘‘(iv) the State in which the dam is lo17 cated determines— 

18 ‘‘(I) fails to meet minimum dam 

19 safety standards of the State; and 

20 ‘‘(II) poses an unacceptable risk 

21 to the public. 

22 ‘‘(B) EXCLUSION.—The term ‘eligible high 

23 hazard potential dam’ does not include— 

24 ‘‘(i) a licensed hydroelectric dam; or 
683 

•S 612 EAH 

1 ‘‘(ii) a dam built under the authority 

2 of the Secretary of Agriculture.’’; 

3 (3) by inserting after paragraph (9) (as redesig4 nated by paragraph (1) of this subsection) the fol5 lowing: 

6 ‘‘(10) NON-FEDERAL SPONSOR.—The term ‘non7 Federal sponsor’, in the case of a project receiving as8 sistance under section 8A, includes— 

9 ‘‘(A) a governmental organization; and 

10 ‘‘(B) a nonprofit organization.’’; and 

11 (4) by inserting after paragraph (11) (as redes12 ignated by paragraph (1) of this subsection) the fol13 lowing: 

14 ‘‘(12) REHABILITATION.—The term ‘rehabilita15 tion’ means the repair, replacement, reconstruction, 

16 or removal of a dam that is carried out to meet appli17 cable State dam safety and security standards.’’. 

18 (b) PROGRAM FOR REHABILITATION OF HIGH HAZARD

19 POTENTIAL DAMS.—The National Dam Safety Program 

20 Act is amended by inserting after section 8 (33 U.S.C. 467f) 

21 the following: 

22 ‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL 

23 DAMS. 

24 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis25 trator shall establish, within FEMA, a program to provide 
684 

•S 612 EAH 

1 technical, planning, design, and construction assistance in 

2 the form of grants to non-Federal sponsors for rehabilitation 

3 of eligible high hazard potential dams. 

4 ‘‘(b) ELIGIBLE ACTIVITIES.—A grant awarded under 

5 this section for a project may be used for— 

6 ‘‘(1) repair; 

7 ‘‘(2) removal; or 

8 ‘‘(3) any other structural or nonstructural meas9 ures to rehabilitate an eligible high hazard potential 

10 dam. 

11 ‘‘(c) AWARD OF GRANTS.— 

12 ‘‘(1) APPLICATION.— 

13 ‘‘(A) IN GENERAL.—A non-Federal sponsor 

14 interested in receiving a grant under this section 

15 may submit to the Administrator an application 

16 for the grant. 

17 ‘‘(B) REQUIREMENTS.—An application sub18 mitted to the Administrator under this section 

19 shall be submitted at such time, be in such form, 

20 and contain such information as the Adminis21 trator may prescribe by regulation. 

22 ‘‘(2) GRANT.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 may make a grant in accordance with this sec25 tion for rehabilitation of an eligible high hazard 
685 

•S 612 EAH 

1 potential dam to a non-Federal sponsor that sub2 mits an application for the grant in accordance 

3 with the regulations prescribed by the Adminis4 trator. 

5 ‘‘(B) PROJECT GRANT AGREEMENT.—The 

6 Administrator shall enter into a project grant 

7 agreement with the non-Federal sponsor to estab8 lish the terms of the grant and the project, in9 cluding the amount of the grant. 

10 ‘‘(C) GRANT ASSURANCE.—As part of a 

11 project grant agreement under subparagraph 

12 (B), the Administrator shall require the non-Fed13 eral sponsor to provide an assurance, with re14 spect to the dam to be rehabilitated under the 

15 project, that the owner of the dam has developed 

16 and will carry out a plan for maintenance of the 

17 dam during the expected life of the dam. 

18 ‘‘(D) LIMITATION.—A grant provided under 

19 this section shall not exceed the lesser of— 

20 ‘‘(i) 12.5 percent of the total amount of 

21 funds made available to carry out this sec22 tion; or 

23 ‘‘(ii) $7,500,000. 

24 ‘‘(d) REQUIREMENTS.— 
686 

•S 612 EAH 

1 ‘‘(1) APPROVAL.—A grant awarded under this 

2 section for a project shall be approved by the relevant 

3 State dam safety agency. 

4 ‘‘(2) NON-FEDERAL SPONSOR REQUIREMENTS.— 

5 To receive a grant under this section, the non-Federal 

6 sponsor shall— 

7 ‘‘(A) participate in, and comply with, all 

8 applicable Federal flood insurance programs; 

9 ‘‘(B) have in place a hazard mitigation 

10 plan that— 

11 ‘‘(i) includes all dam risks; and 

12 ‘‘(ii) complies with the Disaster Miti13 gation Act of 2000 (Public Law 106–390; 

14 114 Stat. 1552); 

15 ‘‘(C) commit to provide operation and 

16 maintenance of the project for the 50-year period 

17 following completion of rehabilitation; 

18 ‘‘(D) comply with such minimum eligibility 

19 requirements as the Administrator may establish 

20 to ensure that each owner and operator of a dam 

21 under a participating State dam safety program 

22 and that receives assistance under this section— 

23 ‘‘(i) acts in accordance with the State 

24 dam safety program; and 
687 

•S 612 EAH 

1 ‘‘(ii) carries out activities relating to 

2 the public in the area around the dam in 

3 accordance with the hazard mitigation plan 

4 described in subparagraph (B); and 

5 ‘‘(E) comply with section 611(j)(9) of the 

6 Robert T. Stafford Disaster Relief and Emer7 gency Assistance Act (42 U.S.C. 5196(j)(9)) (as 

8 in effect on the date of enactment of this section) 

9 with respect to projects receiving assistance 

10 under this section in the same manner as recipi11 ents are required to comply in order to receive 

12 financial contributions from the Administrator 

13 for emergency preparedness purposes. 

14 ‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— 

15 ‘‘(1) IN GENERAL.—As a condition of receipt of 

16 assistance under this section, the non-Federal sponsor 

17 shall demonstrate that a floodplain management plan 

18 to reduce the impacts of future flood events in the 

19 area protected by the project— 

20 ‘‘(A) is in place; or 

21 ‘‘(B) will be— 

22 ‘‘(i) developed not later than 1 year 

23 after the date of execution of a project agree24 ment for assistance under this section; and 
688 

•S 612 EAH 

1 ‘‘(ii) implemented not later than 1 

2 year after the date of completion of con3 struction of the project. 

4 ‘‘(2) INCLUSIONS.—A plan under paragraph (1) 

5 shall address— 

6 ‘‘(A) potential measures, practices, and 

7 policies to reduce loss of life, injuries, damage to 

8 property and facilities, public expenditures, and 

9 other adverse impacts of flooding in the area 

10 protected by the project; 

11 ‘‘(B) plans for flood fighting and evacu12 ation; and 

13 ‘‘(C) public education and awareness of 

14 flood risks. 

15 ‘‘(3) TECHNICAL SUPPORT.—The Administrator 

16 may provide technical support for the development 

17 and implementation of floodplain management plans 

18 prepared under this subsection. 

19 ‘‘(f) PRIORITY SYSTEM.—The Administrator, in con20 sultation with the Board, shall develop a risk-based priority 

21 system for use in identifying eligible high hazard potential 

22 dams for which grants may be made under this section. 

23 ‘‘(g) FUNDING.— 

24 ‘‘(1) COST SHARING.— 
689 

•S 612 EAH 

1 ‘‘(A) IN GENERAL.—Any assistance pro2 vided under this section for a project shall be 

3 subject to a non-Federal cost-sharing requirement 

4 of not less than 35 percent. 

5 ‘‘(B) IN-KIND CONTRIBUTIONS.—The non6 Federal share under subparagraph (A) may be 

7 provided in the form of in-kind contributions. 

8 ‘‘(2) ALLOCATION OF FUNDS.—The total amount 

9 of funds made available to carry out this section for 

10 each fiscal year shall be distributed as follows: 

‘‘(A) EQUAL DISTRIBUTION.—1 11 ⁄3 shall be 

12 distributed equally among the States in which 

13 the projects for which applications are submitted 

14 under subsection (c)(1) are located. 

‘‘(B) NEED-BASED.—2 15 ⁄3 shall be distributed 

16 among the States in which the projects for which 

17 applications are submitted under subsection 

18 (c)(1) are located based on the proportion that— 

19 ‘‘(i) the number of eligible high hazard 

20 potential dams in the State; bears to 

21 ‘‘(ii) the number of eligible high hazard 

22 potential dams in all such States. 

23 ‘‘(h) USE OF FUNDS.—None of the funds provided in 

24 the form of a grant or otherwise made available under this 

25 section shall be used— 
690 

•S 612 EAH 

1 ‘‘(1) to rehabilitate a Federal dam; 

2 ‘‘(2) to perform routine operation or mainte3 nance of a dam; 

4 ‘‘(3) to modify a dam to produce hydroelectric 

5 power; 

6 ‘‘(4) to increase water supply storage capacity; 

7 or 

8 ‘‘(5) to make any other modification to a dam 

9 that does not also improve the safety of the dam. 

10 ‘‘(i) CONTRACTUAL REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), as 

12 a condition on the receipt of a grant under this sec13 tion of an amount greater than $1,000,000, a non14 Federal sponsor that receives the grant shall require 

15 that each contract and subcontract for program man16 agement, construction management, planning studies, 

17 feasibility studies, architectural services, preliminary 

18 engineering, design, engineering, surveying, mapping, 

19 and related services entered into using funds from the 

20 grant be awarded in the same manner as a contract 

21 for architectural and engineering services is awarded 

22 under— 

23 ‘‘(A) chapter 11 of title 40, United States 

24 Code; or 
691 

•S 612 EAH 

1 ‘‘(B) an equivalent qualifications-based re2 quirement prescribed by the relevant State. 

3 ‘‘(2) NO PROPRIETARY INTEREST.—A contract 

4 awarded in accordance with paragraph (1) shall not 

5 be considered to confer a proprietary interest upon 

6 the United States. 

7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to carry out this section— 

9 ‘‘(1) $10,000,000 for fiscal years 2017 and 2018; 

10 ‘‘(2) $25,000,000 for fiscal year 2019; 

11 ‘‘(3) $40,000,000 for fiscal year 2020; and 

12 ‘‘(4) $60,000,000 for each of fiscal years 2021 

13 through 2026.’’. 

14 (c) RULEMAKING.— 

15 (1) PROPOSED RULEMAKING.—Not later than 90 

16 days after the date of enactment of this Act, the Ad17 ministrator of the Federal Emergency Management 

18 Agency shall issue a notice of proposed rulemaking re19 garding applications for grants of assistance under 

20 the amendments made by subsection (b) to the Na21 tional Dam Safety Program Act (33 U.S.C. 467 et 

22 seq.). 

23 (2) FINAL RULE.—Not later than 180 days after 

24 the date of enactment of this Act, the Administrator 

25 of the Federal Emergency Management Agency shall 
692 

•S 612 EAH 

1 promulgate a final rule regarding the amendments 

2 described in paragraph (1). 

3 SEC. 5007. CHESAPEAKE BAY GRASS SURVEY. 

4 Section 117(i) of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1267(i)) is amended by adding at the end 

6 the following: 

7 ‘‘(3) ANNUAL SURVEY.—The Administrator shall 

8 carry out an annual survey of sea grasses in the 

9 Chesapeake Bay.’’. 

10 SEC. 5008. WATER INFRASTRUCTURE FINANCE AND INNO11 VATION. 

12 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 

13 5023(b)(2) of the Water Infrastructure Finance and Inno14 vation Act of 2014 (33 U.S.C. 3902(b)(2)) is amended by 

15 striking ‘‘carry out’’ and inserting ‘‘provide financial as16 sistance to carry out’’. 

17 (b) PROJECTS ELIGIBLE FOR ASSISTANCE.— 

18 (1) IN GENERAL.—Section 5026 of the Water In19 frastructure Finance and Innovation Act of 2014 (33 

20 U.S.C. 3905) is amended— 

21 (A) in paragraph (6)— 

22 (i) by striking ‘‘desalination project’’ 

23 and inserting ‘‘desalination project, includ24 ing chloride control’’; and 
693 

•S 612 EAH 

1 (ii) by striking ‘‘or a water recycling 

2 project’’ and inserting ‘‘a water recycling 

3 project, or a project to provide alternative 

4 water supplies to reduce aquifer depletion’’; 

5 (B) by redesignating paragraphs (7), (8), 

6 and (9) as paragraphs (8), (9), and (10), respec7 tively; 

8 (C) by inserting after paragraph (6) the fol9 lowing: 

10 ‘‘(7) A project to prevent, reduce, or mitigate the 

11 effects of drought, including projects that enhance the 

12 resilience of drought-stricken watersheds.’’; and 

13 (D) in paragraph (10) (as redesignated by 

14 subparagraph (B)), by striking ‘‘or (7)’’ and in15 serting ‘‘(7), or (8)’’. 

16 (2) CONFORMING AMENDMENTS.— 

17 (A) Section 5023(b) of the Water Infrastruc18 ture Finance and Innovation Act of 2014 (33 

19 U.S.C. 3902(b)) is amended— 

20 (i) in paragraph (2) by striking ‘‘and 

21 (8)’’ and inserting ‘‘(7), and (9)’’; and 

22 (ii) in paragraph (3) by striking 

23 ‘‘paragraph (7) or (9)’’ and inserting 

24 ‘‘paragraph (8) or (10)’’. 
694 

•S 612 EAH 

1 (B) Section 5024(b) of the Water Infrastruc2 ture Finance and Innovation Act of 2014 (33 

3 U.S.C. 3903(b)) is amended by striking ‘‘para4 graph (8) or (9)’’ and inserting ‘‘paragraph (9) 

5 or (10)’’. 

6 (C) Section 5027(3) of the Water Infrastruc7 ture Finance and Innovation Act of 2014 (33 

8 U.S.C. 3906(3)) is amended by striking ‘‘section 

9 5026(7)’’ and inserting ‘‘section 5026(8)’’. 

10 (D) Section 5028 of the Water Infrastruc11 ture Finance and Innovation Act of 2014 (33 

12 U.S.C. 3907) is amended— 

13 (i) in subsection (a)(1)(E)— 

14 (I) by striking ‘‘section 5026(9)’’ 

15 and inserting ‘‘section 5026(10)’’; and 

16 (II) by striking ‘‘section 5026(8)’’ 

17 and inserting ‘‘section 5026(9)’’; and 

18 (ii) in subsection (b)(3) by striking 

19 ‘‘section 5026(8)’’ and inserting ‘‘section 

20 5026(9)’’. 

21 (c) TERMS AND CONDITIONS.—Section 5029(b) of the 

22 Water Infrastructure Finance and Innovation Act of 2014 

23 (33 U.S.C. 3908(b)) is amended— 

24 (1) in paragraph (7)— 
695 

•S 612 EAH 

1 (A) by striking ‘‘The Secretary’’ and insert2 ing the following: 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), the Secretary’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(B) FINANCING FEES.—On request of an 

7 eligible entity, the Secretary or the Adminis8 trator, as applicable, shall allow the fees under 

9 subparagraph (A) to be financed as part of the 

10 loan.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(10) CREDIT.—Any eligible project costs in13 curred and the value of any integral in-kind con14 tributions made before receipt of assistance under this 

15 subtitle shall be credited toward the 51 percent of 

16 project costs to be provided by sources of funding 

17 other than a secured loan under this subtitle (as de18 scribed in paragraph (2)(A)).’’. 

19 (d) SENSE OF CONGRESS.—It is the sense of Congress 

20 that— 

21 (1) appropriations made available to carry out 

22 the Water Infrastructure Finance and Innovation Act 

23 of 2014 (33 U.S.C. 3901 et seq.) should be in addition 

24 to robust funding for the State water pollution control 

25 revolving funds established under title VI of the Fed-
696 

•S 612 EAH 

1 eral Water Pollution Control Act (33 U.S.C. 1381 et 

2 seq.) and State drinking water treatment revolving 

3 loan funds established under section 1452 of the Safe 

4 Drinking Water Act (42 U.S.C. 300j–12); and 

5 (2) the appropriations made available for the 

6 funds referred to in paragraph (1) should not decrease 

7 for any fiscal year. 

8 SEC. 5009. REPORT ON GROUNDWATER CONTAMINATION. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of enactment of this Act, and annually thereafter for 

11 the next 4 years, the Secretary of the Navy shall submit 

12 a report to Congress on the groundwater contamination 

13 from the site that includes— 

14 (1) a description of the status of the groundwater 

15 contaminants that are leaving the site and migrating 

16 to a location within a 10-mile radius of the site, in17 cluding— 

18 (A) detailed mapping of the movement of 

19 the plume over time; and 

20 (B) projected migration rates of the plume; 

21 (2) an analysis of the current and future impact 

22 of the movement of the plume on drinking water fa23 cilities; and 

24 (3) a comprehensive strategy to prevent the 

25 groundwater contaminants from the site from con-
697 

•S 612 EAH 

1 taminating drinking water wells that, as of the date 

2 of the submission of the report, have not been affected 

3 by the migration of the plume. 

4 (b) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 (1) COMPREHENSIVE STRATEGY.—The term 

7 ‘‘comprehensive strategy’’ means a plan for— 

8 (A) the remediation of the plume under the 

9 Comprehensive Environmental Response, Com10 pensation, and Liability Act of 1980 (42 U.S.C. 

11 9601 et seq.); or 

12 (B) corrective action under the Solid Waste 

13 Disposal Act (42 U.S.C. 6901 et seq.). 

14 (2) GROUNDWATER.—The term ‘‘groundwater’’ 

15 means water in a saturated zone or stratum beneath 

16 the surface of land or water. 

17 (3) PLUME.—The term ‘‘plume’’ means any haz18 ardous waste (as defined in section 1004 of the Solid 

19 Waste Disposal Act (42 U.S.C. 6903)) or hazardous 

20 substance (as defined in section 101 of the Com21 prehensive Environmental Response, Compensation, 

22 and Liability Act of 1980 (42 U.S.C. 9601)) found in 

23 the groundwater supply. 

24 (4) SITE.—The term ‘‘site’’ means the site lo25 cated at 830 South Oyster Bay Road, Bethpage, New 
698 

•S 612 EAH 

1 York, 11714 (Environmental Protection Agency iden2 tification number NYD002047967). 

3 SEC. 5010. COLUMBIA RIVER BASIN RESTORATION. 

4 Title I of the Federal Water Pollution Control Act (33 

5 U.S.C. 1251 et seq.) is amended by adding at the end the 

6 following: 

7 ‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORATION. 

8 ‘‘(a) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 ‘‘(1) COLUMBIA RIVER BASIN.—The term ‘Colum11 bia River Basin’ means the entire United States por12 tion of the Columbia River watershed. 

13 ‘‘(2) ESTUARY PARTNERSHIP.—The term ‘Estu14 ary Partnership’ means the Lower Columbia Estuary 

15 Partnership, an entity created by the States of Oregon 

16 and Washington and the Environmental Protection 

17 Agency under section 320. 

18 ‘‘(3) ESTUARY PLAN.— 

19 ‘‘(A) IN GENERAL.—The term ‘Estuary 

20 Plan’ means the Estuary Partnership Com21 prehensive Conservation and Management Plan 

22 adopted by the Environmental Protection Agency 

23 and the Governors of Oregon and Washington on 

24 October 20, 1999, under section 320. 
699 

•S 612 EAH 

1 ‘‘(B) INCLUSION.—The term ‘Estuary Plan’ 

2 includes any amendments to the plan. 

3 ‘‘(4) LOWER COLUMBIA RIVER ESTUARY.—The 

4 term ‘Lower Columbia River Estuary’ means the 

5 mainstem Columbia River from the Bonneville Dam 

6 to the Pacific Ocean and tidally influenced portions 

7 of tributaries to the Columbia River in that region. 

8 ‘‘(5) MIDDLE AND UPPER COLUMBIA RIVER

9 BASIN.—The term ‘Middle and Upper Columbia 

10 River Basin’ means the region consisting of the 

11 United States portion of the Columbia River Basin 

12 above Bonneville Dam. 

13 ‘‘(6) PROGRAM.—The term ‘Program’ means the 

14 Columbia River Basin Restoration Program estab15 lished under subsection (b)(1)(A). 

16 ‘‘(b) COLUMBIA RIVER BASIN RESTORATION PRO17 GRAM.— 

18 ‘‘(1) ESTABLISHMENT.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 shall establish within the Environmental Protec21 tion Agency a Columbia River Basin Restora22 tion Program. 

23 ‘‘(B) EFFECT.— 

24 ‘‘(i) The establishment of the Program 

25 does not modify any legal or regulatory au-
700 

•S 612 EAH 

1 thority or program in effect as of the date 

2 of enactment of this section, including the 

3 roles of Federal agencies in the Columbia 

4 River Basin. 

5 ‘‘(ii) This section does not create any 

6 new regulatory authority. 

7 ‘‘(2) SCOPE OF PROGRAM.—The Program shall 

8 consist of a collaborative stakeholder-based program 

9 for environmental protection and restoration activi10 ties throughout the Columbia River Basin. 

11 ‘‘(3) DUTIES.—The Administrator shall— 

12 ‘‘(A) assess trends in water quality, includ13 ing trends that affect uses of the water of the Co14 lumbia River Basin; 

15 ‘‘(B) collect, characterize, and assess data 

16 on water quality to identify possible causes of 

17 environmental problems; and 

18 ‘‘(C) provide grants in accordance with sub19 section (d) for projects that assist in— 

20 ‘‘(i) eliminating or reducing pollution; 

21 ‘‘(ii) cleaning up contaminated sites; 

22 ‘‘(iii) improving water quality; 

23 ‘‘(iv) monitoring to evaluate trends; 

24 ‘‘(v) reducing runoff; 

25 ‘‘(vi) protecting habitat; or 
701 

•S 612 EAH 

1 ‘‘(vii) promoting citizen engagement or 

2 knowledge. 

3 ‘‘(c) STAKEHOLDER WORKING GROUP.— 

4 ‘‘(1) ESTABLISHMENT.—The Administrator shall 

5 establish a Columbia River Basin Restoration Work6 ing Group (referred to in this subsection as the ‘Work7 ing Group’). 

8 ‘‘(2) MEMBERSHIP.— 

9 ‘‘(A) IN GENERAL.—Membership in the 

10 Working Group shall be on a voluntary basis 

11 and any person invited by the Administrator 

12 under this subsection may decline membership. 

13 ‘‘(B) INVITED REPRESENTATIVES.—The Ad14 ministrator shall invite, at a minimum, rep15 resentatives of— 

16 ‘‘(i) each State located in whole or in 

17 part in the Columbia River Basin; 

18 ‘‘(ii) the Governors of each State lo19 cated in whole or in part in the Columbia 

20 River Basin; 

21 ‘‘(iii) each federally recognized Indian 

22 tribe in the Columbia River Basin; 

23 ‘‘(iv) local governments in the Colum24 bia River Basin; 
702 

•S 612 EAH 

1 ‘‘(v) industries operating in the Co2 lumbia River Basin that affect or could af3 fect water quality; 

4 ‘‘(vi) electric, water, and wastewater 

5 utilities operating in the Columba River 

6 Basin; 

7 ‘‘(vii) private landowners in the Co8 lumbia River Basin; 

9 ‘‘(viii) soil and water conservation dis10 tricts in the Columbia River Basin; 

11 ‘‘(ix) nongovernmental organizations 

12 that have a presence in the Columbia River 

13 Basin; 

14 ‘‘(x) the general public in the Colum15 bia River Basin; and 

16 ‘‘(xi) the Estuary Partnership. 

17 ‘‘(3) GEOGRAPHIC REPRESENTATION.—The 

18 Working Group shall include representatives from— 

19 ‘‘(A) each State located in whole or in part 

20 in the Columbia River Basin; and 

21 ‘‘(B) each of the lower, middle, and upper 

22 basins of the Columbia River. 

23 ‘‘(4) DUTIES AND RESPONSIBILITIES.—The 

24 Working Group shall— 
703 

•S 612 EAH 

1 ‘‘(A) recommend and prioritize projects and 

2 actions; and 

3 ‘‘(B) review the progress and effectiveness of 

4 projects and actions implemented. 

5 ‘‘(5) LOWER COLUMBIA RIVER ESTUARY.— 

6 ‘‘(A) ESTUARY PARTNERSHIP.—The Estu7 ary Partnership shall perform the duties and ful8 fill the responsibilities of the Working Group de9 scribed in paragraph (4) as those duties and re10 sponsibilities relate to the Lower Columbia River 

11 Estuary for such time as the Estuary Partner12 ship is the management conference for the Lower 

13 Columbia River National Estuary Program 

14 under section 320. 

15 ‘‘(B) DESIGNATION.—If the Estuary Part16 nership ceases to be the management conference 

17 for the Lower Columbia River National Estuary 

18 Program under section 320, the Administrator 

19 may designate the new management conference 

20 to assume the duties and responsibilities of the 

21 Working Group described in paragraph (4) as 

22 those duties and responsibilities relate to the 

23 Lower Columbia River Estuary. 

24 ‘‘(C) INCORPORATION.—If the Estuary 

25 Partnership is removed from the National Estu-
704 

•S 612 EAH 

1 ary Program, the duties and responsibilities for 

2 the lower 146 miles of the Columbia River pur3 suant to this section shall be incorporated into 

4 the duties of the Working Group. 

5 ‘‘(d) GRANTS.— 

6 ‘‘(1) IN GENERAL.—The Administrator shall es7 tablish a voluntary, competitive Columbia River 

8 Basin program to provide grants to State govern9 ments, tribal governments, regional water pollution 

10 control agencies and entities, local government enti11 ties, nongovernmental entities, or soil and water con12 servation districts to develop or implement projects 

13 authorized under this section for the purpose of envi14 ronmental protection and restoration activities 

15 throughout the Columbia River Basin. 

16 ‘‘(2) FEDERAL SHARE.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the Federal share of the cost 

19 of any project or activity carried out using funds 

20 from a grant provided to any person (including 

21 a State, tribal, or local government or interstate 

22 or regional agency) under this subsection for a 

23 fiscal year— 

24 ‘‘(i) shall not exceed 75 percent of the 

25 total cost of the project or activity; and 
705 

•S 612 EAH 

1 ‘‘(ii) shall be made on condition that 

2 the non-Federal share of such total cost shall 

3 be provided from non-Federal sources. 

4 ‘‘(B) EXCEPTIONS.—With respect to cost5 sharing for a grant provided under this sub6 section— 

7 ‘‘(i) a tribal government may use Fed8 eral funds for the non-Federal share; and 

9 ‘‘(ii) the Administrator may increase 

10 the Federal share under such circumstances 

11 as the Administrator determines to be ap12 propriate. 

13 ‘‘(3) ALLOCATION.—In making grants using 

14 funds appropriated to carry out this section, the Ad15 ministrator shall— 

16 ‘‘(A) provide not less than 25 percent of the 

17 funds to make grants for projects, programs, and 

18 studies in the Lower Columbia River Estuary; 

19 ‘‘(B) provide not less than 25 percent of the 

20 funds to make grants for projects, programs, and 

21 studies in the Middle and Upper Columbia River 

22 Basin, including the Snake River Basin; and 

23 ‘‘(C) retain not more than 5 percent of the 

24 funds for the Environmental Protection Agency 

25 for purposes of implementing this section. 
706 

•S 612 EAH 

1 ‘‘(4) REPORTING.— 

2 ‘‘(A) IN GENERAL.—Each grant recipient 

3 under this subsection shall submit to the Admin4 istrator reports on progress being made in 

5 achieving the purposes of this section. 

6 ‘‘(B) REQUIREMENTS.—The Administrator 

7 shall establish requirements and timelines for re8 cipients of grants under this subsection to report 

9 on progress made in achieving the purposes of 

10 this section. 

11 ‘‘(5) RELATIONSHIP TO OTHER FUNDING.— 

12 ‘‘(A) IN GENERAL.—Nothing in this sub13 section limits the eligibility of the Estuary Part14 nership to receive funding under section 320(g). 

15 ‘‘(B) LIMITATION.—None of the funds made 

16 available under this subsection may be used for 

17 the administration of a management conference 

18 under section 320. 

19 ‘‘(e) ANNUAL BUDGET PLAN.—The President, as part 

20 of the annual budget submission of the President to Con21 gress under section 1105(a) of title 31, United States Code, 

22 shall submit information regarding each Federal agency in23 volved in protection and restoration of the Columbia River 

24 Basin, including an interagency crosscut budget that dis25 plays for each Federal agency— 
707 

•S 612 EAH 

1 ‘‘(1) the amounts obligated for the preceding fis2 cal year for protection and restoration projects, pro3 grams, and studies relating to the Columbia River 

4 Basin; 

5 ‘‘(2) the estimated budget for the current fiscal 

6 year for protection and restoration projects, pro7 grams, and studies relating to the Columbia River 

8 Basin; and 

9 ‘‘(3) the proposed budget for protection and res10 toration projects, programs, and studies relating to 

11 the Columbia River Basin.’’. 

12 SEC. 5011. REGULATION OF ABOVEGROUND STORAGE AT 

13 FARMS. 

14 Section 1049(c) of the Water Resources Reform and 

15 Development Act of 2014 (33 U.S.C. 1361 note; Public Law 

16 113–121) is amended— 

17 (1) by redesignating paragraphs (1) and (2) as 

18 subparagraphs (A) and (B), respectively, and indent19 ing appropriately; 

20 (2) by striking the subsection designation and 

21 heading and all that follows through ‘‘subsection (b),’’ 

22 and inserting the following: 

23 ‘‘(c) REGULATION OF ABOVEGROUND STORAGE AT

24 FARMS.— 
708 

•S 612 EAH 

1 ‘‘(1) CALCULATION OF AGGREGATE ABOVE2 GROUND STORAGE CAPACITY.—For purposes of sub3 section (b),’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of 

6 title 40, Code of Federal Regulations (or successor reg7 ulations), shall not apply to the following containers 

8 located at a farm: 

9 ‘‘(A) Containers on a separate parcel that 

10 have— 

11 ‘‘(i) an individual capacity of not 

12 greater than 1,000 gallons; and 

13 ‘‘(ii) an aggregate capacity of not 

14 greater than 2,500 gallons. 

15 ‘‘(B) A container holding animal feed ingre16 dients approved for use in livestock feed by the 

17 Food and Drug Administration.’’. 

18 SEC. 5012. IRRIGATION DISTRICTS. 

19 Section 603(i)(1) of the Federal Water Pollution Con20 trol Act (33 U.S.C. 1383) is amended— 

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

22 striking ‘‘to a municipality or intermunicipal, inter23 state, or State agency’’ and inserting ‘‘to an eligible 

24 recipient’’; and 
709 

•S 612 EAH 

1 (2) in subparagraph (A), in the matter preceding 

2 clause (i), by inserting ‘‘in assistance to a munici3 pality or intermunicipal, interstate, or State agency’’ 

4 before ‘‘to benefit’’. 

5 SEC. 5013. ESTUARY RESTORATION. 

6 (a) PARTICIPATION OF NON-FEDERAL INTERESTS.— 

7 Section 104(f) of the Estuary Restoration Act of 2000 (33 

8 U.S.C. 2903(f)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(3) PROJECT AGREEMENTS.—For a project car11 ried out under this title, the requirements of section 

12 103(j)(1) of the Water Resources Development Act of 

13 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled by a 

14 nongovernmental organization serving as the non15 Federal interest for the project pursuant to paragraph 

16 (2).’’. 

17 (b) EXTENSION.—Section 109(a) of the Estuary Res18 toration Act of 2000 (33 U.S.C. 2908(a)) is amended by 

19 striking ‘‘2012’’ each place it appears and inserting 

20 ‘‘2021’’. 

21 SEC. 5014. ENVIRONMENTAL BANKS. 

22 The Coastal Wetlands Planning, Protection and Res23 toration Act (Public Law 101–646; 16 U.S.C. 3951 et seq.) 

24 is amended by adding at the end the following: 
710 

•S 612 EAH 

1 ‘‘SEC. 309. ENVIRONMENTAL BANKS. 

2 ‘‘(a) GUIDELINES.—Not later than 1 year after the 

3 date of enactment of the Water Resources Development Act 

4 of 2016, the Task Force shall, after public notice and oppor5 tunity for comment, issue guidelines for the use, mainte6 nance, and oversight of environmental banks in Louisiana. 

7 ‘‘(b) REQUIREMENTS.—The guidelines issued pursuant 

8 to subsection (a) shall— 

9 ‘‘(1) set forth procedures for establishment and 

10 approval of environmental banks subject to the ap11 proval of the heads of the appropriate Federal agen12 cies responsible for implementation of Federal envi13 ronmental laws for which mitigation credits may be 

14 used; 

15 ‘‘(2) establish criteria for siting of environmental 

16 banks that enhance the resilience of coastal resources 

17 to inundation and coastal erosion in high priority 

18 areas, as identified within Federal or State restora19 tion plans, including the restoration of resources 

20 within the scope of a project authorized for construc21 tion; 

22 ‘‘(3) establish criteria that ensure environmental 

23 banks secure adequate financial assurances and le24 gally enforceable protection for the land or resources 

25 that generate the credits from environmental banks; 
711 

•S 612 EAH 

1 ‘‘(4) stipulate that credits from environmental 

2 banks may not be used for mitigation of impacts re3 quired under section 404 of the Federal Water Pollu4 tion Control Act (33 U.S.C. 1342) or the Endangered 

5 Species Act (16 U.S.C. 1531 et seq.) in an area where 

6 an existing mitigation bank approved pursuant to 

7 such laws within 5 years of enactment of the Water 

8 Resources Development Act of 2016 has credits avail9 able; 

10 ‘‘(5) establish performance criteria for environ11 mental banks; and 

12 ‘‘(6) establish criteria and financial assurance 

13 for the operation and monitoring of environmental 

14 banks. 

15 ‘‘(c) ENVIRONMENTAL BANK.— 

16 ‘‘(1) DEFINITION OF ENVIRONMENTAL BANK.—In 

17 this section, the term ‘environmental bank’ means a 

18 project, project increment, or projects for purposes of 

19 restoring, creating, or enhancing natural resources at 

20 a designated site to establish mitigation credits. 

21 ‘‘(2) CREDITS.—Mitigation credits created from 

22 environmental banks approved pursuant to this sec23 tion may be used to satisfy existing liability under 

24 Federal environmental laws. 

25 ‘‘(d) SAVINGS CLAUSE.— 
712 

•S 612 EAH 

1 ‘‘(1) APPLICATION OF FEDERAL LAW.—Guide2 lines developed under this section and mitigation car3 ried out through an environmental bank established 

4 pursuant to such guidelines shall comply with all ap5 plicable requirements of Federal law (including regu6 lations), including— 

7 ‘‘(A) the Federal Water Pollution Control 

8 Act (33 U.S.C. 1251 et seq.); 

9 ‘‘(B) the Endangered Species Act (16 U.S.C. 

10 1531 et seq.); 

11 ‘‘(C) the Oil Pollution Act of 1990 (33 

12 U.S.C. 2701 et seq.); 

13 ‘‘(D) the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.); and 

15 ‘‘(E) section 906 of the Water Resources De16 velopment Act of 1986 (33 U.S.C. 2283). 

17 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

18 this section may be construed to affect— 

19 ‘‘(A) any authority, regulatory determina20 tion, or legal obligation in effect the day before 

21 the date of enactment of the Water Resources De22 velopment Act of 2016; or 

23 ‘‘(B) the obligations or requirements of any 

24 Federal environmental law. 
713 

•S 612 EAH 

1 ‘‘(e) SUNSET.—No new environmental bank may be 

2 created or approved pursuant to this section after the date 

3 that is 10 years after the date of enactment of this section.’’. 

Attest: 

Clerk. 
114TH CONGRESS 

2D SESSION S. 612 

AMENDMENT