WIIN Act
PL 114-322 (S.612), enacted 12/16/2016

130 STAT. 1628 
PUBLIC LAW 114–322—DEC. 16, 2016 
Public Law 114–322 
114th Congress 
An Act 
To provide for improvements to the rivers and harbors of the United States, to 
provide for the conservation and development of water and related resources, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Infra-
structure Improvements for the Nation Act’’ or the ‘‘WIIN Act’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I—WATER RESOURCES DEVELOPMENT 
Sec. 1001. Short title. 
Sec. 1002. Secretary defined. 
Subtitle A—General Provisions 
Sec. 1101. Youth service and conservation corps organizations. 
Sec. 1102. Navigation safety. 
Sec. 1103. Emerging harbors. 
Sec. 1104. Federal breakwaters and jetties. 
Sec. 1105. Remote and subsistence harbors. 
Sec. 1106. Alternative projects to maintenance dredging. 
Sec. 1107. Great Lakes Navigation System. 
Sec. 1108. Funding for harbor maintenance programs. 
Sec. 1109. Maintenance of harbors of refuge. 
Sec. 1110. Donor ports and energy transfer ports. 
Sec. 1111. Harbor deepening. 
Sec. 1112. Implementation guidance. 
Sec. 1113. Non-Federal interest dredging authority. 
Sec. 1114. Transportation cost savings. 
Sec. 1115. Reservoir sediment. 
Sec. 1116. Water supply conservation. 
Sec. 1117. Drought emergencies. 
Sec. 1118. Leveraging Federal infrastructure for increased water supply. 
Sec. 1119. Indian tribes. 
Sec. 1120. Tribal consultation reports. 
Sec. 1121. Tribal partnership program. 
Sec. 1122. Beneficial use of dredged material. 
Sec. 1123. Great Lakes fishery and ecosystem restoration. 
Sec. 1124. Corps of Engineers operation of unmanned aircraft systems. 
Sec. 1125. Funding to process permits. 
Sec. 1126. Study of water resources development projects by non-Federal interests. 
Sec. 1127. Non-Federal construction of authorized flood damage reduction projects. 
Sec. 1128. Multistate activities. 
Sec. 1129. Planning assistance to States. 
Sec. 1130. Regional participation assurance for levee safety activities. 
Sec. 1131. Participation of non-Federal interests. 
Sec. 1132. Post-authorization change reports. 
Sec. 1133. Maintenance dredging data. 
Sec. 1134. Electronic submission and tracking of permit applications. 
Water 
Infrastructure 
Improvements 
for the Nation 
Act. 
33 USC 2201 
note. 
Dec. 16, 2016 
[S. 612] 
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130 STAT. 1629 
PUBLIC LAW 114–322—DEC. 16, 2016 
Sec. 1135. Data transparency. 
Sec. 1136. Quality control. 
Sec. 1137. Report on purchase of foreign manufactured articles. 
Sec. 1138. International outreach program. 
Sec. 1139. Dam safety repair projects. 
Sec. 1140. Federal cost limitation for certain projects. 
Sec. 1141. Lake Kemp, Texas. 
Sec. 1142. Corrosion prevention. 
Sec. 1143. Sediment sources. 
Sec. 1144. Prioritization of certain projects. 
Sec. 1145. Gulf Coast oyster bed recovery assessment. 
Sec. 1146. Initiating work on separable elements. 
Sec. 1147. Lower Bois d’Arc Creek Reservoir Project, Fannin County, Texas. 
Sec. 1148. Recreational access at Corps of Engineers reservoirs. 
Sec. 1149. No wake zones in navigation channels. 
Sec. 1150. Ice jam prevention and mitigation. 
Sec. 1151. Structural health monitoring. 
Sec. 1152. Kennewick Man. 
Sec. 1153. Authority to accept and use materials and services. 
Sec. 1154. Munitions disposal. 
Sec. 1155. Management of recreation facilities. 
Sec. 1156. Structures and facilities constructed by Secretary. 
Sec. 1157. Project completion. 
Sec. 1158. New England District headquarters. 
Sec. 1159. Buffalo District headquarters. 
Sec. 1160. Future facility investment. 
Sec. 1161. Completion of ecosystem restoration projects. 
Sec. 1162. Fish and wildlife mitigation. 
Sec. 1163. Wetlands mitigation. 
Sec. 1164. Debris removal. 
Sec. 1165. Disposition studies. 
Sec. 1166. Transfer of excess credit. 
Sec. 1167. Hurricane and storm damage reduction. 
Sec. 1168. Fish hatcheries. 
Sec. 1169. Shore damage prevention or mitigation. 
Sec. 1170. Enhancing lake recreation opportunities. 
Sec. 1171. Credit in lieu of reimbursement. 
Sec. 1172. Easements for electric, telephone, or broadband service facilities. 
Sec. 1173. Study on performance of innovative materials. 
Sec. 1174. Conversion of surplus water agreements. 
Sec. 1175. Projects funded by the Inland Waterways Trust Fund. 
Sec. 1176. Rehabilitation assistance. 
Sec. 1177. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 1178. Columbia River. 
Sec. 1179. Missouri River. 
Sec. 1180. Chesapeake Bay oyster restoration. 
Sec. 1181. Salton Sea, California. 
Sec. 1182. Adjustment. 
Sec. 1183. Coastal engineering. 
Sec. 1184. Consideration of measures. 
Sec. 1185. Table Rock Lake, Arkansas and Missouri. 
Sec. 1186. Rural western water. 
Sec. 1187. Interstate compacts. 
Sec. 1188. Sense of Congress. 
Sec. 1189. Dredged material disposal. 
Subtitle B—Studies 
Sec. 1201. Authorization of proposed feasibility studies. 
Sec. 1202. Additional studies. 
Sec. 1203. North Atlantic Coastal Region. 
Sec. 1204. South Atlantic coastal study. 
Sec. 1205. Texas coastal area. 
Sec. 1206. Upper Mississippi and Illinois Rivers. 
Sec. 1207. Kanawha River Basin. 
Subtitle C—Deauthorizations, Modifications, and Related Provisions 
Sec. 1301. Deauthorization of inactive projects. 
Sec. 1302. Backlog prevention. 
Sec. 1303. Valdez, Alaska. 
Sec. 1304. Los Angeles County Drainage Area, Los Angeles County, California. 
Sec. 1305. Sutter Basin, California. 
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130 STAT. 1630 
PUBLIC LAW 114–322—DEC. 16, 2016 
Sec. 1306. Essex River, Massachusetts. 
Sec. 1307. Port of Cascade Locks, Oregon. 
Sec. 1308. Central Delaware River, Philadelphia, Pennsylvania. 
Sec. 1309. Huntingdon County, Pennsylvania. 
Sec. 1310. Rivercenter, Philadelphia, Pennsylvania. 
Sec. 1311. Salt Creek, Graham, Texas. 
Sec. 1312. Texas City Ship Channel, Texas City, Texas. 
Sec. 1313. Stonington Harbour, Connecticut. 
Sec. 1314. Red River below Denison Dam, Texas, Oklahoma, Arkansas, and Lou-
isiana. 
Sec. 1315. Green River and Barren River, Kentucky. 
Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri. 
Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation. 
Sec. 1318. Cameron County, Texas. 
Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina. 
Sec. 1320. Hamilton City, California. 
Sec. 1321. Conveyances. 
Sec. 1322. Expedited consideration. 
Subtitle D—Water Resources Infrastructure 
Sec. 1401. Project authorizations. 
Sec. 1402. Special rules. 
TITLE II—WATER AND WASTE ACT OF 2016 
Sec. 2001. Short title. 
Sec. 2002. Definition of Administrator. 
Subtitle A—Safe Drinking Water 
Sec. 2101. Sense of Congress on appropriations levels. 
Sec. 2102. Preconstruction work. 
Sec. 2103. Administration of State loan funds. 
Sec. 2104. Assistance for small and disadvantaged communities. 
Sec. 2105. Reducing lead in drinking water. 
Sec. 2106. Notice to persons served. 
Sec. 2107. Lead testing in school and child care program drinking water. 
Sec. 2108. Water supply cost savings. 
Sec. 2109. Innovation in the provision of safe drinking water. 
Sec. 2110. Small system technical assistance. 
Sec. 2111. Definition of Indian Tribe. 
Sec. 2112. Technical assistance for tribal water systems. 
Sec. 2113. Materials requirement for certain Federally funded projects. 
Subtitle B—Drinking Water Disaster Relief and Infrastructure Investments 
Sec. 2201. Drinking water infrastructure. 
Sec. 2202. Sense of Congress. 
Sec. 2203. Registry for lead exposure and advisory committee. 
Sec. 2204. Other lead programs. 
Subtitle C—Control of Coal Combustion Residuals 
Sec. 2301. Approval of State programs for control of coal combustion residuals. 
TITLE III—NATURAL RESOURCES 
Subtitle A—Indian Dam Safety 
Sec. 3101. Indian dam safety. 
Subtitle B—Irrigation Rehabilitation and Renovation for Indian Tribal Governments 
and Their Economies 
Sec. 3201. Definitions. 
PART I—INDIAN IRRIGATION FUND 
Sec. 3211. Establishment. 
Sec. 3212. Deposits to fund. 
Sec. 3213. Expenditures from fund. 
Sec. 3214. Investments of amounts. 
Sec. 3215. Transfers of amounts. 
Sec. 3216. Termination. 
PART II—REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN IRRIGATION 
PROJECTS 
Sec. 3221. Repair, replacement, and maintenance of certain indian irrigation 
projects. 
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130 STAT. 1631 
PUBLIC LAW 114–322—DEC. 16, 2016 
Sec. 3222. Eligible projects. 
Sec. 3223. Requirements and conditions. 
Sec. 3224. Study of Indian irrigation program and project management. 
Sec. 3225. Tribal consultation and user input. 
Sec. 3226. Allocation among projects. 
Subtitle C—Weber Basin Prepayments 
Sec. 3301. Prepayment of certain repayment obligations under contracts between 
the United States and the Weber Basin Water Conservancy District. 
Subtitle D—Pechanga Water Rights Settlement 
Sec. 3401. Short title. 
Sec. 3402. Purposes. 
Sec. 3403. Definitions. 
Sec. 3404. Approval of the Pechanga Settlement Agreement. 
Sec. 3405. Tribal Water Right. 
Sec. 3406. Satisfaction of claims. 
Sec. 3407. Waiver of claims. 
Sec. 3408. Water facilities. 
Sec. 3409. Pechanga Settlement Fund. 
Sec. 3410. Miscellaneous provisions. 
Sec. 3411. Authorization of appropriations. 
Sec. 3412. Expiration on failure of enforceability date. 
Sec. 3413. Antideficiency. 
Subtitle E—Delaware River Basin Conservation 
Sec. 3501. Findings. 
Sec. 3502. Definitions. 
Sec. 3503. Program establishment. 
Sec. 3504. Grants and assistance. 
Sec. 3505. Annual letter. 
Sec. 3506. Prohibition on use of funds for Federal acquisition of interests in land. 
Sec. 3507. Sunset. 
Subtitle F—Miscellaneous Provisions 
Sec. 3601. Bureau of Reclamation Dakotas Area Office permit fees for cabins and 
trailers. 
Sec. 3602. Use of trailer homes at Heart Butte Dam and Reservoir (Lake Tschida). 
Sec. 3603. Lake Tahoe Restoration. 
Sec. 3604. Tuolumne Band of Me-Wuk Indians. 
Sec. 3605. San Luis Rey settlement agreement implementation. 
Sec. 3606. Tule River Indian Tribe. 
Sec. 3607. Morongo Band of Mission Indians. 
Sec. 3608. Choctaw Nation of Oklahoma and the Chickasaw Nation Water Settle-
ment. 
Subtitle G—Blackfeet Water Rights Settlement 
Sec. 3701. Short title. 
Sec. 3702. Purposes. 
Sec. 3703. Definitions. 
Sec. 3704. Ratification of compact. 
Sec. 3705. Milk river water right. 
Sec. 3706. Water delivery through milk river project. 
Sec. 3707. Bureau of reclamation activities to improve water management. 
Sec. 3708. St. Mary canal hydroelectric power generation. 
Sec. 3709. Storage allocation from Lake Elwell. 
Sec. 3710. Irrigation activities. 
Sec. 3711. Design and construction of MR&I System. 
Sec. 3712. Design and construction of water storage and irrigation facilities. 
Sec. 3713. Blackfeet water, storage, and development projects. 
Sec. 3714. Easements and rights-of-way. 
Sec. 3715. Tribal water rights. 
Sec. 3716. Blackfeet settlement trust fund. 
Sec. 3717. Blackfeet water settlement implementation fund. 
Sec. 3718. Authorization of appropriations. 
Sec. 3719. Water rights in Lewis and Clark National Forest and Glacier National 
Park. 
Sec. 3720. Waivers and releases of claims. 
Sec. 3721. Satisfaction of claims. 
Sec. 3722. Miscellaneous provisions. 
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130 STAT. 1632 
PUBLIC LAW 114–322—DEC. 16, 2016 
Sec. 3723. Expiration on failure to meet enforceability date. 
Sec. 3724. Antideficiency. 
Subtitle H—Water Desalination 
Sec. 3801. Reauthorization of Water Desalination Act of 1996. 
Subtitle I—Amendments to the Great Lakes Fish and Wildlife Restoration Act of 
1990 
Sec. 3901. Amendments to the Great Lakes Fish and Wildlife Restoration Act of 
1990. 
Subtitle J—California Water 
Sec. 4001. Operations and reviews. 
Sec. 4002. Scientifically supported implementation of OMR flow requirements. 
Sec. 4003. Temporary operational flexibility for storm events. 
Sec. 4004. Consultation on coordinated operations. 
Sec. 4005. Protections. 
Sec. 4006. New Melones Reservoir. 
Sec. 4007. Storage. 
Sec. 4008. Losses caused by the construction and operation of storage projects. 
Sec. 4009. Other water supply projects. 
Sec. 4010. Actions to benefit threatened and endangered species and other wildlife. 
Sec. 4011. Offsets and water storage account. 
Sec. 4012. Savings language. 
Sec. 4013. Duration. 
Sec. 4014. Definitions. 
TITLE IV—OTHER MATTERS 
Sec. 5001. Congressional notification requirements. 
Sec. 5002. Reauthorization of Denali Commission. 
Sec. 5003. Recreational access for floating cabins at TVA reservoirs. 
Sec. 5004. Gold King Mine spill recovery. 
Sec. 5005. Great Lakes Restoration Initiative. 
Sec. 5006. Rehabilitation of high hazard potential dams. 
Sec. 5007. Chesapeake Bay grass survey. 
Sec. 5008. Water infrastructure finance and innovation. 
Sec. 5009. Report on groundwater contamination. 
Sec. 5010. Columbia River Basin restoration. 
Sec. 5011. Regulation of aboveground storage at farms. 
Sec. 5012. Irrigation districts. 
Sec. 5013. Estuary restoration. 
Sec. 5014. Environmental banks. 
TITLE I—WATER RESOURCES 
DEVELOPMENT 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Water Resources Development 
Act of 2016’’. 
SEC. 1002. SECRETARY DEFINED. 
In this title, the term ‘‘Secretary’’ means the Secretary of the 
Army. 
Subtitle A—General Provisions 
SEC. 1101. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZA-
TIONS. 
Section 213 of the Water Resources Development Act of 2000 
(33 U.S.C. 2339) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following: 
33 USC 2201 
note. 
33 USC 2201 
note. 
Water Resources 
Development Act 
of 2016. 
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130 STAT. 1633 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(c) YOUTH SERVICE
AND CONSERVATION CORPS ORGANIZA-
TIONS.—The Secretary, to the maximum extent practicable, shall 
enter into cooperative agreements with qualified youth service and 
conservation corps organizations for services relating to projects 
under the jurisdiction of the Secretary and shall do so in a manner 
that ensures the maximum participation and opportunities for such 
organizations.’’. 
SEC. 1102. NAVIGATION SAFETY. 
The Secretary shall use section 5 of the Act of March 4, 1915 
(38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation 
safety activities at those projects eligible for operation and mainte-
nance under section 204(f) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2232(f)). 
SEC. 1103. EMERGING HARBORS. 
Section 210 of the Water Resources Development Act of 1986 
(33 U.S.C. 2238) is amended— 
(1) in subsection (c)(3) by striking ‘‘for each of fiscal years 
2015 through 2022’’ and inserting ‘‘for each fiscal year’’; and 
(2) by striking subsection (d)(1)(A) and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—For each fiscal year, if priority funds 
are available, the Secretary shall use at least 10 percent 
of such funds for emerging harbor projects.’’. 
SEC. 1104. FEDERAL BREAKWATERS AND JETTIES. 
(a) IN GENERAL.—The Secretary, at Federal expense, shall 
establish an inventory and conduct an assessment of the general 
structural condition of all Federal breakwaters and jetties protecting 
harbors and inland harbors within the United States. 
(b) CONTENTS.—The inventory and assessment carried out 
under subsection (a) shall include— 
(1) compiling location information for all Federal break-
waters and jetties protecting harbors and inland harbors within 
the United States; 
(2) determining the general structural condition of each 
breakwater and jetty; 
(3) analyzing the potential risks to navigational safety, 
and the impact on the periodic maintenance dredging needs 
of protected harbors and inland harbors, resulting from the 
general structural condition of each breakwater and jetty; and 
(4) estimating the costs, for each breakwater and jetty, 
to restore or maintain the breakwater or jetty to authorized 
levels and the total of all such costs. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall submit to Congress 
a report on the results of the inventory and assessment carried 
out under subsection (a). 
SEC. 1105. REMOTE AND SUBSISTENCE HARBORS. 
Section 2006 of the Water Resources Development Act of 2007 
(33 U.S.C. 2242) is amended— 
(1) in subsection (a)(3) by inserting ‘‘in which the project 
is located, or the long-term viability of a community that is 
located in the region that is served by the project and that 
will rely on the project,’’ after ‘‘community’’; and 
(2) in subsection (b)— 
33 USC 2232 
note. 
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130 STAT. 1634 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) in paragraph (1) by inserting ‘‘and communities 
that are located in the region to be served by the project 
and that will rely on the project’’ after ‘‘community’’; 
(B) in paragraph (4) by striking ‘‘local population’’ and 
inserting ‘‘regional population to be served by the project’’; 
and 
(C) in paragraph (5) by striking ‘‘community’’ and 
inserting ‘‘local community and communities that are 
located in the region to be served by the project and that 
will rely on the project’’. 
SEC. 1106. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING. 
The Secretary may enter into agreements to assume the oper-
ation and maintenance costs of an alternative project to mainte-
nance dredging for a Federal navigation channel if the costs of 
the operation and maintenance of the alternative project, and any 
remaining costs necessary for maintaining the Federal navigation 
channel, are less than the costs of maintaining such channel without 
the alternative project. 
SEC. 1107. GREAT LAKES NAVIGATION SYSTEM. 
Section 210(d)(1)(B) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238(d)(1)(B)) is amended in the matter preceding 
clause (i) by striking ‘‘For each of fiscal years 2015 through 2024’’ 
and inserting ‘‘For each fiscal year’’. 
SEC. 1108. FUNDING FOR HARBOR MAINTENANCE PROGRAMS. 
Section 2101 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2238b) is amended— 
(1) in subsection (b)(1), in the matter preceding subpara-
graph (A), by striking ‘‘The target total’’ and inserting ‘‘Except 
as provided in subsection (c), the target total’’; 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (b) the following: 
‘‘(c) EXCEPTION.—If the target total budget resources for a fiscal 
year described in subparagraphs (A) through (J) of subsection (b)(1) 
is lower than the target total budget resources for the previous 
fiscal year, the target total budget resources shall be adjusted 
to be equal to the lesser of— 
‘‘(1) 103 percent of the total budget resources appropriated 
for the previous fiscal year; or 
‘‘(2) 100 percent of the total amount of harbor maintenance 
taxes received in the previous fiscal year.’’. 
SEC. 1109. MAINTENANCE OF HARBORS OF REFUGE. 
The Secretary is authorized to maintain federally authorized 
harbors of refuge to restore and maintain the authorized dimensions 
of the harbors. 
SEC. 1110. DONOR PORTS AND ENERGY TRANSFER PORTS. 
Section 2106 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2238c) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (2) through (6) as 
paragraphs (3) through (7), respectively; 
(B) by inserting after paragraph (1) the following: 
33 USC 2238d. 
33 USC 2326d. 
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130 STAT. 1635 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(2) DISCRETIONARY CARGO.—The term ‘discretionary cargo’ 
means maritime cargo for which the United States port of 
unlading is different than the United States port of entry.’’; 
(C) in paragraph (3) (as redesignated)— 
(i) by redesignating subparagraphs (A) through (D) 
as clauses (i) through (iv), respectively, and indenting 
appropriately; 
(ii) in the matter preceding clause (i) (as redesig-
nated) by striking ‘‘The term’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—The term’’; and 
(iii) by adding at the end the following: 
‘‘(B) CALCULATION.—For the purpose of calculating the 
percentage described in subparagraph (A)(iii), payments 
described under subsection (c)(1) shall not be included.’’; 
(D) in paragraph (5)(A) (as redesignated), by striking 
‘‘Code of Federal Regulation’’ and inserting ‘‘Code of Federal 
Regulations’’; and 
(E) by adding at the end the following: 
‘‘(8) MEDIUM-SIZED DONOR PORT.—The term ‘medium-sized 
donor port’ means a port— 
‘‘(A) that is subject to the harbor maintenance fee 
under section 24.24 of title 19, Code of Federal Regulations 
(or a successor regulation); 
‘‘(B) at which the total amount of harbor maintenance 
taxes collected comprise annually more than $5,000,000 
but less than $15,000,000 of the total funding of the Harbor 
Maintenance Trust Fund established under section 9505 
of the Internal Revenue Code of 1986; 
‘‘(C) that received less than 25 percent of the total 
amount of harbor maintenance taxes collected at that port 
in the previous 5 fiscal years; and 
‘‘(D) that is located in a State in which more than 
2,000,000 cargo containers were unloaded from or loaded 
onto vessels in fiscal year 2012.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘donor ports’’ and 
inserting ‘‘donor ports, medium-sized donor ports,’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘and’’ at the 
end; and 
(ii) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) shall be made available to a port as either a 
donor port, medium-sized donor port, or an energy transfer 
port, and no port may receive amounts from more than 
1 designation; and 
‘‘(C) for donor ports and medium-sized donor ports— 
‘‘(i) 50 percent of the funds shall be equally divided 
between the eligible donor ports as authorized by this 
section; and 
‘‘(ii) 50 percent of the funds shall be divided 
between the eligible donor ports and eligible medium- 
sized donor ports based on the percentage of the total 
harbor maintenance tax revenues generated at each 
eligible donor port and medium-sized donor port.’’; 
(3) in subsection (c)— 
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130 STAT. 1636 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) in the matter preceding paragraph (1), by striking 
‘‘donor port’’ and inserting ‘‘donor port, a medium-sized 
donor port,’’; and 
(B) in paragraph (1)— 
(i) by striking ‘‘or shippers transporting cargo’’; 
(ii) by striking ‘‘U.S. Customs and Border Protec-
tion’’ and inserting ‘‘the Secretary’’; and 
(iii) by striking ‘‘amount of harbor maintenance 
taxes collected’’ and inserting ‘‘value of discretionary 
cargo’’; 
(4) by striking subsection (d) and inserting the following: 
‘‘(d) ADMINISTRATION OF PAYMENTS.— 
‘‘(1) IN GENERAL.—If a donor port, a medium-sized donor 
port, or an energy transfer port elects to provide payments 
to importers under subsection (c), the Secretary shall transfer 
to the Commissioner of U.S. Customs and Border Protection 
an amount equal to those payments that would otherwise be 
provided to the port under this section to provide the payments 
to the importers of the discretionary cargo that is— 
‘‘(A) shipped through the port; and 
‘‘(B) most at risk of diversion to seaports outside of 
the United States. 
‘‘(2) REQUIREMENT.—The Secretary, in consultation with 
a port electing to provide payments under subsection (c), shall 
determine the top importers at the port, as ranked by the 
value of discretionary cargo, and payments shall be limited 
to those top importers.’’; 
(5) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘2018’’ and inserting 
‘‘2020’’; 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) DIVISION BETWEEN DONOR PORTS, MEDIUM-SIZED DONOR 
PORTS, AND ENERGY TRANSFER PORTS.—For each fiscal year, 
amounts made available to carry out this section shall be 
provided in equal amounts to— 
‘‘(A) donor ports and medium-sized donor ports; and 
‘‘(B) energy transfer ports.’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘2015 through 2018’’ and inserting 
‘‘2016 through 2020’’; and 
(ii) by striking ‘‘2019 through 2022’’ and inserting 
‘‘2021 through 2025’’; and 
(6) by adding at the end the following: 
‘‘(g) SAVINGS CLAUSE.—Nothing in this section waives any 
statutory requirement related to the transportation of merchandise 
as authorized under chapter 551 of title 46, United States Code.’’. 
SEC. 1111. HARBOR DEEPENING. 
Section 101(a)(1) of the Water Resources Development Act of 
1986 (33 U.S.C. 2211(a)(1)) is amended— 
(1) in the matter preceding subparagraph (A) by striking 
‘‘the date of enactment of this Act’’ and inserting ‘‘the date 
of enactment of the Water Resources Reform and Development 
Act of 2014 (Public Law 113–121)’’; 
(2) in subparagraph (B) by striking ‘‘45 feet’’ and inserting 
‘‘50 feet’’; and 
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130 STAT. 1637 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) in subparagraph (C) by striking ‘‘45 feet’’ and inserting 
‘‘50 feet’’. 
SEC. 1112. IMPLEMENTATION GUIDANCE. 
Section 2102 of the Water Resources Reform and Development 
Act of 2014 (Public Law 113–121; 128 Stat. 1273) is amended 
by adding at the end the following: 
‘‘(d) GUIDANCE.—Not later than 90 days after the date of enact-
ment of the Water Resources Development Act of 2016, the Sec-
retary shall publish on the website of the Corps of Engineers 
guidance on the implementation of this section and the amendments 
made by this section.’’. 
SEC. 1113. NON-FEDERAL INTEREST DREDGING AUTHORITY. 
(a) IN GENERAL.—The Secretary may permit a non-Federal 
interest to carry out, for an authorized navigation project (or a 
separable element of an authorized navigation project), such mainte-
nance activities as are necessary to ensure that the project is 
maintained to not less than the minimum project dimensions. 
(b) COST LIMITATIONS.—Except as provided in this section and 
subject to the availability of appropriations, the costs incurred 
by a non-Federal interest in performing the maintenance activities 
described in subsection (a) shall be eligible for reimbursement, 
not to exceed an amount that is equal to the estimated Federal 
cost for the performance of the maintenance activities, with any 
reimbursement subject to the non-Federal interest complying with 
all Federal laws and regulations that would apply to such mainte-
nance activities if carried out by the Secretary. 
(c) AGREEMENT.—Before initiating maintenance activities under 
this section, a non-Federal interest shall enter into an agreement 
with the Secretary that specifies, for the performance of the mainte-
nance activities, the terms and conditions that are acceptable to 
the non-Federal interest and the Secretary. 
(d) PROVISION OF EQUIPMENT.—In carrying out maintenance 
activities under this section, a non-Federal interest shall— 
(1) provide equipment at no cost to the Federal Govern-
ment; and 
(2) hold and save the United States free from any and 
all damage that arises from the use of the equipment of the 
non-Federal interest, except for damage due to the fault or 
negligence of a contractor of the Federal Government. 
(e) REIMBURSEMENT ELIGIBILITY LIMITATIONS.—Costs that are 
eligible for reimbursement under this section are the costs of 
maintenance activities directly related to the costs associated with 
operation and maintenance of a dredge based on the lesser of— 
(1) the costs associated with operation and maintenance 
of the dredge during the period of time that the dredge is 
being used in the performance of work for the Federal Govern-
ment during a given fiscal year; or 
(2) the actual fiscal year Federal appropriations that are 
made available for the portion of the maintenance activities 
for which the dredge was used. 
(f) AUDIT.—Not earlier than 5 years after the date of enactment 
of this Act, the Secretary may conduct an audit on any maintenance 
activities for an authorized navigation project (or a separable ele-
ment of an authorized navigation project) carried out under this 
section to determine if permitting a non-Federal interest to carry 
out maintenance activities under this section has resulted in— 
33 USC 2326e. 
33 USC 2238 
note. 
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130 STAT. 1638 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) improved reliability and safety for navigation; and 
(2) cost savings to the Federal Government. 
(g) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary under this section terminates on the date that is 10 years 
after the date of enactment of this Act. 
SEC. 1114. TRANSPORTATION COST SAVINGS. 
Section 210(e)(3) of the Water Resources Development Act of 
1986 (33 U.S.C. 2238(e)(3)) is amended— 
(1) by redesignating subparagraph (B) as subparagraph 
(C); and 
(2) by inserting after subparagraph (A) the following: 
‘‘(B) ADDITIONAL
REQUIREMENT.—In the first report 
submitted under subparagraph (A) following the date of 
enactment of the Water Resources Development Act of 
2016, the Secretary shall identify, to the maximum extent 
practicable, 
transportation 
cost 
savings 
realized 
by 
achieving and maintaining the constructed width and depth 
for the harbors and inland harbors referred to in subsection 
(a)(2), on a project-by-project basis.’’. 
SEC. 1115. RESERVOIR SEDIMENT. 
(a) IN GENERAL.—Section 215 of the Water Resources Develop-
ment Act of 2000 (33 U.S.C. 2326c) is amended to read as follows: 
‘‘SEC. 215. RESERVOIR SEDIMENT. 
‘‘(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of the Water Resources Development Act of 2016 and 
after providing public notice, the Secretary shall establish, using 
available funds, a pilot program to accept services provided by 
a non-Federal interest or commercial entity for removal of sediment 
captured behind a dam owned or operated by the United States 
and under the jurisdiction of the Secretary for the purpose of 
restoring the authorized storage capacity of the project concerned. 
‘‘(b) REQUIREMENTS.—In carrying out this section, the Secretary 
shall— 
‘‘(1) review the services of the non-Federal interest or 
commercial entity to ensure that the services are consistent 
with the authorized purposes of the project concerned; 
‘‘(2) ensure that the non-Federal interest or commercial 
entity will indemnify the United States for, or has entered 
into an agreement approved by the Secretary to address, any 
adverse impact to the dam as a result of such services; 
‘‘(3) require the non-Federal interest or commercial entity, 
prior to initiating the services and upon completion of the 
services, to conduct sediment surveys to determine the pre- 
and post-services sediment profile and sediment quality; and 
‘‘(4) limit the number of dams for which services are 
accepted to 10. 
‘‘(c) LIMITATION.— 
‘‘(1) IN GENERAL.—The Secretary may not accept services 
under subsection (a) if the Secretary, after consultation with 
the Chief of Engineers, determines that accepting the services 
is not advantageous to the United States. 
‘‘(2) REPORT TO CONGRESS.—If the Secretary makes a deter-
mination under paragraph (1), the Secretary shall provide to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment 
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130 STAT. 1639 
PUBLIC LAW 114–322—DEC. 16, 2016 
and Public Works of the Senate written notice describing the 
reasoning for the determination. 
‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In exchange for pro-
viding services under subsection (a), a non-Federal interest or 
commercial entity is authorized to retain, use, recycle, sell, or 
otherwise dispose of any sediment removed in connection with 
the services and the Corps of Engineers may not seek any compensa-
tion for the value of the sediment. 
‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to accepting services 
provided by a non-Federal interest or commercial entity under 
this section, the Secretary shall provide to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
written notice of the acceptance of the services. 
‘‘(f) REPORT TO CONGRESS.—Upon completion of services at the 
10 dams allowed under subsection (b)(4), the Secretary shall make 
publicly available and submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a report 
documenting the results of the services.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Water Resources Development Act of 2000 is amended 
by striking the item relating to section 215 and inserting the 
following: 
‘‘Sec. 215. Reservoir sediment.’’. 
SEC. 1116. WATER SUPPLY CONSERVATION. 
(a) IN GENERAL.—In a State in which a drought emergency 
has been declared or was in effect during the 1-year period ending 
on the date of enactment of this Act, the Secretary is authorized— 
(1) to conduct an evaluation for purposes of approving 
water supply conservation measures that are consistent with 
the authorized purposes of water resources development 
projects under the jurisdiction of the Secretary; and 
(2) to enter into written agreements pursuant to section 
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) 
with non-Federal interests to carry out the conservation meas-
ures approved by such evaluations. 
(b) ELIGIBILITY.—Water supply conservation measures evalu-
ated under subsection (a) may include the following: 
(1) Stormwater capture. 
(2) Releases for ground water replenishment or aquifer 
storage and recovery. 
(3) Releases to augment water supply at another Federal 
or non-Federal storage facility. 
(4) Other conservation measures that enhance usage of 
a Corps of Engineers project for water supply. 
(c) COSTS.—A non-Federal interest shall pay only the separable 
costs associated with the evaluation, implementation, operation, 
and maintenance of an approved water supply conservation 
measure, which payments may be accepted and expended by the 
Corps of Engineers to cover such costs. 
(d) STATUTORY CONSTRUCTION.—Nothing in this section may 
be construed to modify or alter the obligations of a non-Federal 
interest under existing or future agreements for— 
(1) water supply storage pursuant to section 301 of the 
Water Supply Act of 1958 (43 U.S.C. 390b); or 
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130 STAT. 1640 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) surplus water use pursuant to section 6 of the Act 
of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 
708). 
(e) LIMITATIONS.—Nothing in this section— 
(1) affects, modifies, or changes the authorized purposes 
of a Corps of Engineers project; 
(2) affects existing Corps of Engineers authorities, including 
its authorities with respect to navigation, flood damage reduc-
tion, and environmental protection and restoration; 
(3) affects the Corps of Engineers ability to provide for 
temporary deviations; 
(4) affects the application of a cost-share requirement under 
section 101, 102, or 103 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2211, 2212, and 2213); 
(5) supersedes or modifies any written agreement between 
the Federal Government and a non-Federal interest that is 
in effect on the date of enactment of this Act; 
(6) supersedes or modifies any amendment to an existing 
multistate water control plan, including those water control 
plans along the Missouri River and those water control plans 
in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa- 
Tallapoosa basins; 
(7) affects any water right in existence on the date of 
enactment of this Act; or 
(8) preempts or affects any State water law or interstate 
compact governing water. 
SEC. 1117. DROUGHT EMERGENCIES. 
(a) AUTHORIZED ACTIVITIES.—With respect to a State in which 
a drought emergency is in effect on the date of enactment of 
this Act, or was in effect at any time during the 1-year period 
ending on such date of enactment, and upon the request of the 
Governor of the State, the Secretary is authorized to— 
(1) prioritize the updating of the water control manuals 
for control structures under the jurisdiction of the Secretary 
that are located in the State; and 
(2) incorporate into the update seasonal operations for 
water conservation and water supply for such control struc-
tures. 
(b) COORDINATION.—The Secretary shall carry out the update 
under subsection (a) in coordination with all appropriate Federal 
agencies, elected officials, and members of the public. 
(c) STATUTORY CONSTRUCTION.—Nothing in this section affects, 
modifies, or changes the authorized purposes of a Corps of Engi-
neers project, or affects the applicability of section 301 of the 
Water Supply Act of 1958 (43 U.S.C. 390b). 
SEC. 1118. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED 
WATER SUPPLY. 
(a) IN GENERAL.—At the request of a non-Federal interest, 
the Secretary may review proposals to increase the quantity of 
available supplies of water at a Federal water resources develop-
ment project through— 
(1) modification of the project; 
(2) modification of how the project is managed; or 
(3) accessing water released from the project. 
(b) PROPOSALS INCLUDED.—A proposal under subsection (a) may 
include— 
43 USC 390b–2. 
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130 STAT. 1641 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) increasing the storage capacity of the project; 
(2) diversion of water released or withdrawn from the 
project— 
(A) to recharge groundwater; 
(B) to aquifer storage and recovery; or 
(C) to any other storage facility; 
(3) construction of facilities for delivery of water from 
pumping stations constructed by the Secretary; 
(4) construction of facilities to access water; and 
(5) a combination of the activities described in paragraphs 
(1) through (4). 
(c) EXCLUSIONS.—This section shall not apply to a proposal 
that— 
(1) reallocates existing water supply or hydropower storage; 
or 
(2) reduces water available for any authorized project pur-
pose. 
(d) OTHER FEDERAL PROJECTS.—In any case in which a proposal 
relates to a Federal project that is not operated by the Secretary, 
this section shall apply only to activities under the authority of 
the Secretary. 
(e) REVIEW PROCESS.— 
(1) NOTICE.—On receipt of a proposal submitted under 
subsection (a), the Secretary shall provide a copy of the proposal 
to each entity described in paragraph (2) and, if applicable, 
the Federal agency that operates the project, in the case of 
a project operated by an agency other than the Department 
of the Army. 
(2) PUBLIC
PARTICIPATION.—In reviewing proposals sub-
mitted under subsection (a), and prior to making any decisions 
regarding a proposal, the Secretary shall comply with all 
applicable 
public 
participation 
requirements 
under 
law, 
including consultation with— 
(A) affected States; 
(B) power marketing administrations, in the case of 
reservoirs with Federal hydropower projects; 
(C) entities responsible for operation and maintenance 
costs; 
(D) any entity that has a contractual right from the 
Federal Government or a State to withdraw water from, 
or use storage at, the project; 
(E) entities that the State determines hold rights under 
State law to the use of water from the project; and 
(F) units of local government with flood risk reduction 
responsibilities downstream of the project. 
(f) AUTHORITIES.—A proposal submitted to the Secretary under 
subsection (a) may be reviewed and approved, if applicable and 
appropriate, under— 
(1) the specific authorization for the water resources 
development project; 
(2) section 216 of the Flood Control Act of 1970 (33 U.S.C. 
549a); 
(3) section 301 of the Water Supply Act of 1958 (43 U.S.C. 
390b); and 
(4) section 14 of the Act of March 3, 1899 (30 Stat. 1152, 
chapter 425; 33 U.S.C. 408). 
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130 STAT. 1642 
PUBLIC LAW 114–322—DEC. 16, 2016 
(g) LIMITATIONS.—The Secretary shall not approve a proposal 
submitted under subsection (a) that— 
(1) is not supported by the Federal agency that operates 
the project, if that agency is not the Department of the Army; 
(2) interferes with an authorized purpose of the project; 
(3) adversely impacts contractual rights to water or storage 
at the reservoir; 
(4) adversely impacts legal rights to water under State 
law, as determined by an affected State; 
(5) increases costs for any entity other than the entity 
that submitted the proposal; or 
(6) if a project is subject to section 301(e) of the Water 
Supply Act of 1958 (43 U.S.C. 390b(e)), makes modifications 
to the project that do not meet the requirements of that section 
unless the modification is submitted to and authorized by Con-
gress. 
(h) COST SHARE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), 100 
percent of the cost of developing, reviewing, and implementing 
a proposal submitted under subsection (a) shall be provided 
by an entity other than the Federal Government. 
(2) PLANNING
ASSISTANCE
TO
STATES.—In the case of a 
proposal from an entity authorized to receive assistance under 
section 22 of the Water Resources Development Act of 1974 
(42 U.S.C. 1962d–16), the Secretary may use funds available 
under that section to pay 50 percent of the cost of a review 
of a proposal submitted under subsection (a). 
(3) OPERATION AND MAINTENANCE COSTS.— 
(A) IN GENERAL.—Except as provided in subparagraphs 
(B) and (C), the operation and maintenance costs for the 
non-Federal sponsor of a proposal submitted under sub-
section (a) shall be 100 percent of the separable operation 
and maintenance costs associated with the costs of imple-
menting the proposal. 
(B) CERTAIN WATER SUPPLY STORAGE PROJECTS.—For 
a proposal submitted under subsection (a) for constructing 
additional water supply storage at a reservoir for use under 
a water supply storage agreement, in addition to the costs 
under subparagraph (A), the non-Federal costs shall 
include the proportional share of any joint-use costs for 
operation, maintenance, repair, replacement, or rehabilita-
tion of the reservoir project determined in accordance with 
section 301 of the Water Supply Act of 1958 (43 U.S.C. 
390b). 
(C) VOLUNTARY CONTRIBUTIONS.—An entity other than 
an entity described in subparagraph (A) may voluntarily 
contribute to the costs of implementing a proposal sub-
mitted under subsection (a). 
(i) CONTRIBUTED
FUNDS.—The Secretary may receive and 
expend funds contributed by a non-Federal interest for the review 
and approval of a proposal submitted under subsection (a). 
(j) ASSISTANCE.—On request by a non-Federal interest, the 
Secretary may provide technical assistance in the development or 
implementation of a proposal under subsection (a), including assist-
ance in obtaining necessary permits for construction, if the non- 
Federal interest contracts with the Secretary to pay all costs of 
providing the technical assistance. 
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130 STAT. 1643 
PUBLIC LAW 114–322—DEC. 16, 2016 
(k) EXCLUSION.—This section shall not apply to reservoirs in— 
(1) the Upper Missouri River; 
(2) the Apalachicola-Chattahoochee-Flint river system; 
(3) the Alabama-Coosa-Tallapoosa river system; and 
(4) the Stones River. 
(l) EFFECT OF SECTION.—Nothing in this section affects or modi-
fies any authority of the Secretary to review or modify reservoirs. 
SEC. 1119. INDIAN TRIBES. 
Section 1156 of the Water Resources Development Act of 1986 
(33 U.S.C. 2310) is amended— 
(1) in the section heading by inserting ‘‘AND INDIAN TRIBES’’ 
after ‘‘TERRITORIES’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘projects in American’’ and inserting 
‘‘projects— 
‘‘(1) in American’’; 
(B) by striking the period at the end and inserting 
‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(2) for any Indian tribe (as defined in section 102 of 
the Federally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5130)).’’. 
SEC. 1120. TRIBAL CONSULTATION REPORTS. 
(a) REVIEW.—The Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representa-
tives the following: 
(1) Not later than 30 days after the date of enactment 
of this Act, all reports of the Corps of Engineers developed 
pursuant to its Tribal Consultation Policy, dated November 
2012, and submitted to the Office of Management and Budget 
before the date of enactment of this Act. 
(2) Not later than 30 days after the date of the submission 
to the Committees under paragraph (1), all reports of the 
Corps of Engineers developed pursuant to its Tribal Consulta-
tion Policy, dated November 2012, or successor policy, and 
submitted to the Office of Management and Budget after the 
date of enactment of this Act. 
(3) Not later than 1 year after the date of enactment 
of this Act, a report that describes the results of a review 
by the Secretary of existing policies, regulations, and guidance 
related to consultation with Indian tribes on water resources 
development projects or other activities that require the 
approval of, or the issuance of a permit by, the Secretary 
and that may have an impact on tribal cultural or natural 
resources. 
(b) CONSULTATION.—In completing the review under subsection 
(a)(3), the Secretary shall provide for public and private meetings 
with Indian tribes and other stakeholders. 
(c) NO DELAYS.—During the review required under subsection 
(a)(3), the Secretary shall ensure that— 
(1) all existing tribal consultation policies, regulations, and 
guidance continue to be implemented; and 
(2) the review does not affect an approval or issuance 
of a permit required by the Secretary. 
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130 STAT. 1644 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1121. TRIBAL PARTNERSHIP PROGRAM. 
Section 203 of the Water Resources Development Act of 2000 
(33 U.S.C. 2269) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by striking ‘‘the Secretary’’ and all that follows 
through ‘‘projects’’ and inserting ‘‘the Secretary may carry 
out water-related planning activities, or activities relating 
to the study, design, and construction of water resources 
development projects,’’; 
(B) in paragraph (2) by striking ‘‘(2) MATTERS TO BE 
STUDIED.—A study’’ and inserting the following: 
‘‘(2) AUTHORIZED ACTIVITIES.—An activity’’; and 
(C) by adding at the end the following: 
‘‘(3) FEASIBILITY STUDY AND REPORTS.— 
‘‘(A) IN GENERAL.—On the request of an Indian tribe, 
the Secretary shall conduct a study on, and provide to 
the Indian tribe a report describing, the feasibility of a 
water resources development project described in para-
graph (1). 
‘‘(B) RECOMMENDATION.—A report under subparagraph 
(A) may, but shall not be required to, contain a rec-
ommendation on a specific water resources development 
project. 
‘‘(4) DESIGN AND CONSTRUCTION.— 
‘‘(A) IN GENERAL.—The Secretary may carry out the 
design and construction of a water resources development 
project described in paragraph (1) that the Secretary deter-
mines is feasible if the Federal share of the cost of the 
project is not more than $10,000,000. 
‘‘(B) SPECIFIC AUTHORIZATION.—If the Federal share 
of the cost of a project described in subparagraph (A) is 
more than $10,000,000, the Secretary may only carry out 
the project if Congress enacts a law authorizing the Sec-
retary to carry out the project.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘studies’’ and inserting 
‘‘an activity’’; and 
(B) in paragraph (2)(B) by striking ‘‘carrying out 
projects studied’’ and inserting ‘‘an activity conducted’’; and 
(3) in subsection (d)— 
(A) in paragraph (1)(A) by striking ‘‘a study’’ and 
inserting ‘‘an activity conducted’’; and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) CREDIT.—The Secretary may credit toward the non- 
Federal share of the costs of an activity conducted under sub-
section (b) the cost of services, studies, supplies, or other in- 
kind contributions provided by the non-Federal interest. 
‘‘(3) SOVEREIGN IMMUNITY.—The Secretary shall not require 
an Indian tribe to waive the sovereign immunity of the Indian 
tribe as a condition to entering into a cost-sharing agreement 
under this subsection. 
‘‘(4) WATER RESOURCES DEVELOPMENT PROJECTS.— 
‘‘(A) IN GENERAL.—The non-Federal share of costs for 
the study of a water resources development project 
described in subsection (b)(1) shall be 50 percent. 
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130 STAT. 1645 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(B) OTHER
COSTS.—The non-Federal share of costs 
of design and construction of a project described in subpara-
graph (A) shall be assigned to the appropriate project pur-
poses described in sections 101 and 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2211, 2213) 
and shared in the same percentages as the purposes to 
which the costs are assigned. 
‘‘(5) WATER-RELATED PLANNING ACTIVITIES.— 
‘‘(A) IN GENERAL.—The non-Federal share of costs of 
a watershed and river basin assessment conducted under 
subsection (b) shall be 25 percent. 
‘‘(B) OTHER
COSTS.—The non-Federal share of costs 
of other water-related planning activities described in sub-
section (b)(1) shall be 50 percent.’’. 
SEC. 1122. BENEFICIAL USE OF DREDGED MATERIAL. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a pilot program 
to carry out projects for the beneficial use of dredged material, 
including projects for the purposes of— 
(1) reducing storm damage to property and infrastructure; 
(2) promoting public safety; 
(3) protecting, restoring, and creating aquatic ecosystem 
habitats; 
(4) stabilizing stream systems and enhancing shorelines; 
(5) promoting recreation; 
(6) supporting risk management adaptation strategies; and 
(7) reducing the costs of dredging and dredged material 
placement or disposal, such as projects that use dredged mate-
rial for— 
(A) construction or fill material; 
(B) civic improvement objectives; and 
(C) other innovative uses and placement alternatives 
that produce public economic or environmental benefits. 
(b) PROJECT SELECTION.—In carrying out the pilot program, 
the Secretary shall— 
(1) identify for inclusion in the pilot program and carry 
out 10 projects for the beneficial use of dredged material; 
(2) consult with relevant State agencies in selecting 
projects; and 
(3) select projects solely on the basis of— 
(A) the environmental, economic, and social benefits 
of the projects, including monetary and nonmonetary bene-
fits; and 
(B) the need for a diversity of project types and geo-
graphical project locations. 
(c) REGIONAL BENEFICIAL USE TEAMS.— 
(1) IN GENERAL.—In carrying out the pilot program, the 
Secretary shall establish regional beneficial use teams to iden-
tify and assist in the implementation of projects under the 
pilot program. 
(2) COMPOSITION.— 
(A) LEADERSHIP.—For each regional beneficial use team 
established under paragraph (1), the Secretary shall 
appoint the Commander of the relevant division of the 
Corps of Engineers to serve as the head of the team. 
33 USC 2326 
note. 
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130 STAT. 1646 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) MEMBERSHIP.—The membership of each regional 
beneficial use team shall include— 
(i) representatives of relevant Corps of Engineers 
districts and divisions; 
(ii) representatives of relevant State and local 
agencies; and 
(iii) representatives of Federal agencies and such 
other entities as the Secretary determines appropriate, 
consistent with the purposes of this section. 
(d) CONSIDERATIONS.—The Secretary shall carry out the pilot 
program in a manner that— 
(1) maximizes the beneficial placement of dredged material 
from Federal and non-Federal navigation channels; 
(2) incorporates, to the maximum extent practicable, 2 or 
more Federal navigation, flood control, storm damage reduction, 
or environmental restoration projects; 
(3) coordinates the mobilization of dredges and related 
equipment, including through the use of such efficiencies in 
contracting and environmental permitting as can be imple-
mented under existing laws and regulations; 
(4) fosters Federal, State, and local collaboration; 
(5) implements best practices to maximize the beneficial 
use of dredged sand and other sediments; and 
(6) ensures that the use of dredged material is consistent 
with all applicable environmental laws. 
(e) COST SHARING.— 
(1) IN GENERAL.—Projects carried out under this section 
shall be subject to the cost-sharing requirements applicable 
to projects carried out under section 204 of the Water Resources 
Development Act of 1992 (33 U.S.C. 2326). 
(2) ADDITIONAL COSTS.—Notwithstanding paragraph (1), if 
the cost of transporting and depositing dredged material for 
a project carried out under this section exceeds the cost of 
carrying out those activities pursuant to any other water 
resources project in accordance, if applicable, with the Federal 
standard (as defined in section 335.7 of title 33, Code of Federal 
Regulations), the Secretary may not require the non-Federal 
interest to bear the additional cost of such activities. 
(f) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit 
to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report that includes— 
(1) a description of the projects selected to be carried out 
under the pilot program; 
(2) documentation supporting each of the projects selected; 
(3) the findings of regional beneficial use teams regarding 
project selection; and 
(4) any recommendations of the Secretary or regional bene-
ficial use teams with respect to the pilot program. 
(g) TERMINATION.—The pilot program shall terminate after 
completion of the 10 projects carried out pursuant to subsection 
(b)(1). 
(h) EXEMPTION FROM OTHER STANDARDS.—The projects carried 
out under this section shall be carried out notwithstanding the 
definition of the term ‘‘Federal standard’’ in section 335.7 of title 
33, Code of Federal Regulations. 
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130 STAT. 1647 
PUBLIC LAW 114–322—DEC. 16, 2016 
(i) REGIONAL SEDIMENT MANAGEMENT.—Section 204 of the 
Water Resources Development Act of 1992 (33 U.S.C. 2326) is 
amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘For sediment’’ and inserting the fol-
lowing: 
‘‘(A) SEDIMENT
FROM
FEDERAL
WATER
RESOURCES 
PROJECTS.—For sediment’’; and 
(B) by adding at the end the following: 
‘‘(B) SEDIMENT
FROM
OTHER
FEDERAL
SOURCES
AND 
NON-FEDERAL SOURCES.—For purposes of projects carried 
out under this section, the Secretary may include sediment 
from other Federal sources and non-Federal sources, sub-
ject to the requirement that any sediment obtained from 
a non-Federal source shall not be obtained at Federal 
expense.’’; and 
(2) in subsection (d) by adding at the end the following: 
‘‘(3) SPECIAL RULE.—Disposal of dredged material under 
this subsection may include a single or periodic application 
of sediment for beneficial use and shall not require operation 
and maintenance. 
‘‘(4) DISPOSAL AT NON-FEDERAL COST.—The Secretary may 
accept funds from a non-Federal interest to dispose of dredged 
material as provided under section 103(d)(1) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213(d)(1)).’’. 
(j) CLARIFICATION.—Section 156(e) of the Water Resources 
Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by 
striking ‘‘3’’ and inserting ‘‘6’’. 
SEC. 1123. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION. 
Section 506(g) of the Water Resources Development Act of 
2000 (42 U.S.C. 1962d–22(g)) is repealed. 
SEC. 1124. CORPS OF ENGINEERS OPERATION OF UNMANNED AIR-
CRAFT SYSTEMS. 
(a) IN GENERAL.—The Secretary shall designate an individual, 
within the headquarters office of the Corps of Engineers, who 
shall serve as the coordinator and principal approving official for 
developing the process and procedures by which the Corps of Engi-
neers— 
(1) operates and maintains small unmanned aircraft (as 
defined in section 331 of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 40101 note)) systems in support of 
civil works and emergency response missions of the Corps of 
Engineers; and 
(2) acquires, applies for, and receives any necessary Federal 
Aviation Administration authorizations for such operations and 
systems. 
(b) REQUIREMENTS.—A small unmanned aircraft system 
acquired, operated, or maintained for carrying out the missions 
specified in subsection (a) shall be operated in accordance with 
regulations of the Federal Aviation Administration as a civil aircraft 
or public aircraft, at the discretion of the Secretary, and shall 
be exempt from regulations of the Department of Defense, including 
the Department of the Army, governing such system. 
(c) LIMITATION.—A small unmanned aircraft system acquired, 
operated, or maintained by the Corps of Engineers is excluded 
from use by the Department of Defense, including the Department 
33 USC 576c. 
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130 STAT. 1648 
PUBLIC LAW 114–322—DEC. 16, 2016 
of the Army, for any mission of the Department of Defense other 
than a mission specified in subsection (a). 
SEC. 1125. FUNDING TO PROCESS PERMITS. 
Section 214(a) of the Water Resources Development Act of 
2000 (33 U.S.C. 2352(a)) is amended— 
(1) in paragraph (1) by adding at the end the following: 
‘‘(C) RAILROAD CARRIER.—The term ‘railroad carrier’ 
has the meaning given the term in section 20102 of title 
49, United States Code.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘or natural gas company’’ and inserting 
‘‘, natural gas company, or railroad carrier’’; and 
(B) by striking ‘‘or company’’ and inserting ‘‘, company, 
or carrier’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘or natural gas company’’ and inserting 
‘‘, natural gas company, or railroad carrier’’; and 
(B) by striking ‘‘7 years’’ and inserting ‘‘10 years’’; 
and 
(4) in paragraph (5) by striking ‘‘and natural gas compa-
nies’’ and inserting ‘‘, natural gas companies, and railroad car-
riers, including an evaluation of the compliance with the 
requirements of this section and, with respect to a permit 
for those entities, the requirements of applicable Federal laws’’. 
SEC. 1126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS 
BY NON-FEDERAL INTERESTS. 
Section 203 of the Water Resources Development Act of 1986 
(33 U.S.C. 2231) is amended by adding at the end the following: 
‘‘(e) TECHNICAL ASSISTANCE.—At the request of a non-Federal 
interest, the Secretary may provide to the non-Federal interest 
technical assistance relating to any aspect of a feasibility study 
if the non-Federal interest contracts with the Secretary to pay 
all costs of providing such technical assistance.’’. 
SEC. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD 
DAMAGE REDUCTION PROJECTS. 
Section 204(d) of the Water Resources Development Act of 
1986 (33 U.S.C. 2232(d)) is amended by adding at the end the 
following: 
‘‘(5) DISCRETE SEGMENTS.— 
‘‘(A) IN GENERAL.—The Secretary may authorize credit 
or reimbursement under this subsection for a discrete seg-
ment of a flood damage reduction project, or separable 
element thereof, before final completion of the project or 
separable element if— 
‘‘(i) except as provided in clause (ii), the Secretary 
determines that the discrete segment satisfies the 
requirements of paragraphs (1) through (4) in the same 
manner as the project or separable element; and 
‘‘(ii) notwithstanding paragraph (1)(A)(ii), the Sec-
retary determines, before the approval of the plans 
under paragraph (1)(A)(i), that the discrete segment 
is technically feasible and environmentally acceptable. 
‘‘(B) DETERMINATION.—Credit or reimbursement may 
not be made available to a non-Federal interest pursuant 
to this paragraph until the Secretary determines that— 
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130 STAT. 1649 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(i) the construction of the discrete segment for 
which credit or reimbursement is requested is com-
plete; and 
‘‘(ii) the construction is consistent with the 
authorization of the applicable flood damage reduction 
project, or separable element thereof, and the plans 
approved under paragraph (1)(A)(i). 
‘‘(C) WRITTEN AGREEMENT.— 
‘‘(i) IN GENERAL.—As part of the written agreement 
required under paragraph (1)(A)(iii), a non-Federal 
interest to be eligible for credit or reimbursement 
under this paragraph shall— 
‘‘(I) identify any discrete segment that the non- 
Federal interest may carry out; and 
‘‘(II) agree to the completion of the flood dam-
age reduction project, or separable element thereof, 
with respect to which the discrete segment is a 
part and establish a timeframe for such comple-
tion. 
‘‘(ii) REMITTANCE.—If a non-Federal interest fails 
to complete a flood damage reduction project, or sepa-
rable element thereof, that it agreed to complete under 
clause (i)(II), the non-Federal interest shall remit any 
reimbursements received under this paragraph for a 
discrete segment of such project or separable element. 
‘‘(D) DISCRETE SEGMENT DEFINED.—In this paragraph, 
the term ‘discrete segment’ means a physical portion of 
a flood damage reduction project, or separable element 
thereof— 
‘‘(i) described by a non-Federal interest in a written 
agreement required under paragraph (1)(A)(iii); and 
‘‘(ii) that the non-Federal interest can operate and 
maintain, independently and without creating a 
hazard, in advance of final completion of the flood 
damage reduction project, or separable element 
thereof.’’. 
SEC. 1128. MULTISTATE ACTIVITIES. 
Section 22 of the Water Resources Development Act of 1974 
(42 U.S.C. 1962d–16) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘or other non-Federal interest’’ and 
inserting ‘‘, group of States, or non-Federal interest’’; 
(B) by inserting ‘‘or group of States’’ after ‘‘working 
with a State’’; and 
(C) by inserting ‘‘or group of States’’ after ‘‘boundaries 
of such State’’; and 
(2) in subsection (c)(1) by adding at the end the following: 
‘‘The Secretary may allow 2 or more States to combine all 
or a portion of the funds that the Secretary makes available 
to the States in carrying out subsection (a)(1).’’. 
SEC. 1129. PLANNING ASSISTANCE TO STATES. 
Section 22 of the Water Resources Development Act of 1974 
(42 U.S.C. 1962d–16) is amended by adding at the end the following: 
‘‘(f) SPECIAL RULE.—The cost-share for assistance under this 
section provided to Indian tribes, the Commonwealth of Puerto 
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130 STAT. 1650 
PUBLIC LAW 114–322—DEC. 16, 2016 
Rico, Guam, American Samoa, the Virgin Islands, the Common-
wealth of the Northern Marianas, and the Trust Territory of the 
Pacific Islands shall be as provided under section 1156 of the 
Water Resources Development Act of 1986 (33 U.S.C. 2310).’’. 
SEC. 1130. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY 
ACTIVITIES. 
(a) NATIONAL LEVEE SAFETY PROGRAM.—Section 9002 of the 
Water Resources Development Act of 2007 (33 U.S.C. 3301) is 
amended— 
(1) in paragraph (11) by striking ‘‘State or Indian tribe’’ 
and inserting ‘‘State, regional district, or Indian tribe’’; 
(2) by redesignating paragraphs (12) through (16) as para-
graphs (13) through (17), respectively; and 
(3) by inserting after paragraph (11) the following: 
‘‘(12) REGIONAL
DISTRICT.—The term ‘regional district’ 
means a subdivision of a State government, or a subdivision 
of multiple State governments, that is authorized to acquire, 
construct, operate, and maintain projects for the purpose of 
flood damage reduction.’’. 
(b) INVENTORY AND INSPECTION OF LEVEES.—Section 9004 of 
the Water Resources Development Act of 2007 (33 U.S.C. 3303) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘one year after the 
date of enactment of this Act’’ and inserting ‘‘1 year after 
the date of enactment of the Water Resources Development 
Act of 2016’’; 
(B) in paragraph (2)(A) by striking ‘‘States, Indian 
tribes, Federal agencies, and other entities’’ and inserting 
‘‘States, regional districts, Indian tribes, Federal agencies, 
and other entities’’; and 
(C) in paragraph (3)— 
(i) in the heading for subparagraph (A) by striking 
‘‘FEDERAL, STATE, AND LOCAL’’ and inserting ‘‘FEDERAL, 
STATE, REGIONAL, TRIBAL, AND LOCAL’’; and 
(ii) in subparagraph (A) by striking ‘‘Federal, State, 
and local’’ and inserting ‘‘Federal, State, regional, 
tribal, and local’’; and 
(2) in subsection (c)— 
(A) in paragraph (4)— 
(i) in the paragraph heading by striking ‘‘STATE 
AND
TRIBAL’’ and inserting ‘‘STATE, REGIONAL, AND 
TRIBAL’’; and 
(ii) by striking ‘‘State or Indian tribe’’ each place 
it appears and inserting ‘‘State, regional district, or 
Indian tribe’’; and 
(B) in paragraph (5)— 
(i) by striking ‘‘State or Indian tribe’’ and inserting 
‘‘State, regional district, or Indian tribe’’; and 
(ii) by striking ‘‘chief executive of the tribal govern-
ment’’ and inserting ‘‘chief executive of the regional 
district or tribal government’’. 
(c) LEVEE SAFETY INITIATIVE.—Section 9005 of the Water 
Resources Development Act of 2007 (33 U.S.C. 3303a) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
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130 STAT. 1651 
PUBLIC LAW 114–322—DEC. 16, 2016 
(i) in the matter preceding subparagraph (A)— 
(I) by striking ‘‘1 year after the date of enact-
ment of this subsection’’ and inserting ‘‘1 year 
after the date of enactment of the Water Resources 
Development Act of 2016’’; and 
(II) by striking ‘‘State, local, and tribal govern-
ments and organizations’’ and inserting ‘‘State, 
regional, local, and tribal governments and 
organizations’’; and 
(ii) in subparagraph (A) by striking ‘‘Federal, State, 
tribal, and local agencies’’ and inserting ‘‘Federal, 
State, regional, local, and tribal agencies’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking ‘‘State, local, 
and tribal governments,’’ and inserting ‘‘State, regional, 
local, and tribal governments’’; and 
(ii) in subparagraph (B) by inserting ‘‘, regional, 
or tribal’’ after ‘‘State’’ each place it appears; and 
(C) in paragraph (5)(A) by striking ‘‘States, non-Federal 
interests, 
and 
other 
appropriate 
stakeholders’’ 
and 
inserting ‘‘States, regional districts, Indian tribes, non-Fed-
eral interests, and other appropriate stakeholders’’; 
(2) in subsection (e)(1) in the matter preceding subpara-
graph (A) by striking ‘‘States, communities, and levee owners’’ 
and inserting ‘‘States, regional districts, Indian tribes, commu-
nities, and levee owners’’; 
(3) in subsection (g)— 
(A) in the subsection heading by striking ‘‘STATE AND 
TRIBAL’’ and inserting ‘‘STATE, REGIONAL, AND TRIBAL’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘1 year after the date of enact-
ment of this subsection’’ and inserting ‘‘1 year 
after the date of enactment of the Water Resources 
Development Act of 2016’’; and 
(II) by striking ‘‘State or tribal’’ and inserting 
‘‘State, regional, or tribal’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘State and Indian tribe’’ and 
inserting ‘‘State, regional district, and Indian 
tribe’’; and 
(II) by striking ‘‘State or Indian tribe’’ and 
inserting ‘‘State, regional district, or Indian tribe’’; 
and 
(C) in paragraph (2)— 
(i) in the paragraph heading by striking ‘‘STATES’’ 
and inserting ‘‘STATES, REGIONAL DISTRICTS, AND INDIAN 
TRIBES’’; 
(ii) in subparagraph (A) by striking ‘‘States and 
Indian tribes’’ and inserting ‘‘States, regional districts, 
and Indian tribes’’; 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause (i) by 
striking ‘‘State or Indian tribe’’ and inserting 
‘‘State, regional district, or Indian tribe’’; 
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130 STAT. 1652 
PUBLIC LAW 114–322—DEC. 16, 2016 
(II) in clause (ii) by striking ‘‘levees within 
the State’’ and inserting ‘‘levees within the State 
or regional district’’; and 
(III) in clause (iii) by striking ‘‘State or Indian 
tribe’’ and inserting ‘‘State, regional district, or 
Indian tribe’’; 
(iv) in subparagraph (C)(ii) in the matter preceding 
subclause (I) by striking ‘‘State or tribal’’ and inserting 
‘‘State, regional, or tribal’’; and 
(v) in subparagraph (E)— 
(I) by striking ‘‘States and Indian tribes’’ each 
place it appears and inserting ‘‘States, regional 
districts, and Indian tribes’’; 
(II) in clause (ii)(II)— 
(aa) in the matter preceding item (aa) by 
striking ‘‘State or Indian tribe’’ and inserting 
‘‘State, regional district, or Indian tribe’’; 
(bb) in item (aa) by striking ‘‘miles of 
levees in the State’’ and inserting ‘‘miles of 
levees in the State or regional district’’; and 
(cc) in item (bb) by striking ‘‘miles of 
levees in all States’’ and inserting ‘‘miles of 
levees in all States and regional districts’’; 
and 
(III) in clause (iii)— 
(aa) by striking ‘‘State or Indian tribe’’ 
and inserting ‘‘State, regional district, or 
Indian tribe’’; and 
(bb) by striking ‘‘State or tribal’’ and 
inserting ‘‘State, regional, or tribal’’; and 
(4) in subsection (h)— 
(A) in paragraph (1) by striking ‘‘States, Indian tribes, 
and local governments’’ and inserting ‘‘States, regional dis-
tricts, Indian tribes, and local governments’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A) by 
striking ‘‘State, Indian tribe, or local government’’ and 
inserting ‘‘State, regional district, Indian tribe, or local 
government’’; and 
(ii) in subparagraph (E) in the matter preceding 
clause (i) by striking ‘‘State or tribal’’ and inserting 
‘‘State, regional, or tribal’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A) by striking ‘‘State, Indian 
tribe, or local government’’ and inserting ‘‘State, 
regional district, Indian tribe, or local government’’; 
and 
(ii) in subparagraph (D) by striking ‘‘180 days after 
the date of enactment of this subsection’’ and inserting 
‘‘180 days after the date of enactment of the Water 
Resources Development Act of 2016’’; and 
(D) in paragraph (4)(A)(i) by striking ‘‘State or tribal’’ 
and inserting ‘‘State, regional, or tribal’’. 
(d) REPORTS.—Section 9006 of the Water Resources Develop-
ment Act of 2007 (33 U.S.C. 3303b) is amended— 
(1) in subsection (a)(1)— 
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130 STAT. 1653 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) in the matter preceding subparagraph (A) by 
striking ‘‘1 year after the date of enactment of this sub-
section’’ and inserting ‘‘1 year after the date of enactment 
of the Water Resources Development Act of 2016’’; and 
(B) in subparagraph (B) by striking ‘‘State and tribal’’ 
and inserting ‘‘State, regional, and tribal’’; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1)— 
(i) by striking ‘‘2 years after the date of enactment 
of this subsection’’ and inserting ‘‘2 years after the 
date of enactment of the Water Resources Development 
Act of 2016’’; and 
(ii) by striking ‘‘State, tribal, and local’’ and 
inserting ‘‘State, regional, tribal, and local’’; 
(B) in paragraph (2) by striking ‘‘State and tribal’’ 
and inserting ‘‘State, regional, and tribal’’; and 
(C) in paragraph (4) by striking ‘‘State and local’’ and 
inserting ‘‘State, regional, tribal, and local’’; and 
(3) in subsection (d)— 
(A) in the matter preceding paragraph (1) by striking 
‘‘1 year after the date of enactment of this subsection’’ 
and inserting ‘‘1 year after the date of enactment of the 
Water Resources Development Act of 2016’’; and 
(B) in paragraph (2) by striking ‘‘State or tribal’’ and 
inserting ‘‘State, regional, or tribal’’. 
SEC. 1131. PARTICIPATION OF NON-FEDERAL INTERESTS. 
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 
1962d–5b(b)(1)) is amended by inserting ‘‘and, as defined in section 
3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), 
a Native village, Regional Corporation, and Village Corporation’’ 
after ‘‘Indian tribe’’. 
SEC. 1132. POST-AUTHORIZATION CHANGE REPORTS. 
(a) IN GENERAL.—The completion of a post-authorization change 
report prepared by the Corps of Engineers for a water resources 
development project— 
(1) may not be delayed as a result of consideration being 
given to changes in policy or priority with respect to project 
consideration; and 
(2) shall be submitted, upon completion, to— 
(A) the Committee on Environment and Public Works 
of the Senate; and 
(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
(b) COMPLETION REVIEW.—With respect to a post-authorization 
change report subject to review by the Secretary, the Secretary 
shall, not later than 120 days after the date of completion of 
such report— 
(1) review the report; and 
(2) provide to Congress any recommendations of the Sec-
retary regarding modification of the applicable water resources 
development project. 
(c) PRIOR REPORTS.—Not later than 120 days after the date 
of enactment of this Act, with respect to any post-authorization 
change report that was completed prior to the date of enactment 
of this Act and is subject to a review by the Secretary that has 
33 USC 2282e. 
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130 STAT. 1654 
PUBLIC LAW 114–322—DEC. 16, 2016 
yet to be completed, the Secretary shall complete review of, and 
provide recommendations to Congress with respect to, the report. 
(d) POST-AUTHORIZATION CHANGE REPORT INCLUSIONS.—In this 
section, the term ‘‘post-authorization change report’’ includes— 
(1) a general reevaluation report; 
(2) a limited reevaluation report; and 
(3) any other report that recommends the modification 
of an authorized water resources development project. 
SEC. 1133. MAINTENANCE DREDGING DATA. 
(a) IN GENERAL.—The Secretary shall establish, maintain, and 
make publicly available a database on maintenance dredging carried 
out by the Secretary, which shall include information on mainte-
nance dredging carried out by Federal and non-Federal vessels. 
(b) SCOPE.—The Secretary shall include in the database main-
tained under subsection (a), for each maintenance dredging project 
and contract, estimated and actual data on— 
(1) the volume of dredged material removed; 
(2) the initial cost estimate of the Corps of Engineers; 
(3) the total cost; 
(4) the party and vessel carrying out the work; and 
(5) the number of private contractor bids received and 
the bid amounts, including bids that did not win the final 
contract award. 
SEC. 1134. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT 
APPLICATIONS. 
(a) IN GENERAL.—Section 2040 of the Water Resources Develop-
ment Act of 2007 (33 U.S.C. 2345) is amended to read as follows: 
‘‘SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT 
APPLICATIONS. 
‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— 
‘‘(1) IN GENERAL.—The Secretary shall research, develop, 
and implement an electronic system to allow the electronic 
preparation and submission of applications for permits and 
requests for jurisdictional determinations under the jurisdiction 
of the Secretary. 
‘‘(2) INCLUSION.—The electronic system required under 
paragraph (1) shall address— 
‘‘(A) applications for standard individual permits; 
‘‘(B) applications for letters of permission; 
‘‘(C) joint applications with States for State and Federal 
permits; 
‘‘(D) applications for emergency permits; 
‘‘(E) applications or requests for jurisdictional deter-
minations; and 
‘‘(F) preconstruction notification submissions, when 
required for a nationwide or other general permit. 
‘‘(3) IMPROVING
EXISTING
DATA
SYSTEMS.—The Secretary 
shall seek to incorporate the electronic system required under 
paragraph (1) into existing systems and databases of the Corps 
of Engineers to the maximum extent practicable. 
‘‘(4) PROTECTION OF INFORMATION.—The electronic system 
required under paragraph (1) shall provide for the protection 
of personal, private, privileged, confidential, and proprietary 
information, and information the disclosure of which is other-
wise prohibited by law. 
33 USC 2326f. 
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130 STAT. 1655 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(b) SYSTEM REQUIREMENTS.—The electronic system required 
under subsection (a) shall— 
‘‘(1) enable an applicant or requester to prepare electroni-
cally an application for a permit or request; 
‘‘(2) enable an applicant or requester to submit to the 
Secretary, by email or other means through the Internet, the 
completed application form or request; 
‘‘(3) enable an applicant or requester to submit to the 
Secretary, by email or other means through the Internet, data 
and other information in support of the permit application 
or request; 
‘‘(4) provide an online interactive guide to provide assist-
ance to an applicant or requester at any time while filling 
out the permit application or request; and 
‘‘(5) enable an applicant or requester (or a designated agent) 
to track the status of a permit application or request in a 
manner that will— 
‘‘(A) allow the applicant or requester to determine 
whether the application is pending or final and the disposi-
tion of the request; 
‘‘(B) allow the applicant or requester to research pre-
viously submitted permit applications and requests within 
a given geographic area and the results of such applications 
or requests; and 
‘‘(C) allow identification and display of the location 
of the activities subject to a permit or request through 
a map-based interface. 
‘‘(c) DOCUMENTATION.—All permit decisions and jurisdictional 
determinations made by the Secretary shall be in writing and 
include documentation supporting the basis for the decision or 
determination. The Secretary shall prescribe means for documenting 
all decisions or determinations to be made by the Secretary. 
‘‘(d) RECORD OF DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall maintain, for a min-
imum of 5 years, a record of each permit decision and jurisdic-
tional determination made by the Secretary, including docu-
mentation supporting the basis of the decision or determination. 
‘‘(2) ARCHIVING
OF
INFORMATION.—The Secretary shall 
explore and implement an appropriate mechanism for archiving 
records of permit decisions and jurisdictional determinations, 
including documentation supporting the basis of the decisions 
and determinations, after the 5-year maintenance period 
described in paragraph (1). 
‘‘(e) AVAILABILITY OF DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall make the records 
of all permit decisions and jurisdictional determinations made 
by the Secretary available to the public for review and reproduc-
tion. 
‘‘(2) PROTECTION
OF
INFORMATION.—The Secretary shall 
provide for the protection of personal, private, privileged, con-
fidential, and proprietary information, and information the 
disclosure of which is prohibited by law, which may be excluded 
from disclosure. 
‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall develop and imple-
ment, to the maximum extent practicable, the electronic system 
required under subsection (a) not later than 2 years after 
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130 STAT. 1656 
PUBLIC LAW 114–322—DEC. 16, 2016 
the date of enactment of the Water Resources Development 
Act of 2016. 
‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLEMENTATION.— 
Not later than 180 days after the expiration of the deadline 
under paragraph (1), the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report describing the measures imple-
mented and barriers faced in carrying out this section. 
‘‘(g) APPLICABILITY.—The requirements described in subsections 
(c), (d), and (e) shall apply to permit applications and requests 
for jurisdictional determinations submitted to the Secretary after 
the date of enactment of the Water Resources Development Act 
of 2016. 
‘‘(h) LIMITATION.—This section shall not preclude the submis-
sion to the Secretary, acting through the Chief of Engineers, of 
a physical copy of a permit application or a request for a jurisdic-
tional determination.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Water Resources Development Act of 2007 is amended 
by striking the item relating to section 2040 and inserting the 
following: 
‘‘Sec. 2040. Electronic submission and tracking of permit applications.’’. 
SEC. 1135. DATA TRANSPARENCY. 
Section 2017 of the Water Resources Development Act of 2007 
(33 U.S.C. 2342) is amended to read as follows: 
‘‘SEC. 2017. ACCESS TO WATER RESOURCE DATA. 
‘‘(a) IN GENERAL.—Using available funds, the Secretary shall 
make publicly available, including on the Internet, all data in 
the custody of the Corps of Engineers on— 
‘‘(1) the planning, design, construction, operation, and 
maintenance of water resources development projects; and 
‘‘(2) water quality and water management of projects 
owned, operated, or managed by the Corps of Engineers. 
‘‘(b) LIMITATION.—Nothing in this section may be construed 
to compel or authorize the disclosure of data or other information 
determined by the Secretary to be confidential information, privi-
leged information, law enforcement information, national security 
information, infrastructure security information, personal informa-
tion, or information the disclosure of which is otherwise prohibited 
by law. 
‘‘(c) TIMING.—The Secretary shall ensure that data is made 
publicly available under subsection (a) as quickly as practicable 
after the data is generated by the Corps of Engineers. 
‘‘(d) PARTNERSHIPS.—In carrying out this section, the Secretary 
may develop partnerships, including through cooperative agree-
ments, with State, tribal, and local governments and other Federal 
agencies.’’. 
SEC. 1136. QUALITY CONTROL. 
(a) IN GENERAL.—Paragraph (a) of the first section of the Act 
of December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701– 
1(a)), is amended by inserting ‘‘and shall be made publicly available’’ 
before the period at the end of the last sentence. 
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130 STAT. 1657 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) PROJECT ADMINISTRATION.—Section 2041(b)(1) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is 
amended by inserting ‘‘final post-authorization change report,’’ after 
‘‘final reevaluation report,’’. 
SEC. 1137. REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTI-
CLES. 
Section 213(a) of the Water Resources Development Act of 
1992 (Public Law 102–580; 106 Stat. 4831) is amended by adding 
at the end the following: 
‘‘(4) REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTI-
CLES.— 
‘‘(A) IN GENERAL.—In the first annual report submitted 
to Congress after the date of enactment of this paragraph 
in accordance with section 8 of the Act of August 11, 
1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), and section 
925(b) of the Water Resources Development Act of 1986 
(33 U.S.C. 2295(b)), the Secretary shall include a report 
on the amount of acquisitions in the prior fiscal year made 
by the Corps of Engineers for civil works projects from 
entities that manufactured the articles, materials, or sup-
plies outside of the United States. 
‘‘(B) CONTENTS.—The report required under subpara-
graph (A) shall indicate, for each category of acquisition— 
‘‘(i) the dollar value of articles, materials, and sup-
plies purchased that were manufactured outside of the 
United States; and 
‘‘(ii) a summary of the total procurement funds 
spent on goods manufactured in the United States 
and the total procurement funds spent on goods manu-
factured outside of the United States. 
‘‘(C) PUBLIC
AVAILABILITY.—Not later than 30 days 
after the submission of the report required under subpara-
graph (A), the Secretary shall make such report publicly 
available, including on the Internet.’’. 
SEC. 1138. INTERNATIONAL OUTREACH PROGRAM. 
Section 401(a) of the Water Resources Development Act of 
1992 (33 U.S.C. 2329(a)) is amended to read as follows: 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—The Secretary may engage in activities 
to inform the United States of technological innovations abroad 
that could significantly improve water resources development 
in the United States. 
‘‘(2) INCLUSIONS.—Activities under paragraph (1) may 
include— 
‘‘(A) 
development, 
monitoring, 
assessment, 
and 
dissemination of information about foreign water resources 
projects that could significantly improve water resources 
development in the United States; 
‘‘(B) research, development, training, and other forms 
of technology transfer and exchange; and 
‘‘(C) offering technical services that cannot be readily 
obtained in the private sector to be incorporated into water 
resources projects if the costs for assistance will be recov-
ered under the terms of each project.’’. 
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130 STAT. 1658 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1139. DAM SAFETY REPAIR PROJECTS. 
The Secretary shall issue guidance— 
(1) on the types of circumstances under which the require-
ment in section 1203(a) of the Water Resources Development 
Act of 1986 (33 U.S.C. 467n(a)) relating to state-of-the-art 
design or construction criteria deemed necessary for safety pur-
poses applies to a dam safety repair project; 
(2) to assist district offices of the Corps of Engineers in 
communicating with non-Federal interests when entering into 
and implementing cost-sharing agreements for dam safety 
repair projects; and 
(3) to assist the Corps of Engineers in communicating 
with non-Federal interests concerning the estimated and final 
cost-share responsibilities of the non-Federal interests under 
agreements for dam safety repair projects. 
SEC. 1140. FEDERAL COST LIMITATION FOR CERTAIN PROJECTS. 
Section 506(c) of the Water Resources Development Act of 2000 
(42 U.S.C. 1962d–22(c)) is amended by adding at the end the 
following: 
‘‘(5) RECREATION FEATURES.—A project carried out pursuant 
to this subsection may include compatible recreation features 
as determined by the Secretary, except that the Federal costs 
of such features may not exceed 10 percent of the Federal 
ecosystem restoration costs of the project.’’. 
SEC. 1141. LAKE KEMP, TEXAS. 
Section 3149(a) of the Water Resources Development Act of 
2007 (Public Law 110–114; 121 Stat. 1147) is amended— 
(1) by striking ‘‘2020’’ and inserting ‘‘2025’’; and 
(2) by striking ‘‘this Act’’ and inserting ‘‘the Water 
Resources Development Act of 2016’’. 
SEC. 1142. CORROSION PREVENTION. 
Section 1033 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2350) is amended by adding at the end 
the following: 
‘‘(d) REPORT.—In the first annual report submitted to Congress 
after the date of enactment of this subsection in accordance with 
section 8 of the Act of August 11, 1888 (25 Stat. 424, chapter 
860; 33 U.S.C. 556), and section 925(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2295(b)), the Secretary shall 
report on the corrosion prevention activities encouraged under this 
section, including— 
‘‘(1) a description of the actions the Secretary has taken 
to implement this section; and 
‘‘(2) a description of the projects utilizing corrosion preven-
tion activities, including which activities were undertaken.’’. 
SEC. 1143. SEDIMENT SOURCES. 
(a) IN GENERAL.—The Secretary is authorized to undertake 
a study of the economic and noneconomic costs, benefits, and 
impacts of acquiring by purchase, exchange, or otherwise sediment 
from domestic and nondomestic sources for shoreline protection. 
(b) REPORT.—Upon completion of the study, the Secretary shall 
report to Congress on the availability, benefits, and impacts, of 
using domestic and nondomestic sources of sediment for shoreline 
protection. 
33 USC 467n 
note. 
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130 STAT. 1659 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1144. PRIORITIZATION OF CERTAIN PROJECTS. 
The Secretary shall give priority to a project for flood risk 
management if— 
(1) there is an executed project partnership agreement 
for the project; and 
(2) the project is located in an area— 
(A) with respect to which— 
(i) there has been a loss of life due to flood events; 
and 
(ii) the President has declared that a major dis-
aster or emergency exists under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170); or 
(B) that is at significant risk for catastrophic flooding. 
SEC. 1145. GULF COAST OYSTER BED RECOVERY ASSESSMENT. 
(a) GULF STATES DEFINED.—In this section, the term ‘‘Gulf 
States’’ means each of the States of Alabama, Florida, Louisiana, 
Mississippi, and Texas. 
(b) GULF COAST OYSTER BED RECOVERY ASSESSMENT.—The Sec-
retary, in coordination with the Gulf States, shall conduct an assess-
ment relating to the recovery of oyster beds on the coasts of the 
Gulf States that were damaged by events, including— 
(1) Hurricane Katrina in 2005; 
(2) the Deepwater Horizon oil spill in 2010; and 
(3) floods in 2011 and 2016. 
(c) INCLUSION.—The assessment conducted under subsection 
(b) shall address the beneficial use of dredged material in providing 
substrate for oyster bed development. 
(d) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representa-
tives a report on the assessment conducted under subsection (b). 
SEC. 1146. INITIATING WORK ON SEPARABLE ELEMENTS. 
With respect to a water resources development project that 
has received construction funds in the previous 6-year period, for 
purposes of initiating work on a separable element of the project— 
(1) no new start or new investment decision shall be 
required; and 
(2) the work shall be treated as ongoing work. 
SEC. 1147. LOWER BOIS D’ARC CREEK RESERVOIR PROJECT, FANNIN 
COUNTY, TEXAS. 
(a) FINALIZATION REQUIRED.—The Secretary shall ensure that 
environmental decisions and reviews related to the construction 
of, impoundment of water in, and operation of the Lower Bois 
d’Arc Creek Reservoir Project, including any associated water trans-
mission facilities, by the North Texas Municipal Water District 
in Fannin County, Texas, are made on an expeditious basis using 
the fastest applicable process. 
(b) INTERIM REPORT.—Not later than June 30, 2017, the Sec-
retary shall report to Congress on the implementation of subsection 
(a). 
33 USC 2331a. 
33 USC 2341b. 
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130 STAT. 1660 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1148. RECREATIONAL ACCESS AT CORPS OF ENGINEERS RES-
ERVOIRS. 
Section 1035 of the Water Resources Reform and Development 
Act of 2014 (Public Law 113–121; 128 Stat. 1234) is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) RECREATIONAL ACCESS.—The Secretary shall allow the use 
of a floating cabin on waters under the jurisdiction of the Secretary 
in the Cumberland River basin if— 
‘‘(1) the floating cabin— 
‘‘(A) is in compliance with, and maintained by the 
owner to satisfy the requirements of, regulations for rec-
reational vessels, including health and safety standards, 
issued under chapter 43 of title 46, United States Code, 
and section 312 of the Federal Water Pollution Control 
Act (33 U.S.C. 1322); and 
‘‘(B) is located at a marina leased by the Corps of 
Engineers; and 
‘‘(2) the Secretary has authorized the use of recreational 
vessels on such waters.’’; and 
(2) by adding at the end the following: 
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Nothing in this section may be construed 
to authorize the Secretary to impose requirements on a floating 
cabin or on any facility that serves a floating cabin, including 
marinas or docks located on waters under the jurisdiction of 
the Secretary in the Cumberland River basin, that are different 
or more stringent than the requirements imposed on all rec-
reational vessels authorized to use such waters. 
‘‘(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) VESSEL.—The term ‘vessel’ has the meaning given 
that term in section 3 of title 1, United States Code. 
‘‘(B) REQUIREMENT.—The term ‘requirement’ includes 
a requirement imposed through the utilization of guid-
ance.’’. 
SEC. 1149. NO WAKE ZONES IN NAVIGATION CHANNELS. 
(a) IN GENERAL.—At the request of a State or local official, 
the Secretary, in consultation with the Commandant of the Coast 
Guard, shall promptly identify and, subject to the considerations 
in subsection (b), allow the implementation of measures for 
addressing navigation safety hazards in a covered navigation 
channel resulting from wakes created by recreational vessels identi-
fied by such official, while maintaining the navigability of the 
channel. 
(b) CONSIDERATIONS.—In identifying measures under subsection 
(a) with respect to a covered navigation channel, the Secretary 
shall consider, at a minimum, whether— 
(1) State or local law enforcement officers have documented 
the existence of safety hazards in the channel that are the 
direct result of excessive wakes from recreational vessels 
present in the channel; 
(2) the Secretary has made a determination that safety 
concerns exist in the channel and that the proposed measures 
will remedy those concerns without significant impacts to the 
navigable capacity of the channel; and 
33 USC 1223 
note. 
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130 STAT. 1661 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) the measures are consistent with any recommendations 
made by the Commandant of the Coast Guard to ensure the 
safety of vessels operating in the channel and the safety of 
the passengers and crew aboard such vessels. 
(c) COVERED NAVIGATION CHANNEL DEFINED.—In this section, 
the term ‘‘covered navigation channel’’ means a navigation channel 
that— 
(1) is federally marked or maintained; 
(2) is part of the Atlantic Intracoastal Waterway; and 
(3) is adjacent to a marina. 
(d) SAVINGS CLAUSE.—Nothing in this section shall be construed 
to relieve the master, pilot, or other person responsible for deter-
mining the speed of a vessel from the obligation to comply with 
the inland navigation regulations promulgated pursuant to section 
3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) 
or any other applicable laws or regulations governing the safe 
navigation of a vessel. 
SEC. 1150. ICE JAM PREVENTION AND MITIGATION. 
(a) IN GENERAL.—The Secretary may carry out projects under 
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 
including planning, design, construction, and monitoring of struc-
tural and nonstructural technologies and measures, for preventing 
and mitigating flood damages associated with ice jams. 
(b) INCLUSION.—The projects described in subsection (a) may 
include the development and demonstration of cost-effective tech-
nologies and designs developed in consultation with— 
(1) the Cold Regions Research and Engineering Laboratory 
of the Corps of Engineers; 
(2) universities; 
(3) Federal, State, and local agencies; and 
(4) private organizations. 
(c) PILOT PROGRAM.— 
(1) IN GENERAL.—During fiscal years 2017 through 2022, 
the Secretary shall identify and carry out not fewer than 10 
projects under this section to demonstrate technologies and 
designs developed in accordance with this section. 
(2) PROJECT SELECTION.—The Secretary shall ensure that 
the projects are selected from all cold regions of the United 
States, including the Upper Missouri River Basin and the 
Northeast. 
SEC. 1151. STRUCTURAL HEALTH MONITORING. 
(a) IN GENERAL.—The Secretary shall design and develop a 
structural health monitoring program to assess and improve the 
condition of infrastructure constructed and maintained by the Corps 
of Engineers, including research, design, and development of sys-
tems and frameworks for— 
(1) response to flood and earthquake events; 
(2) predisaster mitigation measures; 
(3) lengthening the useful life of the infrastructure; and 
(4) identifying risks due to sea level rise. 
(b) CONSULTATION
AND CONSIDERATIONS.—In developing the 
program under subsection (a), the Secretary shall— 
(1) consult with academic and other experts; and 
33 USC 2353. 
33 USC 701s 
note. 
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130 STAT. 1662 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) consider models for maintenance and repair information, 
the development of degradation models for real-time measure-
ments and environmental inputs, and research on qualitative 
inspection data as surrogate sensors. 
SEC. 1152. KENNEWICK MAN. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) CLAIMANT TRIBES.—The term ‘‘claimant tribes’’ means 
the Confederated Tribes of the Colville Reservation, the Confed-
erated Tribes and Bands of the Yakama Nation, the Nez Perce 
Tribe, the Confederated Tribes of the Umatilla Indian Reserva-
tion, and the Wanapum Band of Priest Rapids. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Washington State Department of Archaeology and Historic 
Preservation. 
(3) HUMAN REMAINS.—The term ‘‘human remains’’ means 
the human remains that— 
(A) are known as Kennewick Man or the Ancient One, 
which includes the projectile point lodged in the right ilium 
bone, as well as any residue from previous sampling and 
studies; and 
(B) are part of archaeological collection number 
45BN495. 
(b) TRANSFER.—Notwithstanding any other provision of Federal 
law, including the Native American Graves Protection and Repatri-
ation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington, 
not later than 90 days after the date of enactment of this Act, 
the Secretary, acting through the Chief of Engineers, shall transfer 
the human remains to the Department, on the condition that the 
Department, acting through the State Historic Preservation Officer, 
disposes of the human remains and repatriates the human remains 
to the claimant tribes. 
(c) TERMS AND CONDITIONS.—The transfer shall be subject to 
the following terms and conditions: 
(1) The release of the human remains to the claimant 
tribes is contingent upon the claimant tribes following the 
Department’s requirements in the Revised Code of Washington. 
(2) The claimant tribes verify to the Department their 
agreement on the final burial place of the human remains. 
(3) The claimant tribes verify to the Department their 
agreement that the human remains will be buried in the State 
of Washington. 
(4) The claimant tribes verify to the Department their 
agreement that the Department will take legal custody of the 
human remains upon the transfer by the Secretary. 
(d) COST.—The Corps of Engineers shall be responsible for 
any costs associated with the transfer. 
(e) LIMITATIONS.— 
(1) IN GENERAL.—The transfer shall be limited solely to 
the human remains portion of the archaeological collection. 
(2) SECRETARY.—The Secretary shall have no further 
responsibility for the human remains transferred pursuant to 
subsection (b) after the date of the transfer. 
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130 STAT. 1663 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1153. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERV-
ICES. 
Section 1024 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2325a) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary is 
authorized to accept and use materials, services, or funds contrib-
uted by a non-Federal public entity, a nonprofit entity, or a private 
entity to repair, restore, replace, or maintain a water resources 
project in any case in which the District Commander determines 
that— 
‘‘(1) there is a risk of adverse impacts to the functioning 
of the project for the authorized purposes of the project; and 
‘‘(2) acceptance of the materials and services or funds is 
in the public interest.’’; 
(2) by redesignating subsection (c) as subsection (d); 
(3) by inserting after subsection (b) the following: 
‘‘(c) ADDITIONAL REQUIREMENTS.— 
‘‘(1) APPLICABLE LAWS AND REGULATIONS.—The Secretary 
may only use materials or services accepted under this section 
if such materials and services comply with all applicable laws 
and regulations that would apply if such materials and services 
were acquired by the Secretary. 
‘‘(2) SUPPLEMENTARY SERVICES.—The Secretary may only 
accept and use services under this section that provide supple-
mentary services to existing Federal employees, and may only 
use such services to perform work that would not otherwise 
be accomplished as a result of funding or personnel limita-
tions.’’; and 
(4) in subsection (d) (as redesignated by paragraph (2)) 
in the matter preceding paragraph (1)— 
(A) by striking ‘‘Not later than 60 days after initiating 
an activity under this section,’’ and inserting ‘‘Not later 
than February 1 of each year after the first fiscal year 
in which materials, services, or funds are accepted under 
this section,’’; and 
(B) by striking ‘‘a report’’ and inserting ‘‘an annual 
report’’. 
SEC. 1154. MUNITIONS DISPOSAL. 
Section 1027 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 426e–2) is amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by inserting ‘‘, at full Federal expense,’’ after ‘‘The Secretary 
may’’; and 
(2) in subsection (b) by striking ‘‘funded’’ and inserting 
‘‘reimbursed’’. 
SEC. 1155. MANAGEMENT OF RECREATION FACILITIES. 
Section 225 of the Water Resources Development Act of 1992 
(33 U.S.C. 2328) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following: 
‘‘(c) USER FEES.— 
‘‘(1) COLLECTION OF FEES.— 
‘‘(A) IN GENERAL.—The Secretary may allow a non- 
Federal public entity that has entered into an agreement 
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130 STAT. 1664 
PUBLIC LAW 114–322—DEC. 16, 2016 
pursuant to subsection (b) to collect user fees for the use 
of developed recreation sites and facilities, whether devel-
oped or constructed by that entity or the Department of 
the Army. 
‘‘(B) USE OF VISITOR RESERVATION SERVICES.—A non- 
Federal public entity described in subparagraph (A) may 
use, to manage fee collections and reservations under this 
section, any visitor reservation service that the Secretary 
has provided for by contract or interagency agreement, 
subject to such terms and conditions as the Secretary deter-
mines to be appropriate. 
‘‘(2) USE OF FEES.—A non-Federal public entity that collects 
user fees under paragraph (1)— 
‘‘(A) may retain up to 100 percent of the fees collected, 
as determined by the Secretary; and 
‘‘(B) notwithstanding section 210(b)(4) of the Flood Con-
trol Act of 1968 (16 U.S.C. 460d–3(b)(4)), shall use any 
retained amount for operation, maintenance, and manage-
ment activities at the recreation site at which the fee 
is collected. 
‘‘(3) TERMS AND CONDITIONS.—The authority of a non-Fed-
eral public entity under this subsection shall be subject to 
such terms and conditions as the Secretary determines nec-
essary to protect the interests of the United States.’’. 
SEC. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY SEC-
RETARY. 
(a) IN GENERAL.—Section 14 of the Act of March 3, 1899 (30 
Stat. 1152, chapter 425; 33 U.S.C. 408), is amended— 
(1) by striking ‘‘That it shall not be lawful’’ and inserting 
the following: 
‘‘(a) PROHIBITIONS AND PERMISSIONS.—It shall not be lawful’’; 
and 
(2) by adding at the end the following: 
‘‘(b) CONCURRENT REVIEW.— 
‘‘(1) NEPA REVIEW.— 
‘‘(A) IN GENERAL.—In any case in which an activity 
subject to this section requires a review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
review and approval of the activity under this section shall, 
to the maximum extent practicable, occur concurrently with 
any review and decisions made under that Act. 
‘‘(B) CORPS OF ENGINEERS AS A COOPERATING AGENCY.— 
If the Corps of Engineers is not the lead Federal agency 
for an environmental review described in subparagraph 
(A), the Corps of Engineers shall, to the maximum extent 
practicable and consistent with Federal laws— 
‘‘(i) participate in the review as a cooperating 
agency (unless the Corps of Engineers does not intend 
to submit comments on the project); and 
‘‘(ii) adopt and use any environmental document 
prepared under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) by the lead agency 
to the same extent that a Federal agency could adopt 
or use a document prepared by another Federal agency 
under— 
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130 STAT. 1665 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(I) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
‘‘(II) parts 1500 through 1508 of title 40, Code 
of Federal Regulations (or successor regulations). 
‘‘(2) REVIEWS BY SECRETARY.—In any case in which the 
Secretary must approve an action under this section and under 
another authority, including sections 9 and 10 of this Act, 
section 404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344), and section 103 of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the 
Secretary shall— 
‘‘(A) coordinate applicable reviews and, to the max-
imum extent practicable, carry out the reviews concur-
rently; and 
‘‘(B) adopt and use any document prepared by the 
Corps of Engineers for the purpose of complying with the 
same law and that addresses the same types of impacts 
in the same geographic area if such document, as deter-
mined by the Secretary, is current and applicable. 
‘‘(3) CONTRIBUTED FUNDS.—The Secretary may accept and 
expend funds received from non-Federal public or private enti-
ties to evaluate under this section an alteration or permanent 
occupation or use of a work built by the United States. 
‘‘(c) TIMELY REVIEW.— 
‘‘(1) COMPLETE APPLICATION.—On or before the date that 
is 30 days after the date on which the Secretary receives 
an application for permission to take action affecting public 
projects pursuant to subsection (a), the Secretary shall inform 
the applicant whether the application is complete and, if it 
is not, what items are needed for the application to be complete. 
‘‘(2) DECISION.—On or before the date that is 90 days 
after the date on which the Secretary receives a complete 
application for permission under subsection (a), the Secretary 
shall— 
‘‘(A) make a decision on the application; or 
‘‘(B) provide a schedule to the applicant identifying 
when the Secretary will make a decision on the application. 
‘‘(3) NOTIFICATION TO CONGRESS.—In any case in which 
a schedule provided under paragraph (2)(B) extends beyond 
120 days from the date of receipt of a complete application, 
the Secretary shall provide to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives an explanation justifying the extended timeframe for 
review.’’. 
(b) GUIDANCE.—Section 1007 of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 408a) is amended by 
adding at the end the following: 
‘‘(f) GUIDANCE.— 
‘‘(1) IN GENERAL.—Not later than 120 days after the date 
of enactment of this subsection, the Secretary shall issue guid-
ance on the implementation of this section. 
‘‘(2) INCORPORATION.—In issuing guidance under paragraph 
(1), or any other regulation, guidance, or engineering circular 
related to activities covered under section 14 of the Act of 
March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), 
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130 STAT. 1666 
PUBLIC LAW 114–322—DEC. 16, 2016 
the Secretary shall incorporate the requirements under this 
section. 
‘‘(g) PRIORITIZATION.—The Secretary shall prioritize and com-
plete the activities required of the Secretary under this section.’’. 
SEC. 1157. PROJECT COMPLETION. 
(a) COMPLETION OF PROJECTS AND PROGRAMS.— 
(1) IN GENERAL.—For any project or program of assistance 
authorized under section 219 of the Water Resources Develop-
ment Act of 1992 (Public Law 102–580; 106 Stat. 4835), the 
Secretary is authorized to carry out the project to completion 
if— 
(A) as of the date of enactment of this Act, the project 
has received more than $4,000,000 in Federal appropria-
tions and those appropriations equal an amount that is 
greater than 80 percent of the authorized amount; 
(B) as of the date of enactment of this Act, significant 
progress has been demonstrated toward completion of the 
project or segments of the project but the project is not 
complete; and 
(C) the benefits of the Federal investment will not 
be realized without completion of the project. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $50,000,000 for fiscal years 2017 through 2021. 
(b) MODIFICATION OF PROJECTS OR PROGRAMS OF ASSISTANCE.— 
Section 7001(f) of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2282d(f)) is amended by adding at the 
end the following: 
‘‘(5) WATER RESOURCES DEVELOPMENT PROJECT.—The term 
‘water resources development project’ includes a project under 
an environmental infrastructure assistance program if author-
ized before the date of enactment of the Water Resources 
Development Act of 2016.’’. 
SEC. 1158. NEW ENGLAND DISTRICT HEADQUARTERS. 
(a) IN GENERAL.—Subject to subsection (b), using amounts 
available in the revolving fund established by the first section 
of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 
576), and not otherwise obligated, the Secretary may— 
(1) design, renovate, and construct additions to 2 buildings 
located on Hanscom Air Force Base in Bedford, Massachusetts, 
for the headquarters of the New England District of the Corps 
of Engineers; and 
(2) carry out such construction and infrastructure improve-
ments as are required to support the headquarters of the New 
England District of the Corps of Engineers, including any nec-
essary demolition of the existing infrastructure. 
(b) REQUIREMENT.—In carrying out subsection (a), the Secretary 
shall ensure that the revolving fund established by such first section 
is appropriately reimbursed from funds appropriated for programs 
that receive a benefit under this section. 
SEC. 1159. BUFFALO DISTRICT HEADQUARTERS. 
(a) IN GENERAL.—Subject to subsection (b), using amounts 
available in the revolving fund established by the first section 
of the Act of July 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 
576), and not otherwise obligated, the Secretary may— 
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130 STAT. 1667 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) design and construct a new building in Buffalo, New 
York, for the headquarters of the Buffalo District of the Corps 
of Engineers; and 
(2) carry out such construction and infrastructure improve-
ments as are required to support the headquarters and related 
installations and facilities of the Buffalo District of the Corps 
of Engineers, including any necessary demolition or renovation 
of the existing infrastructure. 
(b) REQUIREMENT.—In carrying out subsection (a), the Secretary 
shall ensure that the revolving fund established by such first section 
is appropriately reimbursed from funds appropriated for programs 
that receive a benefit under this section. 
SEC. 1160. FUTURE FACILITY INVESTMENT. 
The first section of the Act of July 27, 1953 (67 Stat. 199, 
chapter 245; 33 U.S.C. 576), is amended— 
(1) by striking ‘‘For establishment of a revolving fund’’ 
and inserting the following: 
‘‘(a) REVOLVING FUND.—For establishment of a revolving fund’’; 
and 
(2) by adding at the end the following: 
‘‘(b) PROHIBITION.— 
‘‘(1) IN GENERAL.—No funds may be expended or obligated 
from the revolving fund described in subsection (a) to newly 
construct, or perform a major renovation on, a building for 
use by the Corps of Engineers unless specifically authorized 
by law. 
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this subsection 
may be construed to— 
‘‘(A) change any authority provided under subchapter 
I of chapter 169 of title 10; or 
‘‘(B) change the use of funds under subsection (a) for 
purposes other than those described in paragraph (1). 
‘‘(c) TRANSMISSION TO CONGRESS OF PROSPECTUS.—To secure 
consideration for an authorization under subsection (b), the Sec-
retary shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representative and the Committee 
on Environment and Public Works of the Senate a prospectus 
of the proposed construction or major renovation of a building 
that includes— 
‘‘(1) a brief description of the building; 
‘‘(2) the location of the building; 
‘‘(3) an estimate of the maximum cost to be provided by 
the revolving fund for the building to be constructed or ren-
ovated; 
‘‘(4) the total size of the building after the proposed 
construction or major renovation; 
‘‘(5) the number of personnel proposed to be housed in 
the building after the construction or major renovation; 
‘‘(6) a statement that other suitable space owned by the 
Federal Government is not available; 
‘‘(7) a statement of rents and other housing costs currently 
being paid for the tenants proposed to be housed in the building; 
and 
‘‘(8) the size of the building currently housing the tenants 
proposed to be housed in the building. 
‘‘(d) PROVISION OF BUILDING PROJECT SURVEYS.— 
33 USC 701b–10. 
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130 STAT. 1668 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(1) IN GENERAL.—If requested by resolution by the Com-
mittee on Environment and Public Works of the Senate or 
the Committee on Transportation and Infrastructure of the 
House of Representatives, the Secretary shall create a building 
project survey for the construction or major renovation of a 
building described in subsection (b). 
‘‘(2) REPORT.—Within a reasonable time after creating a 
building project survey under paragraph (1), the Secretary shall 
submit to Congress a report on the survey that includes the 
information required to be included in a prospectus under sub-
section (c). 
‘‘(e) MAJOR RENOVATION DEFINED.—In this section, the term 
‘major renovation’ means a renovation or alteration of a building 
for use by the Corps of Engineers with a total expenditure of 
more than $20,000,000.’’. 
SEC. 1161. COMPLETION OF ECOSYSTEM RESTORATION PROJECTS. 
Section 2039 of the Water Resources Development Act of 2007 
(33 U.S.C. 2330a) is amended by adding at the end the following: 
‘‘(d) INCLUSIONS.—A monitoring plan under subsection (b) shall 
include a description of— 
‘‘(1) the types and number of restoration activities to be 
conducted; 
‘‘(2) the physical action to be undertaken to achieve the 
restoration objectives of the project; 
‘‘(3) the functions and values that will result from the 
restoration plan; and 
‘‘(4) a contingency plan for taking corrective actions in 
cases in which monitoring demonstrates that restoration meas-
ures are not achieving ecological success in accordance with 
criteria described in the monitoring plan. 
‘‘(e) CONCLUSION OF OPERATION AND MAINTENANCE RESPONSI-
BILITY.—The responsibility of a non-Federal interest for operation 
and maintenance of the nonstructural and nonmechanical elements 
of a project, or a component of a project, for ecosystem restoration 
shall cease 10 years after the date on which the Secretary makes 
a determination of success under subsection (b)(2). 
‘‘(f) FEDERAL OBLIGATIONS.—The Secretary is not responsible 
for the operation or maintenance of any components of a project 
with respect to which a non-Federal interest is released from obliga-
tions under subsection (e).’’. 
SEC. 1162. FISH AND WILDLIFE MITIGATION. 
Section 906 of the Water Resources Development Act of 1986 
(33 U.S.C. 2283) is amended— 
(1) in subsection (h)— 
(A) in paragraph (4)— 
(i) by redesignating subparagraphs (D) and (E) 
as subparagraphs (E) and (F), respectively; and 
(ii) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) include measures to protect or restore habitat 
connectivity;’’; 
(B) in paragraph (6)(C) by striking ‘‘impacts’’ and 
inserting 
‘‘impacts, 
including 
impacts 
to 
habitat 
connectivity’’; and 
(C) by striking paragraph (11) and inserting the fol-
lowing: 
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130 STAT. 1669 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(11) EFFECT.—Nothing in this subsection— 
‘‘(A) requires the Secretary to undertake additional 
mitigation for existing projects for which mitigation has 
already been initiated, including the addition of fish pas-
sage to an existing water resources development project; 
or 
‘‘(B) affects the mitigation responsibilities of the Sec-
retary under any other provision of law.’’; and 
(2) by adding at the end the following: 
‘‘(j) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—The Secretary, with the consent of the 
applicable non-Federal interest, may use funds made available 
for preconstruction engineering and design after authorization 
of project construction to satisfy mitigation requirements 
through third-party arrangements or to acquire interests in 
land necessary for meeting mitigation requirements under this 
section. 
‘‘(2) NOTIFICATION.—Prior to the expenditure of any funds 
for a project pursuant to paragraph (1), the Secretary shall 
notify the Committee on Appropriations and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Appropriations and the 
Committee on Environment and Public Works of the Senate. 
‘‘(k) MEASURES.—The Secretary shall consult with interested 
members of the public, the Director of the United States Fish 
and Wildlife Service, the Assistant Administrator for Fisheries of 
the National Oceanic and Atmospheric Administration, States, 
including State fish and game departments, and interested local 
governments to identify standard measures under subsection 
(h)(6)(C) that reflect the best available scientific information for 
evaluating habitat connectivity.’’. 
SEC. 1163. WETLANDS MITIGATION. 
Section 2036(c) of the Water Resources Development Act of 
2007 (33 U.S.C. 2317b) is amended to read as follows: 
‘‘(c) MITIGATION BANKS
AND IN-LIEU FEE ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Water Resources Development Act of 2016, 
the Secretary shall issue implementation guidance that pro-
vides for the consideration in water resources development 
feasibility studies of the entire amount of potential in-kind 
credits available at mitigation banks approved by the Secretary 
and in-lieu fee programs with an approved service area that 
includes the location of the projected impacts of the water 
resources development project. 
‘‘(2) REQUIREMENTS.—All potential mitigation bank and in- 
lieu fee credits that meet the criteria under paragraph (1) 
shall be considered a reasonable alternative for planning pur-
poses if— 
‘‘(A) the applicable mitigation bank— 
‘‘(i) 
has 
an 
approved 
mitigation 
banking 
instrument; and 
‘‘(ii) has completed a functional analysis of the 
potential credits using the approved Corps of Engineers 
certified habitat assessment model specific to the 
region; and 
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130 STAT. 1670 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(B) the Secretary determines that the use of such 
banks or in-lieu fee programs provide reasonable assurance 
that the statutory (and regulatory) mitigation requirements 
for a water resources development project are met, 
including monitoring or demonstrating mitigation success. 
‘‘(3) EFFECT.—Nothing in this subsection— 
‘‘(A) modifies or alters any requirement for a water 
resources development project to comply with applicable 
laws or regulations, including section 906 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2283); or 
‘‘(B) shall be construed as to limit mitigation alter-
natives or require the use of mitigation banks or in-lieu 
fee programs.’’. 
SEC. 1164. DEBRIS REMOVAL. 
Section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 
19; 33 U.S.C. 603a), is amended— 
(1) by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’; 
(2) by striking ‘‘accumulated snags and other debris’’ and 
inserting ‘‘accumulated snags, obstructions, and other debris 
located in or adjacent to a Federal channel’’; and 
(3) by striking ‘‘or flood control’’ and inserting ‘‘, flood 
control, or recreation’’. 
SEC. 1165. DISPOSITION STUDIES. 
(a) IN GENERAL.—In carrying out a disposition study for a 
project of the Corps of Engineers, including a disposition study 
under section 216 of the Flood Control Act of 1970 (33 U.S.C. 
549a) or an assessment under section 6002 of the Water Resources 
Reform and Development Act of 2014 (Public Law 113–121; 128 
Stat. 1349), the Secretary shall consider the extent to which the 
property concerned has economic, cultural, historic, or recreational 
significance or impacts at the national, State, or local level. 
(b) COMPLETION OF ASSESSMENT AND INVENTORY.—Not later 
than 1 year after the date of enactment of this Act, the Secretary 
shall complete the assessment and inventory required under section 
6002(a) of the Water Resources Reform and Development Act of 
2014 (Public Law 113–121; 128 Stat. 1349). 
SEC. 1166. TRANSFER OF EXCESS CREDIT. 
Section 1020(a) of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2223(a)) is amended— 
(1) by striking the subsection designation and heading and 
all that follows through ‘‘Subject to subsection (b)’’ and inserting 
the following: 
‘‘(a) APPLICATION OF CREDIT.— 
‘‘(1) IN GENERAL.—Subject to subsection (b)’’; and 
(2) by adding at the end the following: 
‘‘(2) APPLICATION PRIOR TO COMPLETION OF PROJECT.—On 
request of a non-Federal interest, the credit described in para-
graph (1) may be applied prior to completion of a study or 
project, if the credit amount is verified by the Secretary.’’. 
SEC. 1167. HURRICANE AND STORM DAMAGE REDUCTION. 
Section 3(c)(2)(B) of the Act of August 13, 1946 (60 Stat. 1056, 
chapter 960; 33 U.S.C. 426g(c)(2)(B)), is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 
33 USC 578a. 
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130 STAT. 1671 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1168. FISH HATCHERIES. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Secretary may operate a fish hatchery for the purpose of 
restoring a population of fish species located in the region sur-
rounding the fish hatchery that is listed as a threatened species 
or an endangered species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) or a similar State law. 
(b) COSTS.—A non-Federal entity, another Federal agency, or 
a group of non-Federal entities or other Federal agencies shall 
be responsible for 100 percent of the additional costs associated 
with managing a fish hatchery for the purpose described in sub-
section (a) that are not authorized as of the date of enactment 
of this Act for the fish hatchery. 
SEC. 1169. SHORE DAMAGE PREVENTION OR MITIGATION. 
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 
426i) is amended— 
(1) in subsection (b) by striking ‘‘measures’’ and all that 
follows through ‘‘project’’ and inserting ‘‘measures, including 
a study, shall be cost-shared in the same proportion as the 
cost-sharing provisions applicable to construction of the project’’; 
and 
(2) by adding at the end the following: 
‘‘(e) REIMBURSEMENT FOR FEASIBILITY STUDIES.—Beginning on 
the date of enactment of this subsection, in any case in which 
the Secretary implements a project under this section, the Secretary 
shall reimburse or credit the non-Federal interest for any amounts 
contributed for the study evaluating the damage in excess of the 
non-Federal share of the costs, as determined under subsection 
(b).’’. 
SEC. 1170. ENHANCING LAKE RECREATION OPPORTUNITIES. 
Section 3134 of the Water Resources Development Act of 2007 
(Public Law 110–114; 121 Stat. 1142) is amended by striking sub-
section (e). 
SEC. 1171. CREDIT IN LIEU OF REIMBURSEMENT. 
Section 1022 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2225) is amended— 
(1) in subsection (a) by striking ‘‘that has been constructed 
by a non-Federal interest under section 211 of the Water 
Resources Development Act of 1996 (33 U.S.C. 701b–13) before 
the date of enactment of this Act’’ and inserting ‘‘for which 
a written agreement with the Corps of Engineers for construc-
tion was finalized on or before December 31, 2014, under section 
211 of the Water Resources Development Act of 1996 (33 U.S.C. 
701b–13) (as it existed before the repeal made by section 
1014(c)(3))’’; and 
(2) in subsection (b) by striking ‘‘share of the cost of the 
non-Federal interest of carrying out other flood damage reduc-
tion projects or studies’’ and inserting ‘‘non-Federal share of 
the cost of carrying out other water resources development 
projects or studies of the non-Federal interest’’. 
SEC. 1172. EASEMENTS FOR ELECTRIC, TELEPHONE, OR BROADBAND 
SERVICE FACILITIES. 
(a) 
DEFINITION
OF
WATER
RESOURCES
DEVELOPMENT 
PROJECT.—In this section, the term ‘‘water resources development 
33 USC 2354. 
33 USC 2330b. 
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130 STAT. 1672 
PUBLIC LAW 114–322—DEC. 16, 2016 
project’’ means a project under the administrative jurisdiction of 
the Corps of Engineers that is subject to part 327 of title 36, 
Code of Federal Regulations (or successor regulations). 
(b) NO CONSIDERATION FOR EASEMENTS.—The Secretary may 
not collect consideration for an easement across water resources 
development project land for the electric, telephone, or broadband 
service facilities of nonprofit organizations eligible for financing 
under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.). 
(c) ADMINISTRATIVE EXPENSES.—Nothing in this section affects 
the authority of the Secretary under section 2695 of title 10, United 
States Code, or under section 9701 of title 31, United State Code, 
to collect funds to cover reasonable administrative expenses 
incurred by the Secretary. 
SEC. 1173. STUDY ON PERFORMANCE OF INNOVATIVE MATERIALS. 
(a) INNOVATIVE MATERIAL DEFINED.—In this section, the term 
‘‘innovative material’’, with respect to a water resources develop-
ment project, includes high performance concrete formulations, 
geosynthetic materials, advanced alloys and metals, reinforced 
polymer composites, including any coatings or other corrosion 
prevention methods used in conjunction with such materials, and 
any other material, as determined by the Secretary. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall offer to enter into 
a contract with the Transportation Research Board of the 
National Academy of Sciences— 
(A) to develop a proposal to study the use and perform-
ance of innovative materials in water resources develop-
ment projects carried out by the Corps of Engineers; and 
(B) after the opportunity for public comment provided 
in accordance with subsection (c), to carry out the study 
proposed under subparagraph (A). 
(2) CONTENTS.—The study under paragraph (1) shall iden-
tify— 
(A) the conditions that result in degradation of water 
resources infrastructure; 
(B) the capabilities of innovative materials in reducing 
degradation; 
(C) any statutory, fiscal, regulatory, or other barriers 
to the expanded successful use of innovative materials; 
(D) recommendations on including performance-based 
requirements for the incorporation of innovative materials 
into the Unified Facilities Guide Specifications; 
(E) recommendations on how greater use of innovative 
materials could increase performance of an asset of the 
Corps of Engineers in relation to extended service life; 
(F) additional ways in which greater use of innovative 
materials could empower the Corps of Engineers to accom-
plish the goals of the Strategic Plan for Civil Works of 
the Corps of Engineers; and 
(G) recommendations on any further research needed 
to improve the capabilities of innovative materials in 
achieving extended service life and reduced maintenance 
costs in water resources development infrastructure. 
(c) PUBLIC COMMENT.—After developing the study proposal 
under subsection (b)(1)(A) and before carrying out the study under 
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130 STAT. 1673 
PUBLIC LAW 114–322—DEC. 16, 2016 
subsection (b)(1)(B), the Secretary shall provide an opportunity 
for public comment on the study proposal. 
(d) CONSULTATION.—In carrying out the study under subsection 
(b)(1), the Secretary, at a minimum, shall consult with relevant 
experts on engineering, environmental, and industry considerations. 
(e) REPORT TO CONGRESS.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall submit to Congress 
a report describing the results of the study under subsection (b)(1). 
SEC. 1174. CONVERSION OF SURPLUS WATER AGREEMENTS. 
For the purposes of section 6 of the Act of December 22, 
1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in 
which a water supply agreement with a duration of 30 years or 
longer was predicated on water that was surplus to a purpose 
and provided for the complete payment of the actual investment 
costs of storage to be used, and that purpose is no longer authorized 
as of the date of enactment of this section, the Secretary shall 
provide to the non-Federal entity an opportunity to convert the 
agreement to a permanent storage agreement in accordance with 
section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), 
with the same payment terms incorporated in the agreement. 
SEC. 1175. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST 
FUND. 
Beginning on June 10, 2014, and ending on the date of the 
completion of the project for navigation, Lower Ohio River, Locks 
and Dams 52 and 53, Illinois and Kentucky, authorized by section 
3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 
4013), section 1001(b)(2) of the Water Resources Development Act 
of 1986 (33 U.S.C. 579a(b)(2)) shall not apply to any project author-
ized to receive funding from the Inland Waterways Trust Fund 
established by section 9506(a) of the Internal Revenue Code of 
1986. 
SEC. 1176. REHABILITATION ASSISTANCE. 
Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 
377; 33 U.S.C. 701n), is amended— 
(1) in subsection (a) by adding at the end the following: 
‘‘(3) NONSTRUCTURAL ALTERNATIVES DEFINED.—In this sub-
section, the term ‘nonstructural alternatives’ includes efforts 
to restore or protect natural resources, including streams, 
rivers, floodplains, wetlands, or coasts, if those efforts will 
reduce flood risk.’’; and 
(2) by adding at the end the following: 
‘‘(d) INCREASED LEVEL OF PROTECTION.—In conducting repair 
or restoration work under subsection (a), at the request of the 
non-Federal sponsor, the Chief of Engineers may increase the level 
of protection above the level to which the system was designed, 
or, if the repair or restoration includes repair or restoration of 
a pumping station, increase the capacity of a pump, if— 
‘‘(1) the Chief of Engineers determines the improvements 
are in the public interest, including consideration of whether— 
‘‘(A) the authority under this section has been used 
more than once at the same location; 
‘‘(B) there is an opportunity to decrease significantly 
the risk of loss of life and property damage; or 
‘‘(C) there is an opportunity to decrease total life cycle 
rehabilitation costs for the project; and 
33 USC 708 note. 
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130 STAT. 1674 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(2) the non-Federal sponsor agrees to pay the difference 
between the cost of repair or restoration to the original design 
level or original capacity and the cost of achieving the higher 
level of protection or capacity sought by the non-Federal 
sponsor. 
‘‘(e) NOTICE.—The Secretary shall notify and consult with the 
non-Federal 
sponsor 
regarding 
the 
opportunity 
to 
request 
implementation of nonstructural alternatives to the repair or res-
toration of a flood control work under subsection (a).’’. 
SEC. 1177. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
DAMS. 
(a) IN GENERAL.—If the Secretary determines that the project 
is feasible, the Secretary may carry out a project for the rehabilita-
tion of a dam described in subsection (b). 
(b) ELIGIBLE DAMS.—A dam eligible for assistance under this 
section is a dam— 
(1) that has been constructed, in whole or in part, by 
the Corps of Engineers for flood control purposes; 
(2) for which construction was completed before 1940; 
(3) that is classified as ‘‘high hazard potential’’ by the 
State dam safety agency of the State in which the dam is 
located; and 
(4) that is operated by a non-Federal entity. 
(c) COST SHARING.—Non-Federal interests shall provide 35 per-
cent of the cost of construction of any project carried out under 
this section, including provision of all land, easements, rights-of- 
way, and necessary relocations. 
(d) AGREEMENTS.—Construction of a project under this section 
shall be initiated only after a non-Federal interest has entered 
into a binding agreement with the Secretary— 
(1) to pay the non-Federal share of the costs of construction 
under subsection (c); and 
(2) to pay 100 percent of any operation, maintenance, and 
replacement and rehabilitation costs with respect to the project 
in accordance with regulations prescribed by the Secretary. 
(e) COST LIMITATION.—The Secretary shall not expend more 
than $10,000,000 for a project at any single dam under this section. 
(f) FUNDING.—There is authorized to be appropriated to carry 
out this section $10,000,000 for each of fiscal years 2017 through 
2026. 
SEC. 1178. COLUMBIA RIVER. 
(a) ECOSYSTEM RESTORATION.—Section 536(g) of the Water 
Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 
2662; 128 Stat. 1314) is amended by striking ‘‘$50,000,000’’ and 
inserting ‘‘$75,000,000’’. 
(b) WATERCRAFT INSPECTION STATIONS.—Section 104 of the 
River and Harbor Act of 1958 (33 U.S.C. 610) is amended— 
(1) in subsection (d)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary may establish, operate, and maintain new or existing 
watercraft inspection stations to protect the Columbia River 
Basin to be located in the States of Idaho, Montana, Oregon, 
and Washington at locations, as determined by the Secretary 
in consultation with such States, with the highest likelihood 
33 USC 467f–2 
note. 
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130 STAT. 1675 
PUBLIC LAW 114–322—DEC. 16, 2016 
of preventing the spread of aquatic invasive species at res-
ervoirs operated and maintained by the Secretary. The Sec-
retary shall also assist the States referred to in this paragraph 
with rapid response to any aquatic invasive species, including 
quagga or zebra mussel, infestation.’’; and 
(B) in paragraph (3)(A) by inserting ‘‘Governors of the’’ 
before ‘‘States’’; and 
(2) in subsection (e) by striking paragraph (3) and inserting 
the following: 
‘‘(3) assist States in early detection of aquatic invasive 
species, including quagga and zebra mussels; and’’. 
(c) TRIBAL ASSISTANCE.— 
(1) ASSISTANCE AUTHORIZED.— 
(A) IN GENERAL.—Upon the request of the Secretary 
of the Interior, the Secretary may provide assistance on 
land transferred by the Department of the Army to the 
Department of the Interior pursuant to title IV of Public 
Law 100–581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 
3762; 114 Stat. 2679; 118 Stat. 544) to Indian tribes dis-
placed as a result of the construction of the Bonneville 
Dam, Oregon. 
(B) CLARIFICATION.— 
(i) IN GENERAL.—The Secretary is authorized to 
provide the assistance described in subparagraph (A) 
based on information known or studies undertaken 
by the Secretary prior to the date of enactment of 
this subsection. 
(ii) ADDITIONAL STUDIES.—To the extent that the 
Secretary determines necessary, the Secretary is 
authorized to undertake additional studies to further 
examine any impacts to Indian tribes identified in 
subparagraph (A) beyond any information or studies 
identified under clause (i), except that the Secretary 
is authorized to provide the assistance described in 
subparagraph (A) based solely on information known 
or studies undertaken by the Secretary prior to the 
date of enactment of this subsection. 
(2) STUDY OF IMPACTS OF JOHN DAY DAM, OREGON.—The 
Secretary shall— 
(A) conduct a study to determine the number of Indian 
tribes displaced by the construction of the John Day Dam, 
Oregon; and 
(B) recommend to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the 
Senate a plan to provide assistance to Indian tribes dis-
placed as a result of the construction of the John Day 
Dam, Oregon. 
SEC. 1179. MISSOURI RIVER. 
(a) RESERVOIR SEDIMENT MANAGEMENT.— 
(1) DEFINITION OF SEDIMENT MANAGEMENT PLAN.—In this 
subsection, the term ‘‘sediment management plan’’ means a 
plan for preventing sediment from reducing water storage 
capacity at a reservoir and increasing water storage capacity 
through sediment removal at a reservoir. 
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130 STAT. 1676 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) UPPER MISSOURI RIVER BASIN PILOT PROGRAM.—The Sec-
retary shall carry out a pilot program for the development 
and implementation of sediment management plans for res-
ervoirs owned and operated by the Secretary in the Upper 
Missouri River Basin, on request by project beneficiaries. 
(3) PLAN ELEMENTS.—A sediment management plan under 
paragraph (2) shall— 
(A) provide opportunities for project beneficiaries and 
other stakeholders to participate in sediment management 
decisions; 
(B) evaluate the volume of sediment in a reservoir 
and impacts on storage capacity; 
(C) identify preliminary sediment management options, 
including sediment dikes and dredging; 
(D) identify constraints; 
(E) assess technical feasibility, economic justification, 
and environmental impacts; 
(F) identify beneficial uses for sediment; and 
(G) to the maximum extent practicable, use, develop, 
and demonstrate innovative, cost-saving technologies, 
including structural and nonstructural technologies and 
designs, to manage sediment. 
(4) COST SHARE.—The beneficiaries requesting a sediment 
management plan shall share in the cost of development and 
implementation of the plan and such cost shall be allocated 
among the beneficiaries in accordance with the benefits to 
be received. 
(5) CONTRIBUTED FUNDS.—The Secretary may accept funds 
from non-Federal interests and other Federal agencies to 
develop and implement a sediment management plan under 
this subsection. 
(6) GUIDANCE.—The Secretary shall use the knowledge 
gained through the development and implementation of sedi-
ment management plans under paragraph (2) to develop guid-
ance for sediment management at other reservoirs. 
(7) PARTNERSHIP WITH SECRETARY OF THE INTERIOR.— 
(A) IN GENERAL.—The Secretary shall carry out the 
pilot program established under this subsection in partner-
ship with the Secretary of the Interior, and the program 
may apply to reservoirs managed or owned by the Bureau 
of Reclamation on execution of a memorandum of agree-
ment between the Secretary and the Secretary of the 
Interior establishing the framework for a partnership and 
the terms and conditions for sharing expertise and 
resources. 
(B) LEAD AGENCY.—The Secretary that has primary 
jurisdiction over a reservoir shall take the lead in devel-
oping and implementing a sediment management plan for 
that reservoir. 
(8) OTHER AUTHORITIES NOT AFFECTED.—Nothing in this 
subsection affects sediment management or the share of costs 
paid by Federal and non-Federal interests relating to sediment 
management under any other provision of law (including regu-
lations). 
(b) SNOWPACK
AND DROUGHT MONITORING.—Section 4003(a) 
of the Water Resources Reform and Development Act of 2014 (Public 
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130 STAT. 1677 
PUBLIC LAW 114–322—DEC. 16, 2016 
Law 113–121; 128 Stat. 1310) is amended by adding at the end 
the following: 
‘‘(5) LEAD AGENCY.—The Corps of Engineers shall be the 
lead agency for carrying out and coordinating the activities 
described in paragraph (1).’’. 
SEC. 1180. CHESAPEAKE BAY OYSTER RESTORATION. 
Section 704(b)(1) of the Water Resources Development Act of 
1986 (33 U.S.C. 2263(b)(1)) is amended by striking ‘‘$60,000,000’’ 
and inserting ‘‘$100,000,000’’. 
SEC. 1181. SALTON SEA, CALIFORNIA. 
(a) IN GENERAL.—Section 3032 of the Water Resources Develop-
ment Act of 2007 (Public Law 110–114; 121 Stat. 1113) is 
amended— 
(1) in the section heading by inserting ‘‘PROGRAM’’ after 
‘‘RESTORATION’’; 
(2) in subsection (b)— 
(A) in the subsection heading by striking ‘‘PILOT 
PROJECTS’’ and inserting ‘‘PROGRAM’’; 
(B) in paragraph (1)— 
(i) by redesignating subparagraphs (A) and (B) 
as subparagraphs (B) and (C), respectively; 
(ii) by inserting before subparagraph (B) (as so 
redesignated) the following: 
‘‘(A) ESTABLISHMENT.—The Secretary shall carry out 
a program to implement projects to restore the Salton 
Sea in accordance with this section.’’; 
(iii) in subparagraph (B) (as redesignated by clause 
(i)) by striking ‘‘the pilot’’; and 
(iv) in subparagraph (C)(i) (as redesignated by 
clause (i))— 
(I) in the matter preceding subclause (I), by 
striking ‘‘the pilot projects referred to in subpara-
graph (A)’’ and inserting ‘‘the projects referred to 
in subparagraph (B)’’; 
(II) in subclause (I) by inserting ‘‘, Salton Sea 
Authority, or other non-Federal interest’’ before 
the semicolon; and 
(III) in subclause (II) by striking ‘‘pilot’’; 
(C) in paragraph (2), in the matter preceding subpara-
graph (A), by striking ‘‘pilot’’; and 
(D) in paragraph (3)— 
(i) by striking ‘‘pilot’’ each place it appears; and 
(ii) by inserting ‘‘, Salton Sea Authority, or other 
non-Federal interest’’ after ‘‘State’’; and 
(3) in subsection (c) by striking ‘‘pilot’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Water Resources Development Act of 2007 (Public Law 
110–114; 121 Stat. 1041) is amended by striking the item relating 
to section 3032 and inserting the following: 
‘‘3032. Salton Sea restoration program, California.’’. 
SEC. 1182. ADJUSTMENT. 
Section 219(f) of the Water Resources Development Act of 1992 
(Public Law 102–580) is amended— 
(1) in paragraph (25) (113 Stat. 336)— 
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130 STAT. 1678 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) by inserting ‘‘Berkeley,’’ before ‘‘Calhoun,’’; and 
(B) by striking ‘‘Orangeberg, and Sumter’’ and inserting 
‘‘and Orangeberg’’; and 
(2) in paragraph (78) (121 Stat. 1258)— 
(A) in the paragraph heading by striking ‘‘ST. CLAIR 
COUNTY,’’ and inserting ‘‘ST. 
CLAIR
COUNTY, 
BLOUNT 
COUNTY, AND CULLMAN COUNTY,’’; and 
(B) by striking ‘‘St. Clair County,’’ and inserting ‘‘St. 
Clair County, Blount County, and Cullman County,’’. 
SEC. 1183. COASTAL ENGINEERING. 
(a) IN GENERAL.—Section 4014(b) of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is 
amended— 
(1) in paragraph (1) by inserting ‘‘Indian tribes,’’ after 
‘‘nonprofit organizations,’’; 
(2) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(3) by inserting after paragraph (2) the following: 
‘‘(3) give priority to projects in communities the existence 
of which is threatened by rising sea level, including projects 
relating to shoreline restoration, tidal marsh restoration, dunal 
habitats to protect coastal infrastructure, reduction of future 
and existing emergency repair costs, and the beneficial reuse 
of dredged materials;’’. 
(b) INTERAGENCY COORDINATION ON COASTAL RESILIENCE.— 
(1) IN GENERAL.—The Secretary shall convene an inter-
agency working group on resilience to extreme weather, which 
will coordinate research, data, and Federal investments related 
to sea level rise, resiliency, and vulnerability to extreme 
weather, including coastal resilience. 
(2) CONSULTATION.—The interagency working group con-
vened under paragraph (1) shall participate in any activity 
carried out by an organization authorized by a State to study 
and issue recommendations on how to address the impacts 
on Federal assets of recurrent flooding and sea level rise, 
including providing consultation regarding policies, programs, 
studies, plans, and best practices relating to recurrent flooding 
and sea level rise in areas with significant Federal assets. 
(c) REGIONAL ASSESSMENTS.— 
(1) IN
GENERAL.—The Secretary may conduct regional 
assessments of coastal and back bay protection and of Federal 
and State policies and programs related to coastal water 
resources, including— 
(A) an assessment of the probability and the extent 
of coastal flooding and erosion, including back bay and 
estuarine flooding; 
(B) recommendations for policies and other measures 
related to regional Federal, State, local, and private partici-
pation in shoreline and back bay protection projects; 
(C) an evaluation of the performance of existing Fed-
eral coastal storm damage reduction, ecosystem restoration, 
and navigation projects, including recommendations for the 
improvement of those projects; and 
(D) recommendations for the demonstration of meth-
odologies for resilience through the use of natural and 
nature-based infrastructure approaches, as appropriate. 
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130 STAT. 1679 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) COOPERATION.—In carrying out paragraph (1), the Sec-
retary shall cooperate with— 
(A) heads of appropriate Federal agencies; 
(B) States that have approved coastal management 
programs and appropriate agencies of those States; 
(C) local governments; and 
(D) the private sector. 
(d) STREAMLINING.—In carrying out this section, the Secretary 
shall— 
(1) to the maximum extent practicable, use existing 
research done by Federal, State, regional, local, and private 
entities to eliminate redundancies and related costs; 
(2) receive from any of the entities described in subsection 
(c)(2)— 
(A) contributed funds; or 
(B) research that may be eligible for credit as work- 
in-kind under applicable Federal law; and 
(3) enable each District or combination of Districts of the 
Corps of Engineers that jointly participate in carrying out an 
assessment under this section to consider regionally appropriate 
engineering, biological, ecological, social, economic, and other 
factors in carrying out the assessment. 
(e) REPORTS.—The Secretary shall submit in the 2019 annual 
report submitted to Congress in accordance with section 8 of the 
Act of August 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 
556), and section 925(b) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2295(b)) all reports and recommendations pre-
pared under this section, together with any necessary supporting 
documentation. 
SEC. 1184. CONSIDERATION OF MEASURES. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) NATURAL FEATURE.—The term ‘‘natural feature’’ means 
a feature that is created through the action of physical, 
geological, biological, and chemical processes over time. 
(2) NATURE-BASED FEATURE.—The term ‘‘nature-based fea-
ture’’ means a feature that is created by human design, 
engineering, and construction to provide risk reduction in 
coastal areas by acting in concert with natural processes. 
(b) REQUIREMENT.—In studying the feasibility of projects for 
flood risk management, hurricane and storm damage reduction, 
and ecosystem restoration the Secretary shall, with the consent 
of the non-Federal sponsor of the feasibility study, consider, as 
appropriate— 
(1) natural features; 
(2) nature-based features; 
(3) nonstructural measures; and 
(4) structural measures. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1, 2020, and 
5 and 10 years thereafter, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of 
the House of Representatives a report on the implementation 
of subsection (b). 
33 USC 2289a. 
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130 STAT. 1680 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) CONTENTS.—The report under paragraph (1) shall 
include, at a minimum, the following: 
(A) A description of guidance or instructions issued, 
and other measures taken, by the Secretary and the Chief 
of Engineers to implement subsection (b). 
(B) An assessment of the costs, benefits, impacts, and 
trade-offs associated with measures recommended by the 
Secretary for coastal risk reduction and the effectiveness 
of those measures. 
(C) A description of any statutory, fiscal, or regulatory 
barriers to the appropriate consideration and use of a full 
array of measures for coastal risk reduction. 
SEC. 1185. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Secretary— 
(1) shall include a 60-day public comment period for the 
Table Rock Lake Master Plan and Table Rock Lake Shoreline 
Management Plan revision; and 
(2) shall finalize the revision for the Table Rock Lake 
Master Plan and Table Rock Lake Shoreline Management Plan 
during the 2-year period beginning on the date of enactment 
of this Act. 
(b) SHORELINE USE PERMITS.—During the period described in 
subsection (a)(2), the Secretary shall lift or suspend the moratorium 
on the issuance of new, and modifications to existing, shoreline 
use permits based on the existing Table Rock Lake Master Plan 
and Table Rock Lake Shoreline Management Plan. 
(c) OVERSIGHT COMMITTEE.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of enactment of this Act, the Secretary shall establish an over-
sight committee (referred to in this subsection as the ‘‘Com-
mittee’’). 
(2) PURPOSES.—The purposes of the Committee shall be— 
(A) to review any permit to be issued under the existing 
Table Rock Lake Master Plan at the recommendation of 
the District Engineer; and 
(B) to advise the District Engineer on revisions to 
the new Table Rock Lake Master Plan and Table Rock 
Lake Shoreline Management Plan. 
(3) MEMBERSHIP.—The membership of the Committee shall 
not exceed 6 members and shall include— 
(A) not more than 1 representative each from the State 
of Missouri and the State of Arkansas; 
(B) not more than 1 representative each from local 
economic development organizations with jurisdiction over 
Table Rock Lake; and 
(C) not more than 1 representative each representing 
the boating and conservation interests of Table Rock Lake. 
(4) STUDY.—The Secretary shall— 
(A) carry out a study on the need to revise permit 
fees relating to Table Rock Lake to better reflect the cost 
of issuing those permits and achieve cost savings; 
(B) submit to Congress a report on the results of the 
study described in subparagraph (A); and 
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130 STAT. 1681 
PUBLIC LAW 114–322—DEC. 16, 2016 
(C) begin implementation of a new permit fee structure 
based on the findings of the study described in subpara-
graph (A). 
SEC. 1186. RURAL WESTERN WATER. 
Section 595 of the Water Resources Development Act of 1999 
(Public Law 106–53; 113 Stat. 383; 128 Stat. 1316) is amended— 
(1) by redesignating subsection (h) as subsection (i); 
(2) by inserting after subsection (g) the following: 
‘‘(h) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Assistance under this section shall be 
made available to all eligible States and locales described in 
subsection (b) consistent with program priorities determined 
by the Secretary in accordance with criteria developed by the 
Secretary to establish the program priorities. 
‘‘(2) SELECTION
OF
PROJECTS.—In selecting projects for 
assistance under this section, the Secretary shall give priority 
to a project located in an eligible State or local entity for 
which the project sponsor is prepared to— 
‘‘(A) execute a new or amended project cooperation 
agreement; and 
‘‘(B) commence promptly after the date of enactment 
of the Water Resources Development Act of 2016. 
‘‘(3) RURAL
PROJECTS.—The Secretary shall consider a 
project authorized under this section and an environmental 
infrastructure project authorized under section 219 of the Water 
Resources Development Act of 1992 (Public Law 102–580; 106 
Stat. 4835) for new starts on the same basis as any other 
similarly funded project.’’; and 
(3) in subsection (i) (as redesignated by paragraph (1)) 
by striking ‘‘which shall—’’ and all that follows through 
‘‘remain’’ and inserting ‘‘to remain’’. 
SEC. 1187. INTERSTATE COMPACTS. 
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) 
is amended by striking subsection (f). 
SEC. 1188. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) State water quality standards that impact the disposal 
of dredged material should be developed collaboratively, with 
input from all relevant stakeholders; 
(2) open-water disposal of dredged material should be 
reduced to the maximum extent practicable; and 
(3) where practicable, the preference is for disputes between 
States related to the disposal of dredged material and the 
protection of water quality to be resolved between the States 
in accordance with regional plans and with the involvement 
of regional bodies. 
SEC. 1189. DREDGED MATERIAL DISPOSAL. 
Disposal of dredged material shall not be considered environ-
mentally acceptable for the purposes of identifying the Federal 
standard (as defined in section 335.7 of title 33, Code of Federal 
Regulations (or successor regulations)) if the disposal violates 
applicable State water quality standards approved by the Adminis-
trator of the Environmental Protection Agency under section 303 
of the Federal Water Pollution Control Act (33 U.S.C. 1313). 
33 USC 1344 
note. 
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130 STAT. 1682 
PUBLIC LAW 114–322—DEC. 16, 2016 
Subtitle B—Studies 
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES. 
The Secretary is authorized to conduct a feasibility study for 
the following projects for water resources development and con-
servation and other purposes, as identified in the reports titled 
‘‘Report to Congress on Future Water Resources Development’’ sub-
mitted to Congress on January 29, 2015, and January 29, 2016, 
respectively, pursuant to section 7001 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise 
reviewed by Congress: 
(1) OUACHITA-BLACK RIVERS, ARKANSAS AND LOUISIANA.— 
Project for navigation, Ouachita-Black Rivers, Arkansas and 
Louisiana. 
(2) CACHE CREEK SETTLING BASIN, CALIFORNIA.—Project for 
flood damage reduction and ecosystem restoration, Cache Creek 
Settling Basin, California. 
(3) COYOTE VALLEY DAM, CALIFORNIA.—Project for flood con-
trol, water conservation, and related purposes, Russian River 
Basin, California, authorized by the River and Harbor Act 
of 1950 (64 Stat. 177), to modify the Coyote Valley Dam to 
add environmental restoration as a project purpose and to 
increase water supply and improve reservoir operations. 
(4) DEL ROSA CHANNEL, CITY OF SAN BERNARDINO, CALI-
FORNIA.—Project for flood damage reduction and ecosystem res-
toration, Del Rosa Channel, city of San Bernardino, California. 
(5) MERCED
COUNTY
STREAMS, CALIFORNIA.—Project for 
flood damage reduction, Merced County Streams, California. 
(6) MISSION-ZANJA CHANNEL, CITIES OF SAN BERNARDINO 
AND REDLANDS, CALIFORNIA.—Project for flood damage reduction 
and ecosystem restoration, Mission-Zanja Channel, cities of 
San Bernardino and Redlands, California. 
(7) SOBOBA INDIAN RESERVATION, CALIFORNIA.—Project for 
flood damage reduction, Soboba Indian Reservation, California. 
(8) INDIAN RIVER INLET, DELAWARE.—Project for hurricane 
and storm damage reduction, Indian River Inlet, Delaware. 
(9) LEWES BEACH, DELAWARE.—Project for hurricane and 
storm damage reduction, Lewes Beach, Delaware. 
(10) MISPILLION
COMPLEX, KENT
AND
SUSSEX
COUNTIES, 
DELAWARE.—Project for hurricane and storm damage reduction, 
Mispillion Complex, Kent and Sussex Counties, Delaware. 
(11) DAYTONA BEACH, FLORIDA.—Project for flood damage 
reduction, Daytona Beach, Florida. 
(12) BRUNSWICK HARBOR, GEORGIA.—Project for navigation, 
Brunswick Harbor, Georgia. 
(13) DUBUQUE, IOWA.—Project for flood damage reduction, 
Dubuque, Iowa. 
(14) ST. TAMMANY
PARISH, LOUISIANA.—Project for flood 
damage reduction and ecosystem restoration, St. Tammany 
Parish, Louisiana. 
(15) CATTARAUGUS
CREEK, NEW
YORK.—Project for flood 
damage reduction, Cattaraugus Creek, New York. 
(16) CAYUGA INLET, ITHACA, NEW YORK.—Project for naviga-
tion and flood damage reduction, Cayuga Inlet, Ithaca, New 
York. 
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130 STAT. 1683 
PUBLIC LAW 114–322—DEC. 16, 2016 
(17) DELAWARE
RIVER
BASIN, NEW
YORK, NEW
JERSEY, 
PENNSYLVANIA, AND DELAWARE.—Projects for flood control, Dela-
ware River Basin, New York, New Jersey, Pennsylvania, and 
Delaware, authorized by section 408 of the Act of July 24, 
1946 (60 Stat. 644, chapter 596), and section 203 of the Flood 
Control Act of 1962 (76 Stat. 1182), to review operations of 
the projects to enhance opportunities for ecosystem restoration 
and water supply. 
(18) SILVER CREEK, HANOVER, NEW YORK.—Project for flood 
damage reduction and ecosystem restoration, Silver Creek, 
Hanover, New York. 
(19) STONYCREEK AND LITTLE CONEMAUGH RIVERS, PENNSYL-
VANIA.—Project for flood damage reduction and recreation, 
Stonycreek and Little Conemaugh Rivers, Pennsylvania. 
(20) TIOGA-HAMMOND
LAKE, PENNSYLVANIA.—Project for 
ecosystem restoration, Tioga-Hammond Lake, Pennsylvania. 
(21) BRAZOS
RIVER, FORT
BEND
COUNTY, TEXAS.—Project 
for flood damage reduction in the vicinity of the Brazos River, 
Fort Bend County, Texas. 
(22) CHACON CREEK, CITY OF LAREDO, TEXAS.—Project for 
flood damage reduction, ecosystem restoration, and recreation, 
Chacon Creek, city of Laredo, Texas. 
(23) CORPUS
CHRISTI
SHIP
CHANNEL, TEXAS.—Project for 
navigation, Corpus Christi Ship Channel, Texas. 
(24) CITY OF EL PASO, TEXAS.—Project for flood damage 
reduction, city of El Paso, Texas. 
(25) 
GULF
INTRACOASTAL
WATERWAY, 
BRAZORIA
AND 
MATAGORDA
COUNTIES, TEXAS.—Project for navigation and 
hurricane and storm damage reduction, Gulf Intracoastal 
Waterway, Brazoria and Matagorda Counties, Texas. 
(26) PORT OF BAY CITY, TEXAS.—Project for navigation, Port 
of Bay City, Texas. 
(27) CHINCOTEAGUE ISLAND, VIRGINIA.—Project for hurri-
cane and storm damage reduction, navigation, and ecosystem 
restoration, Chincoteague Island, Virginia. 
(28) BURLEY
CREEK
WATERSHED, KITSAP
COUNTY, WASH-
INGTON.—Project for flood damage reduction and ecosystem 
restoration, Burley Creek Watershed, Kitsap County, Wash-
ington. 
(29) SAVANNAH RIVER BELOW AUGUSTA, GEORGIA.—Project 
for ecosystem restoration, water supply, recreation, and flood 
control, Savannah River below Augusta, Georgia. 
(30) JOHNSTOWN, PENNSYLVANIA.—Project for flood damage 
reduction, Johnstown, Pennsylvania. 
SEC. 1202. ADDITIONAL STUDIES. 
(a) TULSA AND WEST TULSA, ARKANSAS RIVER, OKLAHOMA.— 
(1) IN GENERAL.—The Secretary shall conduct a study to 
determine the feasibility of modifying the projects for flood 
risk management, Tulsa and West Tulsa, Oklahoma, authorized 
by section 3 of the Act of August 18, 1941 (55 Stat. 645, 
chapter 377). 
(2) REQUIREMENTS.—In carrying out the study under para-
graph (1), the Secretary shall address project deficiencies, 
uncertainties, and significant data gaps, including material, 
construction, and subsurface, which render the project at risk 
of overtopping, breaching, or system failure. 
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130 STAT. 1684 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) PRIORITIZATION TO ADDRESS SIGNIFICANT RISKS.—In any 
case in which a levee or levee system (as defined in section 
9002 of the Water Resources Development Act of 2007 (33 
U.S.C. 3301)) is classified as Class I or II under the levee 
safety action classification tool developed by the Corps of Engi-
neers, the Secretary shall expedite the project for budget consid-
eration. 
(b) CINCINNATI, OHIO.— 
(1) REVIEW.—The Secretary shall review the Central River-
front Park Master Plan, dated December 1999, and the Ohio 
Riverfront Study, Cincinnati, Ohio, dated August 2002, to deter-
mine the feasibility of carrying out flood risk reduction, eco-
system restoration, and recreation components beyond the eco-
system restoration and recreation components that were under-
taken pursuant to section 5116 of the Water Resources Develop-
ment Act of 2007 (Public Law 110–114; 121 Stat. 1238) as 
a second phase of that project. 
(2) AUTHORIZATION.—The project authorized under section 
5116 of the Water Resources Development Act of 2007 (Public 
Law 110–114; 121 Stat. 1238) is modified to authorize the 
Secretary to undertake the additional flood risk reduction and 
ecosystem restoration components described in paragraph (1), 
at a total cost of $30,000,000, if the Secretary determines 
that the additional flood risk reduction, ecosystem restoration, 
and recreation components, considered together, are feasible. 
(c) ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.— 
Section 2105 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2243) is amended— 
(1) by striking ‘‘(25 U.S.C. 450b))’’ each place it appears 
and inserting ‘‘(25 U.S.C. 5304)) and a Native village, Regional 
Corporation, or Village Corporation (as those terms are defined 
in section 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)’’; 
(2) in subsection (d) by striking ‘‘the Secretary of Homeland 
Security’’ and inserting ‘‘the Secretary of the department in 
which the Coast Guard is operating’’; and 
(3) by adding at the end the following: 
‘‘(e) CONSIDERATION OF NATIONAL SECURITY INTERESTS.—In car-
rying out a study of the feasibility of an Arctic deep draft port, 
the Secretary— 
‘‘(1) shall consult with the Secretary of the department 
in which the Coast Guard is operating to identify benefits 
in carrying out the missions specified in section 888 of the 
Homeland Security Act of 2002 (6 U.S.C. 468) associated with 
an Arctic deep draft port; 
‘‘(2) shall consult with the Secretary of Defense to identify 
national security benefits associated with an Arctic deep draft 
port; and 
‘‘(3) may consider such benefits in determining whether 
an Arctic deep draft port is feasible.’’. 
(d) MISSISSIPPI RIVER SHIP CHANNEL, GULF TO BATON ROUGE, 
LOUISIANA.—The Secretary shall conduct a study to determine the 
feasibility of modifying the project for navigation, Mississippi River 
Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by sec-
tion 201(a) of the Harbor Development and Navigation Improvement 
Act of 1986 (Public Law 99–662; 100 Stat. 4090), to deepen the 
channel approaches and the associated area on the left descending 
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130 STAT. 1685 
PUBLIC LAW 114–322—DEC. 16, 2016 
bank of the Mississippi River between mile 98.3 and mile 100.6 
Above Head of Passes (AHP) to a depth equal to the Channel. 
SEC. 1203. NORTH ATLANTIC COASTAL REGION. 
Section 4009 of the Water Resources Reform and Development 
Act of 2014 (Public Law 113–121; 128 Stat. 1316) is amended— 
(1) in subsection (a) by striking ‘‘conduct a study to deter-
mine the feasibility of carrying out projects’’ and inserting 
‘‘carry out a comprehensive assessment and management plan’’; 
(2) in subsection (b)— 
(A) in the subsection heading by striking ‘‘STUDY’’ and 
inserting ‘‘ASSESSMENT AND PLAN’’; and 
(B) in the matter preceding paragraph (1) by striking 
‘‘study’’ and inserting ‘‘assessment and plan’’; and 
(3) in subsection (c)(1) by striking ‘‘study’’ and inserting 
‘‘assessment and plan’’. 
SEC. 1204. SOUTH ATLANTIC COASTAL STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a study of the 
coastal areas located within the geographical boundaries of the 
South Atlantic Division of the Corps of Engineers to identify the 
risks and vulnerabilities of those areas to increased hurricane and 
storm damage as a result of sea level rise. 
(b) REQUIREMENTS.—In carrying out the study under subsection 
(a), the Secretary shall— 
(1) conduct a comprehensive analysis of current hurricane 
and storm damage reduction measures with an emphasis on 
regional sediment management practices to sustainably main-
tain or enhance current levels of storm protection; 
(2) identify risks and coastal vulnerabilities in the areas 
affected by sea level rise; 
(3) recommend measures to address the vulnerabilities 
described in paragraph (2); and 
(4) develop a long-term strategy for— 
(A) addressing increased hurricane and storm damages 
that result from rising sea levels; and 
(B) identifying opportunities to enhance resiliency, 
increase sustainability, and lower risks in— 
(i) populated areas; 
(ii) areas of concentrated economic development; 
and 
(iii) 
areas 
with 
vulnerable 
environmental 
resources. 
(c) REPORT.—Not later than 4 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
a report recommending specific and detailed actions to address 
the risks and vulnerabilities of the areas described in subsection 
(a) due to increased hurricane and storm damage as a result of 
sea level rise. 
SEC. 1205. TEXAS COASTAL AREA. 
In carrying out the comprehensive plan authorized by section 
4091 of the Water Resources Development Act of 2007 (Public 
Law 110–114; 121 Stat. 1187), the Secretary shall consider studies, 
data, and information developed by the Gulf Coast Community 
Protection and Recovery District to expedite completion of the plan. 
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130 STAT. 1686 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 1206. UPPER MISSISSIPPI AND ILLINOIS RIVERS. 
(a) IN GENERAL.—The Secretary shall conduct a study of the 
riverine areas located within the Upper Mississippi River and 
Illinois River basins to identify the risks and vulnerabilities of 
those areas to increased flood damages. 
(b) REQUIREMENTS.—In carrying out the study under subsection 
(a), the Secretary shall— 
(1) conduct a comprehensive analysis of flood risk manage-
ment measures to maintain or enhance current levels of protec-
tion; 
(2) identify risks and vulnerabilities in the areas affected 
by flooding; 
(3) recommend specific measures and actions to address 
the risks and vulnerabilities described in paragraph (2); 
(4) coordinate with the heads of other appropriate Federal 
agencies, the Governors of the States within the Upper Mis-
sissippi and Illinois River basins, the appropriate levee and 
drainage districts, nonprofit organizations, and other interested 
parties; 
(5) develop basinwide hydrologic models for the Upper Mis-
sissippi River System and improve analytical methods needed 
to produce scientifically based recommendations for improve-
ments to flood risk management; and 
(6) develop a long-term strategy for— 
(A) addressing increased flood damages; and 
(B) identifying opportunities to enhance resiliency, 
increase sustainability, and lower risks in— 
(i) populated areas; 
(ii) areas of concentrated economic development; 
and 
(iii) 
areas 
with 
vulnerable 
environmental 
resources. 
(c) REPORT.—Not later than 4 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
and make publicly available a report describing the results of the 
study conducted under subsection (b). 
SEC. 1207. KANAWHA RIVER BASIN. 
The Secretary shall conduct studies to determine the feasibility 
of implementing projects for flood risk management, ecosystem 
restoration, navigation, water supply, recreation, and other water 
resource related purposes within the Kanawha River Basin, West 
Virginia, Virginia, and North Carolina. 
Subtitle C—Deauthorizations, 
Modifications, and Related Provisions 
SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to identify $10,000,000,000 in water resources develop-
ment projects authorized by Congress that are no longer viable 
for construction due to— 
(A) a lack of local support; 
33 USC 579d. 
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130 STAT. 1687 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) a lack of available Federal or non-Federal 
resources; or 
(C) an authorizing purpose that is no longer relevant 
or feasible; 
(2) to create an expedited and definitive process for Con-
gress to deauthorize water resources development projects that 
are no longer viable for construction; and 
(3) to allow the continued authorization of water resources 
development projects that are viable for construction. 
(b) INTERIM DEAUTHORIZATION LIST.— 
(1) IN GENERAL.—The Secretary shall develop an interim 
deauthorization list that identifies— 
(A) each water resources development project, or sepa-
rable element of a project, authorized for construction 
before November 8, 2007, for which— 
(i) planning, design, or construction was not initi-
ated before the date of enactment of this Act; or 
(ii) planning, design, or construction was initiated 
before the date of enactment of this Act, but for which 
no funds, Federal or non-Federal, were obligated for 
planning, design, or construction of the project or sepa-
rable element of the project during the current fiscal 
year or any of the 6 preceding fiscal years; and 
(B) each project or separable element identified and 
included on a list to Congress for deauthorization pursuant 
to section 1001(b)(2) of the Water Resources Development 
Act of 1986 (33 U.S.C. 579a(b)(2)). 
(2) PUBLIC COMMENT AND CONSULTATION.— 
(A) IN GENERAL.—The Secretary shall solicit comments 
from the public and the Governors of each applicable State 
on the interim deauthorization list developed under para-
graph (1). 
(B) COMMENT
PERIOD.—The public comment period 
shall be 90 days. 
(3) SUBMISSION TO CONGRESS; PUBLICATION.—Not later than 
90 days after the date of the close of the comment period 
under paragraph (2), the Secretary shall— 
(A) submit a revised interim deauthorization list to 
the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives; and 
(B) publish the revised interim deauthorization list 
in the Federal Register. 
(c) FINAL DEAUTHORIZATION LIST.— 
(1) IN
GENERAL.—The Secretary shall develop a final 
deauthorization list of water resources development projects, 
or separable elements of projects, from the revised interim 
deauthorization list described in subsection (b)(3). 
(2) DEAUTHORIZATION AMOUNT.— 
(A) PROPOSED FINAL LIST.—The Secretary shall prepare 
a proposed final deauthorization list of projects and sepa-
rable elements of projects that have, in the aggregate, 
an estimated Federal cost to complete that is at least 
$10,000,000,000. 
(B) DETERMINATION OF FEDERAL COST TO COMPLETE.— 
For purposes of subparagraph (A), the Federal cost to com-
plete shall take into account any allowances authorized 
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130 STAT. 1688 
PUBLIC LAW 114–322—DEC. 16, 2016 
by section 902 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2280), as applied to the most recent 
project schedule and cost estimate. 
(3) IDENTIFICATION OF PROJECTS.— 
(A) SEQUENCING OF PROJECTS.— 
(i) IN
GENERAL.—The Secretary shall identify 
projects and separable elements of projects for inclusion 
on the proposed final deauthorization list according 
to the order in which the projects and separable ele-
ments of the projects were authorized, beginning with 
the earliest authorized projects and separable elements 
of projects and ending with the latest project or sepa-
rable element of a project necessary to meet the aggre-
gate amount under paragraph (2)(A). 
(ii) FACTORS
TO
CONSIDER.—The Secretary may 
identify projects and separable elements of projects 
in an order other than that established by clause (i) 
if the Secretary determines, on a case-by-case basis, 
that a project or separable element of a project is 
critical for interests of the United States, based on 
the possible impact of the project or separable element 
of the project on public health and safety, the national 
economy, or the environment. 
(iii) CONSIDERATION
OF
PUBLIC
COMMENTS.—In 
making determinations under clause (ii), the Secretary 
shall consider any comments received under subsection 
(b)(2). 
(B) APPENDIX.—The Secretary shall include as part 
of the proposed final deauthorization list an appendix 
that— 
(i) identifies each project or separable element of 
a project on the interim deauthorization list developed 
under subsection (b) that is not included on the pro-
posed final deauthorization list; and 
(ii) describes the reasons why the project or sepa-
rable element is not included on the proposed final 
list. 
(4) PUBLIC COMMENT AND CONSULTATION.— 
(A) IN GENERAL.—The Secretary shall solicit comments 
from the public and the Governor of each applicable State 
on the proposed final deauthorization list and appendix 
developed under paragraphs (2) and (3). 
(B) COMMENT
PERIOD.—The public comment period 
shall be 90 days. 
(5) SUBMISSION OF FINAL LIST TO CONGRESS; PUBLICATION.— 
Not later than 120 days after the date of the close of the 
comment period under paragraph (4), the Secretary shall— 
(A) submit a final deauthorization list and an appendix 
to the final deauthorization list in a report to the Com-
mittee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives; and 
(B) publish the final deauthorization list and the 
appendix to the final deauthorization list in the Federal 
Register. 
(d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 
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130 STAT. 1689 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) IN GENERAL.—After the expiration of the 180-day period 
beginning on the date of submission of the final deauthorization 
list and appendix under subsection (c), a project or separable 
element of a project identified in the final deauthorization 
list is hereby deauthorized, unless Congress passes a joint 
resolution disapproving the final deauthorization list prior to 
the end of such period. 
(2) NON-FEDERAL CONTRIBUTIONS.— 
(A) IN GENERAL.—A project or separable element of 
a project identified in the final deauthorization list under 
subsection (c) shall not be deauthorized under this sub-
section if, before the expiration of the 180-day period 
referred to in paragraph (1), the non-Federal interest for 
the project or separable element of the project provides 
sufficient funds to complete the project or separable ele-
ment of the project. 
(B) 
TREATMENT
OF
PROJECTS.—Notwithstanding 
subparagraph (A), each project and separable element of 
a project identified in the final deauthorization list shall 
be treated as deauthorized for purposes of the aggregate 
deauthorization amount specified in subsection (c)(2)(A). 
(3) PROJECTS IDENTIFIED IN APPENDIX.—A project or sepa-
rable element of a project identified in the appendix to the 
final deauthorization list shall remain subject to future 
deauthorization by Congress. 
(e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS FOR POST- 
AUTHORIZATION STUDY.—A project or separable element of a project 
may not be identified on the interim deauthorization list developed 
under subsection (b), or the final deauthorization list developed 
under subsection (c), if the project or separable element received 
funding for a post-authorization study during the current fiscal 
year or any of the 6 preceding fiscal years. 
(f) GENERAL PROVISIONS.— 
(1) DEFINITIONS.—In this section, the following definitions 
apply: 
(A) POST-AUTHORIZATION
STUDY.—The term ‘‘post- 
authorization study’’ means— 
(i) a feasibility report developed under section 905 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2282); 
(ii) a feasibility study, as defined in section 105(d) 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2215(d)); or 
(iii) a review conducted under section 216 of the 
Flood Control Act of 1970 (33 U.S.C. 549a), including 
an initial appraisal that— 
(I) demonstrates a Federal interest; and 
(II) requires additional analysis for the project 
or separable element. 
(B) WATER
RESOURCES
DEVELOPMENT
PROJECT.—The 
term ‘‘water resources development project’’ includes an 
environmental infrastructure assistance project or program 
of the Corps of Engineers. 
(2) TREATMENT OF PROJECT MODIFICATIONS.—For purposes 
of this section, if an authorized water resources development 
project or separable element of the project has been modified 
by an Act of Congress, the date of the authorization of the 
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130 STAT. 1690 
PUBLIC LAW 114–322—DEC. 16, 2016 
project or separable element shall be deemed to be the date 
of the most recent modification. 
(g) REPEAL.—Subsection (a) and subsections (c) through (f) of 
section 6001 of the Water Resources Reform and Development Act 
of 2014 (33 U.S.C. 579b) are repealed. 
SEC. 1302. BACKLOG PREVENTION. 
(a) PROJECT DEAUTHORIZATION.— 
(1) IN GENERAL.—A water resources development project, 
or separable element of such a project, authorized for construc-
tion by this Act shall not be authorized after the last day 
of the 10-year period beginning on the date of enactment of 
this Act unless— 
(A) funds have been obligated for construction of, or 
a post-authorization study for, such project or separable 
element during that period; or 
(B) the authorization contained in this Act has been 
modified by a subsequent Act of Congress. 
(2) IDENTIFICATION OF PROJECTS.—Not later than 60 days 
after the expiration of the 10-year period referred to in para-
graph (1), the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives a report that identifies the projects deauthor-
ized under paragraph (1). 
(b) REPORT TO CONGRESS.—Not later than 60 days after the 
expiration of the 12-year period beginning on the date of enactment 
of this Act, the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives, 
and make available to the public, a report that contains— 
(1) a list of any water resources development projects 
authorized by this Act for which construction has not been 
completed during that period; 
(2) a description of the reasons the projects were not com-
pleted; 
(3) a schedule for the completion of the projects based 
on expected levels of appropriations; and 
(4) a 5-year and 10-year projection of construction backlog 
and any recommendations to Congress regarding how to miti-
gate current problems and the backlog. 
SEC. 1303. VALDEZ, ALASKA. 
(a) IN GENERAL.—Subject to subsection (b), the portion of the 
project for navigation, Valdez, Alaska, identified as Tract G, Harbor 
Subdivision, shall not be subject to navigational servitude beginning 
on the date of enactment of this Act. 
(b) ENTRY BY FEDERAL GOVERNMENT.—The Federal Govern-
ment may enter upon the property referred to in subsection (a) 
to carry out any required operation and maintenance of the general 
navigation features of the project referred to in subsection (a). 
SEC. 1304. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES 
COUNTY, CALIFORNIA. 
(a) IN GENERAL.—The Secretary shall— 
(1) prioritize the updating of the water control manuals 
for control structures for the project for flood control, Los 
Angeles County Drainage Area, Los Angeles County, California, 
33 USC 579c–1. 
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130 STAT. 1691 
PUBLIC LAW 114–322—DEC. 16, 2016 
authorized by section 101(b) of the Water Resources Develop-
ment Act of 1990 (Public Law 101–640; 104 Stat. 4611); and 
(2) integrate and incorporate into the project seasonal oper-
ations for water conservation and water supply. 
(b) PARTICIPATION.—The update referred to in subsection (a) 
shall be done in coordination with all appropriate Federal agencies, 
elected officials, and members of the public. 
SEC. 1305. SUTTER BASIN, CALIFORNIA. 
(a) IN GENERAL.—The separable element constituting the locally 
preferred plan increment reflected in the report of the Chief of 
Engineers dated March 12, 2014, and authorized for construction 
in item 8 of the table contained in section 7002(2) of the Water 
Resources Reform and Development Act of 2014 (Public Law 113– 
121; 128 Stat. 1366) is no longer authorized beginning on the 
date of enactment of this Act. 
(b) SAVINGS
PROVISIONS.—The deauthorization under sub-
section (a) does not affect— 
(1) the national economic development plan separable ele-
ment reflected in the report of the Chief of Engineers dated 
March 12, 2014, and authorized for construction in item 8 
of the table contained in section 7002(2) of the Water Resources 
Reform and Development Act of 2014 (Public Law 113–121; 
128 Stat. 1366); or 
(2) previous authorizations providing for the Sacramento 
River and major and minor tributaries project, including— 
(A) section 2 of the Act of March 1, 1917 (39 Stat. 
949, chapter 144); 
(B) section 10 of the Act of December 22, 1944 (58 
Stat. 900, chapter 665); 
(C) section 204 of the Flood Control Act of 1950 (64 
Stat. 177, chapter 188); and 
(D) any other Acts relating to the authorization for 
the Sacramento River and major and minor tributaries 
project along the Feather River right bank between levee 
stationing 1483+33 and levee stationing 2368+00. 
SEC. 1306. ESSEX RIVER, MASSACHUSETTS. 
(a) DEAUTHORIZATION.—The portions of the project for naviga-
tion, Essex River, Massachusetts, authorized by the Act of July 
13, 1892 (27 Stat. 88, chapter 158), and modified by the Act of 
March 3, 1899 (30 Stat. 1121, chapter 425), and the Act of March 
2, 1907 (34 Stat. 1073, chapter 2509), that do not lie within the 
areas described in subsection (b) are no longer authorized beginning 
on the date of enactment of this Act. 
(b) DESCRIPTION OF PROJECT AREAS.—The areas described in 
this subsection are as follows: Beginning at a point N3056139.82 
E851780.21, thence southwesterly about 156.88 feet to a point 
N3055997.75 E851713.67; thence southwesterly about 64.59 feet 
to a point N3055959.37 E851661.72; thence southwesterly about 
145.14 feet to a point N3055887.10 E851535.85; thence southwest-
erly about 204.91 feet to a point N3055855.12 E851333.45; thence 
northwesterly about 423.50 feet to a point N3055976.70 E850927.78; 
thence northwesterly about 58.77 feet to a point N3056002.99 
E850875.21; thence northwesterly about 240.57 feet to a point 
N3056232.82 E850804.14; thence northwesterly about 203.60 feet 
to a point N3056435.41 E850783.93; thence northwesterly about 
78.63 feet to a point N3056499.63 E850738.56; thence northwesterly 
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130 STAT. 1692 
PUBLIC LAW 114–322—DEC. 16, 2016 
about 60.00 feet to a point N3056526.30 E850684.81; thence south-
westerly about 85.56 feet to a point N3056523.33 E850599.31; 
thence southwesterly about 36.20 feet to a point N3056512.37 
E850564.81; thence southwesterly about 80.10 feet to a point 
N3056467.08 E850498.74; thence southwesterly about 169.05 feet 
to a point N3056334.36 E850394.03; thence northwesterly about 
48.52 feet to a point N3056354.38 E850349.83; thence northeasterly 
about 83.71 feet to a point N3056436.35 E850366.84; thence north-
easterly about 212.38 feet to a point N3056548.70 E850547.07; 
thence northeasterly about 47.60 feet to a point N3056563.12 
E850592.43; thence northeasterly about 101.16 feet to a point 
N3056566.62 E850693.53; thence southeasterly about 80.22 feet 
to a point N3056530.97 E850765.40; thence southeasterly about 
99.29 feet to a point N3056449.88 E850822.69; thence southeasterly 
about 210.12 feet to a point N3056240.79 E850843.54; thence south-
easterly about 219.46 feet to a point N3056031.13 E850908.38; 
thence southeasterly about 38.23 feet to a point N3056014.02 
E850942.57; thence southeasterly about 410.93 feet to a point 
N3055896.06 E851336.21; thence northeasterly about 188.43 feet 
to a point N3055925.46 E851522.33; thence northeasterly about 
135.47 feet to a point N3055992.91 E851639.80; thence northeast-
erly about 52.15 feet to a point N3056023.90 E851681.75; thence 
northeasterly about 91.57 feet to a point N3056106.82 E851720.59. 
SEC. 1307. PORT OF CASCADE LOCKS, OREGON. 
(a) EXTINGUISHMENT OF PORTIONS OF EXISTING FLOWAGE EASE-
MENT.—With respect to the properties described in subsection (b), 
beginning on the date of enactment of this Act, the flowage ease-
ments described in subsection (c) are extinguished above elevation 
82.2 feet (NGVD29), the ordinary high water line. 
(b) AFFECTED PROPERTIES.—The properties described in this 
subsection, as recorded in Hood River County, Oregon, are as fol-
lows: 
(1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade Locks 
Business Park’’ subdivision, Instrument Number 2014–00436. 
(2) Parcels 1, 2, and 3 of Hood River County Partition, 
Plat Number 2008–25P. 
(c) FLOWAGE EASEMENTS.—The flowage easements described 
in this subsection are identified as Tracts 302E–1 and 304E–1 
on the easement deeds recorded as instruments in Hood River 
County, Oregon, and described as follows: 
(1) A flowage easement dated October 3, 1936, recorded 
December 1, 1936, book 25, page 531 (Records of Hood River 
County, Oregon), in favor of the United States (302E–1–Per-
petual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; 
previously acquired as Tracts OH–36 and OH–41 and a portion 
of Tract OH–47). 
(2) A flowage easement dated October 5, 1936, recorded 
October 17, 1936, book 25, page 476 (Records of Hood River 
County, Oregon), in favor of the United States, affecting that 
portion below the 94-foot contour line above main sea level 
(304 E1–Perpetual Flowage Easement from 8/10/37 and 10/ 
3/36; previously acquired as Tract OH–042 and a portion of 
Tract OH–47). 
(d) FEDERAL LIABILITIES; CULTURAL, ENVIRONMENTAL, AND 
OTHER REGULATORY REVIEWS.— 
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130 STAT. 1693 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) FEDERAL LIABILITY.—The United States shall not be 
liable for any injury caused by the extinguishment of an ease-
ment under this section. 
(2) CULTURAL AND ENVIRONMENTAL REGULATORY ACTIONS.— 
Nothing in this section establishes any cultural or environ-
mental regulation relating to the properties described in sub-
section (b). 
(e) EFFECT ON OTHER RIGHTS.—Nothing in this section affects 
any remaining right or interest of the Corps of Engineers in the 
properties described in subsection (b). 
SEC. 1308. CENTRAL DELAWARE RIVER, PHILADELPHIA, PENNSYL-
VANIA. 
(a) AREA TO BE DECLARED NONNAVIGABLE.—Subject to sub-
section (c), unless the Secretary finds, after consultation with local 
and regional public officials (including local and regional public 
planning organizations), that there are substantive objections, those 
portions of the Delaware River, bounded by the former bulkhead 
and pierhead lines that were established by the Secretary of War 
and successors and described as follows, are declared to be nonnav-
igable waters of the United States: 
(1) Piers 70 South through 38 South, encompassing an 
area bounded by the southern line of Moore Street extended 
to the northern line of Catherine Street extended, including 
the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 
53, 48, 46, 40, and 38. 
(2) Piers 24 North through 72 North, encompassing an 
area bounded by the southern line of Callowhill Street extended 
to the northern line of East Fletcher Street extended, including 
the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 
49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter. 
(b) PUBLIC INTEREST DETERMINATION.—The Secretary shall 
make the public interest determination under subsection (a) sepa-
rately for each proposed project to be undertaken within the bound-
aries described in subsection (a), using reasonable discretion, not 
later than 150 days after the date of submission of appropriate 
plans for the proposed project. 
(c) LIMITS ON APPLICABILITY.—The declaration under subsection 
(a) shall apply only to those parts of the areas described in sub-
section (a) that are or will be bulkheaded and filled or otherwise 
occupied by permanent structures, including marina and recreation 
facilities. 
SEC. 1309. HUNTINGDON COUNTY, PENNSYLVANIA. 
(a) IN GENERAL.—The Secretary shall— 
(1) prioritize the updating of the master plan for the 
Juniata River and tributaries project, Huntingdon County, 
Pennsylvania, authorized by section 203 of the Flood Control 
Act of 1962 (Public Law 87–874; 76 Stat. 1182); and 
(2) ensure that alternatives for additional recreation access 
and development at the project are fully assessed, evaluated, 
and incorporated as a part of the update. 
(b) PARTICIPATION.—The update referred to in subsection (a) 
shall be done in coordination with all appropriate Federal agencies, 
elected officials, and members of the public. 
(c) INVENTORY.—In carrying out the update under subsection 
(a), the Secretary shall include an inventory of those lands that 
33 USC 5911. 
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130 STAT. 1694 
PUBLIC LAW 114–322—DEC. 16, 2016 
are not necessary to carry out the authorized purposes of the 
project. 
SEC. 1310. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA. 
Section 38(c) of the Water Resources Development Act of 1988 
(33 U.S.C. 59j–1(c)) is amended— 
(1) by striking ‘‘(except 30 years from such date of enact-
ment, in the case of the area or any part thereof described 
in subsection (a)(5))’’; and 
(2) by adding at the end the following: ‘‘Notwithstanding 
the preceding sentence, the declaration of nonnavigability for 
the area described in subsection (a)(5), or any part thereof, 
shall not expire.’’. 
SEC. 1311. SALT CREEK, GRAHAM, TEXAS. 
(a) IN GENERAL.—The project for flood control, environmental 
restoration, and recreation, Salt Creek, Graham, Texas, authorized 
by section 101(a)(30) of the Water Resources Development Act of 
1999 (Public Law 106–53; 113 Stat. 278), is no longer authorized 
as a Federal project beginning on the date of enactment of this 
Act. 
(b) CERTAIN
PROJECT-RELATED
CLAIMS.—The non-Federal 
interest for the project shall hold and save the United States 
harmless from any claim that has arisen, or that may arise, in 
connection with the project. 
(c) TRANSFER.—The Secretary is authorized to transfer any 
land acquired by the Federal Government for the project on behalf 
of the non-Federal interest that remains in Federal ownership 
on or after the date of enactment of this Act to the non-Federal 
interest. 
(d) REVERSION.—If the Secretary determines that land trans-
ferred under subsection (c) ceases to be owned by the public, all 
right, title, and interest in and to the land and improvements 
thereon shall revert, at the discretion of the Secretary, to the 
United States. 
SEC. 1312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. 
(a) IN GENERAL.—The portion of the Texas City Ship Channel, 
Texas City, Texas, described in subsection (b) shall not be subject 
to navigational servitude beginning on the date of enactment of 
this Act. 
(b) DESCRIPTION.—The portion of the Texas City Ship Channel 
described in this subsection is a tract or parcel containing 393.53 
acres (17,142,111 square feet) of land situated in the City of Texas 
City Survey, Abstract Number 681, and State of Texas Submerged 
Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 
acre tract being more particularly described as follows: 
(1) Beginning at the intersection of an edge of fill along 
Galveston Bay with the most northerly east survey line of 
said City of Texas City Survey, Abstract No. 681, the same 
being a called 375.75 acre tract patented by the State of Texas 
to the City of Texas City and recorded in Volume 1941, Page 
750 of the Galveston County Deed Records (G.C.D.R.), from 
which a found U.S. Army Corps of Engineers Brass Cap 
stamped ‘‘R 4–3’’ set in the top of the Texas City Dike along 
the east side of Bay Street bears North 56° 14’ 32’’ West, 
a distance of 6,045.31 feet and from which a found U.S. Army 
Corps of Engineers Brass Cap stamped ‘‘R 4–2’’ set in the 
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130 STAT. 1695 
PUBLIC LAW 114–322—DEC. 16, 2016 
top of the Texas City Dike along the east side of Bay Street 
bears North 49° 13’ 20’’ West, a distance of 6,693.64 feet. 
(2) Thence, over and across said State Tracts 98A and 
99A and along the edge of fill along said Galveston Bay, the 
following 8 courses and distances: 
(A) South 75° 49’ 13’’ East, a distance of 298.08 feet 
to an angle point of the tract herein described. 
(B) South 81° 16’ 26’’ East, a distance of 170.58 feet 
to an angle point of the tract herein described. 
(C) South 79° 20’ 31’’ East, a distance of 802.34 feet 
to an angle point of the tract herein described. 
(D) South 75° 57’ 32’’ East, a distance of 869.68 feet 
to a point for the beginning of a non-tangent curve to 
the right. 
(E) Easterly along said non-tangent curve to the right 
having a radius of 736.80 feet, a central angle of 24° 
55’ 59’’, a chord of South 68° 47’ 35’’ East – 318.10 feet, 
and an arc length of 320.63 feet to a point for the beginning 
of a non-tangent curve to the left. 
(F) Easterly along said non-tangent curve to the left 
having a radius of 373.30 feet, a central angle of 31° 
57’ 42’’, a chord of South 66° 10’ 42’’ East – 205.55 feet, 
and an arc length of 208.24 feet to a point for the beginning 
of a non-tangent curve to the right. 
(G) Easterly along said non-tangent curve to the right 
having a radius of 15,450.89 feet, a central angle of 02° 
04’ 10’’, a chord of South 81° 56’ 20’’ East – 558.04 feet, 
and an arc length of 558.07 feet to a point for the beginning 
of a compound curve to the right and the northeasterly 
corner of the tract herein described. 
(H) Southerly along said compound curve to the right 
and the easterly line of the tract herein described, having 
a radius of 1,425.00 feet, a central angle of 133° 08’ 00’’, 
a chord of South 14° 20’ 15’’ East – 2,614.94 feet, and 
an arc length of 3,311.15 feet to a point on a line lying 
125.00 feet northerly of and parallel with the centerline 
of an existing levee for the southeasterly corner of the 
tract herein described. 
(3) Thence, continuing over and across said State Tracts 
98A and 99A and along lines lying 125.00 feet northerly of, 
parallel, and concentric with the centerline of said existing 
levee, the following 12 courses and distances: 
(A) North 78° 01’ 58’’ West, a distance of 840.90 feet 
to an angle point of the tract herein described. 
(B) North 76° 58’ 35’’ West, a distance of 976.66 feet 
to an angle point of the tract herein described. 
(C) North 76° 44’ 33’’ West, a distance of 1,757.03 
feet to a point for the beginning of a tangent curve to 
the left. 
(D) Southwesterly, along said tangent curve to the 
left having a radius of 185.00 feet, a central angle of 
82° 27’ 32’’, a chord of South 62° 01’ 41’’ West – 243.86 
feet, and an arc length of 266.25 feet to a point for the 
beginning of a compound curve to the left. 
(E) Southerly, along said compound curve to the left 
having a radius of 4,535.58 feet, a central angle of 11° 
06’ 58’’, a chord of South 15° 14’ 26’’ West – 878.59 feet, 
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130 STAT. 1696 
PUBLIC LAW 114–322—DEC. 16, 2016 
and an arc length of 879.97 feet to an angle point of 
the tract herein described. 
(F) South 64° 37’ 11’’ West, a distance of 146.03 feet 
to an angle point of the tract herein described. 
(G) South 67° 08’ 21’’ West, a distance of 194.42 feet 
to an angle point of the tract herein described. 
(H) North 34° 48’ 22’’ West, a distance of 789.69 feet 
to an angle point of the tract herein described. 
(I) South 42° 47’ 10’’ West, a distance of 161.01 feet 
to an angle point of the tract herein described. 
(J) South 42° 47’ 10’’ West, a distance of 144.66 feet 
to a point for the beginning of a tangent curve to the 
right. 
(K) Westerly, along said tangent curve to the right 
having a radius of 310.00 feet, a central angle of 59° 
50’ 28’’, a chord of South 72° 42’ 24’’ West – 309.26 feet, 
and an arc length of 323.77 feet to an angle point of 
the tract herein described. 
(L) North 77° 22’ 21’’ West, a distance of 591.41 feet 
to the intersection of said parallel line with the edge of 
fill adjacent to the easterly edge of the Texas City Turning 
Basin for the southwesterly corner of the tract herein 
described, from which a found U.S. Army Corps of Engi-
neers Brass Cap stamped ‘‘SWAN 2’’ set in the top of 
a concrete column set flush in the ground along the north 
bank of Swan Lake bears South 20° 51’ 58’’ West, a distance 
of 4,862.67 feet. 
(4) Thence, over and across said City of Texas City Survey 
and along the edge of fill adjacent to the easterly edge of 
said Texas City Turning Basin, the following 18 courses and 
distances: 
(A) North 01° 34’ 19’’ East, a distance of 57.40 feet 
to an angle point of the tract herein described. 
(B) North 05° 02’ 13’’ West, a distance of 161.85 feet 
to an angle point of the tract herein described. 
(C) North 06° 01’ 56’’ East, a distance of 297.75 feet 
to an angle point of the tract herein described. 
(D) North 06° 18’ 07’’ West, a distance of 71.33 feet 
to an angle point of the tract herein described. 
(E) North 07° 21’ 09’’ West, a distance of 122.45 feet 
to an angle point of the tract herein described. 
(F) North 26° 41’ 15’’ West, a distance of 46.02 feet 
to an angle point of the tract herein described. 
(G) North 01° 31’ 59’’ West, a distance of 219.78 feet 
to an angle point of the tract herein described. 
(H) North 15° 54’ 07’’ West, a distance of 104.89 feet 
to an angle point of the tract herein described. 
(I) North 04° 00’ 34’’ East, a distance of 72.94 feet 
to an angle point of the tract herein described. 
(J) North 06° 46’ 38’’ West, a distance of 78.89 feet 
to an angle point of the tract herein described. 
(K) North 12° 07’ 59’’ West, a distance of 182.79 feet 
to an angle point of the tract herein described. 
(L) North 20° 50’ 47’’ West, a distance of 105.74 feet 
to an angle point of the tract herein described. 
(M) North 02° 02’ 04’’ West, a distance of 184.50 feet 
to an angle point of the tract herein described. 
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130 STAT. 1697 
PUBLIC LAW 114–322—DEC. 16, 2016 
(N) North 08° 07’ 11’’ East, a distance of 102.23 feet 
to an angle point of the tract herein described. 
(O) North 08° 16’ 00’’ West, a distance of 213.45 feet 
to an angle point of the tract herein described. 
(P) North 03° 15’ 16’’ West, a distance of 336.45 feet 
to a point for the beginning of a non-tangent curve to 
the left. 
(Q) Northerly along said non-tangent curve to the left 
having a radius of 896.08 feet, a central angle of 14° 
00’ 05’’, a chord of North 09° 36’ 03’’ West – 218.43 feet, 
and an arc length of 218.97 feet to a point for the beginning 
of a non-tangent curve to the right. 
(R) Northerly along said non-tangent curve to the right 
having a radius of 483.33 feet, a central angle of 19° 
13’ 34’’, a chord of North 13° 52’ 03’’ East – 161.43 feet, 
and an arc length of 162.18 feet to a point for the north-
westerly corner of the tract herein described. 
(5) Thence, continuing over and across said City of Texas 
City Survey, and along the edge of fill along said Galveston 
Bay, the following 15 courses and distances: 
(A) North 30° 45’ 02’’ East, a distance of 189.03 feet 
to an angle point of the tract herein described. 
(B) North 34° 20’ 49’’ East, a distance of 174.16 feet 
to a point for the beginning of a non-tangent curve to 
the right. 
(C) Northeasterly along said non-tangent curve to the 
right having a radius of 202.01 feet, a central angle of 
25° 53’ 37’’, a chord of North 33° 14’ 58’’ East – 90.52 
feet, and an arc length of 91.29 feet to a point for the 
beginning of a non-tangent curve to the left. 
(D) Northeasterly along said non-tangent curve to the 
left having a radius of 463.30 feet, a central angle of 
23° 23’ 57’’, a chord of North 48° 02’ 53’’ East – 187.90 
feet, and an arc length of 189.21 feet to a point for the 
beginning of a non-tangent curve to the right. 
(E) Northeasterly along said non-tangent curve to the 
right having a radius of 768.99 feet, a central angle of 
16° 24’ 19’’, a chord of North 43° 01’ 40’’ East – 219.43 
feet, and an arc length of 220.18 feet to an angle point 
of the tract herein described. 
(F) North 38° 56’ 50’’ East, a distance of 126.41 feet 
to an angle point of the tract herein described. 
(G) North 42° 59’ 50’’ East, a distance of 128.28 feet 
to a point for the beginning of a non-tangent curve to 
the right. 
(H) Northerly along said non-tangent curve to the right 
having a radius of 151.96 feet, a central angle of 68° 
36’ 31’’, a chord of North 57° 59’ 42’’ East – 171.29 feet, 
and an arc length of 181.96 feet to a point for the most 
northerly corner of the tract herein described. 
(I) South 77° 14’ 49’’ East, a distance of 131.60 feet 
to an angle point of the tract herein described. 
(J) South 84° 44’ 18’’ East, a distance of 86.58 feet 
to an angle point of the tract herein described. 
(K) South 58° 14’ 45’’ East, a distance of 69.62 feet 
to an angle point of the tract herein described. 
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PUBLIC LAW 114–322—DEC. 16, 2016 
(L) South 49° 44’ 51’’ East, a distance of 149.00 feet 
to an angle point of the tract herein described. 
(M) South 44° 47’ 21’’ East, a distance of 353.77 feet 
to a point for the beginning of a non-tangent curve to 
the left. 
(N) Easterly along said non-tangent curve to the left 
having a radius of 253.99 feet, a central angle of 98° 
53’ 23’’, a chord of South 83° 28’ 51’’ East – 385.96 feet, 
and an arc length of 438.38 feet to an angle point of 
the tract herein described. 
(O) South 75° 49’ 13’’ East, a distance of 321.52 feet 
to the point of beginning and containing 393.53 acres 
(17,142,111 square feet) of land. 
SEC. 1313. STONINGTON HARBOUR, CONNECTICUT. 
The portion of the project for navigation, Stonington Harbour, 
Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288, 
chapter 73), that consists of the inner stone breakwater that begins 
at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 
degrees west 166.79’ to a point N. 682,165.05, E. 1,231,212.94, 
running north 69.209 degrees west 380.89’ to a point N. 682,300.25, 
E. 1,230,856.86, is no longer authorized as a Federal project begin-
ning on the date of enactment of this Act. 
SEC. 1314. RED RIVER BELOW DENISON DAM, TEXAS, OKLAHOMA, 
ARKANSAS, AND LOUISIANA. 
The portion of the project for flood control with respect to 
the Red River below Denison Dam, Texas, Oklahoma, Arkansas, 
and Louisiana, authorized by section 10 of the Flood Control Act 
of 1946 (60 Stat. 647, chapter 596), consisting of the portion of 
the West Agurs Levee that begins at lat. 32° 32’ 50.86’’ N., by 
long. 93° 46’ 16.82’’ W., and ends at lat. 32° 31’ 22.79’’ N., by 
long. 93° 45’ 2.47’’ W., is no longer authorized beginning on the 
date of enactment of this Act. 
SEC. 1315. GREEN RIVER AND BARREN RIVER, KENTUCKY. 
(a) IN GENERAL.—Beginning on the date of enactment of this 
Act, commercial navigation at the locks and dams identified in 
the report of the Chief of Engineers entitled ‘‘Green River Locks 
and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, 
Kentucky’’ and dated April 30, 2015, shall no longer be authorized, 
and the land and improvements associated with the locks and 
dams shall be disposed of— 
(1) consistent with this section; and 
(2) subject to such terms and conditions as the Secretary 
determines to be necessary and appropriate in the public 
interest. 
(b) DISPOSITION.— 
(1) GREEN RIVER LOCK AND DAM 3.—The Secretary shall 
convey to the Rochester Dam Regional Water Commission all 
right, title, and interest of the United States in and to the 
land associated with Green River Lock and Dam 3, located 
in Ohio County and Muhlenberg County, Kentucky, together 
with any improvements on the land. 
(2) GREEN RIVER LOCK AND DAM 4.—The Secretary shall 
convey to Butler County, Kentucky, all right, title, and interest 
of the United States in and to the land associated with Green 
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PUBLIC LAW 114–322—DEC. 16, 2016 
River Lock and Dam 4, located in Butler County, Kentucky, 
together with any improvements on the land. 
(3) GREEN RIVER LOCK AND DAM 5.—The Secretary shall 
convey to the State of Kentucky, a political subdivision of 
the State of Kentucky, or a nonprofit, nongovernmental 
organization all right, title, and interest of the United States 
in and to the land associated with Green River Lock and 
Dam 5, located in Edmonson County, Kentucky, together with 
any improvements on the land, for the purposes of— 
(A) removing Lock and Dam 5 from the river at the 
earliest feasible time; and 
(B) making the land available for conservation and 
public recreation, including river access. 
(4) GREEN RIVER LOCK AND DAM 6.— 
(A) IN GENERAL.—The Secretary shall transfer to the 
Secretary of the Interior administrative jurisdiction over 
the portion of the land associated with Green River Lock 
and Dam 6, Edmonson County, Kentucky, that is located 
on the left descending bank of the Green River, together 
with any improvements on the land, for inclusion in Mam-
moth Cave National Park. 
(B) TRANSFER TO THE STATE OF KENTUCKY.—The Sec-
retary shall convey to the State of Kentucky all right, 
title, and interest of the United States in and to the portion 
of the land associated with Green River Lock and Dam 
6, Edmonson County, Kentucky, that is located on the 
right descending bank of the Green River, together with 
any improvements on the land, for use by the Department 
of Fish and Wildlife Resources of the State of Kentucky 
for the purposes of— 
(i) removing Lock and Dam 6 from the river at 
the earliest feasible time; and 
(ii) making the land available for conservation and 
public recreation, including river access. 
(5) BARREN RIVER LOCK AND DAM 1.—The Secretary shall 
convey to the State of Kentucky, all right, title, and interest 
of the United States in and to the land associated with Barren 
River Lock and Dam 1, located in Warren County, Kentucky, 
together with any improvements on the land, for use by the 
Department of Fish and Wildlife Resources of the State of 
Kentucky for the purposes of— 
(A) removing Lock and Dam 1 from the river at the 
earliest feasible time; and 
(B) making the land available for conservation and 
public recreation, including river access. 
(c) CONDITIONS.— 
(1) IN GENERAL.—The exact acreage and legal description 
of any land to be disposed of, transferred, or conveyed under 
this section shall be determined by a survey satisfactory to 
the Secretary. 
(2) QUITCLAIM DEED.—A conveyance under paragraph (1), 
(2), (4), or (5) of subsection (b) shall be accomplished by quit-
claim deed and without consideration. 
(3) ADMINISTRATIVE COSTS.—The Secretary shall be respon-
sible for all administrative costs associated with a transfer 
or conveyance under this section, including the costs of a survey 
carried out under paragraph (1). 
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(4) REVERSION.—If the Secretary determines that the land 
conveyed under this section is not used by a non-Federal entity 
for a purpose that is consistent with the purpose of the convey-
ance, all right, title, and interest in and to the land, including 
any improvements on the land, shall revert, at the discretion 
of the Secretary, to the United States, and the United States 
shall have the right of immediate entry onto the land. 
SEC. 1316. HANNIBAL SMALL BOAT HARBOR, HANNIBAL, MISSOURI. 
The project for navigation at Hannibal Small Boat Harbor 
on the Mississippi River, Hannibal, Missouri, authorized by section 
101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 
188), is no longer authorized beginning on the date of enactment 
of this Act, and any maintenance requirements associated with 
the project are terminated. 
SEC. 1317. LAND TRANSFER AND TRUST LAND FOR MUSCOGEE (CREEK) 
NATION. 
(a) TRANSFER.— 
(1) IN
GENERAL.—Subject to paragraph (2) and for the 
consideration described in subsection (c), the Secretary shall 
transfer to the Secretary of the Interior the land described 
in subsection (b) to be held in trust for the benefit of the 
Muscogee (Creek) Nation. 
(2) CONDITIONS.—The land transfer under this subsection 
shall be subject to the following conditions: 
(A) The transfer— 
(i) shall not interfere with the Corps of Engineers 
operation of the Eufaula Lake Project or any other 
authorized civil works project; and 
(ii) shall be subject to such other terms and condi-
tions as the Secretary determines to be necessary and 
appropriate to ensure the continued operation of the 
Eufaula Lake Project or any other authorized civil 
works project. 
(B) The Secretary shall retain the right to inundate 
with water the land transferred to the Secretary of the 
Interior under this subsection as necessary to carry out 
an authorized purpose of the Eufaula Lake Project or any 
other civil works project. 
(C) No gaming activities may be conducted on the 
land transferred under this subsection. 
(b) LAND DESCRIPTION.— 
(1) IN GENERAL.—The land to be transferred pursuant to 
subsection (a) is the approximately 18.38 acres of land located 
in the Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., R. 
16 E., McIntosh County, Oklahoma, generally depicted as 
‘‘USACE’’ on the map entitled ‘‘Muscogee (Creek) Nation Pro-
posed Land Acquisition’’ and dated October 16, 2014. 
(2) SURVEY.—The exact acreage and legal description of 
the land to be transferred under subsection (a) shall be deter-
mined by a survey satisfactory to the Secretary and the Sec-
retary of the Interior. 
(c) CONSIDERATION.—The Muscogee (Creek) Nation shall pay— 
(1) to the Secretary an amount that is equal to the fair 
market value of the land transferred under subsection (a), 
as determined by the Secretary, which funds may be accepted 
and expended by the Secretary; and 
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130 STAT. 1701 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) all costs and administrative expenses associated with 
the transfer of land under subsection (a), including the costs 
of— 
(A) the survey under subsection (b)(2); 
(B) compliance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(C) any coordination necessary with respect to require-
ments related to endangered species, cultural resources, 
clean water, and clean air. 
SEC. 1318. CAMERON COUNTY, TEXAS. 
(a) RELEASE.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall execute and file in the appro-
priate office a deed of release, amended deed, or other appropriate 
instrument effectuating the release of the interests of the United 
States in certain tracts of land located in Cameron County, Texas, 
as described in subsection (d). 
(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require that any release under this section be subject to such 
additional terms and conditions as the Secretary considers appro-
priate and necessary to protect the interests of the United States. 
(c) COSTS OF CONVEYANCE.—The Brownsville Navigation Dis-
trict shall be responsible for all reasonable and necessary costs, 
including real estate transaction and environmental documentation 
costs, associated with the releases. 
(d) DESCRIPTION.—The Secretary shall release all or portions 
of the interests in the following tracts as determined by a survey 
to be paid for by the Brownsville Navigation District, that is satis-
factory to the Secretary: 
(1) Tract No. 1: Being 1,277.80 Acres as conveyed by the 
Brownsville Navigation District of Cameron County, Texas, 
to the United States of America by instrument dated September 
22, 1932, and recorded at Volume 238, pages 578 through 
580, in the Deed Records of Cameron County, Texas, to be 
released and abandoned in its entirety, save and except approxi-
mately 361.03 Acres, comprised of the area designated by the 
U.S. Army Corps of Engineers as required for the project known 
as Brazos Island Harbor Deepening, and further save and 
except approximately 165.56 Acres for the existing Dredged 
Material Placement Area No. 4A1. 
(2) Tract No. 2: Being 842.28 Acres as condemned by the 
United States of America by the Final Report of Commissioners 
dated May 6, 1938, and recorded at Volume 281, pages 486 
through 488, in the Deed Records of Cameron County, Texas, 
to be released and abandoned in its entirety, save and except 
approximately 178.15 Acres comprised of a strip 562 feet in 
width, being the area designated by the U.S. Army Corps 
of Engineers as required for the project known as Brazos Island 
Harbor Deepening, further save and except approximately 76.95 
Acres for the existing Dredged Material Placement Area No. 
4A1, and further save and except approximately 74.40 Acres 
for the existing Dredged Material Placement Area No. 4B1. 
(3) Tract No. 3: Being 362.00 Acres as conveyed by the 
Manufacturing and Distributing University to the United States 
of America by instrument dated March 3, 1936, and recorded 
at Volume ‘‘R’’, page 123, in the Miscellaneous Deed Records 
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130 STAT. 1702 
PUBLIC LAW 114–322—DEC. 16, 2016 
of Cameron County, Texas, to be released and abandoned in 
its entirety. 
(4) Tract No. 4: Being 9.48 Acres as conveyed by the 
Brownsville Navigation District of Cameron County, Texas, 
to the United States of America by instrument dated January 
23, 1939, and recorded at Volume 293, pages 115 through 
118, in the Deed Records of Cameron County, Texas (said 
9.48 Acres are identified in said instrument as the ‘‘Second 
Tract’’), to be released and abandoned in its entirety, save 
and except approximately 1.97 Acres, comprised of the area 
designated by the U.S. Army Corps of Engineers as required 
for the project known as Brazos Island Harbor Deepening, 
plus 5.0 feet. 
(5) Tract No. 5: Being 10.91 Acres as conveyed by the 
Brownsville Navigation District of Cameron County, Texas, 
by instrument dated March 6, 1939, and recorded at Volume 
293, pages 113 through 115, in the Deed Records of Cameron 
County, Texas (said 10.91 Acres are identified in said 
instrument as ‘‘Third Tract’’), to be released and abandoned 
in its entirety, save and except approximately 0.36 Acre, com-
prised of the area designated by the U.S. Army Corps of Engi-
neers as required for the project known as Brazos Island Harbor 
Deepening. 
(6) Tract No. 9: Being 552.82 Acres as condemned by the 
United States of America by the Final Report of Commissioners 
dated May 6, 1938, and recorded at Volume 281, pages 483 
through 486, in the Deed Records of Cameron County, Texas, 
to be released and abandoned in its entirety, save and except 
approximately 84.59 Acres, comprised of the area designated 
by the U.S. Army Corps of Engineers as required for the project 
known as Brazos Island Harbor Deepening. 
(7) Tract No. 10: Being 325.02 Acres as condemned by 
the United States of America by the Final Report of Commis-
sioners dated May 7, 1935, and recorded at Volume 281, pages 
476 through 483, in the Deed Records of Cameron County, 
Texas, to be released and abandoned in its entirety, save and 
except approximately 76.81 Acres, comprised of the area des-
ignated by the U.S. Army Corps of Engineers as required 
for the project known as Brazos Island Harbor Deepening. 
(8) Tract No. 11: Being 8.85 Acres in as conveyed by the 
Brownsville Navigation District of Cameron County, Texas, 
to the United States of America by instrument dated January 
23, 1939, and recorded at Volume 293, Pages 115 through 
118, in the Deed Records of Cameron County, Texas (said 
8.85 Acres are identified in said instrument as the ‘‘First 
Tract’’), to be released and abandoned in its entirety, save 
and except approximately 0.30 Acres, comprised of the area 
within the project known as Brazos Island Harbor Deepening, 
plus 5.0 feet. 
(9) Tract No. A100E: Being 13.63 Acres in as conveyed 
by the Brownsville Navigation District of Cameron County, 
Texas, to the United States of America by instrument dated 
September 30, 1947, and recorded at Volume 427, page 1 
through 4 in the Deed Records of Cameron County, to be 
released and abandoned in its entirety, save and except approxi-
mately 6.60 Acres, comprised of the area designated by the 
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130 STAT. 1703 
PUBLIC LAW 114–322—DEC. 16, 2016 
U.S. Army Corps of Engineers as required for the existing 
project known as Brazos Island Harbor, plus 5.0 feet. 
(10) Tract No. 122E: Being 31.4 Acres as conveyed by 
the Brownsville Navigation District of Cameron County, Texas, 
to the United States of America by instrument dated December 
11, 1963 and recorded at Volume 756, page 393 in the Deed 
Records of Cameron County, Texas, to be released and aban-
doned in its entirety, save and except approximately 4.18 Acres 
in Share 31 of the Espiritu Santo Grant in Cameron County, 
Texas, and further save and except approximately 2.04 Acres 
in Share 7 of the San Martin Grant in Cameron County, Texas, 
being portions of the area designated by the U.S. Army Corps 
of Engineers as required for the current project known as 
Brazos Island Harbor, plus 5.0 feet. 
SEC. 1319. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND 
SOUTH CAROLINA. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) NEW SAVANNAH BLUFF LOCK AND DAM.—The term ‘‘New 
Savannah Bluff Lock and Dam’’ means— 
(A) the lock and dam at New Savannah Bluff, 
Savannah River, Georgia and South Carolina; and 
(B) the appurtenant features to the lock and dam, 
including— 
(i) the adjacent approximately 50-acre park and 
recreation area with improvements made under the 
project for navigation, Savannah River below Augusta, 
Georgia, authorized by the first section of the Act 
of July 3, 1930 (46 Stat. 924), and the first section 
of the Act of August 30, 1935 (49 Stat. 1032); and 
(ii) other land that is part of the project and that 
the Secretary determines to be appropriate for convey-
ance under this section. 
(2) PROJECT.—The term ‘‘Project’’ means the project for 
navigation, Savannah Harbor expansion, Georgia, authorized 
by section 7002(1) of the Water Resources Reform and Develop-
ment Act of 2014 (Public Law 113–121; 128 Stat. 1364). 
(b) DEAUTHORIZATION.— 
(1) IN GENERAL.—Effective beginning on the date of enact-
ment of this Act— 
(A) the New Savannah Bluff Lock and Dam is 
deauthorized; and 
(B) notwithstanding section 348(l)(2)(B) of the Water 
Resources Development Act of 2000 (Public Law 106–541; 
114 Stat. 2630; 114 Stat. 2763A–228) (as in effect on the 
day before the date of enactment of this Act) or any other 
provision of law, the New Savannah Bluff Lock and Dam 
shall not be conveyed to the city of North Augusta and 
Aiken County, South Carolina, or any other non-Federal 
entity. 
(2) REPEAL.—Section 348 of the Water Resources Develop-
ment Act of 2000 (Public Law 106–541; 114 Stat. 2630; 114 
Stat. 2763A–228) is amended— 
(A) by striking subsection (l); and 
(B) by redesignating subsections (m) and (n) as sub-
sections (l) and (m), respectively. 
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130 STAT. 1704 
PUBLIC LAW 114–322—DEC. 16, 2016 
(c) PROJECT MODIFICATIONS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Project is modified to include, as the Secretary deter-
mines to be necessary— 
(A)(i) repair of the lock wall of the New Savannah 
Bluff Lock and Dam and modification of the structure 
such that the structure is able— 
(I) to maintain the pool for navigation, water 
supply, and recreational activities, as in existence on 
the date of enactment of this Act; and 
(II) to allow safe passage over the structure to 
historic spawning grounds of shortnose sturgeon, 
Atlantic sturgeon, and other migratory fish; or 
(ii)(I) construction at an appropriate location across 
the Savannah River of a structure that is able to maintain 
the pool for water supply and recreational activities, as 
in existence on the date of enactment of this Act; and 
(II) removal of the New Savannah Bluff Lock and 
Dam on completion of construction of the structure; and 
(B) conveyance by the Secretary to Augusta-Richmond 
County, Georgia, of the park and recreation area adjacent 
to the New Savannah Bluff Lock and Dam, without consid-
eration. 
(2) NON-FEDERAL COST SHARE.—The Federal share of the 
cost of any Project feature constructed pursuant to paragraph 
(1) shall be not greater than the share as provided by section 
7002(1) of the Water Resources Reform and Development Act 
of 2014 (Public Law 113–121; 128 Stat. 1364) for the most 
cost-effective fish passage structure. 
(3) OPERATION
AND
MAINTENANCE
COSTS.—The Federal 
share of the costs of operation and maintenance of any Project 
feature constructed pursuant to paragraph (1) shall be con-
sistent with the cost sharing of the Project as provided by 
law. 
SEC. 1320. HAMILTON CITY, CALIFORNIA. 
Section 1001(8) of the Water Resources Development Act of 
2007 (121 Stat. 1050) is modified to authorize the Secretary to 
construct the project at a total cost of $91,000,000, with an esti-
mated Federal cost of $59,735,061 and an estimated non-Federal 
cost of $31,264,939. 
SEC. 1321. CONVEYANCES. 
(a) PEARL RIVER, MISSISSIPPI AND LOUISIANA.— 
(1) IN GENERAL.—The project for navigation, Pearl River, 
Mississippi and Louisiana, authorized by the first section of 
the Act of August 30, 1935 (49 Stat. 1033, chapter 831), and 
section 101 of the River and Harbor Act of 1966 (Public Law 
89–789; 80 Stat. 1405), is no longer authorized as a Federal 
project beginning on the date of enactment of this Act. 
(2) TRANSFER.— 
(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), the Secretary is authorized to convey to a State or 
local interest, without consideration, all right, title, and 
interest of the United States in and to— 
(i) any land in which the Federal Government 
has a property interest for the project described in 
paragraph (1); and 
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130 STAT. 1705 
PUBLIC LAW 114–322—DEC. 16, 2016 
(ii) improvements to the land described in clause 
(i). 
(B) RESPONSIBILITY FOR COSTS.—The transferee shall 
be responsible for the payment of all costs and administra-
tive expenses associated with any transfer carried out 
pursuant to subparagraph (A), including costs associated 
with any land survey required to determine the exact acre-
age and legal description of the land and improvements 
to be transferred. 
(C) OTHER TERMS AND CONDITIONS.—A transfer under 
subparagraph (A) shall be subject to such other terms 
and conditions as the Secretary determines to be necessary 
and appropriate to protect the interests of the United 
States. 
(3) REVERSION.—If the Secretary determines that the land 
and improvements conveyed under paragraph (2) cease to be 
owned by the public, all right, title, and interest in and to 
the land and improvements shall revert, at the discretion of 
the Secretary, to the United States. 
(b) SARDIS LAKE, MISSISSIPPI.— 
(1) IN GENERAL.—The Secretary is authorized to convey 
to the lessee, at full fair market value, all right, title, and 
interest of the United Sates in and to the property identified 
in the leases numbered DACW38–1–15–7, DACW38–1–15–33, 
DACW38–1–15–34, and DACW38–1–15–38, subject to such 
terms and conditions as the Secretary determines to be nec-
essary and appropriate to protect the interests of the United 
States. 
(2) EASEMENT AND RESTRICTIVE COVENANT.—The convey-
ance under paragraph (1) shall include— 
(A) a restrictive covenant to require the approval of 
the Secretary for any substantial change in the use of 
the property; and 
(B) a flowage easement. 
(c) PENSACOLA DAM
AND RESERVOIR, GRAND RIVER, OKLA-
HOMA.— 
(1) IN GENERAL.—Notwithstanding the Act of June 28, 1938 
(52 Stat. 1215, chapter 795), as amended by section 3 of the 
Act of August 18, 1941 (55 Stat. 645, chapter 377), and notwith-
standing section 3 of the Act of July 31, 1946 (60 Stat. 744, 
chapter 710), the Secretary shall convey, by quitclaim deed 
and without consideration, to the Grand River Dam Authority, 
an agency of the State of Oklahoma, for flood control purposes, 
all right, title, and interest of the United States in and to 
real property under the administrative jurisdiction of the Sec-
retary acquired in connection with the Pensacola Dam project, 
together with any improvements on the property. 
(2) FLOOD CONTROL PURPOSES.—If any interest in the real 
property described in paragraph (1) ceases to be managed for 
flood control or other public purposes and is conveyed to a 
nonpublic entity, the transferee, as part of the conveyance, 
shall pay to the United States the fair market value for the 
interest. 
(3) NO EFFECT.—Nothing in this subsection— 
(A) amends, modifies, or repeals any existing authority 
vested in the Federal Energy Regulatory Commission; or 
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130 STAT. 1706 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) amends, modifies, or repeals any authority of the 
Secretary or the Chief of Engineers pursuant to section 
7 of the Act of December 22, 1944 (33 U.S.C. 709). 
(d) JOE POOL LAKE, TEXAS.—The Secretary shall accept from 
the Trinity River Authority of Texas, if received on or before 
December 31, 2016, $31,344,841 as payment in full of amounts 
owed to the United States, including any accrued interest, for 
the approximately 61,747.1 acre-feet of water supply storage space 
in Joe Pool Lake, Texas (previously known as Lakeview Lake), 
for which payment has not commenced under Article 5.a (relating 
to project investment costs) of contract number DACW63–76–C– 
0106 as of the date of enactment of this Act. 
SEC. 1322. EXPEDITED CONSIDERATION. 
(a) IN GENERAL.—Section 1011 of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2341a) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(C) by inserting ‘‘restore or’’ before 
‘‘prevent the loss’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘the date of enactment of this Act’’ and 
inserting ‘‘the date of enactment of the Water 
Resources Development Act of 2016’’; and 
(ii) in subparagraph (A)(ii) by striking ‘‘that—’’ 
and all that follows through ‘‘limited reevaluation 
report’’; and 
(2) in subsection (b)— 
(A) in paragraph (1) by redesignating subparagraphs 
(A) through (C) as clauses (i) through (iii), respectively, 
and indenting appropriately; 
(B) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting appro-
priately; 
(C) in the matter preceding subparagraph (A) (as so 
redesignated) by striking ‘‘For’’ and inserting the following: 
‘‘(1) IN GENERAL.—For’’; and 
(D) by adding at the end the following: 
‘‘(2) EXPEDITED CONSIDERATION OF CURRENTLY AUTHORIZED 
PROGRAMMATIC AUTHORITIES.—Not later than 180 days after 
the date of enactment of the Water Resources Development 
Act of 2016, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives a report that contains— 
‘‘(A) a list of all programmatic authorities for aquatic 
ecosystem restoration or improvement of the environment 
that— 
‘‘(i) were authorized or modified in the Water 
Resources Development Act of 2007 (Public Law 110– 
114; 121 Stat. 1041) or any subsequent Act; and 
‘‘(ii) that meet the criteria described in paragraph 
(1); and 
‘‘(B) a plan for expeditiously completing the projects 
under the authorities described in subparagraph (A), sub-
ject to available funding.’’. 
(b) EXPEDITED CONSIDERATION.— 
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130 STAT. 1707 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) EXPEDITED COMPLETION OF FLOOD DAMAGE REDUCTION 
AND
FLOOD
RISK
MANAGEMENT
PROJECTS.—For authorized 
projects with a primary purpose of flood damage reduction 
and flood risk management, the Secretary shall provide priority 
funding for and expedite the completion of the following 
projects: 
(A) Chicagoland Underflow Plan, Illinois, including 
stage 2 of the McCook Reservoir, as authorized by section 
3(a)(5) of the Water Resources Development Act of 1988 
(Public Law 100–676; 102 Stat. 4013) and modified by 
section 319 of the Water Resources Development Act of 
1996 (Public Law 104–303; 110 Stat. 3715) and section 
501(b) of the Water Resources Development Act of 1999 
(Public Law 106–53; 113 Stat. 334). 
(B) Cedar River, Cedar Rapids, Iowa, as authorized 
by section 7002(2)(3) of the Water Resources Reform and 
Development Act of 2014 (Public Law 113–121; 128 Stat. 
1366). 
(C) Comite River, Louisiana, authorized as part of the 
project for flood control, Amite River and Tributaries, Lou-
isiana, by section 101(11) of the Water Resources Develop-
ment Act of 1992 (Public Law 102–580; 106 Stat. 4802) 
and modified by section 301(b)(5) of the Water Resources 
Development Act of 1996 (Public Law 104–303; 110 Stat. 
3709) and section 371 of the Water Resources Development 
Act of 1999 (Public Law 106–53; 113 Stat. 321). 
(D) Amite River and Tributaries, Louisiana, East Baton 
Rouge Parish Watershed, as authorized by section 
101(a)(21) of the Water Resources Development Act of 1999 
(Public Law 106–53; 113 Stat. 277) and modified by section 
116 of title I of division D of Public Law 108–7 (117 
Stat. 140) and section 3074 of the Water Resources Develop-
ment Act of 2007 (Public Law 110–114; 121 Stat. 1124). 
(E) The projects described in paragraphs (29) through 
(33) of section 212(e) of the Water Resources Development 
Act of 1999 (33 U.S.C. 2332(e)). 
(2) EXPEDITED COMPLETION OF FEASIBILITY STUDIES.—The 
Secretary shall give priority funding and expedite completion 
of the reports for the following projects, and, if the Secretary 
determines that a project is justified in the completed report, 
proceed directly to project preconstruction, engineering, and 
design in accordance with section 910 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2287): 
(A) The project for navigation, St. George Harbor, 
Alaska. 
(B) The project for flood risk management, Rahway 
River Basin, New Jersey. 
(C) The Hudson-Raritan Estuary Comprehensive Res-
toration Project. 
(D) The project for navigation, Mobile Harbor, Ala-
bama. 
(E) The project for flood risk management, Little Colo-
rado River at Winslow, Navajo County, Arizona. 
(F) The project for flood risk management, Lower San 
Joaquin River, California. In carrying out the feasibility 
study for the project, the Secretary shall include Reclama-
tion District 17 as part of the study. 
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130 STAT. 1708 
PUBLIC LAW 114–322—DEC. 16, 2016 
(G) The project for flood risk management and eco-
system restoration, Sacramento River Flood Control 
System, California. 
(H) The project for hurricane and storm damage risk 
reduction, Ft. Pierce, Florida. 
(I) The project for flood risk management, Des Moines 
and Raccoon Rivers, Iowa. 
(J) The project for navigation, Mississippi River Ship 
Channel, Louisiana. 
(K) The project for flood risk management, North 
Branch Ecorse Creek, Wayne County, Michigan. 
(3) 
EXPEDITED
COMPLETION
OF
POST-AUTHORIZATION 
CHANGE REPORT.—The Secretary shall provide priority funding 
for, and expedite completion of, a post-authorization change 
report for the project for hurricane and storm damage risk 
reduction, New Hanover County, North Carolina. 
(4) COMPLETION
OF
PROJECTS
UNDER
CONSTRUCTION
BY 
NON-FEDERAL INTERESTS.—The Secretary shall expedite review 
and decision on recommendations for the following projects 
for flood damage reduction and flood risk management: 
(A) Pearl River Basin, Mississippi, authorized by sec-
tion 401(e)(3) of the Water Resources Development Act 
of 1986 (Public Law 99–662; 100 Stat. 4132), as modified 
by section 3104 of the Water Resources Development Act 
of 2007 (Public Law 110–114; 121 Stat. 1134), submitted 
to the Secretary under section 211 of the Water Resources 
Development Act of 1996 (33 U.S.C. 701b–13) (as in effect 
on the day before the date of enactment of the Water 
Resources Reform and Development Act of 2014 (Public 
Law 113–121; 128 Stat. 1193)). 
(B) Brays Bayou, Texas, authorized by section 
101(a)(21) of the Water Resources Development Act of 1990 
(Public Law 101–640; 104 Stat. 4610), as modified by sec-
tion 211(f)(6) of the Water Resources Development Act 
of 1996 (33 U.S.C. 701b–13(f)(6)) (as in effect on the day 
before the date of enactment of the Water Resources Reform 
and Development Act of 2014 (Public Law 113–121; 128 
Stat. 1193)). 
Subtitle D—Water Resources 
Infrastructure 
SEC. 1401. PROJECT AUTHORIZATIONS. 
The following projects for water resources development and 
conservation and other purposes, as identified in the reports titled 
‘‘Report to Congress on Future Water Resources Development’’ sub-
mitted to Congress on January 29, 2015, and January 29, 2016, 
respectively, pursuant to section 7001 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise 
reviewed by Congress, are authorized to be carried out by the 
Secretary substantially in accordance with the plans, and subject 
to the conditions, described in the respective reports designated 
in this section: 
(1) NAVIGATION.— 
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130 STAT. 1709 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
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 Ever-
glades 
Jun. 25, 
2015 
Federal: $229,770,000 
Non-Federal: 
$107,233,000 
Total: $337,003,000 
5. AK 
Little Diomede 
Harbor 
Aug. 10, 
2015 
Federal: $26,394,000 
Non-Federal: $2,933,000 
Total: $29,327,000 
6. SC 
Charleston 
Harbor 
Sep. 8, 
2015 
Federal: $231,239,000 
Non-Federal: 
$271,454,000 
Total: $502,693,000 
7. AK 
Craig Harbor 
Mar. 16, 
2016 
Federal: $29,456,000 
Non-Federal: $3,299,000 
Total: $32,755,000 
8. PA 
Upper Ohio 
Sep. 12, 
2016 
Total: $2,691,600,000 (to 
be derived 1⁄2 from the 
general fund of the 
Treasury and 1⁄2 from 
the Inland Waterways 
Trust Fund). 
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130 STAT. 1710 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) FLOOD RISK MANAGEMENT.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
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 Man-
hattan 
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 Com-
mon Fea-
tures 
Apr. 26, 
2016 
Federal: $890,046,900 
Non-Federal: 
$705,714,100 
Total: $1,595,761,000 
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130 STAT. 1711 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
8. CA 
West Sac-
ramento 
Apr. 26, 
2016 
Federal: $788,861,000 
Non-Federal: 
$424,772,000 
Total: $1,213,633,000. 
(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated Initial 
Costs and 
Estimated 
Renourishment 
Costs 
1. SC 
Colleton Coun-
ty 
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 
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130 STAT. 1712 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated Initial 
Costs and 
Estimated 
Renourishment 
Costs 
3. NC 
Carteret Coun-
ty 
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 Pont-
chartrain 
Jun. 12, 
2015 
Federal: $483,496,650 
Non-Federal: 
$260,344,350 
Total: $743,841,000 
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130 STAT. 1713 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
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. 
(4) ECOSYSTEM RESTORATION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. FL 
Central Ever-
glades 
Dec. 23, 
2014 
Federal: $993,131,000 
Non-Federal: 
$991,544,000 
Total: $1,984,675,000 
2. WA 
Skokomish 
River 
Dec. 14, 
2015 
Federal: $13,168,000 
Non-Federal: $7,091,000 
Total: $20,259,000 
3. WA 
Puget Sound 
Sep. 16, 
2016 
Federal: $300,009,000 
Non-Federal: 
$161,543,000 
Total: $461,552,000. 
(5) FLOOD
RISK
MANAGEMENT
AND
ECOSYSTEM
RESTORA-
TION.— 
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130 STAT. 1714 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. IL, 
WI 
Upper Des 
Plaines 
River and 
Tributaries 
Jun. 8, 
2015 
Federal: $204,860,000 
Non-Federal: 
$110,642,000 
Total: $315,502,000. 
(6) FLOOD
RISK
MANAGEMENT, ECOSYSTEM
RESTORATION, 
AND RECREATION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. CA 
South San 
Francisco 
Bay Shore-
line 
Dec. 18, 
2015 
Federal: $70,511,000 
Non-Federal: 
$106,689,000 
Total: $177,200,000. 
(7) ECOSYSTEM RESTORATION AND RECREATION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. OR 
Willamette 
River 
Dec. 14, 
2015 
Federal: $19,531,000 
Non-Federal: 
$10,845,000 
Total: $30,376,000 
2. CA 
Los Angeles 
River 
Dec. 18, 
2015 
Federal: $373,413,500 
Non-Federal: 
$1,046,893,500 
Total: $1,420,307,000. 
(8) HURRICANE AND STORM DAMAGE RISK REDUCTION AND 
ECOSYSTEM RESTORATION.— 
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130 STAT. 1715 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. LA 
Southwest 
Coastal Lou-
isiana 
Jul. 29, 
2016 
Federal: $2,054,386,100 
Non-Federal: 
$1,106,207,900 
Total: $3,160,594,000. 
(9) MODIFICATIONS AND OTHER PROJECTS.— 
A. 
State 
B. 
Name 
C. 
Date of 
Decision 
Docu-
ment 
D. 
Estimated 
Costs 
1. TX 
Upper Trinity 
River 
May 21, 
2008 
Federal: $526,500,000 
Non-Federal: 
$283,500,000 
Total: $810,000,000 
2. KS, 
MO 
Turkey Creek 
Basin 
May 13, 
2016 
Federal: $101,491,650 
Non-Federal: 
$54,649,350 
Total: $156,141,000 
3. KY 
Ohio River 
Shoreline 
May 13, 
2016 
Federal: $20,309,900 
Non-Federal: 
$10,936,100 
Total: $31,246,000 
4. MO 
Blue River 
Basin 
May 13, 
2016 
Federal: $36,326,250 
Non-Federal: 
$12,108,750 
Total: $48,435,000 
5. FL 
Picayune 
Strand 
Jul. 15, 
2016 
Federal: $313,166,000 
Non-Federal: 
$313,166,000 
Total: $626,332,000 
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130 STAT. 1716 
PUBLIC LAW 114–322—DEC. 16, 2016 
A. 
State 
B. 
Name 
C. 
Date of 
Decision 
Docu-
ment 
D. 
Estimated 
Costs 
6. MO 
Swope Park 
Industrial 
Area, Blue 
River 
Jul. 15, 
2016 
Federal: $21,033,350 
Non-Federal: 
$11,325,650 
Total: $32,359,000 
7. AZ 
Rio de Flag, 
Flagstaff 
Sep. 21, 
2016 
Federal: $66,844,900 
Non-Federal: 
$36,039,100 
Total: $102,884,000 
8. TX 
Houston Ship 
Channel 
Nov. 4, 
2016 
Federal: $381,773,000 
Non-Federal: 
$127,425,000 
Total: $509,198,000. 
SEC. 1402. SPECIAL RULES. 
(a) MILL CREEK.—The portion of the project for flood risk 
management, Mill Creek, Tennessee, authorized by section 1401(2) 
of this Act that consists of measures within the Mill Creek basin 
shall be carried out pursuant to section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s). 
(b) LOS ANGELES RIVER.—The Secretary shall carry out the 
project for ecosystem restoration and recreation, Los Angeles River, 
California, authorized by section 1401(7) of this Act substantially 
in accordance with terms and conditions described in the Report 
of the Chief of Engineers, dated December 18, 2015, including, 
notwithstanding section 2008(c) of the Water Resources Develop-
ment Act of 2007 (Public Law 110–114; 121 Stat. 1074), the rec-
ommended cost share. 
(c) UPPER TRINITY RIVER.—Not more than $5,500,000 may be 
expended to carry out recreation features of the Upper Trinity 
River project, Texas, authorized by section 1401(9) of this Act. 
TITLE II—WATER AND WASTE ACT OF 
2016 
SEC. 2001. SHORT TITLE. 
This title may be cited as the ‘‘Water and Waste Act of 2016’’. 
SEC. 2002. DEFINITION OF ADMINISTRATOR. 
In this title, the term ‘‘Administrator’’ means the Administrator 
of the Environmental Protection Agency. 
42 USC 300j–3d 
note. 
42 USC 201 note. 
Water and Waste 
Act of 2016. 
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130 STAT. 1717 
PUBLIC LAW 114–322—DEC. 16, 2016 
Subtitle A—Safe Drinking Water 
SEC. 2101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS. 
It is the sense of Congress that Congress should provide robust 
funding of capitalization grants to States to fund those States’ 
drinking water treatment revolving loan funds established under 
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j– 
12) and the State water pollution control revolving funds established 
under title VI of the Federal Water Pollution Control Act (33 
U.S.C. 1381 et seq.). 
SEC. 2102. PRECONSTRUCTION WORK. 
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(a)(2)) is amended— 
(1) in the fifth sentence, by striking ‘‘Of the amount’’ and 
inserting the following: 
‘‘(F) LOAN ASSISTANCE.—Of the amount’’; 
(2) in the fourth sentence, by striking ‘‘The funds’’ and 
inserting the following: 
‘‘(E) ACQUISITION OF REAL PROPERTY.—The funds under 
this section’’; 
(3) in the third sentence, by striking ‘‘The funds’’ and 
inserting the following: 
‘‘(D) WATER TREATMENT LOANS.—The funds under this 
section’’; 
(4) in the second sentence, by striking ‘‘Financial assist-
ance’’ and inserting the following: 
‘‘(B) LIMITATION.—Financial assistance’’; 
(5) in the first sentence, by striking ‘‘Except’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—Except’’; 
(6) in subparagraph (B) (as designated by paragraph (4)), 
by striking ‘‘(not’’ and inserting ‘‘(including expenditures for 
planning, design, and associated preconstruction activities, 
including activities relating to the siting of the facility, but 
not’’; and 
(7) by inserting after subparagraph (B) (as designated by 
paragraph (4)) the following: 
‘‘(C) SALE
OF
BONDS.—Funds may also be used by 
a public water system as a source of revenue (restricted 
solely to interest earnings of the applicable State loan 
fund) or security for payment of the principal and interest 
on revenue or general obligation bonds issued by the State 
to provide matching funds under subsection (e), if the pro-
ceeds of the sale of the bonds will be deposited in the 
State loan fund.’’. 
SEC. 2103. ADMINISTRATION OF STATE LOAN FUNDS. 
Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(g)(2)) is amended— 
(1) by redesignating subparagraphs (A) through (D) as 
clauses (i) through (iv), respectively, and indenting the clauses 
appropriately; 
(2) by striking the fifth sentence and inserting the fol-
lowing: 
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130 STAT. 1718 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(D) ENFORCEMENT
ACTIONS.—Funds used under 
subparagraph (B)(ii) shall not be used for enforcement 
actions.’’; 
(3) in the fourth sentence, by striking ‘‘An additional’’ and 
inserting the following: 
‘‘(C) TECHNICAL ASSISTANCE.—An additional’’; 
(4) by striking the third sentence; 
(5) in the second sentence, by striking ‘‘For fiscal year’’ 
and inserting the following: 
‘‘(B) ADDITIONAL USE OF FUNDS.—For fiscal year’’; 
(6) by striking the first sentence and inserting the fol-
lowing: 
‘‘(A) AUTHORIZATION.— 
‘‘(i) IN
GENERAL.—For each fiscal year, a State 
may use the amount described in clause (ii)— 
‘‘(I) to cover the reasonable costs of administra-
tion of the programs under this section, including 
the recovery of reasonable costs expended to estab-
lish a State loan fund that are incurred after the 
date of enactment of this section; and 
‘‘(II) to provide technical assistance to public 
water systems within the State. 
‘‘(ii) 
DESCRIPTION
OF
AMOUNT.—The 
amount 
referred to in clause (i) is an amount equal to the 
sum of— 
‘‘(I) the amount of any fees collected by the 
State for use in accordance with clause (i)(I), 
regardless of the source; and 
‘‘(II) the greatest of— 
‘‘(aa) $400,000; 
‘‘(bb) 1⁄5 percent of the current valuation 
of the fund; and 
‘‘(cc) an amount equal to 4 percent of all 
grant awards to the fund under this section 
for the fiscal year.’’; and 
(7) in subparagraph (B) (as redesignated by paragraph 
(5))— 
(A) in clause (iv) (as redesignated by paragraph (1)), 
by striking ‘‘1419,’’ and inserting ‘‘1419.’’; and 
(B) in the undesignated matter following clause (iv) 
(as redesignated by paragraph (1)), by striking ‘‘if the State’’ 
and all that follows through ‘‘State funds.’’. 
SEC. 2104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMU-
NITIES. 
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMU-
NITIES. 
‘‘(a) DEFINITION OF UNDERSERVED COMMUNITY.—In this section: 
‘‘(1) IN
GENERAL.—The term ‘underserved community’ 
means a political subdivision of a State that, as determined 
by the Administrator, has an inadequate system for obtaining 
drinking water. 
‘‘(2) INCLUSIONS.—The term ‘underserved community’ 
includes a political subdivision of a State that either, as deter-
mined by the Administrator— 
42 USC 
300j–19a. 
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130 STAT. 1719 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(A) does not have household drinking water or waste-
water services; or 
‘‘(B) is served by a public water system that violates, 
or exceeds, as applicable, a requirement of a national pri-
mary drinking water regulation issued under section 1412, 
including— 
‘‘(i) a maximum contaminant level; 
‘‘(ii) a treatment technique; and 
‘‘(iii) an action level. 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Administrator shall establish a pro-
gram under which grants are provided to eligible entities for 
use in carrying out projects and activities the primary purposes 
of which are to assist public water systems in meeting the 
requirements of this title. 
‘‘(2) INCLUSIONS.—Projects and activities under paragraph 
(1) include— 
‘‘(A) investments necessary for the public water system 
to comply with the requirements of this title; 
‘‘(B) assistance that directly and primarily benefits the 
disadvantaged community on a per-household basis; and 
‘‘(C) programs to provide household water quality 
testing, including testing for unregulated contaminants. 
‘‘(c) ELIGIBLE ENTITIES.—An eligible entity under this section— 
‘‘(1) is— 
‘‘(A) a public water system; 
‘‘(B) a water system that is located in an area governed 
by an Indian Tribe; or 
‘‘(C) a State, on behalf of an underserved community; 
and 
‘‘(2) serves a community— 
‘‘(A) that, under affordability criteria established by 
the State under section 1452(d)(3), is determined by the 
State— 
‘‘(i) to be a disadvantaged community; or 
‘‘(ii) to be a community that may become a dis-
advantaged community as a result of carrying out a 
project or activity under subsection (b); or 
‘‘(B) with a population of less than 10,000 individuals 
that the Administrator determines does not have the 
capacity to incur debt sufficient to finance a project or 
activity under subsection (b). 
‘‘(d) PRIORITY.—In prioritizing projects and activities for 
implementation under this section, the Administrator shall give 
priority to projects and activities that benefit underserved commu-
nities. 
‘‘(e) LOCAL PARTICIPATION.—In prioritizing projects and activi-
ties for implementation under this section, the Administrator shall 
consult with and consider the priorities of States, Indian Tribes, 
and local governments in which communities described in subsection 
(c)(2) are located. 
‘‘(f) TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITY.—The 
Administrator may provide assistance to increase the technical, 
managerial, and financial capability of an eligible entity receiving 
a grant under this section if the Administrator determines that 
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130 STAT. 1720 
PUBLIC LAW 114–322—DEC. 16, 2016 
the eligible entity lacks appropriate technical, managerial, or finan-
cial capability and is not receiving such assistance under another 
Federal program. 
‘‘(g) COST SHARING.—Before providing a grant to an eligible 
entity under this section, the Administrator shall enter into a 
binding agreement with the eligible entity to require the eligible 
entity— 
‘‘(1) to pay not less than 45 percent of the total costs 
of the project or activity, which may include services, materials, 
supplies, or other in-kind contributions; 
‘‘(2) to provide any land, easements, rights-of-way, and 
relocations necessary to carry out the project or activity; and 
‘‘(3) to pay 100 percent of any operation and maintenance 
costs associated with the project or activity. 
‘‘(h) WAIVER.—The Administrator may waive, in whole or in 
part, the requirement under subsection (g)(1) if the Administrator 
determines that an eligible entity is unable to pay, or would experi-
ence significant financial hardship if required to pay, the non- 
Federal share. 
‘‘(i) LIMITATION ON USE OF FUNDS.—Not more than 4 percent 
of funds made available for grants under this section may be 
used to pay the administrative costs of the Administrator. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section, $60,000,000 for each 
of fiscal years 2017 through 2021.’’. 
SEC. 2105. REDUCING LEAD IN DRINKING WATER. 
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
seq.) is further amended by adding at the end the following: 
‘‘SEC. 1459B. REDUCING LEAD IN DRINKING WATER. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 
‘‘(A) a community water system; 
‘‘(B) a water system located in an area governed by 
an Indian Tribe; 
‘‘(C) a nontransient noncommunity water system; 
‘‘(D) a qualified nonprofit organization, as determined 
by the Administrator, servicing a public water system; 
and 
‘‘(E) a municipality or State, interstate, or intermunic-
ipal agency. 
‘‘(2) LEAD REDUCTION PROJECT.— 
‘‘(A) IN GENERAL.—The term ‘lead reduction project’ 
means a project or activity the primary purpose of which 
is to reduce the concentration of lead in water for human 
consumption by— 
‘‘(i) replacement of publicly owned lead service 
lines; 
‘‘(ii) testing, planning, or other relevant activities, 
as determined by the Administrator, to identify and 
address conditions (including corrosion control) that 
contribute to increased concentration of lead in water 
for human consumption; and 
‘‘(iii) providing assistance to low-income home-
owners to replace lead service lines. 
‘‘(B) LIMITATION.—The term ‘lead reduction project’ 
does not include a partial lead service line replacement 
42 USC 
300j–19b. 
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130 STAT. 1721 
PUBLIC LAW 114–322—DEC. 16, 2016 
if, at the conclusion of the service line replacement, 
drinking water is delivered to a household through a pub-
licly or privately owned portion of a lead service line. 
‘‘(3) LOW-INCOME.—The term ‘low-income’, with respect to 
an individual provided assistance under this section, has such 
meaning as may be given the term by the Governor of the 
State in which the eligible entity is located, based upon the 
affordability criteria established by the State under section 
1452(d)(3). 
‘‘(4) LEAD SERVICE LINE.—The term ‘lead service line’ means 
a pipe and its fittings, which are not lead free (as defined 
in section 1417(d)), that connect the drinking water main to 
the building inlet. 
‘‘(5) NONTRANSIENT NONCOMMUNITY WATER SYSTEM.—The 
term ‘nontransient noncommunity water system’ means a public 
water system that is not a community water system and that 
regularly serves at least 25 of the same persons over 6 months 
per year. 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Administrator shall establish 
a grant program to provide assistance to eligible entities for 
lead reduction projects in the United States. 
‘‘(2) PRECONDITION.—As a condition of receipt of assistance 
under this section, an eligible entity shall take steps to iden-
tify— 
‘‘(A) the source of lead in the public water system 
that is subject to human consumption; and 
‘‘(B) the means by which the proposed lead reduction 
project would meaningfully reduce the concentration of lead 
in water provided for human consumption by the applicable 
public water system. 
‘‘(3) PRIORITY APPLICATION.—In providing grants under this 
subsection, the Administrator shall give priority to an eligible 
entity that— 
‘‘(A) the Administrator determines, based on afford-
ability criteria established by the State under section 
1452(d)(3), to be a disadvantaged community; and 
‘‘(B) proposes to— 
‘‘(i) carry out a lead reduction project at a public 
water system or nontransient noncommunity water 
system that has exceeded the lead action level estab-
lished by the Administrator under section 1412 at any 
time during the 3-year period preceding the date of 
submission of the application of the eligible entity; 
or 
‘‘(ii) address lead levels in water for human 
consumption at a school, daycare, or other facility that 
primarily serves children or other vulnerable human 
subpopulation described in section 1458(a)(1). 
‘‘(4) COST SHARING.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
non-Federal share of the total cost of a project funded 
by a grant under this subsection shall be not less than 
20 percent. 
‘‘(B) WAIVER.—The Administrator may reduce or elimi-
nate the non-Federal share under subparagraph (A) for 
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130 STAT. 1722 
PUBLIC LAW 114–322—DEC. 16, 2016 
reasons of affordability, as the Administrator determines 
to be appropriate. 
‘‘(5) LOW-INCOME ASSISTANCE.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), an 
eligible entity may use a grant provided under this sub-
section to provide assistance to low-income homeowners 
to replace the lead service lines of such homeowners. 
‘‘(B) LIMITATION.—The amount of a grant provided to 
a low-income homeowner under this paragraph shall not 
exceed the standard cost of replacement of the privately 
owned portion of the lead service line. 
‘‘(6) SPECIAL
CONSIDERATION
FOR
LEAD
SERVICE
LINE 
REPLACEMENT.—In carrying out lead service line replacement 
using a grant under this subsection, an eligible entity— 
‘‘(A) shall notify customers of the replacement of any 
publicly owned portion of the lead service line; 
‘‘(B) may, in the case of a homeowner who is not 
low-income, offer to replace the privately owned portion 
of the lead service line at the cost of replacement for 
that homeowner’s property; 
‘‘(C) may, in the case of a low-income homeowner, 
offer to replace the privately owned portion of the lead 
service line at a cost that is equal to the difference 
between— 
‘‘(i) the cost of replacement; and 
‘‘(ii) the amount of assistance available to the low- 
income homeowner under paragraph (5); 
‘‘(D) shall notify each customer that a planned replace-
ment of any publicly owned portion of a lead service line 
that is funded by a grant made under this subsection 
will not be carried out unless the customer agrees to the 
simultaneous replacement of the privately owned portion 
of the lead service line; and 
‘‘(E) shall demonstrate that the eligible entity has 
considered other options for reducing the concentration 
of lead in its drinking water, including an evaluation of 
options for corrosion control. 
‘‘(c) LIMITATION ON USE OF FUNDS.—Not more than 4 percent 
of funds made available for grants under this section may be 
used to pay the administrative costs of the Administrator. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $60,000,000 for each 
of fiscal years 2017 through 2021. 
‘‘(e) SAVINGS CLAUSE.—Nothing in this section affects whether 
a public water system is responsible for the replacement of a lead 
service line that is— 
‘‘(1) subject to the control of the public water system; and 
‘‘(2) located on private property.’’. 
SEC. 2106. NOTICE TO PERSONS SERVED. 
(a) ENFORCEMENT OF DRINKING WATER REGULATIONS.—Section 
1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is 
amended— 
(1) in the subsection heading, by striking ‘‘NOTICE
TO’’ 
and inserting ‘‘NOTICE TO STATES, THE ADMINISTRATOR, AND’’; 
(2) in paragraph (1)— 
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130 STAT. 1723 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) in subparagraph (C), by striking ‘‘paragraph (2)(E)’’ 
and inserting ‘‘paragraph (2)(F)’’; and 
(B) by adding at the end the following: 
‘‘(D) Notice that the public water system exceeded the 
lead action level under section 141.80(c) of title 40, Code 
of Federal Regulations (or a prescribed level of lead that 
the Administrator establishes for public education or 
notification in a successor regulation promulgated pursuant 
to section 1412).’’; 
(3) in paragraph (2)— 
(A) in subparagraph (B)(i)(II), by striking ‘‘subpara-
graph (D)’’ and inserting ‘‘subparagraph (E)’’; 
(B) in subparagraph (C)— 
(i) in the subparagraph heading, by striking ‘‘VIO-
LATIONS’’ and inserting ‘‘NOTICE
OF
VIOLATIONS
OR 
EXCEEDANCES’’; 
(ii) in the matter preceding clause (i)— 
(I) in the first sentence, by striking ‘‘violation’’ 
and inserting ‘‘violation, and each exceedance 
described in paragraph (1)(D),’’; and 
(II) in the second sentence, by striking ‘‘viola-
tion’’ and inserting ‘‘violation or exceedance’’; 
(iii) by striking clause (i) and inserting the fol-
lowing: 
‘‘(i) be distributed as soon as practicable, but not 
later than 24 hours, after the public water system 
learns of the violation or exceedance;’’; 
(iv) in clause (ii), by inserting ‘‘or exceedance’’ after 
‘‘violation’’ each place it appears; 
(v) by striking clause (iii) and inserting the fol-
lowing: 
‘‘(iii) be provided to the Administrator and the 
head of the State agency that has primary enforcement 
responsibility under section 1413, as applicable, as soon 
as practicable, but not later than 24 hours after the 
public water system learns of the violation or exceed-
ance; and’’; and 
(vi) in clause (iv)— 
(I) in subclause (I), by striking ‘‘broadcast 
media’’ and inserting ‘‘media, including broadcast 
media’’; and 
(II) in subclause (III), by striking ‘‘in lieu of 
notification by means of broadcast media or news-
paper’’; 
(C) by redesignating subparagraphs (D) and (E) as 
subparagraphs (E) and (F), respectively; and 
(D) by inserting after subparagraph (C) the following: 
‘‘(D) NOTICE BY THE ADMINISTRATOR.—If the State with 
primary enforcement responsibility or the owner or oper-
ator of a public water system has not issued a notice 
under subparagraph (C) for an exceedance of the lead action 
level under section 141.80(c) of title 40, Code of Federal 
Regulations (or a prescribed level of lead that the Adminis-
trator establishes for public education or notification in 
a successor regulation promulgated pursuant to section 
1412) that has the potential to have serious adverse effects 
on human health as a result of short-term exposure, not 
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130 STAT. 1724 
PUBLIC LAW 114–322—DEC. 16, 2016 
later than 24 hours after the Administrator is notified 
of the exceedance, the Administrator shall issue the 
required notice under that subparagraph.’’; 
(4) in paragraph (3)(B), in the first sentence— 
(A) by striking ‘‘subparagraph (A) and’’ and inserting 
‘‘subparagraph (A),’’; and 
(B) by striking ‘‘subparagraph (C) or (D) of paragraph 
(2)’’ and inserting ‘‘subparagraph (C) or (E) of paragraph 
(2), and notices issued by the Administrator with respect 
to public water systems serving Indian Tribes under 
subparagraph (D) of that paragraph’’; 
(5) in paragraph (4)(B)— 
(A) in clause (ii), by striking ‘‘the terms’’ and inserting 
‘‘the terms ‘action level’,’’; 
(B) by striking clause (iii) and inserting the following: 
‘‘(iii) If any regulated contaminant is detected in 
the water purveyed by the public water system, a 
statement describing, as applicable— 
‘‘(I) the maximum contaminant level goal; 
‘‘(II) the maximum contaminant level; 
‘‘(III) the level of the contaminant in the water 
system; 
‘‘(IV) the action level for the contaminant; and 
‘‘(V) for any contaminant for which there has 
been a violation of the maximum contaminant level 
during the year concerned, a brief statement in 
plain language regarding the health concerns that 
resulted in regulation of the contaminant, as pro-
vided by the Administrator in regulations under 
subparagraph (A).’’; and 
(C) in the undesignated matter following clause (vi), 
in the second sentence, by striking ‘‘subclause (IV) of clause 
(iii)’’ and inserting ‘‘clause (iii)(V)’’; and 
(6) by adding at the end the following: 
‘‘(5) EXCEEDANCE OF LEAD LEVEL AT HOUSEHOLDS.— 
‘‘(A) STRATEGIC PLAN.—Not later than 180 days after 
the date of enactment of this paragraph, the Administrator 
shall, in collaboration with owners and operators of public 
water systems and States, establish a strategic plan for 
how the Administrator, a State with primary enforcement 
responsibility, and owners and operators of public water 
systems shall provide targeted outreach, education, tech-
nical assistance, and risk communication to populations 
affected by the concentration of lead in a public water 
system, including dissemination of information described 
in subparagraph (C). 
‘‘(B) EPA INITIATION OF NOTICE.— 
‘‘(i) FORWARDING OF DATA BY EMPLOYEE OF THE 
AGENCY.—If the Agency develops, or receives from a 
source other than a State or a public water system, 
data 
that 
meets 
the 
requirements 
of 
section 
1412(b)(3)(A)(ii) that indicates that the drinking water 
of a household served by a public water system con-
tains a level of lead that exceeds the lead action level 
under section 141.80(c) of title 40, Code of Federal 
Regulations (or a prescribed level of lead that the 
Administrator establishes for public education or 
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130 STAT. 1725 
PUBLIC LAW 114–322—DEC. 16, 2016 
notification in a successor regulation promulgated 
pursuant to section 1412) (referred to in this paragraph 
as an ‘affected household’), the Administrator shall 
require an appropriate employee of the Agency to for-
ward the data, and information on the sampling tech-
niques used to obtain the data, to the owner or operator 
of the public water system and the State in which 
the affected household is located within a time period 
determined by the Administrator. 
‘‘(ii) DISSEMINATION
OF
INFORMATION
BY
OWNER 
OR OPERATOR.—The owner or operator of a public water 
system shall disseminate to affected households the 
information described in subparagraph (C) within a 
time period established by the Administrator, if the 
owner or operator— 
‘‘(I) receives data and information under clause 
(i); and 
‘‘(II) has not, since the date of the test that 
developed the data, notified the affected house-
holds— 
‘‘(aa) with respect to the concentration of 
lead in the drinking water of the affected 
households; and 
‘‘(bb) that the concentration of lead in the 
drinking water of the affected households 
exceeds the lead action level under section 
141.80(c) of title 40, Code of Federal Regula-
tions (or a prescribed level of lead that the 
Administrator establishes for public education 
or notification in a successor regulation 
promulgated pursuant to section 1412). 
‘‘(iii) CONSULTATION.— 
‘‘(I) DEADLINE.—If the owner or operator of 
the public water system does not disseminate to 
the affected households the information described 
in subparagraph (C) as required under clause (ii) 
within the time period established by the Adminis-
trator, not later than 24 hours after the Adminis-
trator becomes aware of the failure by the owner 
or operator of the public water system to dissemi-
nate the information, the Administrator shall con-
sult, within a period not to exceed 24 hours, with 
the applicable Governor to develop a plan, in 
accordance with the strategic plan, to disseminate 
the information to the affected households not later 
than 24 hours after the end of the consultation 
period. 
‘‘(II) DELEGATION.—The Administrator may 
only delegate the duty to consult under subclause 
(I) to an employee of the Agency who, as of the 
date of the delegation, works in the Office of Water 
at the headquarters of the Agency. 
‘‘(iv) 
DISSEMINATION
BY
ADMINISTRATOR.—The 
Administrator shall, as soon as practicable, dissemi-
nate to affected households the information described 
in subparagraph (C) if— 
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130 STAT. 1726 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(I) the owner or operator of the public water 
system does not disseminate the information to 
the affected households within the time period 
determined by the Administrator, as required by 
clause (ii); and 
‘‘(II)(aa) the Administrator and the applicable 
Governor do not agree on a plan described in clause 
(iii)(I) during the consultation period under that 
clause; or 
‘‘(bb) the applicable Governor does not dissemi-
nate the information within 24 hours after the 
end of the consultation period. 
‘‘(C) 
INFORMATION
REQUIRED.—The 
information 
described in this subparagraph includes— 
‘‘(i) a clear explanation of the potential adverse 
effects on human health of drinking water that con-
tains a concentration of lead that exceeds the lead 
action level under section 141.80(c) of title 40, Code 
of Federal Regulations (or a prescribed level of lead 
that the Administrator establishes for public education 
or notification in a successor regulation promulgated 
pursuant to section 1412); 
‘‘(ii) the steps that the owner or operator of the 
public water system is taking to mitigate the concentra-
tion of lead; and 
‘‘(iii) the necessity of seeking alternative water 
supplies until the date on which the concentration 
of lead is mitigated. 
‘‘(6) PRIVACY.—Any notice to the public or an affected 
household under this subsection shall protect the privacy of 
individual customer information.’’. 
(b) PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.— 
Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g– 
6) is amended by adding at the end the following: 
‘‘(f) PUBLIC EDUCATION.— 
‘‘(1) IN GENERAL.—The Administrator shall make informa-
tion available to the public regarding lead in drinking water, 
including information regarding— 
‘‘(A) risks associated with lead in drinking water; 
‘‘(B) the conditions that contribute to drinking water 
containing lead in a residence; 
‘‘(C) steps that States, public water systems, and con-
sumers can take to reduce the risks of lead in drinking 
water; and 
‘‘(D) the availability of additional resources that con-
sumers can use to minimize lead exposure, including 
information on sampling for lead in drinking water. 
‘‘(2) VULNERABLE
POPULATIONS.—In making information 
available to the public under this subsection, the Administrator 
shall, subject to the availability of appropriations, carry out 
targeted outreach strategies that focus on educating groups 
within the general population that may be at greater risk 
than the general population of adverse health effects from 
exposure to lead in drinking water.’’. 
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130 STAT. 1727 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 2107. LEAD TESTING IN SCHOOL AND CHILD CARE PROGRAM 
DRINKING WATER. 
(a) IN GENERAL.—Section 1464 of the Safe Drinking Water 
Act (42 U.S.C. 300j–24) is amended by striking subsection (d) and 
inserting the following: 
‘‘(d) VOLUNTARY SCHOOL
AND CHILD CARE PROGRAM LEAD 
TESTING GRANT PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CHILD CARE PROGRAM.—The term ‘child care pro-
gram’ has the meaning given the term ‘early childhood 
education program’ in section 103(8) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1003(8)). 
‘‘(B) LOCAL
EDUCATIONAL
AGENCY.—The term ‘local 
educational agency’ means— 
‘‘(i) a local educational agency (as defined in section 
8101 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7801)); 
‘‘(ii) a tribal education agency (as defined in section 
3 of the National Environmental Education Act (20 
U.S.C. 5502)); and 
‘‘(iii) a person that owns or operates a child care 
program facility. 
‘‘(2) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Water and Waste Act of 2016, 
the Administrator shall establish a voluntary school and 
child care program lead testing grant program to make 
grants available to States to assist local educational agen-
cies in voluntary testing for lead contamination in drinking 
water at schools and child care programs under the jurisdic-
tion of the local educational agencies. 
‘‘(B) DIRECT
GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—The Administrator may make a grant for the vol-
untary testing described in subparagraph (A) directly avail-
able to— 
‘‘(i) any local educational agency described in 
clause (i) or (iii) of paragraph (1)(B) located in a State 
that does not participate in the voluntary grant pro-
gram established under subparagraph (A); or 
‘‘(ii) any local educational agency described in 
clause (ii) of paragraph (1)(B). 
‘‘(3) APPLICATION.—To be eligible to receive a grant under 
this subsection, a State or local educational agency shall submit 
to the Administrator an application at such time, in such 
manner, and containing such information as the Administrator 
may require. 
‘‘(4) LIMITATION ON USE OF FUNDS.—Not more than 4 per-
cent of grant funds accepted by a State or local educational 
agency for a fiscal year under this subsection shall be used 
to pay the administrative costs of carrying out this subsection. 
‘‘(5) GUIDANCE; PUBLIC
AVAILABILITY.—As a condition of 
receiving a grant under this subsection, the recipient State 
or local educational agency shall ensure that each local edu-
cational agency to which grant funds are distributed shall— 
‘‘(A) expend grant funds in accordance with— 
‘‘(i) the guidance of the Environmental Protection 
Agency entitled ‘3Ts for Reducing Lead in Drinking 
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130 STAT. 1728 
PUBLIC LAW 114–322—DEC. 16, 2016 
Water in Schools: Revised Technical Guidance’ and 
dated October 2006 (or any successor guidance); or 
‘‘(ii) applicable State regulations or guidance 
regarding reducing lead in drinking water in schools 
and child care programs that are not less stringent 
than the guidance referred to in clause (i); and 
‘‘(B)(i) make available, if applicable, in the administra-
tive offices and, to the extent practicable, on the Internet 
website of the local educational agency for inspection by 
the public (including teachers, other school personnel, and 
parents) a copy of the results of any voluntary testing 
for lead contamination in school and child care program 
drinking water carried out using grant funds under this 
subsection; and 
‘‘(ii) notify parent, teacher, and employee organizations 
of the availability of the results described in clause (i). 
‘‘(6) MAINTENANCE OF EFFORT.—If resources are available 
to a State or local educational agency from any other Federal 
agency, a State, or a private foundation for testing for lead 
contamination in drinking water, the State or local educational 
agency shall demonstrate that the funds provided under this 
subsection will not displace those resources. 
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $20,000,000 
for each of fiscal years 2017 through 2021.’’. 
(b) REPEAL.—Section 1465 of the Safe Drinking Water Act 
(42 U.S.C. 300j–25) is repealed. 
SEC. 2108. WATER SUPPLY COST SAVINGS. 
(a) DRINKING
WATER
TECHNOLOGY
CLEARINGHOUSE.—The 
Administrator, in consultation with the Secretary of Agriculture, 
shall— 
(1) develop a technology clearinghouse for information on 
the cost-effectiveness of innovative and alternative drinking 
water delivery systems, including wells and well systems; and 
(2) disseminate such information to the public and to 
communities and not-for-profit organizations seeking Federal 
funding for drinking water delivery systems serving 500 or 
fewer persons. 
(b) WATER SYSTEM ASSESSMENT.—In any application for a grant 
or loan for the purpose of construction, replacement, or rehabilita-
tion of a drinking water delivery system serving 500 or fewer 
persons, the funding for which would come from the Federal Govern-
ment (either directly or through a State), a unit of local government 
or not-for-profit organization shall self-certify that the unit of local 
government or organization has considered, as an alternative 
drinking water supply, drinking water delivery systems sourced 
by publicly owned— 
(1) individual wells; 
(2) shared wells; and 
(3) community wells. 
(c) REPORT TO CONGRESS.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that describes— 
(1) the use of innovative and alternative drinking water 
delivery systems described in this section; 
42 USC 300j–3d. 
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130 STAT. 1729 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) the range of cost savings for communities using innova-
tive and alternative drinking water delivery systems described 
in this section; and 
(3) the use of drinking water technical assistance programs 
operated by the Administrator and the Secretary of Agriculture. 
SEC. 2109. INNOVATION IN THE PROVISION OF SAFE DRINKING WATER. 
(a) INNOVATIVE WATER TECHNOLOGIES.—Section 1442(a)(1) of 
the Safe Drinking Water Act (42 U.S.C. 300j–1(a)(1)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) by striking the period at the end of subparagraph (E) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(F) innovative water technologies (including technologies 
to improve water treatment to ensure compliance with this 
title and technologies to identify and mitigate sources of 
drinking water contamination, including lead contamination).’’. 
(b) TECHNICAL ASSISTANCE.—Section 1442 of the Safe Drinking 
Water Act (42 U.S.C. 300j-1) is amended— 
(1) in the heading for subsection (e), by inserting ‘‘TO SMALL 
PUBLIC WATER SYSTEMS’’ after ‘‘ASSISTANCE’’; and 
(2) by adding at the end the following new subsection: 
‘‘(f) TECHNICAL ASSISTANCE
FOR INNOVATIVE WATER TECH-
NOLOGIES.— 
‘‘(1) The Administrator may provide technical assistance 
to public water systems to facilitate use of innovative water 
technologies. 
‘‘(2) There are authorized to be appropriated to the 
Administrator for use in providing technical assistance under 
paragraph (1) $10,000,000 for each of fiscal years 2017 through 
2021.’’. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of the Water and Waste Act of 2016, and not less frequently than 
every 5 years thereafter, the Administrator shall report to Congress 
on— 
(1) the amount of funding used to provide technical assist-
ance under section 1442(f) of the Safe Drinking Water Act 
to deploy innovative water technologies; 
(2) the barriers impacting greater use of innovative water 
technologies; and 
(3) the cost-saving potential to cities and future infrastruc-
ture investments from innovative water technologies. 
SEC. 2110. SMALL SYSTEM TECHNICAL ASSISTANCE. 
Section 1452(q) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(q)) is amended by striking ‘‘appropriated’’ and all that 
follows through ‘‘2003’’ and inserting ‘‘made available to carry out 
this section for each of fiscal years 2016 through 2021’’. 
SEC. 2111. DEFINITION OF INDIAN TRIBE. 
Section 1401(14) of the Safe Drinking Water Act (42 U.S.C. 
300(f)(14)) is amended by striking ‘‘section 1452’’ and inserting 
‘‘sections 1452, 1459A, and 1459B’’. 
SEC. 2112. TECHNICAL ASSISTANCE FOR TRIBAL WATER SYSTEMS. 
(a) TECHNICAL ASSISTANCE.—Section 1442(e)(7) of the Safe 
Drinking Water Act (42 U.S.C. 300j–1(e)(7)) is amended by striking 
42 USC 300j–1 
note. 
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130 STAT. 1730 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘Tribes’’ and inserting ‘‘Tribes, including grants to provide training 
and operator certification services under section 1452(i)(5)’’. 
(b) INDIAN TRIBES.—Section 1452(i) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(i)) is amended— 
(1) in paragraph (1)— 
(A) in the first sentence, by striking ‘‘Tribes and Alaska 
Native villages’’ and inserting ‘‘Tribes, Alaska Native vil-
lages, and, for the purpose of carrying out paragraph (5), 
intertribal consortia or tribal organizations,’’; and 
(B) in the second sentence, by striking ‘‘The grants’’ 
and inserting ‘‘Except as otherwise provided, the grants’’; 
and 
(2) by adding at the end the following: 
‘‘(5) TRAINING AND OPERATOR CERTIFICATION.— 
‘‘(A) IN GENERAL.—The Administrator may use funds 
made available under this subsection and section 1442(e)(7) 
to make grants to intertribal consortia or tribal organiza-
tions for the purpose of providing operations and mainte-
nance training and operator certification services to Indian 
Tribes to enable public water systems that serve Indian 
Tribes to achieve and maintain compliance with applicable 
national primary drinking water regulations. 
‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.—Intertribal con-
sortia or tribal organizations eligible for a grant under 
subparagraph (A) are intertribal consortia or tribal 
organizations that— 
‘‘(i) as determined by the Administrator, are the 
most qualified and experienced to provide training and 
technical assistance to Indian Tribes; and 
‘‘(ii) the Indian Tribes find to be the most beneficial 
and effective.’’. 
SEC. 2113. MATERIALS REQUIREMENT FOR CERTAIN FEDERALLY 
FUNDED PROJECTS. 
Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(a)) is amended by adding at the end the following: 
‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 
‘‘(A) IN GENERAL.—During fiscal year 2017, funds made 
available from a State loan fund established pursuant to 
this section may not be used for a project for the construc-
tion, alteration, or repair of a public water system unless 
all of the iron and steel products used in the project are 
produced in the United States. 
‘‘(B) DEFINITION
OF
IRON
AND
STEEL
PRODUCTS.—In 
this paragraph, the term ‘iron and steel products’ means 
the following products made primarily of iron or steel: 
‘‘(i) Lined or unlined pipes and fittings. 
‘‘(ii) Manhole covers and other municipal castings. 
‘‘(iii) Hydrants. 
‘‘(iv) Tanks. 
‘‘(v) Flanges. 
‘‘(vi) Pipe clamps and restraints. 
‘‘(vii) Valves. 
‘‘(viii) Structural steel. 
‘‘(ix) Reinforced precast concrete. 
‘‘(x) Construction materials. 
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130 STAT. 1731 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(C) APPLICATION.—Subparagraph (A) shall be waived 
in any case or category of cases in which the Administrator 
finds that— 
‘‘(i) applying subparagraph (A) would be incon-
sistent with the public interest; 
‘‘(ii) iron and steel products are not produced in 
the United States in sufficient and reasonably available 
quantities and of a satisfactory quality; or 
‘‘(iii) inclusion of iron and steel products produced 
in the United States will increase the cost of the overall 
project by more than 25 percent. 
‘‘(D) WAIVER.—If the Administrator receives a request 
for a waiver under this paragraph, the Administrator shall 
make available to the public, on an informal basis, a copy 
of the request and information available to the Adminis-
trator concerning the request, and shall allow for informal 
public input on the request for at least 15 days prior 
to making a finding based on the request. The Adminis-
trator shall make the request and accompanying informa-
tion available by electronic means, including on the official 
public Internet site of the Agency. 
‘‘(E) INTERNATIONAL
AGREEMENTS.—This paragraph 
shall be applied in a manner consistent with United States 
obligations under international agreements. 
‘‘(F) MANAGEMENT
AND
OVERSIGHT.—The Adminis-
trator may retain up to 0.25 percent of the funds appro-
priated for this section for management and oversight of 
the requirements of this paragraph. 
‘‘(G) EFFECTIVE DATE.—This paragraph does not apply 
with respect to a project if a State agency approves the 
engineering plans and specifications for the project, in that 
agency’s capacity to approve such plans and specifications 
prior to a project requesting bids, prior to the date of 
enactment of this paragraph.’’. 
Subtitle B—Drinking Water Disaster Relief 
and Infrastructure Investments 
SEC. 2201. DRINKING WATER INFRASTRUCTURE. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a 
State for which the President has declared an emergency under 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.) relating to the public health 
threats associated with the presence of lead or other contami-
nants in drinking water provided by a public water system. 
(2) ELIGIBLE SYSTEM.—The term ‘‘eligible system’’ means 
a public water system that has been the subject of an emergency 
declaration referred to in paragraph (1). 
(3) LEAD SERVICE LINE.—The term ‘‘lead service line’’ means 
a pipe and its fittings, which are not lead free (as defined 
under section 1417 of the Safe Drinking Water Act (42 U.S.C. 
300g–6)), that connect the drinking water main to the building 
inlet. 
42 USC 300j–12 
note. 
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130 STAT. 1732 
PUBLIC LAW 114–322—DEC. 16, 2016 
(4) PUBLIC WATER SYSTEM.—The term ‘‘public water system’’ 
has the meaning given such term in section 1401(4) of the 
Safe Drinking Water Act (42 U.S.C. 300f(4)). 
(b) STATE REVOLVING LOAN FUND ASSISTANCE.— 
(1) IN GENERAL.—An eligible system shall be— 
(A) considered to be a disadvantaged community under 
section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(d)); and 
(B) eligible to receive loans with additional subsidiza-
tion under section 1452(d)(1) of that Act (42 U.S.C. 300j– 
12(d)(1)), including forgiveness of principal under that sec-
tion. 
(2) AUTHORIZATION.— 
(A) IN GENERAL.—Using funds provided pursuant to 
subsection (d), an eligible State may provide assistance 
to an eligible system within the eligible State for the pur-
pose of addressing lead or other contaminants in drinking 
water, including repair and replacement of lead service 
lines and public water system infrastructure. 
(B) INCLUSION.—Assistance provided under subpara-
graph (A) may include additional subsidization under sec-
tion 1452(d)(1) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(d)(1)), as described in paragraph (1)(B). 
(C) EXCLUSION.—Assistance provided under subpara-
graph (A) shall not include assistance for a project that 
is financed (directly or indirectly), in whole or in part, 
with proceeds of any obligation issued after the date of 
enactment of this Act— 
(i) the interest of which is exempt from the tax 
imposed under chapter 1 of the Internal Revenue Code 
of 1986; or 
(ii) with respect to which credit is allowable under 
subpart I or J of part IV of subchapter A of chapter 
1 of such Code. 
(3) INAPPLICABILITY OF LIMITATION.—Section 1452(d)(2) of 
the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(2)) shall 
not apply to— 
(A) any funds provided pursuant to subsection (d) of 
this section; 
(B) any other assistance provided to an eligible system; 
or 
(C) any funds required to match the funds provided 
under subsection (d). 
(c) NONDUPLICATION OF WORK.—An activity carried out pursu-
ant to this section shall not duplicate the work or activity of 
any other Federal or State department or agency. 
(d) ADDITIONAL DRINKING WATER STATE REVOLVING FUND 
CAPITALIZATION GRANTS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to the Administrator a total of $100,000,000 to provide addi-
tional capitalization grants to eligible States pursuant to section 
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), 
to be available for a period of 18 months beginning on the 
date on which the funds are made available, for the purposes 
described in subsection (b)(2), and after the end of the 18- 
month period, until expended for the purposes described in 
paragraph (3). 
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130 STAT. 1733 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) SUPPLEMENTED
INTENDED
USE
PLANS.—From funds 
made available under paragraph (1), the Administrator shall 
obligate to an eligible State such amounts as are necessary 
to meet the needs identified in a supplemented intended use 
plan for the purposes described in subsection (b)(2) by not 
later than 30 days after the date on which the eligible State 
submits to the Administrator a supplemented intended use 
plan under section 1452(b) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(b)) that includes preapplication information 
regarding projects to be funded using the additional assistance, 
including, with respect to each such project— 
(A) a description of the project; 
(B) an explanation of the means by which the project 
will address a situation causing a declared emergency in 
the eligible State; 
(C) the estimated cost of the project; and 
(D) the projected start date for construction of the 
project. 
(3) UNOBLIGATED AMOUNTS.—Any amounts made available 
to the Administrator under paragraph (1) that are unobligated 
on the date that is 18 months after the date on which the 
amounts are made available shall be available to provide addi-
tional grants to States to capitalize State loan funds as provided 
under section 1452 of the Safe Drinking Water Act (42 U.S.C. 
300j–12). 
(4) APPLICABILITY.— 
(A) Section 1452(b)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(b)(1)) shall not apply to a supplement 
to an intended use plan under paragraph (2). 
(B) Unless explicitly waived, all requirements under 
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) shall 
apply to funding provided under this subsection. 
(e) HEALTH EFFECTS EVALUATION.— 
(1) IN GENERAL.—Pursuant to section 104(i)(1)(E) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(i)(1)(E)), and on receipt 
of a request of an appropriate State or local health official 
of an eligible State, the Director of the Agency for Toxic Sub-
stances and Disease Registry of the National Center for 
Environmental Health shall in coordination with other agen-
cies, as appropriate, conduct voluntary surveillance activities 
to evaluate any adverse health effects on individuals exposed 
to lead from drinking water in the affected communities. 
(2) CONSULTATIONS.—Pursuant to section 104(i)(4) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(i)(4)), and on receipt 
of a request of an appropriate State or local health official 
of an eligible State, the Director of the Agency for Toxic Sub-
stances and Disease Registry of the National Center for 
Environmental Health shall provide consultations regarding 
health issues described in paragraph (1). 
(f) NO EFFECT ON OTHER PROJECTS.—This section shall not 
affect the application of any provision of the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or 
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to any project 
that does not receive assistance pursuant to this subtitle. 
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130 STAT. 1734 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 2202. SENSE OF CONGRESS. 
It is the sense of Congress that secured loans under the Water 
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 
et seq.) shall be— 
(1) initially appropriated at $20,000,000; and 
(2) used for eligible projects, including those to address 
lead and other contaminants in drinking water systems. 
SEC. 2203. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COM-
MITTEE. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means a city exposed to lead 
contamination in the local drinking water system. 
(2) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means 
the 
Advisory Committee established under subsection (c). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(b) LEAD EXPOSURE REGISTRY.—The Secretary shall establish 
within the Agency for Toxic Substances and Disease Registry or 
the Centers for Disease Control and Prevention at the discretion 
of the Secretary, or establish through a grant award or contract, 
a lead exposure registry to collect data on the lead exposure of 
residents of a City on a voluntary basis. 
(c) ADVISORY COMMITTEE.— 
(1) MEMBERSHIP.— 
(A) IN GENERAL.—The Secretary shall establish, within 
the Agency for Toxic Substances and Disease Registry an 
Advisory Committee in coordination with the Director of 
the Centers for Disease Control and Prevention and other 
relevant agencies as determined by the Secretary consisting 
of Federal members and non-Federal members, and which 
shall include— 
(i) an epidemiologist; 
(ii) a toxicologist; 
(iii) a mental health professional; 
(iv) a pediatrician; 
(v) an early childhood education expert; 
(vi) a special education expert; 
(vii) a dietician; and 
(viii) an environmental health expert. 
(B) REQUIREMENTS.—Membership in the Committee 
shall not exceed 15 members and not less than 1⁄2 of the 
members shall be Federal members. 
(2) CHAIR.—The Secretary shall designate a chair from 
among the Federal members appointed to the Committee. 
(3) TERMS.—Members of the Committee shall serve for 
a term of not more than 3 years and the Secretary may 
reappoint members for consecutive terms. 
(4) APPLICATION OF FACA.—The Committee shall be subject 
to the Federal Advisory Committee Act (5 U.S.C. App.). 
(5) RESPONSIBILITIES.—The Committee shall, at a min-
imum— 
(A) review the Federal programs and services available 
to individuals and communities exposed to lead; 
(B) review current research on lead poisoning to iden-
tify additional research needs; 
42 USC 300j–21. 
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130 STAT. 1735 
PUBLIC LAW 114–322—DEC. 16, 2016 
(C) review and identify best practices, or the need 
for best practices, regarding lead screening and the preven-
tion of lead poisoning; 
(D) identify effective services, including services 
relating to healthcare, education, and nutrition for individ-
uals and communities affected by lead exposure and lead 
poisoning, including in consultation with, as appropriate, 
the lead exposure registry as established in subsection 
(b); and 
(E) undertake any other review or activities that the 
Secretary determines to be appropriate. 
(6) REPORT.—Annually for 5 years and thereafter as deter-
mined necessary by the Secretary or as required by Congress, 
the Committee shall submit to the Secretary, the Committees 
on Finance, Health, Education, Labor, and Pensions, and Agri-
culture, Nutrition, and Forestry of the Senate and the Commit-
tees on Education and the Workforce, Energy and Commerce, 
and Agriculture of the House of Representatives a report that 
includes— 
(A) an evaluation of the effectiveness of the Federal 
programs and services available to individuals and commu-
nities exposed to lead; 
(B) an evaluation of additional lead poisoning research 
needs; 
(C) an assessment of any effective screening methods 
or best practices used or developed to prevent or screen 
for lead poisoning; 
(D) input and recommendations for improved access 
to effective services relating to health care, education, or 
nutrition for individuals and communities impacted by lead 
exposure; and 
(E) any other recommendations for communities 
affected by lead exposure, as appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for the period of fiscal years 2017 through 
2021— 
(1) $17,500,000 to carry out subsection (b); and 
(2) $2,500,000 to carry out subsection (c). 
SEC. 2204. OTHER LEAD PROGRAMS. 
(a) CHILDHOOD LEAD POISONING PREVENTION PROGRAM.—In 
addition to amounts made available through the Prevention and 
Public Health Fund established under section 4002 of Public Law 
111–148 (42 U.S.C. 300u-11) to carry out section 317A of the Public 
Health Service Act (42 U.S.C. 247b-1), there are authorized to 
be appropriated for the period of fiscal years 2017 and 2018, 
$15,000,000 for carrying out such section 317A. 
(b) HEALTHY START PROGRAM.—There are authorized to be 
appropriated for the period of fiscal years 2017 and 2018 
$15,000,000 to carry out the Healthy Start Initiative under section 
330H of the Public Health Service Act (42 U.S.C. 254c–8). 
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130 STAT. 1736 
PUBLIC LAW 114–322—DEC. 16, 2016 
Subtitle C—Control of Coal Combustion 
Residuals 
SEC. 2301. APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL 
COMBUSTION RESIDUALS. 
Section 4005 of the Solid Waste Disposal Act (42 U.S.C. 6945) 
is amended by adding at the end the following: 
‘‘(d) STATE PROGRAMS
FOR CONTROL
OF COAL COMBUSTION 
RESIDUALS.— 
‘‘(1) APPROVAL BY ADMINISTRATOR.— 
‘‘(A) IN
GENERAL.—Each State may submit to the 
Administrator, in such form as the Administrator may 
establish, evidence of a permit program or other system 
of prior approval and conditions under State law for regula-
tion by the State of coal combustion residuals units that 
are located in the State that, after approval by the Adminis-
trator, will operate in lieu of regulation of coal combustion 
residuals units in the State by— 
‘‘(i) application of part 257 of title 40, Code of 
Federal Regulations (or successor regulations promul-
gated pursuant to sections 1008(a)(3) and 4004(a)); 
or 
‘‘(ii) implementation by the Administrator of a 
permit program under paragraph (2)(B). 
‘‘(B) REQUIREMENT.—Not later than 180 days after the 
date on which a State submits the evidence described in 
subparagraph (A), the Administrator, after public notice 
and an opportunity for public comment, shall approve, in 
whole or in part, a permit program or other system of 
prior approval and conditions submitted under subpara-
graph (A) if the Administrator determines that the program 
or other system requires each coal combustion residuals 
unit located in the State to achieve compliance with— 
‘‘(i) the applicable criteria for coal combustion 
residuals units under part 257 of title 40, Code of 
Federal Regulations (or successor regulations promul-
gated pursuant to sections 1008(a)(3) and 4004(a)); 
or 
‘‘(ii) such other State criteria that the Adminis-
trator, after consultation with the State, determines 
to be at least as protective as the criteria described 
in clause (i). 
‘‘(C) PERMIT REQUIREMENTS.—The Administrator shall 
approve under subparagraph (B)(ii) a State permit program 
or other system of prior approval and conditions that allows 
a State to include technical standards for individual per-
mits or conditions of approval that differ from the criteria 
under part 257 of title 40, Code of Federal Regulations 
(or successor regulations promulgated pursuant to sections 
1008(a)(3) and 4004(a)) if, based on site-specific conditions, 
the Administrator determines that the technical standards 
established pursuant to a State permit program or other 
system are at least as protective as the criteria under 
that part. 
‘‘(D) PROGRAM REVIEW AND NOTIFICATION.— 
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130 STAT. 1737 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(i) PROGRAM
REVIEW.—The Administrator shall 
review a State permit program or other system of 
prior approval and conditions that is approved under 
subparagraph (B)— 
‘‘(I) from time to time, as the Administrator 
determines necessary, but not less frequently than 
once every 12 years; 
‘‘(II) not later than 3 years after the date 
on which the Administrator revises the applicable 
criteria for coal combustion residuals units under 
part 257 of title 40, Code of Federal Regulations 
(or successor regulations promulgated pursuant to 
sections 1008(a)(3) and 4004(a)); 
‘‘(III) not later than 1 year after the date of 
a significant release (as defined by the Adminis-
trator), that was not authorized at the time the 
release occurred, from a coal combustion residuals 
unit located in the State; and 
‘‘(IV) on request of any other State that asserts 
that the soil, groundwater, or surface water of 
the State is or is likely to be adversely affected 
by a release or potential release from a coal 
combustion residuals unit located in the State for 
which the program or other system was approved. 
‘‘(ii) NOTIFICATION AND OPPORTUNITY FOR A PUBLIC 
HEARING.—The Administrator shall provide to a State 
notice of deficiencies with respect to the permit pro-
gram or other system of prior approval and conditions 
of the State that is approved under subparagraph (B), 
and an opportunity for a public hearing, if the Adminis-
trator determines that— 
‘‘(I) a revision or correction to the permit pro-
gram or other system of prior approval and condi-
tions of the State is necessary to ensure that the 
permit program or other system of prior approval 
and conditions continues to ensure that each coal 
combustion residuals unit located in the State 
achieves compliance with the criteria described in 
clauses (i) and (ii) of subparagraph (B); 
‘‘(II) the State has not implemented an ade-
quate permit program or other system of prior 
approval and conditions that requires each coal 
combustion residuals unit located in the State to 
achieve compliance with the criteria described in 
subparagraph (B); or 
‘‘(III) the State has, at any time, approved 
or failed to revoke a permit for a coal combustion 
residuals unit, a release from which adversely 
affects or is likely to adversely affect the soil, 
groundwater, or surface water of another State. 
‘‘(E) WITHDRAWAL.— 
‘‘(i) IN GENERAL.—The Administrator shall with-
draw approval of a State permit program or other 
system of prior approval and conditions if, after the 
Administrator provides notice and an opportunity for 
a public hearing to the relevant State under subpara-
graph (D)(ii), the Administrator determines that the 
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130 STAT. 1738 
PUBLIC LAW 114–322—DEC. 16, 2016 
State has not corrected the deficiencies identified by 
the Administrator under subparagraph (D)(ii). 
‘‘(ii) REINSTATEMENT
OF
STATE
APPROVAL.—Any 
withdrawal of approval under clause (i) shall cease 
to be effective on the date on which the Administrator 
makes a determination that the State has corrected 
the deficiencies identified by the Administrator under 
subparagraph (D)(ii). 
‘‘(2) NONPARTICIPATING STATES.— 
‘‘(A) DEFINITION OF NONPARTICIPATING STATE.—In this 
paragraph, the term ‘nonparticipating State’ means a 
State— 
‘‘(i) for which the Administrator has not approved 
a State permit program or other system of prior 
approval and conditions under paragraph (1)(B); 
‘‘(ii) the Governor of which has not submitted to 
the Administrator for approval evidence to operate a 
State permit program or other system of prior approval 
and conditions under paragraph (1)(A); 
‘‘(iii) the Governor of which provides notice to the 
Administrator that, not fewer than 90 days after the 
date on which the Governor provides the notice to 
the Administrator, the State will relinquish an 
approval under paragraph (1)(B) to operate a permit 
program or other system of prior approval and condi-
tions; or 
‘‘(iv) for which the Administrator has withdrawn 
approval for a permit program or other system of prior 
approval and conditions under paragraph (1)(E). 
‘‘(B) IMPLEMENTATION
OF
PERMIT
PROGRAM.—In the 
case of a nonparticipating State and subject to the avail-
ability of appropriations specifically provided in an appro-
priations Act to carry out a program in a nonparticipating 
State, the Administrator shall implement a permit program 
to require each coal combustion residuals unit located in 
the nonparticipating State to achieve compliance with 
applicable criteria established by the Administrator under 
part 257 of title 40, Code of Federal Regulations (or suc-
cessor regulations promulgated pursuant to sections 
1008(a)(3) and 4004(a)). 
‘‘(3) APPLICABILITY OF CRITERIA.—The applicable criteria 
for coal combustion residuals units under part 257 of title 
40, Code of Federal Regulations (or successor regulations 
promulgated pursuant to sections 1008(a)(3) and 4004(a)), shall 
apply to each coal combustion residuals unit in a State unless— 
‘‘(A) a permit under a State permit program or other 
system of prior approval and conditions approved by the 
Administrator under paragraph (1)(B) is in effect for the 
coal combustion residuals unit; or 
‘‘(B) a permit issued by the Administrator in a State 
in which the Administrator is implementing a permit pro-
gram under paragraph (2)(B) is in effect for the coal 
combustion residuals unit. 
‘‘(4) PROHIBITION ON OPEN DUMPING.— 
‘‘(A) IN
GENERAL.—The Administrator may use the 
authority provided by sections 3007 and 3008 to enforce 
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130 STAT. 1739 
PUBLIC LAW 114–322—DEC. 16, 2016 
the prohibition on open dumping under subsection (a) with 
respect to a coal combustion residuals unit— 
‘‘(i) in a nonparticipating State (as defined in para-
graph (2)); and 
‘‘(ii) located in a State that is approved to operate 
a permit program or other system of prior approval 
and conditions under paragraph (1)(B), in accordance 
with subparagraph (B) of this paragraph. 
‘‘(B) FEDERAL ENFORCEMENT IN AN APPROVED STATE.— 
‘‘(i) IN GENERAL.—In the case of a coal combustion 
residuals unit located in a State that is approved to 
operate a permit program or other system of prior 
approval and conditions under paragraph (1)(B), the 
Administrator may commence an administrative or 
judicial enforcement action under section 3008 if— 
‘‘(I) the State requests that the Administrator 
provide assistance in the performance of an 
enforcement action; or 
‘‘(II) after consideration of any other adminis-
trative or judicial enforcement action involving the 
coal combustion residuals unit, the Administrator 
determines that an enforcement action is likely 
to be necessary to ensure that the coal combustion 
residuals unit is operating in accordance with the 
criteria established under the permit program or 
other system of prior approval and conditions. 
‘‘(ii) NOTIFICATION.—In the case of an enforcement 
action by the Administrator under clause (i)(II), before 
issuing an order or commencing a civil action, the 
Administrator shall notify the State in which the coal 
combustion residuals unit is located. 
‘‘(iii) ANNUAL REPORT TO CONGRESS.— 
‘‘(I) IN
GENERAL.—Subject to subclause (II), 
not later than December 31, 2017, and December 
31 of each year thereafter, the Administrator shall 
submit to the Committee on Environment and 
Public Works of the Senate and the Committee 
on Energy and Commerce of the House of Rep-
resentatives a report that describes any enforce-
ment action commenced under clause (i), including 
a description of the basis for the enforcement 
action. 
‘‘(II) APPLICABILITY.—Subclause (I) shall not 
apply for any calendar year during which the 
Administrator does not commence an enforcement 
action under clause (i). 
‘‘(5) INDIAN COUNTRY.—The Administrator shall establish 
and carry out a permit program, in accordance with this sub-
section, for coal combustion residuals units in Indian country 
(as defined in section 1151 of title 18, United States Code) 
to require each coal combustion residuals unit located in Indian 
country to achieve compliance with the applicable criteria estab-
lished by the Administrator under part 257 of title 40, Code 
of Federal Regulations (or successor regulations promulgated 
pursuant to sections 1008(a)(3) and 4004(a)). 
‘‘(6) TREATMENT OF COAL COMBUSTION RESIDUALS UNITS.— 
A coal combustion residuals unit shall be considered to be 
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130 STAT. 1740 
PUBLIC LAW 114–322—DEC. 16, 2016 
a sanitary landfill for purposes of this Act, including subsection 
(a), only if the coal combustion residuals unit is operating 
in accordance with— 
‘‘(A) the requirements of a permit issued by— 
‘‘(i) the State in accordance with a program or 
system approved under paragraph (1)(B); or 
‘‘(ii) the Administrator pursuant to paragraph 
(2)(B) or paragraph (5); or 
‘‘(B) the applicable criteria for coal combustion 
residuals units under part 257 of title 40, Code of Federal 
Regulations (or successor regulations promulgated pursu-
ant to sections 1008(a)(3) and 4004(a)). 
‘‘(7) EFFECT OF SUBSECTION.—Nothing in this subsection 
affects any authority, regulatory determination, other law, or 
legal obligation in effect on the day before the date of enactment 
of the Water and Waste Act of 2016.’’. 
TITLE III—NATURAL RESOURCES 
Subtitle A—Indian Dam Safety 
SEC. 3101. INDIAN DAM SAFETY. 
(a) DEFINITIONS.—In this section: 
(1) DAM.— 
(A) IN GENERAL.—The term ‘‘dam’’ has the meaning 
given the term in section 2 of the National Dam Safety 
Program Act (33 U.S.C. 467). 
(B) INCLUSIONS.—The term ‘‘dam’’ includes any struc-
ture, facility, equipment, or vehicle used in connection with 
the operation of a dam. 
(2) FUND.—The term ‘‘Fund’’ means, as applicable— 
(A) the High-Hazard Indian Dam Safety Deferred 
Maintenance Fund established by subsection (b)(1)(A); or 
(B) the Low-Hazard Indian Dam Safety Deferred 
Maintenance Fund established by subsection (b)(2)(A). 
(3) HIGH HAZARD POTENTIAL DAM.—The term ‘‘high hazard 
potential dam’’ means a dam assigned to the significant or 
high hazard potential classification under the guidelines pub-
lished by the Federal Emergency Management Agency entitled 
‘‘Federal Guidelines for Dam Safety: Hazard Potential Classi-
fication System for Dams’’ (FEMA Publication Number 333). 
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
(5) LOW HAZARD POTENTIAL DAM.—The term ‘‘low hazard 
potential dam’’ means a dam assigned to the low hazard poten-
tial classification under the guidelines published by the Federal 
Emergency Management Agency entitled ‘‘Federal Guidelines 
for Dam Safety: Hazard Potential Classification System for 
Dams’’ (FEMA Publication Number 333). 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Assistant Secretary for 
Indian Affairs, in consultation with the Secretary of the Army. 
(b) INDIAN DAM SAFETY DEFERRED MAINTENANCE FUNDS.— 
(1) HIGH-HAZARD FUND.— 
25 USC 3805. 
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130 STAT. 1741 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as 
the ‘‘High-Hazard Indian Dam Safety Deferred Mainte-
nance Fund’’, consisting of— 
(i) such amounts as are deposited in the Fund 
under subparagraph (B); and 
(ii) any interest earned on investment of amounts 
in the Fund under subparagraph (D). 
(B) DEPOSITS TO FUND.— 
(i) IN
GENERAL.—For each of fiscal years 2017 
through 2023, the Secretary of the Treasury shall 
deposit in the Fund $22,750,000 from the general fund 
of the Treasury. 
(ii) AVAILABILITY OF AMOUNTS.—Amounts depos-
ited in the Fund under clause (i) shall be used, subject 
to appropriation, to carry out this section. 
(C) EXPENDITURES FROM FUND.— 
(i) IN GENERAL.—Subject to clause (ii), for each 
of fiscal years 2017 through 2023, the Secretary may, 
to the extent provided in advance in appropriations 
Acts, expend from the Fund, in accordance with this 
section, not more than the sum of— 
(I) $22,750,000; and 
(II) the amount of interest accrued in the 
Fund. 
(ii) ADDITIONAL
EXPENDITURES.—The Secretary 
may expend more than $22,750,000 for any fiscal year 
referred to in clause (i) if the additional amounts are 
available in the Fund as a result of a failure of the 
Secretary to expend all of the amounts available under 
clause (i) in 1 or more prior fiscal years. 
(D) INVESTMENTS OF AMOUNTS.— 
(i) IN GENERAL.—The Secretary of the Treasury 
shall invest such portion of the Fund as is not, in 
the judgment of the Secretary, required to meet current 
withdrawals. 
(ii) CREDITS TO FUND.—The interest on, and the 
proceeds from the sale or redemption of, any obligations 
held in the Fund shall be credited to, and form a 
part of, the Fund. 
(E) TRANSFERS OF AMOUNTS.— 
(i) IN
GENERAL.—The amounts required to be 
transferred to the Fund under this paragraph shall 
be transferred at least monthly. 
(ii) ADJUSTMENTS.—Proper adjustment shall be 
made in amounts subsequently transferred to the 
extent prior estimates are in excess of or less than 
the amounts required to be transferred. 
(F) TERMINATION.—On September 30, 2023— 
(i) the Fund shall terminate; and 
(ii) the unexpended and unobligated balance of 
the Fund shall be transferred to the general fund of 
the Treasury. 
(2) LOW-HAZARD FUND.— 
(A) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as 
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130 STAT. 1742 
PUBLIC LAW 114–322—DEC. 16, 2016 
the ‘‘Low-Hazard Indian Dam Safety Deferred Maintenance 
Fund’’, consisting of— 
(i) such amounts as are deposited in the Fund 
under subparagraph (B); and 
(ii) any interest earned on investment of amounts 
in the Fund under subparagraph (D). 
(B) DEPOSITS TO FUND.— 
(i) IN
GENERAL.—For each of fiscal years 2017 
through 2023, the Secretary of the Treasury shall 
deposit in the Fund $10,000,000 from the general fund 
of the Treasury. 
(ii) AVAILABILITY OF AMOUNTS.—Amounts depos-
ited in the Fund under clause (i) shall be used, subject 
to appropriation, to carry out this section. 
(C) EXPENDITURES FROM FUND.— 
(i) IN GENERAL.—Subject to clause (ii), for each 
of fiscal years 2017 through 2023, the Secretary may, 
to the extent provided in advance in appropriations 
Acts, expend from the Fund, in accordance with this 
section, not more than the sum of— 
(I) $10,000,000; and 
(II) the amount of interest accrued in the 
Fund. 
(ii) ADDITIONAL
EXPENDITURES.—The Secretary 
may expend more than $10,000,000 for any fiscal year 
referred to in clause (i) if the additional amounts are 
available in the Fund as a result of a failure of the 
Secretary to expend all of the amounts available under 
clause (i) in 1 or more prior fiscal years. 
(D) INVESTMENTS OF AMOUNTS.— 
(i) IN GENERAL.—The Secretary of the Treasury 
shall invest such portion of the Fund as is not, in 
the judgment of the Secretary, required to meet current 
withdrawals. 
(ii) CREDITS TO FUND.—The interest on, and the 
proceeds from the sale or redemption of, any obligations 
held in the Fund shall be credited to, and form a 
part of, the Fund. 
(E) TRANSFERS OF AMOUNTS.— 
(i) IN
GENERAL.—The amounts required to be 
transferred to the Fund under this paragraph shall 
be transferred at least monthly. 
(ii) ADJUSTMENTS.—Proper adjustment shall be 
made in amounts subsequently transferred to the 
extent prior estimates are in excess of or less than 
the amounts required to be transferred. 
(F) TERMINATION.—On September 30, 2023— 
(i) the Fund shall terminate; and 
(ii) the unexpended and unobligated balance of 
the Fund shall be transferred to the general fund of 
the Treasury. 
(c) REPAIR, REPLACEMENT, AND MAINTENANCE
OF CERTAIN 
INDIAN DAMS.— 
(1) PROGRAM ESTABLISHMENT.— 
(A) IN GENERAL.—The Secretary shall establish a pro-
gram to address the deferred maintenance needs of Indian 
dams that— 
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130 STAT. 1743 
PUBLIC LAW 114–322—DEC. 16, 2016 
(i) create flood risks or other risks to public or 
employee safety or natural or cultural resources; and 
(ii) unduly impede the management and efficiency 
of Indian dams. 
(B) FUNDING.— 
(i) HIGH-HAZARD
FUND.—Consistent with sub-
section (b)(1)(B), the Secretary shall use or transfer 
to the Bureau of Indian Affairs not less than 
$22,750,000 of amounts in the High-Hazard Indian 
Dam Safety Deferred Maintenance Fund, plus accrued 
interest, for each of fiscal years 2017 through 2023 
to carry out maintenance, repair, and replacement 
activities for 1 or more of the Indian dams described 
in paragraph (2)(A). 
(ii) LOW-HAZARD
FUND.—Consistent with sub-
section (b)(2)(B), the Secretary shall use or transfer 
to the Bureau of Indian Affairs not less than 
$10,000,000 of amounts in the Low-Hazard Indian Dam 
Safety Deferred Maintenance Fund, plus accrued 
interest, for each of fiscal years 2017 through 2023 
to carry out maintenance, repair, and replacement 
activities for 1 or more of the Indian dams described 
in paragraph (2)(B). 
(C) COMPLIANCE WITH DAM SAFETY POLICIES.—Mainte-
nance, repair, and replacement activities for Indian dams 
under this section shall be carried out in accordance with 
the dam safety policies of the Director of the Bureau of 
Indian Affairs established to carry out the Indian Dams 
Safety Act of 1994 (25 U.S.C. 3801 et seq.). 
(2) ELIGIBLE DAMS.— 
(A) HIGH HAZARD POTENTIAL DAMS.—The dams eligible 
for funding under paragraph (1)(B)(i) are Indian high 
hazard potential dams in the United States that— 
(i) are included in the safety of dams program 
established pursuant to the Indian Dams Safety Act 
of 1994 (25 U.S.C. 3801 et seq.); and 
(iii)(I)(aa) are owned by the Federal Government, 
as listed in the Federal inventory required by Executive 
Order 13327 (40 U.S.C. 121 note; relating to Federal 
real property asset management); and 
(bb) are managed by the Bureau of Indian Affairs 
(including dams managed under contracts or compacts 
pursuant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.)); or 
(II) have deferred maintenance documented by the 
Bureau of Indian Affairs. 
(B) LOW HAZARD POTENTIAL DAMS.—The dams eligible 
for funding under paragraph (1)(B)(ii) are Indian low 
hazard potential dams in the United States that, on the 
date of enactment of this Act— 
(i) are covered under the Indian Dams Safety Act 
of 1994 (25 U.S.C. 3801 et seq.); and 
(ii)(I)(aa) are owned by the Federal Government, 
as listed in the Federal inventory required by Executive 
Order 13327 (40 U.S.C. 121 note; relating to Federal 
real property asset management); and 
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130 STAT. 1744 
PUBLIC LAW 114–322—DEC. 16, 2016 
(bb) are managed by the Bureau of Indian Affairs 
(including dams managed under contracts or compacts 
pursuant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.)); or 
(II) have deferred maintenance documented by the 
Bureau of Indian Affairs. 
(3) REQUIREMENTS AND CONDITIONS.—Not later than 120 
days after the date of enactment of this Act and as a pre-
condition to amounts being expended from the Fund to carry 
out this subsection, the Secretary, in consultation with rep-
resentatives of affected Indian tribes, shall develop and submit 
to Congress— 
(A) programmatic goals to carry out this subsection 
that— 
(i) would enable the completion of repairing, 
replacing, improving, or performing maintenance on 
Indian dams as expeditiously as practicable, subject 
to the dam safety policies of the Director of the Bureau 
of Indian Affairs established to carry out the Indian 
Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); 
(ii) facilitate or improve the ability of the Bureau 
of Indian Affairs to carry out the mission of the Bureau 
of Indian Affairs in operating an Indian dam; and 
(iii) ensure that the results of government-to- 
government consultation required under paragraph (4) 
be addressed; and 
(B) funding prioritization criteria to serve as a method-
ology for distributing funds under this subsection that take 
into account— 
(i) the extent to which deferred maintenance of 
Indian dams poses a threat to— 
(I) public or employee safety or health; 
(II) natural or cultural resources; or 
(III) the ability of the Bureau of Indian Affairs 
to carry out the mission of the Bureau of Indian 
Affairs in operating an Indian dam; 
(ii) the extent to which repairing, replacing, 
improving, or performing maintenance on an Indian 
dam will— 
(I) improve public or employee safety, health, 
or accessibility; 
(II) assist in compliance with codes, standards, 
laws, or other requirements; 
(III) address unmet needs; or 
(IV) assist in protecting natural or cultural 
resources; 
(iii) the methodology of the rehabilitation priority 
index of the Secretary, as in effect on the date of 
enactment of this Act; 
(iv) the potential economic benefits of the expendi-
tures on job creation and general economic develop-
ment in the affected tribal communities; 
(v) the ability of an Indian dam to address tribal, 
regional, and watershed level flood prevention needs; 
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130 STAT. 1745 
PUBLIC LAW 114–322—DEC. 16, 2016 
(vi) the need to comply with the dam safety policies 
of the Director of the Bureau of Indian Affairs estab-
lished to carry out the Indian Dams Safety Act of 
1994 (25 U.S.C. 3801 et seq.); 
(vii) the ability of the water storage capacity of 
an Indian dam to be increased to prevent flooding 
in downstream tribal and nontribal communities; and 
(viii) such other factors as the Secretary deter-
mines to be appropriate to prioritize the use of avail-
able funds that are, to the fullest extent practicable, 
consistent with tribal and user recommendations 
received pursuant to the consultation and input process 
under paragraph (4). 
(4) TRIBAL CONSULTATION AND USER INPUT.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), before expending funds on an Indian dam pursuant 
to paragraph (1) and not later than 60 days after the 
date of enactment of this Act, the Secretary shall— 
(i) consult with the Director of the Bureau of 
Indian Affairs on the expenditure of funds; 
(ii) ensure that the Director of the Bureau of 
Indian Affairs advises the Indian tribe that has juris-
diction over the land on which a dam eligible to receive 
funding under paragraph (2) is located on the expendi-
ture of funds; and 
(iii) solicit and consider the input, comments, and 
recommendations of the landowners served by the 
Indian dam. 
(B) EMERGENCIES.—If the Secretary determines that 
an emergency circumstance exists with respect to an Indian 
dam, subparagraph (A) shall not apply with respect to 
that Indian dam. 
(5) ALLOCATION AMONG DAMS.— 
(A) IN GENERAL.—Subject to subparagraph (B), to the 
maximum extent practicable, the Secretary shall ensure 
that, for each of fiscal years 2017 through 2023, each 
Indian dam eligible for funding under paragraph (2) that 
has critical maintenance needs receives part of the funding 
under paragraph (1) to address critical maintenance needs. 
(B) PRIORITY.—In allocating amounts under paragraph 
(1)(B), in addition to considering the funding priorities 
described in paragraph (3), the Secretary shall give priority 
to Indian dams eligible for funding under paragraph (2) 
that serve— 
(i) more than 1 Indian tribe within an Indian 
reservation; or 
(ii) highly populated Indian communities, as deter-
mined by the Secretary. 
(C) CAP ON FUNDING.— 
(i) IN GENERAL.—Subject to clause (ii), in allocating 
amounts under paragraph (1)(B), the Secretary shall 
allocate not more than $10,000,000 to any individual 
dam described in paragraph (2) during any consecutive 
3-year period. 
(ii) 
EXCEPTION.—Notwithstanding 
the 
cap 
described in clause (i), if the full amount under para-
graph (1)(B) cannot be fully allocated to eligible Indian 
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130 STAT. 1746 
PUBLIC LAW 114–322—DEC. 16, 2016 
dams because the costs of the remaining activities 
authorized in paragraph (1)(B) of an Indian dam would 
exceed the cap described in clause (i), the Secretary 
may allocate the remaining funds to eligible Indian 
dams in accordance with this subsection. 
(D) BASIS OF FUNDING.—Any amounts made available 
under this paragraph shall be nonreimbursable. 
(E) APPLICABILITY OF ISDEAA.—The Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 5301 
et seq.) shall apply to activities carried out under this 
paragraph. 
(d) TRIBAL SAFETY OF DAMS COMMITTEE.— 
(1) ESTABLISHMENT OF COMMITTEE.— 
(A) ESTABLISHMENT.—The Secretary of the Interior 
shall establish within the Bureau of Indian Affairs the 
Tribal Safety of Dams Committee (referred to in this para-
graph as the ‘‘Committee’’). 
(B) MEMBERSHIP.— 
(i) COMPOSITION.—The Committee shall be com-
posed of 15 members, of whom— 
(I) 11 shall be appointed by the Secretary of 
the Interior from among individuals who, to the 
maximum extent practicable, have knowledge and 
expertise in dam safety issues and flood prevention 
and mitigation, of whom not less than 1 shall 
be a member of an Indian tribe in each of the 
Bureau of Indian Affairs regions of— 
(aa) the Northwest Region; 
(bb) the Pacific Region; 
(cc) the Western Region; 
(dd) the Navajo Region; 
(ee) the Southwest Region; 
(ff) the Rocky Mountain Region; 
(gg) the Great Plans Region; and 
(hh) the Midwest Region; 
(II) 2 shall be appointed by the Secretary of 
the Interior from among employees of the Bureau 
of Indian Affairs who have knowledge and exper-
tise in dam safety issues and flood prevention and 
mitigation; 
(III) 1 shall be appointed by the Secretary 
of the Interior from among employees of the 
Bureau of Reclamation who have knowledge and 
expertise in dam safety issues and flood prevention 
and mitigation; and 
(IV) 1 shall be appointed by the Secretary 
of the Army from among employees of the Corps 
of Engineers who have knowledge and expertise 
in dam safety issues and flood prevention and 
mitigation. 
(ii) NONVOTING MEMBERS.—The members of the 
Committee appointed under subclauses (II) and (III) 
of clause (i) shall be nonvoting members. 
(iii) DATE.—The appointments of the members of 
the Committee shall be made as soon as practicable 
after the date of enactment of this Act. 
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130 STAT. 1747 
PUBLIC LAW 114–322—DEC. 16, 2016 
(C) PERIOD
OF
APPOINTMENT.—Members shall be 
appointed for the life of the Committee. 
(D) VACANCIES.—Any vacancy in the Committee shall 
not affect the powers of the Committee, but shall be filled 
in the same manner as the original appointment. 
(E) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Committee have 
been appointed, the Committee shall hold the first meeting. 
(F) MEETINGS.—The Committee shall meet at the call 
of the Chairperson. 
(G) QUORUM.—A majority of the members of the Com-
mittee shall constitute a quorum, but a lesser number 
of members may hold hearings. 
(H) CHAIRPERSON AND VICE CHAIRPERSON.—The Com-
mittee shall select a Chairperson and Vice Chairperson 
from among the members. 
(2) DUTIES OF THE COMMITTEE.— 
(A) STUDY.—The Committee shall conduct a thorough 
study of all matters relating to the modernization of the 
Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.). 
(B) RECOMMENDATIONS.—The Committee shall develop 
recommendations for legislation to improve the Indian 
Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.). 
(C) REPORT.—Not later than 1 year after the date 
on which the Committee holds the first meeting, the Com-
mittee shall submit a report containing a detailed state-
ment of the findings and conclusions of the Committee, 
together with recommendations for legislation that the 
Committee considers appropriate, to— 
(i) the Committee on Indian Affairs of the Senate; 
and 
(ii) the Committee on Natural Resources of the 
House of Representatives. 
(3) POWERS OF THE COMMITTEE.— 
(A) 
HEARINGS.—The 
Committee 
may 
hold 
such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Committee 
considers appropriate to carry out this paragraph. 
(B) INFORMATION FROM FEDERAL AGENCIES.— 
(i) IN
GENERAL.—The Committee may secure 
directly from any Federal department or agency such 
information as the Committee considers necessary to 
carry out this paragraph. 
(ii) REQUEST.—On request of the Chairperson of 
the Committee, the head of any Federal department 
or agency shall furnish information described in clause 
(i) to the Committee. 
(C) POSTAL SERVICES.—The Committee may use the 
United States mails in the same manner and under the 
same conditions as other departments and agencies of the 
Federal Government. 
(D) GIFTS.—The Committee may accept, use, and dis-
pose of gifts or donations of services or property. 
(4) COMMITTEE PERSONNEL MATTERS.— 
(A) COMPENSATION OF MEMBERS.— 
(i) NON-FEDERAL MEMBERS.—Each member of the 
Committee who is not an officer or employee of the 
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130 STAT. 1748 
PUBLIC LAW 114–322—DEC. 16, 2016 
Federal Government shall be compensated at a rate 
equal to the daily equivalent of the annual rate of 
basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which 
the member is engaged in the performance of the duties 
of the Committee. 
(ii) FEDERAL MEMBERS.—Each member of the Com-
mittee who is an officer or employee of the Federal 
Government shall serve without compensation in addi-
tion to that received for services as an officer or 
employee of the Federal Government. 
(B) TRAVEL EXPENSES.—The members of the Committee 
shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United 
States Code, while away from their homes or regular places 
of business in the performance of services for the Com-
mittee. 
(C) STAFF.— 
(i) IN GENERAL.— 
(I) APPOINTMENT.—The Chairperson of the 
Committee may, without regard to the civil service 
laws and regulations, appoint and terminate an 
executive director and such other additional per-
sonnel as may be necessary to enable the Com-
mittee to perform the duties of the Committee. 
(II) CONFIRMATION.—The employment of an 
executive director shall be subject to confirmation 
by the Committee. 
(ii) COMPENSATION.—The Chairperson of the Com-
mittee may fix the compensation of the executive 
director and other personnel without regard to chapter 
51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and 
General Schedule pay rates, except that the rate of 
pay for the executive director and other personnel may 
not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of that title. 
(D) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 
Government employee may be detailed to the Committee 
without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege. 
(E) PROCUREMENT OF TEMPORARY AND INTERMITTENT 
SERVICES.—The Chairperson of the Committee may procure 
temporary and intermittent services under section 3109(b) 
of title 5, United States Code, at rates for individuals 
that do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of that title. 
(5) TERMINATION OF THE COMMITTEE.—The Committee shall 
terminate 90 days after the date on which the Committee 
submits the report under paragraph (2)(C). 
(6) FUNDING.—Of the amounts authorized to be expended 
from either Fund, $1,000,000 shall be made available from 
either Fund during fiscal year 2017 to carry out this subsection, 
to remain available until expended. 
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130 STAT. 1749 
PUBLIC LAW 114–322—DEC. 16, 2016 
(e) INDIAN DAM SURVEYS.— 
(1) TRIBAL
REPORTS.—The Secretary shall request that, 
not less frequently than once every 180 days, each Indian 
tribe submit to the Secretary a report providing an inventory 
of the dams located on the land of the Indian tribe. 
(2) BIA REPORTS.—Not less frequently than once each year, 
the Secretary shall submit to Congress a report describing 
the condition of each dam under the partial or total jurisdiction 
of the Secretary. 
(f) FLOOD PLAIN MANAGEMENT PILOT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall establish, within 
the Bureau of Indian Affairs, a flood plain management pilot 
program (referred to in this subsection as the ‘‘program’’) to 
provide, at the request of an Indian tribe, guidance to the 
Indian tribe relating to best practices for the mitigation and 
prevention of floods, including consultation with the Indian 
tribe on— 
(A) flood plain mapping; or 
(B) new construction planning. 
(2) TERMINATION.—The program shall terminate on the 
date that is 4 years after the date of enactment of this Act. 
(3) FUNDING.—Of the amounts authorized to be expended 
from either Fund, $250,000 shall be made available from either 
Fund during each of fiscal years 2017, 2018, and 2019 to 
carry out this subsection, to remain available until expended. 
Subtitle B—Irrigation Rehabilitation and 
Renovation for Indian Tribal Govern-
ments and Their Economies 
SEC. 3201. DEFINITIONS. 
In this subtitle: 
(1) DEFERRED MAINTENANCE.—The term ‘‘deferred mainte-
nance’’ means any maintenance activity that was delayed to 
a future date, in lieu of being carried out at the time at 
which the activity was scheduled to be, or otherwise should 
have been, carried out. 
(2) FUND.—The term ‘‘Fund’’ means the Indian Irrigation 
Fund established by section 3211. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
PART I—INDIAN IRRIGATION FUND 
SEC. 3211. ESTABLISHMENT. 
There is established in the Treasury of the United States a 
fund, to be known as the ‘‘Indian Irrigation Fund’’, consisting of— 
(1) such amounts as are deposited in the Fund under 
section 3212; and 
(2) any interest earned on investment of amounts in the 
Fund under section 3214. 
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130 STAT. 1750 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 3212. DEPOSITS TO FUND. 
(a) IN GENERAL.—For each of fiscal years 2017 through 2021, 
the Secretary of the Treasury shall deposit in the Fund $35,000,000 
from the general fund of the Treasury. 
(b) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund 
under subsection (a) shall be used, subject to appropriation, to 
carry out this subtitle. 
SEC. 3213. EXPENDITURES FROM FUND. 
(a) IN GENERAL.—Subject to subsection (b), for each of fiscal 
years 2017 through 2021, the Secretary may, to the extent provided 
in advance in appropriations Acts, expend from the Fund, in accord-
ance with this subtitle, not more than the sum of— 
(1) $35,000,000; and 
(2) the amount of interest accrued in the Fund. 
(b) ADDITIONAL EXPENDITURES.—The Secretary may expend 
more than $35,000,000 for any fiscal year referred to in subsection 
(a) if the additional amounts are available in the Fund as a result 
of a failure of the Secretary to expend all of the amounts available 
under subsection (a) in 1 or more prior fiscal years. 
SEC. 3214. INVESTMENTS OF AMOUNTS. 
(a) IN GENERAL.—The Secretary of the Treasury shall invest 
such portion of the Fund as is not, in the judgment of the Secretary, 
required to meet current withdrawals. 
(b) CREDITS TO FUND.—The interest on, and the proceeds from 
the sale or redemption of, any obligations held in the Fund shall 
be credited to, and form a part of, the Fund. 
SEC. 3215. TRANSFERS OF AMOUNTS. 
(a) IN GENERAL.—The amounts required to be transferred to 
the Fund under this part shall be transferred at least monthly 
from the general fund of the Treasury to the Fund on the basis 
of estimates made by the Secretary of the Treasury. 
(b) ADJUSTMENTS.—Proper adjustment shall be made in 
amounts subsequently transferred to the extent prior estimates 
are in excess of or less than the amounts required to be transferred. 
SEC. 3216. TERMINATION. 
On September 30, 2021— 
(1) the Fund shall terminate; and 
(2) the unexpended and unobligated balance of the Fund 
shall be transferred to the general fund of the Treasury. 
PART II—REPAIR, REPLACEMENT, AND MAIN-
TENANCE OF CERTAIN INDIAN IRRIGATION 
PROJECTS 
SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 
INDIAN IRRIGATION PROJECTS. 
(a) IN GENERAL.—The Secretary shall establish a program to 
address the deferred maintenance needs and water storage needs 
of Indian irrigation projects that— 
(1) create risks to public or employee safety or natural 
or cultural resources; and 
(2) unduly impede the management and efficiency of the 
Indian irrigation program. 
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130 STAT. 1751 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) FUNDING.—Consistent with section 3213, the Secretary shall 
use or transfer to the Bureau of Indian Affairs not less than 
$35,000,000 of amounts in the Fund, plus accrued interest, for 
each of fiscal years 2017 through 2021 to carry out maintenance, 
repair, and replacement activities for 1 or more of the Indian 
irrigation projects described in section 3222 (including any struc-
tures, facilities, equipment, personnel, or vehicles used in connection 
with the operation of those projects), subject to the condition that 
the funds expended under this part shall not be— 
(1) subject to reimbursement by the owners of the land 
served by the Indian irrigation projects; or 
(2) assessed as debts or liens against the land served by 
the Indian irrigation projects. 
SEC. 3222. ELIGIBLE PROJECTS. 
The projects eligible for funding under section 3221(b) are the 
Indian irrigation projects in the western United States that, on 
the date of enactment of this Act— 
(1) are owned by the Federal Government, as listed in 
the Federal inventory required by Executive Order 13327 (40 
U.S.C. 121 note; relating to Federal real property asset manage-
ment); 
(2) are managed and operated by the Bureau of Indian 
Affairs (including projects managed, operated, or maintained 
under contracts or compacts pursuant to the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 5301 et 
seq.); and 
(3) have deferred maintenance documented by the Bureau 
of Indian Affairs. 
SEC. 3223. REQUIREMENTS AND CONDITIONS. 
Not later than 120 days after the date of enactment of this 
Act and as a precondition to amounts being expended from the 
Fund to carry out this part, the Secretary, in consultation with 
the Assistant Secretary for Indian Affairs and representatives of 
affected Indian tribes, shall develop and submit to Congress— 
(1) programmatic goals to carry out this part that— 
(A) would enable the completion of repairing, replacing, 
modernizing, or performing maintenance on projects as 
expeditiously as practicable; 
(B) facilitate or improve the ability of the Bureau of 
Indian Affairs to carry out the mission of the Bureau 
of Indian Affairs in operating a project; 
(C) ensure that the results of government-to-govern-
ment 
consultation 
required 
under 
section 
3225 
be 
addressed; and 
(D) would facilitate the construction of new water stor-
age using non-Federal contributions to address tribal, 
regional, and watershed-level supply needs; and 
(2) funding prioritization criteria to serve as a methodology 
for distributing funds under this part, that take into account— 
(A) the extent to which deferred maintenance of quali-
fying irrigation projects poses a threat to public or employee 
safety or health; 
(B) the extent to which deferred maintenance poses 
a threat to natural or cultural resources; 
(C) the extent to which deferred maintenance poses 
a threat to the ability of the Bureau of Indian Affairs 
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130 STAT. 1752 
PUBLIC LAW 114–322—DEC. 16, 2016 
to carry out the mission of the Bureau of Indian Affairs 
in operating the project; 
(D) the extent to which repairing, replacing, modern-
izing, or performing maintenance on a facility or structure 
will— 
(i) improve public or employee safety, health, or 
accessibility; 
(ii) assist in compliance with codes, standards, 
laws, or other requirements; 
(iii) address unmet needs; and 
(iv) assist in protecting natural or cultural 
resources; 
(E) the methodology of the rehabilitation priority index 
of the Secretary, as in effect on the date of enactment 
of this Act; 
(F) the potential economic benefits of the expenditures 
on job creation and general economic development in the 
affected tribal communities; 
(G) the ability of the qualifying project to address 
tribal, regional, and watershed level water supply needs; 
and 
(H) such other factors as the Secretary determines 
to be appropriate to prioritize the use of available funds 
that are, to the fullest extent practicable, consistent with 
tribal and user recommendations received pursuant to the 
consultation and input process under section 3225. 
SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT 
MANAGEMENT. 
(a) TRIBAL CONSULTATION AND USER INPUT.—Before beginning 
to conduct the study required under subsection (b), the Secretary 
shall— 
(1) consult with the Indian tribes that have jurisdiction 
over the land on which an irrigation project eligible to receive 
funding under section 3222 is located; and 
(2) solicit and consider the input, comments, and rec-
ommendations of— 
(A) the landowners served by the irrigation project; 
and 
(B) irrigators from adjacent irrigation districts. 
(b) STUDY.—Not later than 2 years after the date of enactment 
of this Act, the Secretary, acting through the Assistant Secretary 
for Indian Affairs, shall complete a study that evaluates options 
for improving programmatic and project management and perform-
ance of irrigation projects managed and operated in whole or in 
part by the Bureau of Indian Affairs. 
(c) REPORT.—On completion of the study under subsection (b), 
the Secretary, acting through the Assistant Secretary for Indian 
Affairs, shall submit to the Committee on Indian Affairs of the 
Senate and the Committee on Natural Resources of the House 
of Representatives a report that— 
(1) describes the results of the study; 
(2) determines the cost to financially sustain each project; 
(3) recommends whether management of each project could 
be improved by transferring management responsibilities to 
other Federal agencies or water user groups; and 
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130 STAT. 1753 
PUBLIC LAW 114–322—DEC. 16, 2016 
(4) includes recommendations for improving programmatic 
and project management and performance— 
(A) in each qualifying project area; and 
(B) for the program as a whole. 
(d) STATUS REPORT.—Not later than 2 years after the date 
of enactment of this Act, and not less frequently than every 2 
years thereafter (until the end of fiscal year 2021), the Secretary, 
acting through the Assistant Secretary for Indian Affairs, shall 
submit to the Committee on Indian Affairs of the Senate and 
the Committee on Natural Resources of the House of Representa-
tives a report that includes a description of— 
(1) the progress made toward addressing the deferred 
maintenance needs of the Indian irrigation projects described 
in section 3222, including a list of projects funded during the 
fiscal period covered by the report; 
(2) the outstanding needs of those projects that have been 
provided funding to address the deferred maintenance needs 
pursuant to this part; 
(3) the remaining needs of any of those projects; 
(4) how the goals established pursuant to section 3223 
have been met, including— 
(A) an identification and assessment of any deficiencies 
or shortfalls in meeting those goals; and 
(B) a plan to address the deficiencies or shortfalls 
in meeting those goals; and 
(5) any other subject matters the Secretary, to the max-
imum extent practicable consistent with tribal and user rec-
ommendations received pursuant to the consultation and input 
process under section 3225, determines to be appropriate. 
SEC. 3225. TRIBAL CONSULTATION AND USER INPUT. 
Before expending funds on an Indian irrigation project pursuant 
to section 3221 and not later than 120 days after the date of 
enactment of this Act, the Secretary shall— 
(1) consult with the Indian tribe that has jurisdiction over 
the land on which an irrigation project eligible to receive 
funding under section 3222 is located; and 
(2) solicit and consider the input, comments, and rec-
ommendations of— 
(A) the landowners served by the irrigation project; 
and 
(B) irrigators from adjacent irrigation districts. 
SEC. 3226. ALLOCATION AMONG PROJECTS. 
(a) IN GENERAL.—Subject to subsection (b), to the maximum 
extent practicable, the Secretary shall ensure that, for each of 
fiscal years 2017 through 2021, each Indian irrigation project 
eligible for funding under section 3222 that has critical maintenance 
needs receives part of the funding under section 3221 to address 
critical maintenance needs. 
(b) PRIORITY.—In allocating amounts under section 3221(b), 
in addition to considering the funding priorities described in section 
3223, the Secretary shall give priority to eligible Indian irrigation 
projects serving more than 1 Indian tribe within an Indian reserva-
tion and to projects for which funding has not been made available 
during the 10-year period ending on the day before the date of 
enactment of this Act under any other Act of Congress that 
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130 STAT. 1754 
PUBLIC LAW 114–322—DEC. 16, 2016 
expressly identifies the Indian irrigation project or the Indian res-
ervation of the project to address the deferred maintenance, repair, 
or replacement needs of the Indian irrigation project. 
(c) CAP ON FUNDING.— 
(1) IN GENERAL.—Subject to paragraph (2), in allocating 
amounts under section 3221(b), the Secretary shall allocate 
not more than $15,000,000 to any individual Indian irrigation 
project described in section 3222 during any consecutive 3- 
year period. 
(2) EXCEPTION.—Notwithstanding the cap described in 
paragraph (1), if the full amount under section 3221(b) cannot 
be fully allocated to eligible Indian irrigation projects because 
the costs of the remaining activities authorized in section 
3221(b) of an irrigation project would exceed the cap described 
in paragraph (1), the Secretary may allocate the remaining 
funds to eligible Indian irrigation projects in accordance with 
this part. 
(d) BASIS OF FUNDING.—Any amounts made available under 
this section shall be nonreimbursable. 
(e) APPLICABILITY OF ISDEAA.—The Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply 
to activities carried out under this section. 
Subtitle C—Weber Basin Prepayments 
SEC. 3301. PREPAYMENT OF CERTAIN REPAYMENT OBLIGATIONS 
UNDER CONTRACTS BETWEEN THE UNITED STATES AND 
THE WEBER BASIN WATER CONSERVANCY DISTRICT. 
The Secretary of the Interior shall allow for prepayment of 
repayment obligations under Repayment Contract No. 14–06–400– 
33 between the United States and the Weber Basin Water Conser-
vancy District, dated December 12, 1952, and supplemented and 
amended on June 30, 1961, on April 15, 1966, on September 20, 
1968, and on May 9, 1985, including future amendments and all 
related applicable contracts thereto, providing for repayment of 
Weber Basin Project construction costs allocated to irrigation and 
municipal and industrial purposes for which repayment is provided 
pursuant to such contracts under terms and conditions similar 
to those used in implementing the prepayment provisions in section 
210 of the Central Utah Project Completion Act (Public Law 102– 
575), as amended, for prepayment of Central Utah Project, Bonne-
ville Unit repayment obligations. The prepayment— 
(1) shall result in the United States recovering the net 
present value of all repayment streams that would have been 
payable to the United States if this Act was not in effect; 
(2) may be provided in several installments; 
(3) may not be adjusted on the basis of the type of prepay-
ment financing used by the District; and 
(4) shall be made such that total repayment is made not 
later than September 30, 2026. 
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130 STAT. 1755 
PUBLIC LAW 114–322—DEC. 16, 2016 
Subtitle D—Pechanga Water Rights 
Settlement 
SEC. 3401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Pechanga Band of Luisen
˜o 
Mission Indians Water Rights Settlement Act’’. 
SEC. 3402. PURPOSES. 
The purposes of this subtitle are— 
(1) to achieve a fair, equitable, and final settlement of 
claims to water rights and certain claims for injuries to water 
rights in the Santa Margarita River Watershed for— 
(A) the Band; and 
(B) the United States, acting in its capacity as trustee 
for the Band and Allottees; 
(2) to achieve a fair, equitable, and final settlement of 
certain claims by the Band and Allottees against the United 
States; 
(3) to authorize, ratify, and confirm the Pechanga Settle-
ment Agreement to be entered into by the Band, RCWD, and 
the United States; 
(4) to authorize and direct the Secretary— 
(A) to execute the Pechanga Settlement Agreement; 
and 
(B) to take any other action necessary to carry out 
the Pechanga Settlement Agreement in accordance with 
this subtitle; and 
(5) to authorize the appropriation of amounts necessary 
for the implementation of the Pechanga Settlement Agreement 
and this subtitle. 
SEC. 3403. DEFINITIONS. 
In this subtitle: 
(1) ADJUDICATION COURT.—The term ‘‘Adjudication Court’’ 
means the United States District Court for the Southern Dis-
trict of California, which exercises continuing jurisdiction over 
the Adjudication Proceeding. 
(2) ADJUDICATION
PROCEEDING.—The term ‘‘Adjudication 
Proceeding’’ means litigation initiated by the United States 
regarding relative water rights in the Santa Margarita River 
Watershed in United States v. Fallbrook Public Utility District 
et al., Civ. No. 3:51–cv–01247 (S.D.C.A.), including any litiga-
tion initiated to interpret or enforce the relative water rights 
in the Santa Margarita River Watershed pursuant to the con-
tinuing jurisdiction of the Adjudication Court over the Fallbrook 
Decree. 
(3) ALLOTTEE.—The term ‘‘Allottee’’ means an individual 
who holds a beneficial real property interest in an Indian 
allotment that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
(4) BAND.—The term ‘‘Band’’ means Pechanga Band of 
Luisen
˜o Mission Indians, a federally recognized sovereign 
Indian tribe that functions as a custom and tradition Indian 
tribe, acting on behalf of itself and its members, but not acting 
on behalf of members in their capacities as Allottees. 
Pechanga Band 
of Luisen
˜o 
Mission Indians 
Water Rights 
Settlement Act. 
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130 STAT. 1756 
PUBLIC LAW 114–322—DEC. 16, 2016 
(5) CLAIMS.—The term ‘‘claims’’ means rights, claims, 
demands, actions, compensation, or causes of action, whether 
known or unknown. 
(6) EMWD.—The term ‘‘EMWD’’ means Eastern Municipal 
Water District, a municipal water district organized and 
existing in accordance with the Municipal Water District Law 
of 1911, Division 20 of the Water Code of the State of California, 
as amended. 
(7) EMWD CONNECTION FEE.—The term ‘‘EMWD Connec-
tion Fee’’ has the meaning set forth in the Extension of Service 
Area Agreement. 
(8) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date on which the Secretary publishes in the Federal 
Register the statement of findings described in section 3407(e). 
(9) 
ESAA 
CAPACITY
AGREEMENT.—The 
term 
‘‘ESAA 
Capacity Agreement’’ means the ‘‘ESAA Capacity Agreement’’, 
among the Band, RCWD, and the United States. 
(10) ESAA WATER.—The term ‘‘ESAA Water’’ means 
imported potable water that the Band receives from EMWD 
and MWD pursuant to the Extension of Service Area Agreement 
and delivered by RCWD pursuant to the ESAA Water Delivery 
Agreement. 
(11) ESAA WATER DELIVERY AGREEMENT.—The term ‘‘ESAA 
Water Delivery Agreement’’ means the agreement among 
EMWD, RCWD, and the Band, establishing the terms and 
conditions of water service to the Band. 
(12) EXTENSION OF SERVICE AREA AGREEMENT.—The term 
‘‘Extension of Service Area Agreement’’ means the ‘‘Extension 
of Service Area Agreement’’, among the Band, EMWD, and 
MWD, for the provision of water service by EMWD to a des-
ignated portion of the Reservation using water supplied by 
MWD. 
(13) FALLBROOK DECREE.— 
(A) IN GENERAL.—The term ‘‘Fallbrook Decree’’ means 
the ‘‘Modified Final Judgment And Decree’’, entered in 
the Adjudication Proceeding on April 6, 1966. 
(B) INCLUSIONS.—The term ‘‘Fallbrook Decree’’ includes 
all court orders, interlocutory judgments, and decisions 
supplemental to the ‘‘Modified Final Judgment And 
Decree’’, including Interlocutory Judgment No. 30, Inter-
locutory Judgment No. 35, and Interlocutory Judgment 
No. 41. 
(14) FUND.—The term ‘‘Fund’’ means the Pechanga Settle-
ment Fund established by section 3409. 
(15) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 5304). 
(16) INJURY TO WATER RIGHTS.—The term ‘‘injury to water 
rights’’ means an interference with, diminution of, or depriva-
tion of water rights under Federal or State law. 
(17) INTERIM CAPACITY.—The term ‘‘Interim Capacity’’ has 
the meaning set forth in the ESAA Capacity Agreement. 
(18) 
INTERIM
CAPACITY
NOTICE.—The 
term 
‘‘Interim 
Capacity Notice’’ has the meaning set forth in the ESAA 
Capacity Agreement. 
(19) INTERLOCUTORY JUDGMENT NO. 41.—The term ‘‘Inter-
locutory Judgment No. 41’’ means Interlocutory Judgment No. 
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130 STAT. 1757 
PUBLIC LAW 114–322—DEC. 16, 2016 
41 issued in the Adjudication Proceeding on November 8, 1962, 
including all court orders, judgments, and decisions supple-
mental to that interlocutory judgment. 
(20) MWD.—The term ‘‘MWD’’ means the Metropolitan 
Water District of Southern California, a metropolitan water 
district organized and incorporated under the Metropolitan 
Water District Act of the State of California (Stats. 1969, 
Chapter 209, as amended). 
(21) MWD CONNECTION FEE.—The term ‘‘MWD Connection 
Fee’’ has the meaning set forth in the Extension of Service 
Area Agreement. 
(22) PECHANGA ESAA DELIVERY CAPACITY ACCOUNT.—The 
term ‘‘Pechanga ESAA Delivery Capacity account’’ means the 
account established by section 3409(c)(2). 
(23) 
PECHANGA
RECYCLED
WATER
INFRASTRUCTURE 
ACCOUNT.—The term ‘‘Pechanga Recycled Water Infrastructure 
account’’ means the account established by section 3409(c)(1). 
(24) 
PECHANGA
SETTLEMENT
AGREEMENT.—The 
term 
‘‘Pechanga Settlement Agreement’’ means the Pechanga Settle-
ment Agreement, dated April 8, 2016, together with the exhibits 
to that agreement, entered into by the Band, the United States 
on behalf of the Band, its members and Allottees, MWD, 
EMWD, and RCWD, including— 
(A) the Extension of Service Area Agreement; 
(B) the ESAA Capacity Agreement; and 
(C) the ESAA Water Delivery Agreement. 
(25) PECHANGA WATER CODE.—The term ‘‘Pechanga Water 
Code’’ means a water code to be adopted by the Band in 
accordance with section 3405(f). 
(26) 
PECHANGA
WATER
FUND
ACCOUNT.—The 
term 
‘‘Pechanga Water Fund account’’ means the account established 
by section 3409(c)(3). 
(27) PECHANGA
WATER
QUALITY
ACCOUNT.—The term 
‘‘Pechanga Water Quality account’’ means the account estab-
lished by section 3409(c)(4). 
(28) 
PERMANENT
CAPACITY.—The 
term 
‘‘Permanent 
Capacity’’ has the meaning set forth in the ESAA Capacity 
Agreement. 
(29) PERMANENT CAPACITY NOTICE.—The term ‘‘Permanent 
Capacity Notice’’ has the meaning set forth in the ESAA 
Capacity Agreement. 
(30) RCWD.— 
(A) IN GENERAL.—The term ‘‘RCWD’’ means the Rancho 
California Water District organized pursuant to section 
34000 et seq. of the California Water Code. 
(B) INCLUSIONS.—The term ‘‘RCWD’’ includes all real 
property owners for whom RCWD acts as an agent pursu-
ant to an agency agreement. 
(31) RECYCLED WATER INFRASTRUCTURE AGREEMENT.—The 
term ‘‘Recycled Water Infrastructure Agreement’’ means the 
‘‘Recycled Water Infrastructure Agreement’’ among the Band, 
RCWD, and the United States. 
(32) RECYCLED WATER TRANSFER AGREEMENT.—The term 
‘‘Recycled Water Transfer Agreement’’ means the ‘‘Recycled 
Water Transfer Agreement’’ between the Band and RCWD. 
(33) RESERVATION.— 
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130 STAT. 1758 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) IN GENERAL.—The term ‘‘Reservation’’ means the 
land depicted on the map attached to the Pechanga Settle-
ment Agreement as Exhibit I. 
(B) APPLICABILITY OF TERM.—The term ‘‘Reservation’’ 
shall be used solely for the purposes of the Pechanga Settle-
ment Agreement, this subtitle, and any judgment or decree 
issued by the Adjudication Court approving the Pechanga 
Settlement Agreement. 
(34) SANTA
MARGARITA
RIVER
WATERSHED.—The term 
‘‘Santa Margarita River Watershed’’ means the watershed that 
is the subject of the Adjudication Proceeding and the Fallbrook 
Decree. 
(35) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(36) STATE.—The term ‘‘State’’ means the State of Cali-
fornia. 
(37) STORAGE POND.—The term ‘‘Storage Pond’’ has the 
meaning set forth in the Recycled Water Infrastructure Agree-
ment. 
(38) TRIBAL WATER RIGHT.—The term ‘‘Tribal Water Right’’ 
means the water rights ratified, confirmed, and declared to 
be valid for the benefit of the Band and Allottees, as set 
forth and described in section 3405. 
SEC. 3404. APPROVAL OF THE PECHANGA SETTLEMENT AGREEMENT. 
(a) RATIFICATION OF PECHANGA SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—Except as modified by this subtitle, and 
to the extent that the Pechanga Settlement Agreement does 
not conflict with this subtitle, the Pechanga Settlement Agree-
ment is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—Any amendment to the Pechanga 
Settlement Agreement is authorized, ratified, and confirmed, 
to the extent that the amendment is executed to make the 
Pechanga Settlement Agreement consistent with this subtitle. 
(b) EXECUTION OF PECHANGA SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—To the extent that the Pechanga Settle-
ment Agreement does not conflict with this subtitle, the Sec-
retary is directed to and promptly shall execute— 
(A) the Pechanga Settlement Agreement (including any 
exhibit to the Pechanga Settlement Agreement requiring 
the signature of the Secretary); and 
(B) any amendment to the Pechanga Settlement Agree-
ment necessary to make the Pechanga Settlement Agree-
ment consistent with this subtitle. 
(2) MODIFICATIONS.—Nothing in this subtitle precludes the 
Secretary from approving modifications to exhibits to the 
Pechanga Settlement Agreement not inconsistent with this sub-
title, to the extent those modifications do not otherwise require 
congressional approval pursuant to section 2116 of the Revised 
Statutes (25 U.S.C. 177) or other applicable Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Pechanga Settle-
ment Agreement, the Secretary shall promptly comply with 
all applicable requirements of— 
(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
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130 STAT. 1759 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(C) all other applicable Federal environmental laws; 
and 
(D) all regulations promulgated under the laws 
described in subparagraphs (A) through (C). 
(2) EXECUTION
OF
THE
PECHANGA
SETTLEMENT
AGREE-
MENT.— 
(A) IN GENERAL.—Execution of the Pechanga Settle-
ment Agreement by the Secretary under this section shall 
not constitute a major Federal action under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) COMPLIANCE.—The Secretary is directed to carry 
out all Federal compliance necessary to implement the 
Pechanga Settlement Agreement. 
(3) LEAD AGENCY.—The Bureau of Reclamation shall be 
designated as the lead agency with respect to environmental 
compliance. 
SEC. 3405. TRIBAL WATER RIGHT. 
(a) INTENT OF CONGRESS.—It is the intent of Congress to pro-
vide to each Allottee benefits that are equal to or exceed the 
benefits Allottees possess as of the date of enactment of this Act, 
taking into consideration— 
(1) the potential risks, cost, and time delay associated 
with litigation that would be resolved by the Pechanga Settle-
ment Agreement and this subtitle; 
(2) the availability of funding under this subtitle; 
(3) the availability of water from the Tribal Water Right 
and other water sources as set forth in the Pechanga Settlement 
Agreement; and 
(4) the applicability of section 7 of the Act of February 
8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests 
of Allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHT.— 
(1) IN
GENERAL.—A Tribal Water Right of up to 4,994 
acre-feet of water per year that, under natural conditions, is 
physically available on the Reservation is confirmed in accord-
ance with the Findings of Fact and Conclusions of Law set 
forth in Interlocutory Judgment No. 41, as affirmed by the 
Fallbrook Decree. 
(2) USE.—Subject to the terms of the Pechanga Settlement 
Agreement, this subtitle, the Fallbrook Decree, and applicable 
Federal law, the Band may use the Tribal Water Right for 
any purpose on the Reservation. 
(c) HOLDING IN TRUST.—The Tribal Water Right, as set forth 
in subsection (b), shall— 
(1) be held in trust by the United States on behalf of 
the Band and the Allottees in accordance with this section; 
(2) include the priority dates described in Interlocutory 
Judgment No. 41, as affirmed by the Fallbrook Decree; and 
(3) not be subject to forfeiture or abandonment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provi-
sions of section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), relating to the use of water for irrigation purposes shall 
apply to the Tribal Water Right. 
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130 STAT. 1760 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) ENTITLEMENT
TO
WATER.—Any entitlement to water 
of an Allottee under Federal law shall be satisfied from the 
Tribal Water Right. 
(3) ALLOCATIONS.—Allotted land located within the exterior 
boundaries of the Reservation shall be entitled to a just and 
equitable allocation of water for irrigation and domestic pur-
poses from the Tribal Water Right. 
(4) EXHAUSTION OF REMEDIES.—Before asserting any claim 
against the United States under section 7 of the Act of February 
8, 1887 (25 U.S.C. 381), or any other applicable law, an Allottee 
shall exhaust remedies available under the Pechanga Water 
Code or other applicable tribal law. 
(5) CLAIMS.—Following exhaustion of remedies available 
under the Pechanga Water Code or other applicable tribal 
law, an Allottee may seek relief under section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381), or other applicable law. 
(6) AUTHORITY.—The Secretary shall have the authority 
to protect the rights of Allottees as specified in this section. 
(e) AUTHORITY OF BAND.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Band shall have authority to use, allocate, distribute, and lease 
the Tribal Water Right on the Reservation in accordance with— 
(A) the Pechanga Settlement Agreement; and 
(B) applicable Federal law. 
(2) LEASES BY ALLOTTEES.— 
(A) IN GENERAL.—An Allottee may lease any interest 
in land held by the Allottee, together with any water right 
determined to be appurtenant to that interest in land. 
(B) WATER
RIGHT
APPURTENANT.—Any water right 
determined to be appurtenant to an interest in land leased 
by an Allottee shall be used on such land on the Reserva-
tion. 
(f) PECHANGA WATER CODE.— 
(1) IN
GENERAL.—Not later than 18 months after the 
enforceability date, the Band shall enact a Pechanga Water 
Code, that provides for— 
(A) the management, regulation, and governance of 
all uses of the Tribal Water Right in accordance with 
the Pechanga Settlement Agreement; and 
(B) establishment by the Band of conditions, permit 
requirements, and other limitations relating to the storage, 
recovery, and use of the Tribal Water Right in accordance 
with the Pechanga Settlement Agreement. 
(2) INCLUSIONS.—Subject to the approval of the Secretary, 
the Pechanga Water Code shall provide— 
(A) that allocations of water to Allottees shall be satis-
fied with water from the Tribal Water Right; 
(B) that charges for delivery of water for irrigation 
purposes for Allottees shall be assessed on a just and 
equitable basis; 
(C) a process by which an Allottee may request that 
the Band provide water for irrigation or domestic purposes 
in accordance with this subtitle; 
(D) a due process system for the consideration and 
determination by the Band of any request by an Allottee 
(or any successor in interest to an Allottee) for an allocation 
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130 STAT. 1761 
PUBLIC LAW 114–322—DEC. 16, 2016 
of such water for irrigation or domestic purposes on allotted 
land, including a process for— 
(i) appeal and adjudication of any denied or dis-
puted distribution of water; and 
(ii) resolution of any contested administrative deci-
sion; and 
(E) a requirement that any Allottee with a claim 
relating to the enforcement of rights of the Allottee under 
the Pechanga Water Code or relating to the amount of 
water allocated to land of the Allottee must first exhaust 
remedies available to the Allottee under tribal law and 
the Pechanga Water Code before initiating an action 
against the United States or petitioning the Secretary 
pursuant to subsection (d)(4). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall administer the 
Tribal Water Right until the Pechanga Water Code is 
enacted and approved under this section. 
(B) APPROVAL.—Any provision of the Pechanga Water 
Code and any amendment to the Pechanga Water Code 
that affects the rights of Allottees— 
(i) shall be subject to the approval of the Secretary; 
and 
(ii) shall not be valid until approved by the Sec-
retary. 
(C) APPROVAL PERIOD.—The Secretary shall approve 
or disapprove the Pechanga Water Code within a reason-
able period of time after the date on which the Band 
submits the Pechanga Water Code to the Secretary for 
approval. 
(g) EFFECT.—Except as otherwise specifically provided in this 
section, nothing in this subtitle— 
(1) authorizes any action by an Allottee against any indi-
vidual or entity, or against the Band, under Federal, State, 
tribal, or local law; or 
(2) alters or affects the status of any action pursuant to 
section 1491(a) of title 28, United States Code. 
SEC. 3406. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided to the Band under 
the Pechanga Settlement Agreement and this subtitle shall be 
in complete replacement of, complete substitution for, and full satis-
faction of all claims of the Band against the United States that 
are waived and released pursuant to section 3407. 
(b) ALLOTTEE CLAIMS.—The benefits realized by the Allottees 
under this subtitle shall be in complete replacement of, complete 
substitution for, and full satisfaction of— 
(1) all claims that are waived and released pursuant to 
section 3407; and 
(2) any claims of the Allottees against the United States 
that the Allottees have or could have asserted that are similar 
in nature to any claim described in section 3407. 
(c) NO RECOGNITION OF WATER RIGHTS.—Except as provided 
in section 3405(d), nothing in this subtitle recognizes or establishes 
any right of a member of the Band or an Allottee to water within 
the Reservation. 
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130 STAT. 1762 
PUBLIC LAW 114–322—DEC. 16, 2016 
(d) CLAIMS RELATING TO DEVELOPMENT OF WATER FOR RES-
ERVATION.— 
(1) IN
GENERAL.—The amounts authorized to be appro-
priated pursuant to section 3411 shall be used to satisfy any 
claim of the Allottees against the United States with respect 
to the development or protection of water resources for the 
Reservation. 
(2) SATISFACTION OF CLAIMS.—Upon the complete appro-
priation of amounts authorized pursuant to section 3411, any 
claim of the Allottees against the United States with respect 
to the development or protection of water resources for the 
Reservation shall be deemed to have been satisfied. 
SEC. 3407. WAIVER OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVER OF CLAIMS BY THE BAND AND THE UNITED STATES 
ACTING IN ITS CAPACITY AS TRUSTEE FOR THE BAND.— 
(A) IN GENERAL.—Subject to the retention of rights 
set forth in subsection (c), in return for recognition of 
the Tribal Water Right and other benefits as set forth 
in the Pechanga Settlement Agreement and this subtitle, 
the Band, and the United States, acting as trustee for 
the Band, are authorized and directed to execute a waiver 
and release of all claims for water rights within the Santa 
Margarita River Watershed that the Band, or the United 
States acting as trustee for the Band, asserted or could 
have asserted in any proceeding, including the Adjudication 
Proceeding, except to the extent that such rights are recog-
nized in the Pechanga Settlement Agreement and this sub-
title. 
(B) CLAIMS AGAINST RCWD.—Subject to the retention 
of rights set forth in subsection (c) and notwithstanding 
any provisions to the contrary in the Pechanga Settlement 
Agreement, the Band and the United States, on behalf 
of the Band and Allottees, fully release, acquit, and dis-
charge RCWD from— 
(i) claims for injuries to water rights in the Santa 
Margarita River Watershed for land located within 
the Reservation arising or occurring at any time up 
to and including June 30, 2009; 
(ii) claims for injuries to water rights in the Santa 
Margarita River Watershed for land located within 
the Reservation arising or occurring at any time after 
June 30, 2009, resulting from the diversion or use 
of water in a manner not in violation of the Pechanga 
Settlement Agreement or this subtitle; 
(iii) claims for subsidence damage to land located 
within the Reservation arising or occurring at any 
time up to and including June 30, 2009; 
(iv) claims for subsidence damage arising or occur-
ring after June 30, 2009, to land located within the 
Reservation resulting from the diversion of under-
ground water in a manner consistent with the 
Pechanga Settlement Agreement or this subtitle; and 
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130 STAT. 1763 
PUBLIC LAW 114–322—DEC. 16, 2016 
(v) claims arising out of, or relating in any manner 
to, the negotiation or execution of the Pechanga Settle-
ment Agreement or the negotiation or execution of 
this subtitle. 
(2) CLAIMS BY THE UNITED STATES ACTING IN ITS CAPACITY 
AS TRUSTEE FOR ALLOTTEES.—Subject to the retention of claims 
set forth in subsection (c), in return for recognition of the 
Tribal Water Right and other benefits as set forth in the 
Pechanga Settlement Agreement and this subtitle, the United 
States, acting as trustee for Allottees, is authorized and directed 
to execute a waiver and release of all claims for water rights 
within the Santa Margarita River Watershed that the United 
States, acting as trustee for the Allottees, asserted or could 
have asserted in any proceeding, including the Adjudication 
Proceeding, except to the extent such rights are recognized 
in the Pechanga Settlement Agreement and this subtitle. 
(3) CLAIMS BY THE BAND AGAINST THE UNITED STATES.— 
Subject to the retention of rights set forth in subsection (c), 
the Band, is authorized to execute a waiver and release of— 
(A) all claims against the United States (including 
the agencies and employees of the United States) relating 
to claims for water rights in, or water of, the Santa Mar-
garita River Watershed that the United States, acting in 
its capacity as trustee for the Band, asserted, or could 
have asserted, in any proceeding, including the Adjudica-
tion Proceeding, except to the extent that those rights 
are recognized in the Pechanga Settlement Agreement and 
this subtitle; 
(B) all claims against the United States (including 
the agencies and employees of the United States) relating 
to damages, losses, or injuries to water, water rights, land, 
or natural resources due to loss of water or water rights 
(including damages, losses or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of water or water 
rights, claims relating to interference with, diversion, or 
taking of water or water rights, or claims relating to failure 
to protect, acquire, replace, or develop water, water rights, 
or water infrastructure) in the Santa Margarita River 
Watershed that first accrued at any time up to and 
including the enforceability date; 
(C) all claims against the United States (including 
the agencies and employees of the United States) relating 
to the pending litigation of claims relating to the water 
rights of the Band in the Adjudication Proceeding; and 
(D) all claims against the United States (including 
the agencies and employees of the United States) relating 
to the negotiation or execution of the Pechanga Settlement 
Agreement or the negotiation or execution of this subtitle. 
(b) EFFECTIVENESS OF WAIVERS AND RELEASES.—The waivers 
under subsection (a) shall take effect on the enforceability date. 
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not-
withstanding the waivers and releases authorized in this subtitle, 
the Band, on behalf of itself and the members of the Band, and 
the United States, acting in its capacity as trustee for the Band 
and Allottees, retain— 
(1) all claims for enforcement of the Pechanga Settlement 
Agreement and this subtitle; 
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130 STAT. 1764 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) all claims against any person or entity other than 
the United States and RCWD, including claims for monetary 
damages; 
(3) all claims for water rights that are outside the jurisdic-
tion of the Adjudication Court; 
(4) all rights to use and protect water rights acquired 
on or after the enforceability date; and 
(5) all remedies, privileges, immunities, powers, and claims, 
including claims for water rights, not specifically waived and 
released pursuant to this subtitle and the Pechanga Settlement 
Agreement. 
(d) EFFECT OF PECHANGA SETTLEMENT AGREEMENT AND ACT.— 
Nothing in the Pechanga Settlement Agreement or this subtitle— 
(1) affects the ability of the United States, acting as a 
sovereign, to take actions authorized by law, including any 
laws relating to health, safety, or the environment, including— 
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
(B) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.); 
(C) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); and 
(D) any regulations implementing the Acts described 
in subparagraphs (A) through (C); 
(2) affects the ability of the United States to take actions 
acting as trustee for any other Indian tribe or an Allottee 
of any other Indian tribe; 
(3) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding health, safety, 
or the environment; 
(B) to determine the duties of the United States or 
other parties pursuant to Federal law regarding health, 
safety, or the environment; or 
(C) to conduct judicial review of Federal agency action; 
(4) waives any claim of a member of the Band in an 
individual capacity that does not derive from a right of the 
Band; 
(5) limits any funding that RCWD would otherwise be 
authorized to receive under any Federal law, including, the 
Reclamation Wastewater and Groundwater Study and Facilities 
Act (43 U.S.C. 390h et seq.) as that Act applies to permanent 
facilities for water recycling, demineralization, and desalina-
tion, and distribution of nonpotable water supplies in Southern 
Riverside County, California; 
(6) characterizes any amounts received by RCWD under 
the Pechanga Settlement Agreement or this subtitle as Federal 
for purposes of section 1649 of the Reclamation Wastewater 
and Groundwater Study and Facilities Act (43 U.S.C. 390h– 
32); or 
(7) affects the requirement of any party to the Pechanga 
Settlement Agreement or any of the exhibits to the Pechanga 
Settlement Agreement to comply with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the 
California Environmental Quality Act (Cal. Pub. Res. Code 
21000 et seq.) prior to performing the respective obligations 
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130 STAT. 1765 
PUBLIC LAW 114–322—DEC. 16, 2016 
of that party under the Pechanga Settlement Agreement or 
any of the exhibits to the Pechanga Settlement Agreement. 
(e) ENFORCEABILITY DATE.—The enforceability date shall be 
the date on which the Secretary publishes in the Federal Register 
a statement of findings that— 
(1) the Adjudication Court has approved and entered a 
judgment and decree approving the Pechanga Settlement 
Agreement in substantially the same form as Appendix 2 to 
the Pechanga Settlement Agreement; 
(2) all amounts authorized by this subtitle have been depos-
ited in the Fund; 
(3) the waivers and releases authorized in subsection (a) 
have been executed by the Band and the Secretary; 
(4) the Extension of Service Area Agreement— 
(A) has been approved and executed by all the parties 
to the Extension of Service Area Agreement; and 
(B) is effective and enforceable in accordance with the 
terms of the Extension of Service Area Agreement; and 
(5) the ESAA Water Delivery Agreement— 
(A) has been approved and executed by all the parties 
to the ESAA Water Delivery Agreement; and 
(B) is effective and enforceable in accordance with the 
terms of the ESAA Water Delivery Agreement. 
(f) TOLLING OF CLAIMS.— 
(1) IN GENERAL.—Each applicable period of limitation and 
time-based equitable defense relating to a claim described in 
this section shall be tolled for the period beginning on the 
date of enactment of this Act and ending on the earlier of— 
(A) April 30, 2030, or such alternate date after April 
30, 2030, as is agreed to by the Band and the Secretary; 
or 
(B) the enforceability date. 
(2) EFFECTS OF SUBSECTION.—Nothing in this subsection 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of enact-
ment of this Act. 
(3) LIMITATION.—Nothing in this section precludes the 
tolling of any period of limitations or any time-based equitable 
defense under any other applicable law. 
(g) TERMINATION.— 
(1) IN GENERAL.—If all of the amounts authorized to be 
appropriated to the Secretary pursuant to this subtitle have 
not been made available to the Secretary by April 30, 2030— 
(A) the waivers authorized by this section shall expire 
and have no force or effect; and 
(B) all statutes of limitations applicable to any claim 
otherwise waived under this section shall be tolled until 
April 30, 2030. 
(2) VOIDING OF WAIVERS.—If a waiver authorized by this 
section is void under paragraph (1)— 
(A) the approval of the United States of the Pechanga 
Settlement Agreement under section 3404 shall be void 
and have no further force or effect; 
(B) any unexpended Federal amounts appropriated or 
made available to carry out this subtitle, together with 
any interest earned on those amounts, and any water rights 
or contracts to use water and title to other property 
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130 STAT. 1766 
PUBLIC LAW 114–322—DEC. 16, 2016 
acquired or constructed with Federal amounts appropriated 
or made available to carry out this subtitle shall be 
returned to the Federal Government, unless otherwise 
agreed to by the Band and the United States and approved 
by Congress; and 
(C) except for Federal amounts used to acquire or 
develop property that is returned to the Federal Govern-
ment under subparagraph (B), the United States shall be 
entitled to set off any Federal amounts appropriated or 
made available to carry out this subtitle that were 
expended or withdrawn, together with any interest accrued, 
against any claims against the United States relating to 
water rights asserted by the Band or Allottees in any 
future settlement of the water rights of the Band or 
Allottees. 
SEC. 3408. WATER FACILITIES. 
(a) IN GENERAL.—The Secretary shall, subject to the availability 
of appropriations, using amounts from the designated accounts 
of the Fund, provide the amounts necessary to fulfill the obligations 
of the Band under the Recycled Water Infrastructure Agreement 
and the ESAA Capacity Agreement, in an amount not to exceed 
the amounts deposited in the designated accounts for such purposes 
plus any interest accrued on such amounts from the date of deposit 
in the Fund to the date of disbursement from the Fund, in accord-
ance with this subtitle and the terms and conditions of those agree-
ments. 
(b) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(c) RECYCLED WATER INFRASTRUCTURE.— 
(1) IN GENERAL.—The Secretary shall, using amounts from 
the Pechanga Recycled Water Infrastructure account, provide 
amounts for the Storage Pond in accordance with this section. 
(2) STORAGE POND.— 
(A) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations, using amounts from the 
Pechanga Recycled Water Infrastructure account provide 
the amounts necessary for a Storage Pond in accordance 
with the Recycled Water Infrastructure Agreement, in an 
amount not to exceed $2,656,374. 
(B) PROCEDURE.—The procedure for the Secretary to 
provide amounts pursuant to this section shall be as set 
forth in the Recycled Water Infrastructure Agreement. 
(C) LIABILITY.—The United States shall have no 
responsibility or liability for the Storage Pond. 
(d) ESAA DELIVERY CAPACITY.— 
(1) IN GENERAL.—The Secretary shall, using amounts from 
the Pechanga ESAA Delivery Capacity account, provide 
amounts for Interim Capacity and Permanent Capacity in 
accordance with this section. 
(2) INTERIM CAPACITY.— 
(A) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations, using amounts from the 
ESAA Delivery Capacity account, provide amounts nec-
essary for the provision of Interim Capacity in accordance 
with the ESAA Capacity Agreement in an amount not 
to exceed $1,000,000. 
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130 STAT. 1767 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) PROCEDURE.—The procedure for the Secretary to 
provide amounts pursuant to this section shall be as set 
forth in the ESAA Capacity Agreement. 
(C) LIABILITY.—The United States shall have no 
responsibility or liability for the Interim Capacity to be 
provided by RCWD or by the Band. 
(D) TRANSFER TO BAND.—If RCWD does not provide 
the Interim Capacity Notice required pursuant to the ESAA 
Capacity Agreement by the date that is 60 days after 
the date required under the ESAA Capacity Agreement, 
the amounts in the Pechanga ESAA Delivery Capacity 
account for purposes of the provision of Interim Capacity 
and Permanent Capacity, including any interest that has 
accrued on those amounts, shall be available for use by 
the Band to provide alternative interim capacity in a 
manner that is similar to the Interim Capacity and Perma-
nent Capacity that the Band would have received had 
RCWD provided such Interim Capacity and Permanent 
Capacity. 
(3) PERMANENT CAPACITY.— 
(A) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations, using amounts from the 
ESAA Delivery Capacity account, provide amounts nec-
essary for the provision of Permanent Capacity in accord-
ance with the ESAA Capacity Agreement. 
(B) PROCEDURE.—The procedure for the Secretary to 
provide funds pursuant to this section shall be as set 
forth in the ESAA Capacity Agreement. 
(C) LIABILITY.—The United States shall have no 
responsibility or liability for the Permanent Capacity to 
be provided by RCWD or by the Band. 
(D) TRANSFER TO BAND.—If RCWD does not provide 
the Permanent Capacity Notice required pursuant to the 
ESAA Capacity Agreement by the date that is 5 years 
after the enforceability date, the amounts in the Pechanga 
ESAA Delivery Capacity account for purposes of the provi-
sion of Permanent Capacity, including any interest that 
has accrued on those amounts, shall be available for use 
by the Band to provide alternative Permanent Capacity 
in a manner that is similar to the Permanent Capacity 
that the Band would have received had RCWD provided 
such Permanent Capacity. 
SEC. 3409. PECHANGA SETTLEMENT FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a fund to be known as the ‘‘Pechanga Settlement 
Fund’’, to be managed, invested, and distributed by the Secretary 
and to be available until expended, and, together with any interest 
earned on those amounts, to be used solely for the purpose of 
carrying out this subtitle. 
(b) TRANSFERS
TO FUND.—The Fund shall consist of such 
amounts as are deposited in the Fund under section 3411(a) of 
this subtitle, together with any interest earned on those amounts, 
which shall be available in accordance with subsection (e). 
(c) ACCOUNTS OF PECHANGA SETTLEMENT FUND.—The Secretary 
shall establish in the Fund the following accounts: 
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PUBLIC LAW 114–322—DEC. 16, 2016 
(1) Pechanga Recycled Water Infrastructure account, con-
sisting of amounts authorized pursuant to section 3411(a)(1). 
(2) Pechanga ESAA Delivery Capacity account, consisting 
of amounts authorized pursuant to section 3411(a)(2). 
(3) Pechanga Water Fund account, consisting of amounts 
authorized pursuant to section 3411(a)(3). 
(4) Pechanga Water Quality account, consisting of amounts 
authorized pursuant to section 3411(a)(4). 
(d) MANAGEMENT
OF FUND.—The Secretary shall manage, 
invest, and distribute all amounts in the Fund in a manner that 
is consistent with the investment authority of the Secretary under— 
(1) the first section of the Act of June 24, 1938 (25 U.S.C. 
162a); 
(2) the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.); and 
(3) this section. 
(e) AVAILABILITY OF AMOUNTS.—Amounts appropriated to, and 
deposited in, the Fund, including any investment earnings accrued 
from the date of deposit in the Fund through the date of disburse-
ment from the Fund, shall be made available to the Band by 
the Secretary beginning on the enforceability date. 
(f) WITHDRAWALS BY BAND PURSUANT TO THE AMERICAN INDIAN 
TRUST FUND MANAGEMENT REFORM ACT.— 
(1) IN GENERAL.—The Band may withdraw all or part of 
the amounts in the Fund on approval by the Secretary of 
a tribal management plan submitted by the Band in accordance 
with the American Indian Trust Fund Management Reform 
Act of 1994 (25 U.S.C. 4001 et seq.). 
(2) REQUIREMENTS.— 
(A) IN
GENERAL.—In addition to the requirements 
under the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
management plan under paragraph (1) shall require that 
the Band shall spend all amounts withdrawn from the 
Fund in accordance with this subtitle. 
(B) ENFORCEMENT.—The Secretary may carry out such 
judicial or administrative actions as the Secretary deter-
mines to be necessary to enforce the tribal management 
plan to ensure that amounts withdrawn by the Band from 
the Fund under this subsection are used in accordance 
with this subtitle. 
(g) WITHDRAWALS
BY BAND PURSUANT
TO
AN EXPENDITURE 
PLAN.— 
(1) IN GENERAL.—The Band may submit an expenditure 
plan for approval by the Secretary requesting that all or part 
of the amounts in the Fund be disbursed in accordance with 
the plan. 
(2) REQUIREMENTS.—The expenditure plan under para-
graph (1) shall include a description of the manner and purpose 
for which the amounts proposed to be disbursed from the Fund 
will be used, in accordance with subsection (h). 
(3) APPROVAL.—If the Secretary determines that an 
expenditure plan submitted under this subsection is consistent 
with the purposes of this subtitle, the Secretary shall approve 
the plan. 
(4) ENFORCEMENT.—The Secretary may carry out such 
judicial or administrative actions as the Secretary determines 
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130 STAT. 1769 
PUBLIC LAW 114–322—DEC. 16, 2016 
necessary to enforce an expenditure plan to ensure that 
amounts disbursed under this subsection are used in accordance 
with this subtitle. 
(h) USES.—Amounts from the Fund shall be used by the Band 
for the following purposes: 
(1) 
PECHANGA
RECYCLED
WATER
INFRASTRUCTURE 
ACCOUNT.—The 
Pechanga 
Recycled 
Water 
Infrastructure 
account shall be used for expenditures by the Band in accord-
ance with section 3408(c). 
(2) PECHANGA
ESAA
DELIVERY
CAPACITY
ACCOUNT.—The 
Pechanga ESAA Delivery Capacity account shall be used for 
expenditures by the Band in accordance with section 3408(d). 
(3) PECHANGA
WATER
FUND
ACCOUNT.—The Pechanga 
Water Fund account shall be used for— 
(A) payment of the EMWD Connection Fee; 
(B) payment of the MWD Connection Fee; and 
(C) any expenses, charges, or fees incurred by the 
Band in connection with the delivery or use of water pursu-
ant to the Pechanga Settlement Agreement. 
(4) PECHANGA WATER QUALITY ACCOUNT.—The Pechanga 
Water Quality account shall be used by the Band to fund 
groundwater desalination activities within the Wolf Valley 
Basin. 
(i) LIABILITY.—The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure of, or the investment of 
any amounts withdrawn from, the Fund by the Band under sub-
section (f) or (g). 
(j) NO PER CAPITA DISTRIBUTIONS.—No portion of the Fund 
shall be distributed on a per capita basis to any member of the 
Band. 
SEC. 3410. MISCELLANEOUS PROVISIONS. 
(a) WAIVER OF SOVEREIGN IMMUNITY BY THE UNITED STATES.— 
Except as provided in subsections (a) through (c) of section 208 
of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 
666), nothing in this subtitle waives the sovereign immunity of 
the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this 
subtitle quantifies or diminishes any land or water right, or any 
claim or entitlement to land or water, of an Indian tribe, band, 
or community other than the Band. 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect 
to Indian land within the Reservation— 
(1) the United States shall not submit against any Indian- 
owned land located within the Reservation any claim for 
reimbursement of the cost to the United States of carrying 
out this subtitle and the Pechanga Settlement Agreement; and 
(2) no assessment of any Indian-owned land located within 
the Reservation shall be made regarding that cost. 
(d) EFFECT ON CURRENT LAW.—Nothing in this section affects 
any provision of law (including regulations) in effect on the day 
before the date of enactment of this Act with respect to 
preenforcement review of any Federal environmental enforcement 
action. 
SEC. 3411. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
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130 STAT. 1770 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) 
PECHANGA
RECYCLED
WATER
INFRASTRUCTURE 
ACCOUNT.—There is authorized to be appropriated $2,656,374, 
for deposit in the Pechanga Recycled Water Infrastructure 
account, to carry out the activities described in section 3408(c). 
(2) PECHANGA ESAA DELIVERY CAPACITY ACCOUNT.—There 
is authorized to be appropriated $17,900,000, for deposit in 
the Pechanga ESAA Delivery Capacity account, which amount 
shall be adjusted for changes in construction costs since June 
30, 2009, as is indicated by ENR Construction Cost Index, 
20-City Average, as applicable to the types of construction 
required for the Band to provide the infrastructure necessary 
for the Band to provide the Interim Capacity and Permanent 
Capacity in the event that RCWD elects not to provide the 
Interim Capacity or Permanent Capacity as set forth in the 
ESAA Capacity Agreement and contemplated in sections 
3408(d)(2)(D) and 3408(d)(3)(D) of this subtitle, with such 
adjustment ending on the date on which funds authorized to 
be appropriated under this section have been deposited in the 
Fund. 
(3) PECHANGA WATER FUND ACCOUNT.—There is authorized 
to be appropriated $5,483,653, for deposit in the Pechanga 
Water Fund account, which amount shall be adjusted for 
changes in appropriate cost indices since June 30, 2009, with 
such adjustment ending on the date of deposit in the Fund, 
for the purposes set forth in section 3409(h)(3). 
(4) PECHANGA WATER QUALITY ACCOUNT.—There is author-
ized to be appropriated $2,460,000, for deposit in the Pechanga 
Water Quality account, which amount shall be adjusted for 
changes in appropriate cost indices since June 30, 2009, with 
such adjustment ending on the date of deposit in the Fund, 
for the purposes set forth in section 3409(h)(4). 
SEC. 3412. EXPIRATION ON FAILURE OF ENFORCEABILITY DATE. 
If the Secretary does not publish a statement of findings under 
section 3407(e) by April 30, 2021, or such alternative later date 
as is agreed to by the Band and the Secretary, as applicable— 
(1) this subtitle expires on the later of May 1, 2021, or 
the day after the alternative date agreed to by the Band and 
the Secretary; 
(2) any action taken by the Secretary and any contract 
or agreement pursuant to the authority provided under any 
provision of this subtitle shall be void; 
(3) any amounts appropriated under section 3411, together 
with any interest on those amounts, shall immediately revert 
to the general fund of the Treasury; and 
(4) any amounts made available under section 3411 that 
remain unexpended shall immediately revert to the general 
fund of the Treasury. 
SEC. 3413. ANTIDEFICIENCY. 
(a) IN GENERAL.—Notwithstanding any authorization of appro-
priations to carry out this subtitle, the expenditure or advance 
of any funds, and the performance of any obligation by the Depart-
ment in any capacity, pursuant to this subtitle shall be contingent 
on the appropriation of funds for that expenditure, advance, or 
performance. 
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130 STAT. 1771 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) LIABILITY.—The Department of the Interior shall not be 
liable for the failure to carry out any obligation or activity author-
ized by this subtitle if adequate appropriations are not provided 
to carry out this subtitle. 
Subtitle E—Delaware River Basin 
Conservation 
SEC. 3501. FINDINGS. 
Congress finds that— 
(1) the Delaware River Basin is a national treasure of 
great cultural, environmental, ecological, and economic impor-
tance; 
(2) the Basin contains over 12,500 square miles of land 
in the States of Delaware, New Jersey, New York, and Pennsyl-
vania, including nearly 800 square miles of bay and more 
than 2,000 tributary rivers and streams; 
(3) the Basin is home to more than 8,000,000 people who 
depend on the Delaware River and the Delaware Bay as an 
economic engine, a place of recreation, and a vital habitat 
for fish and wildlife; 
(4) the Basin provides clean drinking water to more than 
15,000,000 people, including New York City, which relies on 
the Basin for approximately half of the drinking water supply 
of the city, and Philadelphia, whose most significant threat 
to the drinking water supply of the city is loss of forests 
and other natural cover in the Upper Basin, according to a 
study conducted by the Philadelphia Water Department; 
(5) the Basin contributes $25,000,000,000 annually in eco-
nomic activity, provides $21,000,000,000 in ecosystem goods 
and services per year, and is directly or indirectly responsible 
for 600,000 jobs with $10,000,000,000 in annual wages; 
(6) almost 180 species of fish and wildlife are considered 
special status species in the Basin due to habitat loss and 
degradation, particularly sturgeon, eastern oyster, horseshoe 
crabs, and red knots, which have been identified as unique 
species in need of habitat improvement; 
(7) the Basin provides habitat for over 200 resident and 
migrant fish species, includes significant recreational fisheries, 
and is an important source of eastern oyster, blue crab, and 
the largest population of the American horseshoe crab; 
(8) the annual dockside value of commercial eastern oyster 
fishery landings for the Delaware Estuary is nearly $4,000,000, 
making it the fourth most lucrative fishery in the Delaware 
River Basin watershed, and proven management strategies are 
available to increase oyster habitat, abundance, and harvest; 
(9) the Delaware Bay has the second largest concentration 
of shorebirds in North America and is designated as one of 
the 4 most important shorebird migration sites in the world; 
(10) the Basin, 50 percent of which is forested, also has 
over 700,000 acres of wetland, more than 126,000 acres of 
which are recognized as internationally important, resulting 
in a landscape that provides essential ecosystem services, 
including recreation, commercial, and water quality benefits; 
(11) much of the remaining exemplary natural landscape 
in the Basin is vulnerable to further degradation, as the Basin 
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130 STAT. 1772 
PUBLIC LAW 114–322—DEC. 16, 2016 
gains approximately 10 square miles of developed land 
annually, and with new development, urban watersheds are 
increasingly covered by impervious surfaces, amplifying the 
quantity of polluted runoff into rivers and streams; 
(12) the Delaware River is the longest undammed river 
east of the Mississippi; a critical component of the National 
Wild and Scenic Rivers System in the Northeast, with more 
than 400 miles designated; home to one of the most heavily 
visited National Park units in the United States, the Delaware 
Water Gap National Recreation Area; and the location of 6 
National Wildlife Refuges; 
(13) the Delaware River supports an internationally 
renowned cold water fishery in more than 80 miles of its 
northern headwaters that attracts tens of thousands of visitors 
each year and generates over $21,000,000 in annual revenue 
through tourism and recreational activities; 
(14) management of water volume in the Basin is critical 
to flood mitigation and habitat for fish and wildlife, and fol-
lowing 3 major floods along the Delaware River since 2004, 
the Governors of the States of Delaware, New Jersey, New 
York, and Pennsylvania have called for natural flood damage 
reduction measures to combat the problem, including restoring 
the function of riparian corridors; 
(15) the Delaware River Port Complex (including docking 
facilities in the States of Delaware, New Jersey, and Pennsyl-
vania) is one of the largest freshwater ports in the world, 
the Port of Philadelphia handles the largest volume of inter-
national tonnage and 70 percent of the oil shipped to the 
East Coast, and the Port of Wilmington, a full-service deepwater 
port and marine terminal supporting more than 12,000 jobs, 
is the busiest terminal on the Delaware River, handling more 
than 400 vessels per year with an annual import/export cargo 
tonnage of more than 4,000,000 tons; 
(16) the Delaware Estuary, where freshwater from the 
Delaware River mixes with saltwater from the Atlantic Ocean, 
is one of the largest and most complex of the 28 estuaries 
in the National Estuary Program, and the Partnership for 
the Delaware Estuary works to improve the environmental 
health of the Delaware Estuary; 
(17) the Delaware River Basin Commission is a Federal- 
interstate compact government agency charged with overseeing 
a unified approach to managing the river system and imple-
menting important water resources management projects and 
activities throughout the Basin that are in the national interest; 
(18) restoration activities in the Basin are supported 
through several Federal and State agency programs, and 
funding for those important programs should continue and 
complement the establishment of the Delaware River Basin 
Restoration Program, which is intended to build on and help 
coordinate restoration and protection funding mechanisms at 
the Federal, State, regional, and local levels; and 
(19) the existing and ongoing voluntary conservation efforts 
in the Delaware River Basin necessitate improved efficiency 
and cost effectiveness, as well as increased private-sector invest-
ments and coordination of Federal and non-Federal resources. 
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130 STAT. 1773 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 3502. DEFINITIONS. 
In this subtitle: 
(1) BASIN.—The term ‘‘Basin’’ means the 4-State Delaware 
Basin region, including all of Delaware Bay and portions of 
the States of Delaware, New Jersey, New York, and Pennsyl-
vania located in the Delaware River watershed. 
(2) BASIN STATE.—The term ‘‘Basin State’’ means each of 
the States of Delaware, New Jersey, New York, and Pennsyl-
vania. 
(3) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the United States Fish and Wildlife Service. 
(4) GRANT PROGRAM.—The term ‘‘grant program’’ means 
the voluntary Delaware River Basin Restoration Grant Program 
established under section 3504. 
(5) PROGRAM.—The term ‘‘program’’ means the nonregula-
tory Delaware River Basin restoration program established 
under section 3503. 
(6) RESTORATION AND PROTECTION.—The term ‘‘restoration 
and protection’’ means the conservation, stewardship, and 
enhancement of habitat for fish and wildlife to preserve and 
improve ecosystems and ecological processes on which they 
depend, and for use and enjoyment by the public. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Director. 
(8) SERVICE.—The term ‘‘Service’’ means the United States 
Fish and Wildlife Service. 
SEC. 3503. PROGRAM ESTABLISHMENT. 
(a) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish a nonregula-
tory program to be known as the ‘‘Delaware River Basin restoration 
program’’. 
(b) DUTIES.—In carrying out the program, the Secretary shall— 
(1) draw on existing plans for the Basin, or portions of 
the Basin, and work in consultation with applicable manage-
ment entities, including representatives of the Partnership for 
the Delaware Estuary, the Delaware River Basin Commission, 
the Federal Government, and other State and local govern-
ments, and regional organizations, as appropriate, to identify, 
prioritize, and implement restoration and protection activities 
within the Basin; 
(2) adopt a Basinwide strategy that— 
(A) supports the implementation of a shared set of 
science-based restoration and protection activities devel-
oped in accordance with paragraph (1); 
(B) targets cost-effective projects with measurable 
results; and 
(C) maximizes conservation outcomes with no net gain 
of Federal full-time equivalent employees; and 
(3) establish the voluntary grant and technical assistance 
programs in accordance with section 3504. 
(c) COORDINATION.—In establishing the program, the Secretary 
shall consult, as appropriate, with— 
(1) the heads of Federal agencies, including— 
(A) the Administrator of the Environmental Protection 
Agency; 
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130 STAT. 1774 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) the Administrator of the National Oceanic and 
Atmospheric Administration; 
(C) the Chief of the Natural Resources Conservation 
Service; 
(D) the Chief of Engineers; and 
(E) the head of any other applicable agency; 
(2) the Governors of the Basin States; 
(3) the Partnership for the Delaware Estuary; 
(4) the Delaware River Basin Commission; 
(5) fish and wildlife joint venture partnerships; and 
(6) other public agencies and organizations with authority 
for the planning and implementation of conservation strategies 
in the Basin. 
(d) PURPOSES.—The purposes of the program include— 
(1) coordinating restoration and protection activities among 
Federal, State, local, and regional entities and conservation 
partners throughout the Basin; and 
(2) carrying out coordinated restoration and protection 
activities, and providing for technical assistance throughout 
the Basin and Basin States— 
(A) to sustain and enhance fish and wildlife habitat 
restoration and protection activities; 
(B) to improve and maintain water quality to support 
fish and wildlife, as well as the habitats of fish and wildlife, 
and drinking water for people; 
(C) to sustain and enhance water management for 
volume and flood damage mitigation improvements to ben-
efit fish and wildlife habitat; 
(D) to improve opportunities for public access and 
recreation in the Basin consistent with the ecological needs 
of fish and wildlife habitat; 
(E) to facilitate strategic planning to maximize the 
resilience of natural systems and habitats under changing 
watershed conditions; 
(F) to engage the public through outreach, education, 
and citizen involvement, to increase capacity and support 
for coordinated restoration and protection activities in the 
Basin; 
(G) to increase scientific capacity to support the plan-
ning, monitoring, and research activities necessary to carry 
out coordinated restoration and protection activities; and 
(H) to provide technical assistance to carry out restora-
tion and protection activities in the Basin. 
SEC. 3504. GRANTS AND ASSISTANCE. 
(a) DELAWARE RIVER BASIN RESTORATION GRANT PROGRAM.— 
To the extent that funds are available to carry out this section, 
the Secretary shall establish a voluntary grant and technical assist-
ance program to be known as the ‘‘Delaware River Basin Restoration 
Grant Program’’ to provide competitive matching grants of varying 
amounts to State and local governments, nonprofit organizations, 
institutions of higher education, and other eligible entities to carry 
out activities described in section 3503(d). 
(b) CRITERIA.—The Secretary, in consultation with the organiza-
tions described in section 3503(c), shall develop criteria for the 
grant program to help ensure that activities funded under this 
section accomplish one or more of the purposes identified in section 
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130 STAT. 1775 
PUBLIC LAW 114–322—DEC. 16, 2016 
3503(d)(2) and advance the implementation of priority actions or 
needs identified in the Basinwide strategy adopted under section 
3503(b)(2). 
(c) COST SHARING.— 
(1) FEDERAL SHARE.—The Federal share of the cost of a 
project funded under the grant program shall not exceed 50 
percent of the total cost of the activity, as determined by 
the Secretary. 
(2) NON-FEDERAL SHARE.—The non-Federal share of the 
cost of a project funded under the grant program may be 
provided in cash or in the form of an in-kind contribution 
of services or materials. 
SEC. 3505. ANNUAL LETTER. 
Not later than 180 days after the date of enactment of this 
Act and annually thereafter, the Secretary shall submit to Congress 
a detailed letter on the implementation of this subtitle, including 
a description of each project that has received funding under this 
subtitle. 
SEC. 3506. PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISI-
TION OF INTERESTS IN LAND. 
No funds may be appropriated or used under this subtitle 
for acquisition by the Federal Government of any interest in land. 
SEC. 3507. SUNSET. 
This subtitle shall have no force or effect after September 
30, 2023. 
Subtitle F—Miscellaneous Provisions 
SEC. 3601. BUREAU OF RECLAMATION DAKOTAS AREA OFFICE PERMIT 
FEES FOR CABINS AND TRAILERS. 
During the period ending 5 years after the date of enactment 
of this Act, the Secretary of the Interior shall not increase the 
permit fee for a cabin or trailer on land in the State of North 
Dakota administered by the Dakotas Area Office of the Bureau 
of Reclamation by more than 33 percent of the permit fee that 
was in effect on January 1, 2016. 
SEC. 3602. USE OF TRAILER HOMES AT HEART BUTTE DAM AND RES-
ERVOIR (LAKE TSCHIDA). 
(a) DEFINITIONS.—In this section: 
(1) ADDITION.—The term ‘‘addition’’ means any enclosed 
structure added onto the structure of a trailer home that 
increases the living area of the trailer home. 
(2) CAMPER OR RECREATIONAL VEHICLE.—The term ‘‘camper 
or recreational vehicle’’ includes— 
(A) a camper, motorhome, trailer camper, bumper hitch 
camper, fifth wheel camper, or equivalent mobile shelter; 
and 
(B) a recreational vehicle. 
(3) IMMEDIATE
FAMILY.—The term ‘‘immediate family’’ 
means a spouse, grandparent, parent, sibling, child, or grand-
child. 
(4) PERMIT.—The term ‘‘permit’’ means a permit issued 
by the Secretary authorizing the use of a lot in a trailer area. 
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130 STAT. 1776 
PUBLIC LAW 114–322—DEC. 16, 2016 
(5) PERMIT
YEAR.—The term ‘‘permit year’’ means the 
period beginning on April 1 of a calendar year and ending 
on March 31 of the following calendar year. 
(6) PERMITTEE.—The term ‘‘permittee’’ means a person 
holding a permit. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(8) TRAILER
AREA.—The term ‘‘trailer area’’ means any 
of the following areas at Heart Butte Dam and Reservoir (Lake 
Tschida) (as described in the document of the Bureau of Rec-
lamation entitled ‘‘Heart Butte Reservoir Resource Manage-
ment Plan’’ (March 2008)): 
(A) Trailer Area 1 and 2, also known as Management 
Unit 034. 
(B) Southside Trailer Area, also known as Management 
Unit 014. 
(9) TRAILER
HOME.—The term ‘‘trailer home’’ means a 
dwelling placed on a supporting frame that— 
(A) has or had a tow-hitch; and 
(B) is made mobile, or is capable of being made mobile, 
by an axle and wheels. 
(b) PERMIT RENEWAL AND PERMITTED USE.— 
(1) IN GENERAL.—The Secretary shall use the same permit 
renewal process for trailer area permits as the Secretary uses 
for other permit renewals in other reservoirs in the State 
of North Dakota administered by the Dakotas Area Office of 
the Bureau of Reclamation. 
(2) TRAILER HOMES.—With respect to a trailer home, a 
permit for each permit year shall authorize the permittee— 
(A) to park the trailer home on the lot; 
(B) to use the trailer home on the lot; 
(C) to physically move the trailer home on and off 
the lot; and 
(D) to leave on the lot any addition, deck, porch, 
entryway, step to the trailer home, propane tank, or storage 
shed. 
(3) CAMPERS
OR
RECREATIONAL
VEHICLES.—With respect 
to a camper or recreational vehicle, a permit shall, for each 
permit year— 
(A) from April 1 to October 31, authorize the per-
mittee— 
(i) to park the camper or recreational vehicle on 
the lot; 
(ii) to use the camper or recreational vehicle on 
the lot; and 
(iii) to move the camper or recreational vehicle 
on and off the lot; and 
(B) from November 1 to March 31, require a permittee 
to remove the camper or recreational vehicle from the 
lot. 
(c) REMOVAL.— 
(1) IN GENERAL.—The Secretary may require removal of 
a trailer home from a lot in a trailer area if the trailer home 
is flooded after the date of enactment of this Act. 
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130 STAT. 1777 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) REMOVAL
AND
NEW
USE.—If the Secretary requires 
removal of a trailer home under paragraph (1), on request 
by the permittee, the Secretary shall authorize the permittee— 
(A) to replace the trailer home on the lot with a camper 
or recreational vehicle in accordance with this section; or 
(B) to place a trailer home on the lot from April 1 
to October 31. 
(d) TRANSFER OF PERMITS.— 
(1) TRANSFER
OF
TRAILER
HOME
TITLE.—If a permittee 
transfers title to a trailer home permitted on a lot in a trailer 
area, the Secretary shall issue a permit to the transferee, 
under the same terms as the permit applicable on the date 
of transfer, subject to the conditions described in paragraph 
(3). 
(2) TRANSFER
OF
CAMPER
OR
RECREATIONAL
VEHICLE 
TITLE.—If a permittee who has a permit to use a camper or 
recreational vehicle on a lot in a trailer area transfers title 
to the interests of the permittee on or to the lot, the Secretary 
shall issue a permit to the transferee, subject to the conditions 
described in paragraph (3). 
(3) CONDITIONS.—A permit issued by the Secretary under 
paragraph (1) or (2) shall be subject to the following conditions: 
(A) A permit may not be held in the name of a corpora-
tion. 
(B) A permittee may not have an interest in, or control 
of, more than 1 seasonal trailer home site in the Great 
Plains Region of the Bureau of Reclamation, inclusive of 
sites located on tracts permitted to organized groups on 
Reclamation reservoirs. 
(C) Not more than 2 persons may be permittees under 
1 permit, unless— 
(i) approved by the Secretary; or 
(ii) the additional persons are immediate family 
members of the permittees. 
(e) ANCHORING REQUIREMENTS FOR TRAILER HOMES.—The Sec-
retary shall require compliance with appropriate anchoring require-
ments for each trailer home (including additions to the trailer 
home) and other objects on a lot in a trailer area, as determined 
by the Secretary, after consulting with permittees. 
(f) REPLACEMENT, REMOVAL, AND RETURN.— 
(1) REPLACEMENT.—Permittees may replace their trailer 
home with another trailer home. 
(2) REMOVAL AND RETURN.—Permittees may— 
(A) remove their trailer home; and 
(B) if the permittee removes their trailer home under 
subparagraph (A), return the trailer home to the lot of 
the permittee. 
(g) LIABILITY; TAKING.— 
(1) LIABILITY.—The United States shall not be liable for 
flood damage to the personal property of a permittee or for 
damages arising out of any act, omission, or occurrence relating 
to a lot to which a permit applies, other than for damages 
caused by an act or omission of the United States or an 
employee, agent, or contractor of the United States before the 
date of enactment of this Act. 
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130 STAT. 1778 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) TAKING.—Any temporary flooding or flood damage to 
the personal property of a permittee shall not be a taking 
by the United States. 
SEC. 3603. LAKE TAHOE RESTORATION. 
(a) FINDINGS AND PURPOSES.—The Lake Tahoe Restoration Act 
(Public Law 106–506; 114 Stat. 2351) is amended by striking section 
2 and inserting the following: 
‘‘SEC. 2. FINDINGS AND PURPOSES. 
‘‘(a) FINDINGS.—Congress finds that— 
‘‘(1) Lake Tahoe— 
‘‘(A) is one of the largest, deepest, and clearest lakes 
in the world; 
‘‘(B) has a cobalt blue color, a biologically diverse alpine 
setting, and remarkable water clarity; and 
‘‘(C) is recognized nationally and worldwide as a nat-
ural resource of special significance; 
‘‘(2) in addition to being a scenic and ecological treasure, 
the Lake Tahoe Basin is one of the outstanding recreational 
resources of the United States, which— 
‘‘(A) offers skiing, water sports, biking, camping, and 
hiking to millions of visitors each year; and 
‘‘(B) contributes significantly to the economies of Cali-
fornia, Nevada, and the United States; 
‘‘(3) the economy in the Lake Tahoe Basin is dependent 
on the conservation and restoration of the natural beauty and 
recreation opportunities in the area; 
‘‘(4) the ecological health of the Lake Tahoe Basin continues 
to be challenged by the impacts of land use and transportation 
patterns developed in the last century; 
‘‘(5) the alteration of wetland, wet meadows, and stream 
zone habitat have compromised the capacity of the watershed 
to filter sediment, nutrients, and pollutants before reaching 
Lake Tahoe; 
‘‘(6) forests in the Lake Tahoe Basin suffer from over a 
century of fire damage and periodic drought, which have 
resulted in— 
‘‘(A) high tree density and mortality; 
‘‘(B) the loss of biological diversity; and 
‘‘(C) a large quantity of combustible forest fuels, which 
significantly increases the threat of catastrophic fire and 
insect infestation; 
‘‘(7) the establishment of several aquatic and terrestrial 
invasive species (including perennial pepperweed, milfoil, and 
Asian clam) threatens the ecosystem of the Lake Tahoe Basin; 
‘‘(8) there is an ongoing threat to the economy and eco-
system of the Lake Tahoe Basin of the introduction and 
establishment of other invasive species (such as yellow 
starthistle, New Zealand mud snail, Zebra mussel, and quagga 
mussel); 
‘‘(9) 78 percent of the land in the Lake Tahoe Basin is 
administered by the Federal Government, which makes it a 
Federal responsibility to restore ecological health to the Lake 
Tahoe Basin; 
‘‘(10) the Federal Government has a long history of environ-
mental stewardship at Lake Tahoe, including— 
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130 STAT. 1779 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(A) congressional consent to the establishment of the 
Planning Agency with— 
‘‘(i) the enactment in 1969 of Public Law 91–148 
(83 Stat. 360); and 
‘‘(ii) the enactment in 1980 of Public Law 96– 
551 (94 Stat. 3233); 
‘‘(B) the establishment of the Lake Tahoe Basin 
Management Unit in 1973; 
‘‘(C) the enactment of Public Law 96–586 (94 Stat. 
3381) in 1980 to provide for the acquisition of environ-
mentally sensitive land and erosion control grants in the 
Lake Tahoe Basin; 
‘‘(D) the enactment of sections 341 and 342 of the 
Department of the Interior and Related Agencies Appro-
priations Act, 2004 (Public Law 108–108; 117 Stat. 1317), 
which amended the Southern Nevada Public Land Manage-
ment Act of 1998 (Public Law 105–263; 112 Stat. 2346) 
to provide payments for the environmental restoration pro-
grams under this Act; and 
‘‘(E) the enactment of section 382 of the Tax Relief 
and Health Care Act of 2006 (Public Law 109–432; 120 
Stat. 3045), which amended the Southern Nevada Public 
Land Management Act of 1998 (Public Law 105–263; 112 
Stat. 2346) to authorize development and implementation 
of a comprehensive 10-year hazardous fuels and fire preven-
tion plan for the Lake Tahoe Basin; 
‘‘(11) the Assistant Secretary was an original signatory 
in 1997 to the Agreement of Federal Departments on Protection 
of the Environment and Economic Health of the Lake Tahoe 
Basin; 
‘‘(12) the Chief of Engineers, under direction from the 
Assistant Secretary, has continued to be a significant contrib-
utor to Lake Tahoe Basin restoration, including— 
‘‘(A) stream and wetland restoration; and 
‘‘(B) programmatic technical assistance; 
‘‘(13) at the Lake Tahoe Presidential Forum in 1997, the 
President renewed the commitment of the Federal Government 
to Lake Tahoe by— 
‘‘(A) committing to increased Federal resources for 
ecological restoration at Lake Tahoe; and 
‘‘(B) establishing the Federal Interagency Partnership 
and Federal Advisory Committee to consult on natural 
resources issues concerning the Lake Tahoe Basin; 
‘‘(14) at the 2011 and 2012 Lake Tahoe Forums, Senator 
Reid, Senator Feinstein, Senator Heller, Senator Ensign, Gov-
ernor Gibbons, Governor Sandoval, and Governor Brown— 
‘‘(A) renewed their commitment to Lake Tahoe; and 
‘‘(B) expressed their desire to fund the Federal and 
State shares of the Environmental Improvement Program 
through 2022; 
‘‘(15) since 1997, the Federal Government, the States of 
California and Nevada, units of local government, and the 
private sector have contributed more than $1,955,500,000 to 
the Lake Tahoe Basin, including— 
‘‘(A) $635,400,000 from the Federal Government; 
‘‘(B) $758,600,000 from the State of California; 
‘‘(C) $123,700,000 from the State of Nevada; 
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130 STAT. 1780 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(D) $98,900,000 from units of local government; and 
‘‘(E) $338,900,000 from private interests; 
‘‘(16) significant additional investment from Federal, State, 
local, and private sources is necessary— 
‘‘(A) to restore and sustain the ecological health of 
the Lake Tahoe Basin; 
‘‘(B) to adapt to the impacts of fluctuating water 
temperature and precipitation; and 
‘‘(C) to prevent the introduction and establishment of 
invasive species in the Lake Tahoe Basin; and 
‘‘(17) the Secretary has indicated that the Lake Tahoe 
Basin Management Unit has the capacity for at least 
$10,000,000 annually for the Fire Risk Reduction and Forest 
Management Program. 
‘‘(b) PURPOSES.—The purposes of this Act are— 
‘‘(1) to enable the Chief of the Forest Service, the Director 
of the United States Fish and Wildlife Service, and the Adminis-
trator, in cooperation with the Planning Agency and the States 
of California and Nevada, to fund, plan, and implement signifi-
cant new environmental restoration activities and forest 
management activities in the Lake Tahoe Basin; 
‘‘(2) to ensure that Federal, State, local, regional, tribal, 
and private entities continue to work together to manage land 
in the Lake Tahoe Basin; 
‘‘(3) to support local governments in efforts related to 
environmental restoration, stormwater pollution control, fire 
risk reduction, and forest management activities; and 
‘‘(4) to ensure that agency and science community rep-
resentatives in the Lake Tahoe Basin work together— 
‘‘(A) to develop and implement a plan for integrated 
monitoring, assessment, and applied research to evaluate 
the effectiveness of the Environmental Improvement Pro-
gram; and 
‘‘(B) to provide objective information as a basis for 
ongoing decisionmaking, with an emphasis on decision-
making relating to resource management in the Lake Tahoe 
Basin.’’. 
(b) DEFINITIONS.—The Lake Tahoe Restoration Act (Public Law 
106–506; 114 Stat. 2351) is amended by striking section 3 and 
inserting the following: 
‘‘SEC. 3. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Environmental Protection Agency. 
‘‘(2) ASSISTANT SECRETARY.—The term ‘Assistant Secretary’ 
means the Assistant Secretary of the Army for Civil Works. 
‘‘(3) CHAIR.—The term ‘Chair’ means the Chair of the Fed-
eral Partnership. 
‘‘(4) COMPACT.—The term ‘Compact’ means the Tahoe 
Regional Planning Compact included in the first section of 
Public Law 96–551 (94 Stat. 3233). 
‘‘(5) DIRECTORS.—The term ‘Directors’ means— 
‘‘(A) the Director of the United States Fish and Wildlife 
Service; and 
‘‘(B) the Director of the United States Geological 
Survey. 
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130 STAT. 1781 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(6) ENVIRONMENTAL IMPROVEMENT PROGRAM.—The term 
‘Environmental Improvement Program’ means— 
‘‘(A) the Environmental Improvement Program adopted 
by the Planning Agency; and 
‘‘(B) any amendments to the Program. 
‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING CAPACITY.—The 
term ‘environmental threshold carrying capacity’ has the 
meaning given the term in Article II of the Compact. 
‘‘(8) FEDERAL PARTNERSHIP.—The term ‘Federal Partner-
ship’ means the Lake Tahoe Federal Interagency Partnership 
established by Executive Order 13057 (62 Fed. Reg. 41249) 
(or a successor Executive order). 
‘‘(9) FOREST
MANAGEMENT
ACTIVITY.—The term ‘forest 
management activity’ includes— 
‘‘(A) prescribed burning for ecosystem health and haz-
ardous fuels reduction; 
‘‘(B) mechanical and minimum tool treatment; 
‘‘(C) stream environment zone restoration and other 
watershed and wildlife habitat enhancements; 
‘‘(D) nonnative invasive species management; and 
‘‘(E) other activities consistent with Forest Service 
practices, as the Secretary determines to be appropriate. 
‘‘(10) MAPS.—The term ‘Maps’ means the maps— 
‘‘(A) entitled— 
‘‘(i) ‘LTRA USFS–CA Land Exchange/North Shore’; 
‘‘(ii) ‘LTRA USFS–CA Land Exchange/West Shore’; 
and 
‘‘(iii) ‘LTRA USFS–CA Land Exchange/South 
Shore’; and 
‘‘(B) dated January 4, 2016, and on file and available 
for public inspection in the appropriate offices of— 
‘‘(i) the Forest Service; 
‘‘(ii) the California Tahoe Conservancy; and 
‘‘(iii) the California Department of Parks and 
Recreation. 
‘‘(11) NATIONAL WILDLAND FIRE CODE.—The term ‘national 
wildland fire code’ means— 
‘‘(A) the most recent publication of the National Fire 
Protection Association codes numbered 1141, 1142, 1143, 
and 1144; 
‘‘(B) the most recent publication of the International 
Wildland-Urban Interface Code of the International Code 
Council; or 
‘‘(C) any other code that the Secretary determines pro-
vides the same, or better, standards for protection against 
wildland fire as a code described in subparagraph (A) or 
(B). 
‘‘(12) PLANNING
AGENCY.—The term ‘Planning Agency’ 
means the Tahoe Regional Planning Agency established under 
Public Law 91–148 (83 Stat. 360) and Public Law 96–551 
(94 Stat. 3233). 
‘‘(13) PRIORITY LIST.—The term ‘Priority List’ means the 
environmental restoration priority list developed under section 
5(b). 
‘‘(14) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Agriculture, acting through the Chief of the Forest 
Service. 
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130 STAT. 1782 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(15) STREAM
ENVIRONMENT
ZONE.—The term ‘Stream 
Environment Zone’ means an area that generally owes the 
biological and physical characteristics of the area to the pres-
ence of surface water or groundwater. 
‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The term ‘total max-
imum daily load’ means the total maximum daily load alloca-
tions adopted under section 303(d) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1313(d)). 
‘‘(17) WATERCRAFT.—The term ‘watercraft’ means motorized 
and non-motorized watercraft, including boats, seaplanes, per-
sonal watercraft, kayaks, and canoes.’’. 
(c) IMPROVED ADMINISTRATION
OF
THE LAKE TAHOE BASIN 
MANAGEMENT UNIT.—Section 4 of the Lake Tahoe Restoration Act 
(Public Law 106–506; 114 Stat. 2353) is amended— 
(1) in subsection (b)(3), by striking ‘‘basin’’ and inserting 
‘‘Basin’’; and 
(2) by adding at the end the following: 
‘‘(c) FOREST MANAGEMENT ACTIVITIES.— 
‘‘(1) COORDINATION.— 
‘‘(A) IN GENERAL.—In conducting forest management 
activities in the Lake Tahoe Basin Management Unit, the 
Secretary shall, as appropriate, coordinate with the 
Administrator and State and local agencies and organiza-
tions, including local fire departments and volunteer 
groups. 
‘‘(B) GOALS.—The coordination of activities under 
subparagraph (A) should aim to increase efficiencies and 
maximize the compatibility of management practices across 
public property boundaries. 
‘‘(2) MULTIPLE BENEFITS.— 
‘‘(A) IN GENERAL.—In conducting forest management 
activities in the Lake Tahoe Basin Management Unit, the 
Secretary shall conduct the activities in a manner that— 
‘‘(i) except as provided in subparagraph (B), attains 
multiple ecosystem benefits, including— 
‘‘(I) reducing forest fuels; 
‘‘(II) maintaining biological diversity; 
‘‘(III) improving wetland and water quality, 
including in Stream Environment Zones; and 
‘‘(IV) increasing resilience to changing water 
temperature and precipitation; and 
‘‘(ii) helps achieve and maintain the environmental 
threshold carrying capacities established by the Plan-
ning Agency. 
‘‘(B) 
EXCEPTION.—Notwithstanding 
subparagraph 
(A)(i), the attainment of multiple ecosystem benefits shall 
not be required if the Secretary determines that manage-
ment for multiple ecosystem benefits would excessively 
increase the cost of a program in relation to the additional 
ecosystem benefits gained from the management activity. 
‘‘(3) GROUND
DISTURBANCE.—Consistent with applicable 
Federal law and Lake Tahoe Basin Management Unit land 
and resource management plan direction, the Secretary shall— 
‘‘(A) establish post-program ground condition criteria 
for ground disturbance caused by forest management activi-
ties; and 
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130 STAT. 1783 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(B) provide for monitoring to ascertain the attainment 
of the post-program conditions. 
‘‘(4) AVAILABILITY OF CATEGORICAL EXCLUSION FOR CERTAIN 
FOREST MANAGEMENT PROJECTS.—A forest management activity 
conducted in the Lake Tahoe Basin Management Unit for the 
purpose of reducing forest fuels is categorically excluded from 
the requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if the forest management 
activity— 
‘‘(A) notwithstanding section 423 of the Department 
of the Interior, Environment, and Related Agencies Appro-
priations Act, 2009 (division E of Public Law 111–8; 123 
Stat. 748), does not exceed 10,000 acres, including not 
more than 3,000 acres of mechanical thinning; 
‘‘(B) is developed— 
‘‘(i) in coordination with impacted parties, specifi-
cally including representatives of local governments, 
such as county supervisors or county commissioners; 
and 
‘‘(ii) in consultation with other interested parties; 
and 
‘‘(C) is consistent with the Lake Tahoe Basin Manage-
ment Unit land and resource management plan. 
‘‘(d) WITHDRAWAL OF FEDERAL LAND.— 
‘‘(1) IN GENERAL.—Subject to valid existing rights and para-
graph (2), the Federal land located in the Lake Tahoe Basin 
Management Unit is withdrawn from— 
‘‘(A) all forms of entry, appropriation, or disposal under 
the public land laws; 
‘‘(B) location, entry, and patent under the mining laws; 
and 
‘‘(C) disposition under all laws relating to mineral and 
geothermal leasing. 
‘‘(2) EXCEPTIONS.—A conveyance of land shall be exempt 
from withdrawal under this subsection if carried out under— 
‘‘(A) this Act; or 
‘‘(B) Public Law 96–586 (94 Stat. 3381) (commonly 
known as the ‘Santini-Burton Act’). 
‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING CAPACITY.—The 
Lake Tahoe Basin Management Unit shall support the attainment 
of the environmental threshold carrying capacities. 
‘‘(f) COOPERATIVE AUTHORITIES.—During the 4 fiscal years fol-
lowing the date of enactment of the Water Resources Development 
Act of 2016, the Secretary, in conjunction with land adjustment 
programs, may enter into contracts and cooperative agreements 
with States, units of local government, and other public and private 
entities to provide for fuel reduction, erosion control, reforestation, 
Stream Environment Zone restoration, and similar management 
activities on Federal land and non-Federal land within the pro-
grams.’’. 
(d) AUTHORIZED PROGRAMS.—The Lake Tahoe Restoration Act 
(Public Law 106–506; 114 Stat. 2351) is amended by striking section 
5 and inserting the following: 
‘‘SEC. 5. AUTHORIZED PROGRAMS. 
‘‘(a) IN GENERAL.—The Secretary, the Assistant Secretary, the 
Directors, and the Administrator, in coordination with the Planning 
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130 STAT. 1784 
PUBLIC LAW 114–322—DEC. 16, 2016 
Agency and the States of California and Nevada, may carry out 
or provide financial assistance to any program that— 
‘‘(1) is described in subsection (d); 
‘‘(2) is included in the Priority List under subsection (b); 
and 
‘‘(3) furthers the purposes of the Environmental Improve-
ment Program if the program has been subject to environmental 
review and approval, respectively, as required under Federal 
law, Article VII of the Compact, and State law, as applicable. 
‘‘(b) PRIORITY LIST.— 
‘‘(1) DEADLINE.—Not later than March 15 of the year after 
the date of enactment of the Water Resources Development 
Act of 2016, the Chair, in consultation with the Secretary, 
the Administrator, the Directors, the Planning Agency, the 
States of California and Nevada, the Federal Partnership, the 
Washoe Tribe, the Lake Tahoe Federal Advisory Committee, 
and the Tahoe Science Consortium (or a successor organization) 
shall submit to Congress a prioritized Environmental Improve-
ment Program list for the Lake Tahoe Basin for the program 
categories described in subsection (d). 
‘‘(2) CRITERIA.—The ranking of the Priority List shall be 
based on the best available science and the following criteria: 
‘‘(A) The 4-year threshold carrying capacity evaluation. 
‘‘(B) The ability to measure progress or success of the 
program. 
‘‘(C) The potential to significantly contribute to the 
achievement and maintenance of the environmental 
threshold carrying capacities identified in Article II of the 
Compact. 
‘‘(D) The ability of a program to provide multiple bene-
fits. 
‘‘(E) The ability of a program to leverage non-Federal 
contributions. 
‘‘(F) Stakeholder support for the program. 
‘‘(G) The justification of Federal interest. 
‘‘(H) Agency priority. 
‘‘(I) Agency capacity. 
‘‘(J) Cost-effectiveness. 
‘‘(K) Federal funding history. 
‘‘(3) REVISIONS.—The Priority List submitted under para-
graph (1) shall be revised every 2 years. 
‘‘(4) FUNDING.—Of the amounts made available under sec-
tion 10(a), $80,000,000 shall be made available to the Secretary 
to carry out projects listed on the Priority List. 
‘‘(c) RESTRICTION.—The Administrator shall use not more than 
3 percent of the funds provided under subsection (a) for admin-
istering the programs described in paragraphs (1) and (2) of sub-
section (d). 
‘‘(d) DESCRIPTION OF ACTIVITIES.— 
‘‘(1) FIRE RISK REDUCTION AND FOREST MANAGEMENT.— 
‘‘(A) IN
GENERAL.—Of the amounts made available 
under section 10(a), $150,000,000 shall be made available 
to the Secretary to carry out, including by making grants, 
the following programs: 
‘‘(i) Programs identified as part of the Lake Tahoe 
Basin Multi-Jurisdictional Fuel Reduction and Wildfire 
Prevention Strategy 10-Year Plan. 
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130 STAT. 1785 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(ii) Competitive grants for fuels work to be 
awarded by the Secretary to communities that have 
adopted national wildland fire codes to implement the 
applicable portion of the 10-year plan described in 
clause (i). 
‘‘(iii) Biomass programs, including feasibility 
assessments. 
‘‘(iv) Angora Fire Restoration under the jurisdiction 
of the Secretary. 
‘‘(v) Washoe Tribe programs on tribal lands within 
the Lake Tahoe Basin. 
‘‘(vi) Development of an updated Lake Tahoe Basin 
multijurisdictional fuel reduction and wildfire preven-
tion strategy, consistent with section 4(c). 
‘‘(vii) Development of updated community wildfire 
protection plans by local fire districts. 
‘‘(viii) Municipal water infrastructure that signifi-
cantly improves the firefighting capability of local 
government within the Lake Tahoe Basin. 
‘‘(ix) Stewardship end result contracting projects 
carried out under section 604 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c). 
‘‘(B) MINIMUM
ALLOCATION.—Of the amounts made 
available to the Secretary to carry out subparagraph (A), 
at least $100,000,000 shall be used by the Secretary for 
programs under subparagraph (A)(i). 
‘‘(C) PRIORITY.—Units of local government that have 
dedicated funding for inspections and enforcement of defen-
sible space regulations shall be given priority for amounts 
provided under this paragraph. 
‘‘(D) COST-SHARING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—As a condition on the receipt 
of funds, communities or local fire districts that receive 
funds under this paragraph shall provide a 25-percent 
match. 
‘‘(ii) FORM OF NON-FEDERAL SHARE.— 
‘‘(I) IN
GENERAL.—The non-Federal share 
required under clause (i) may be in the form of 
cash 
contributions 
or 
in-kind 
contributions, 
including providing labor, equipment, supplies, 
space, and other operational needs. 
‘‘(II) 
CREDIT
FOR
CERTAIN
DEDICATED 
FUNDING.—There shall be credited toward the non- 
Federal share required under clause (i) any dedi-
cated funding of the communities or local fire dis-
tricts for a fuels reduction management program, 
defensible space inspections, or dooryard chipping. 
‘‘(III) 
DOCUMENTATION.—Communities 
and 
local fire districts shall— 
‘‘(aa) maintain a record of in-kind con-
tributions that describes— 
‘‘(AA) the monetary value of the in- 
kind contributions; and 
‘‘(BB) the manner in which the in- 
kind contributions assist in accomplishing 
program goals and objectives; and 
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130 STAT. 1786 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(bb) document in all requests for Federal 
funding, and include in the total program 
budget, evidence of the commitment to provide 
the non-Federal share through in-kind con-
tributions. 
‘‘(2) INVASIVE SPECIES MANAGEMENT.— 
‘‘(A) IN
GENERAL.—Of the amounts made available 
under section 10(a), $45,000,000 shall be made available 
to the Director of the United States Fish and Wildlife 
Service for the Aquatic Invasive Species Program and the 
watercraft inspections described in subparagraph (B). 
‘‘(B) DESCRIPTION OF ACTIVITIES.—The Director of the 
United States Fish and Wildlife Service, in coordination 
with the Assistant Secretary, the Planning Agency, the 
California Department of Fish and Wildlife, and the 
Nevada Department of Wildlife, shall deploy strategies con-
sistent with the Lake Tahoe Aquatic Invasive Species 
Management Plan to prevent the introduction or spread 
of aquatic invasive species in the Lake Tahoe region. 
‘‘(C) CRITERIA.—The strategies referred to in subpara-
graph (B) shall provide that— 
‘‘(i) combined inspection and decontamination sta-
tions be established and operated at not less than 
2 locations in the Lake Tahoe region; and 
‘‘(ii) watercraft not be allowed to launch in waters 
of the Lake Tahoe region if the watercraft has not 
been inspected in accordance with the Lake Tahoe 
Aquatic Invasive Species Management Plan. 
‘‘(D) CERTIFICATION.—The Planning Agency may certify 
State and local agencies to perform the decontamination 
activities described in subparagraph (C)(i) at locations out-
side the Lake Tahoe Basin if standards at the sites meet 
or exceed standards for similar sites in the Lake Tahoe 
Basin established under this paragraph. 
‘‘(E) APPLICABILITY.—The strategies and criteria devel-
oped under this paragraph shall apply to all watercraft 
to be launched on water within the Lake Tahoe region. 
‘‘(F) FEES.—The Director of the United States Fish 
and Wildlife Service may collect and spend fees for decon-
tamination only at a level sufficient to cover the costs 
of operation of inspection and decontamination stations 
under this paragraph. 
‘‘(G) CIVIL PENALTIES.— 
‘‘(i) IN
GENERAL.—Any person that launches, 
attempts to launch, or facilitates launching of 
watercraft not in compliance with strategies deployed 
under this paragraph shall be liable for a civil penalty 
in an amount not to exceed $1,000 per violation. 
‘‘(ii) OTHER AUTHORITIES.—Any penalties assessed 
under this subparagraph shall be separate from pen-
alties assessed under any other authority. 
‘‘(H) LIMITATION.—The strategies and criteria under 
subparagraphs (B) and (C), respectively, may be modified 
if the Secretary of the Interior, in a nondelegable capacity 
and in consultation with the Planning Agency and State 
governments, issues a determination that alternative meas-
ures will be no less effective at preventing introduction 
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130 STAT. 1787 
PUBLIC LAW 114–322—DEC. 16, 2016 
of aquatic invasive species into Lake Tahoe than the strate-
gies and criteria developed under subparagraphs (B) and 
(C), respectively. 
‘‘(I) SUPPLEMENTAL AUTHORITY.—The authority under 
this paragraph is supplemental to all actions taken by 
non-Federal regulatory authorities. 
‘‘(J) SAVINGS CLAUSE.—Nothing in this title restricts, 
affects, or amends any other law or the authority of any 
department, instrumentality, or agency of the United 
States, or any State or political subdivision thereof, 
respecting the control of invasive species. 
‘‘(3) STORMWATER
MANAGEMENT, EROSION
CONTROL, AND 
TOTAL WATERSHED RESTORATION.—Of the amounts made avail-
able under section 10(a), $113,000,000 shall be made avail-
able— 
‘‘(A) to the Secretary, the Secretary of the Interior, 
the Assistant Secretary, or the Administrator for the Fed-
eral share of stormwater management and related pro-
grams consistent with the adopted Total Maximum Daily 
Load and near-shore water quality goals; 
‘‘(B) for grants by the Secretary and the Administrator 
to carry out the programs described in subparagraph (A); 
‘‘(C) to the Secretary or the Assistant Secretary for 
the Federal share of the Upper Truckee River restoration 
programs and other watershed restoration programs identi-
fied in the Priority List established under section 5(b); 
and 
‘‘(D) for grants by the Administrator to carry out the 
programs described in subparagraph (C). 
‘‘(4) SPECIAL
STATUS
SPECIES
MANAGEMENT.—Of the 
amounts made available under section 10(a), $20,000,000 shall 
be made available to the Director of the United States Fish 
and Wildlife Service for the Lahontan Cutthroat Trout Recovery 
Program.’’. 
(e) PROGRAM PERFORMANCE AND ACCOUNTABILITY.—The Lake 
Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is 
amended by striking section 6 and inserting the following: 
‘‘SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 
‘‘(a) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 
‘‘(1) IN GENERAL.—Of the amounts made available under 
section 10(a), not less than $5,000,000 shall be made available 
to the Secretary to carry out this section. 
‘‘(2) PLANNING AGENCY.—Of the amounts described in para-
graph (1), not less than 50 percent shall be made available 
to the Planning Agency to carry out the program oversight 
and coordination activities established under subsection (d). 
‘‘(b) CONSULTATION.—In carrying out this Act, the Secretary, 
the Administrator, and the Directors shall, as appropriate and 
in a timely manner, consult with the heads of the Washoe Tribe, 
applicable Federal, State, regional, and local governmental agencies, 
and the Lake Tahoe Federal Advisory Committee. 
‘‘(c) CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Assistant Secretary may enter into 
interagency agreements with non-Federal interests in the Lake 
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130 STAT. 1788 
PUBLIC LAW 114–322—DEC. 16, 2016 
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous Gen-
eral Investigations funds to provide programmatic technical 
assistance for the Environmental Improvement Program. 
‘‘(2) LOCAL COOPERATION AGREEMENTS.— 
‘‘(A) IN GENERAL.—Before providing technical assist-
ance under this section, the Assistant Secretary shall enter 
into a local cooperation agreement with a non-Federal 
interest to provide for the technical assistance. 
‘‘(B) COMPONENTS.—The agreement entered into under 
subparagraph (A) shall— 
‘‘(i) describe the nature of the technical assistance; 
‘‘(ii) describe any legal and institutional structures 
necessary to ensure the effective long-term viability 
of the end products by the non-Federal interest; and 
‘‘(iii) include cost-sharing provisions in accordance 
with subparagraph (C). 
‘‘(C) FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—The Federal share of program 
costs under each local cooperation agreement under 
this paragraph shall be 65 percent. 
‘‘(ii) FORM.—The Federal share may be in the form 
of reimbursements of program costs. 
‘‘(iii) CREDIT.—The non-Federal interest may 
receive credit toward the non-Federal share for the 
reasonable costs of related technical activities com-
pleted by the non-Federal interest before entering into 
a local cooperation agreement with the Assistant Sec-
retary under this paragraph. 
‘‘(d) EFFECTIVENESS EVALUATION
AND MONITORING.—In car-
rying out this Act, the Secretary, the Administrator, and the Direc-
tors, in coordination with the Planning Agency and the States 
of California and Nevada, shall— 
‘‘(1) develop and implement a plan for integrated moni-
toring, assessment, and applied research to evaluate the 
effectiveness of the Environmental Improvement Program; 
‘‘(2) include funds in each program funded under this sec-
tion for monitoring and assessment of results at the program 
level; and 
‘‘(3) use the integrated multiagency performance measures 
established under this section. 
‘‘(e) REPORTING REQUIREMENTS.—Not later than March 15 of 
each year, the Secretary, in cooperation with the Chair, the 
Administrator, the Directors, the Planning Agency, and the States 
of California and Nevada, consistent with subsection (a), shall 
submit to Congress a report that describes— 
‘‘(1) the status of all Federal, State, local, and private 
programs authorized under this Act, including to the maximum 
extent practicable, for programs that will receive Federal funds 
under this Act during the current or subsequent fiscal year— 
‘‘(A) the program scope; 
‘‘(B) the budget for the program; and 
‘‘(C) the justification for the program, consistent with 
the criteria established in section 5(b)(2); 
‘‘(2) Federal, State, local, and private expenditures in the 
preceding fiscal year to implement the Environmental Improve-
ment Program; 
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130 STAT. 1789 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(3) accomplishments in the preceding fiscal year in imple-
menting this Act in accordance with the performance measures 
and other monitoring and assessment activities; and 
‘‘(4) public education and outreach efforts undertaken to 
implement programs authorized under this Act. 
‘‘(f) ANNUAL BUDGET PLAN.—As part of the annual budget 
of the President, the President shall submit information regarding 
each Federal agency involved in the Environmental Improvement 
Program (including the Forest Service, the Environmental Protec-
tion Agency, the United States Fish and Wildlife Service, the United 
States Geological Survey, and the Corps of Engineers), including— 
‘‘(1) an interagency crosscut budget that displays the pro-
posed budget for use by each Federal agency in carrying out 
restoration activities relating to the Environmental Improve-
ment Program for the following fiscal year; 
‘‘(2) a detailed accounting of all amounts received and obli-
gated by Federal agencies to achieve the goals of the Environ-
mental Improvement Program during the preceding fiscal year; 
and 
‘‘(3) a description of the Federal role in the Environmental 
Improvement Program, including the specific role of each 
agency involved in the restoration of the Lake Tahoe Basin.’’. 
(f) CONFORMING AMENDMENTS; UPDATES TO RELATED LAWS.— 
(1) LAKE TAHOE RESTORATION ACT.—The Lake Tahoe Res-
toration Act (Public Law 106–506; 114 Stat. 2351) is amended— 
(A) by striking sections 8 and 9; 
(B) by redesignating sections 10, 11, and 12 as sections 
8, 9, and 10, respectively; and 
(C) in section 9 (as redesignated by subparagraph (B)) 
by inserting ‘‘, Director, or Administrator’’ after ‘‘Secretary’’. 
(2) TAHOE REGIONAL PLANNING COMPACT.—Subsection (c) 
of Article V of the Tahoe Regional Planning Compact (Public 
Law 96–551; 94 Stat. 3240) is amended in the third sentence 
by inserting ‘‘and, in so doing, shall ensure that the regional 
plan reflects changing economic conditions and the economic 
effect of regulation on commerce’’ after ‘‘maintain the regional 
plan’’. 
(3) TREATMENT UNDER TITLE 49, UNITED STATES CODE.— 
Section 5303(r)(2)(C) of title 49, United States Code, is 
amended— 
(A) by inserting ‘‘and 25 square miles of land area’’ 
after ‘‘145,000’’; and 
(B) by inserting ‘‘and 12 square miles of land area’’ 
after ‘‘65,000’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—The Lake Tahoe Res-
toration Act (Public Law 106–506; 114 Stat. 2351) is amended 
by striking section 10 (as redesignated by subsection (f)(1)(B)) and 
inserting the following: 
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this Act $415,000,000 for a period 
of 7 fiscal years beginning the first fiscal year after the date 
of enactment of the Water Resources Development Act of 2016. 
‘‘(b) EFFECT ON OTHER FUNDS.—Amounts authorized under this 
section and any amendments made by this Act— 
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130 STAT. 1790 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(1) shall be in addition to any other amounts made avail-
able to the Secretary, the Administrator, or the Directors for 
expenditure in the Lake Tahoe Basin; and 
‘‘(2) shall not reduce allocations for other Regions of the 
Forest Service, the Environmental Protection Agency, or the 
United States Fish and Wildlife Service. 
‘‘(c) COST-SHARING REQUIREMENT.—Except as provided in sub-
section (d) and section 5(d)(1)(D), funds for activities carried out 
under section 5 shall be available for obligation on a 1-to-1 basis 
with funding of restoration activities in the Lake Tahoe Basin 
by the States of California and Nevada. 
‘‘(d) RELOCATION COSTS.—Notwithstanding subsection (c), the 
Secretary shall provide to local utility districts two-thirds of the 
costs of relocating facilities in connection with— 
‘‘(1) environmental restoration programs under sections 5 
and 6; and 
‘‘(2) erosion control programs under section 2 of Public 
Law 96–586 (94 Stat. 3381). 
‘‘(e) SIGNAGE.—To the maximum extent practicable, a program 
provided assistance under this Act shall include appropriate signage 
at the program site that— 
‘‘(1) provides information to the public on— 
‘‘(A) the amount of Federal funds being provided to 
the program; and 
‘‘(B) this Act; and 
‘‘(2) displays the visual identity mark of the Environmental 
Improvement Program.’’. 
(1) LAND
TRANSFERS
TO
IMPROVE
MANAGEMENT
EFFI-
CIENCIES OF FEDERAL AND STATE LAND.—Section 3(b) of Public 
Law 96–586 (94 Stat. 3384) (commonly known as the ‘‘Santini- 
Burton Act’’) is amended— 
(A) by striking ‘‘(b) Lands’’ and inserting the following: 
‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— 
‘‘(1) IN GENERAL.—Land’’; and 
(B) by adding at the end the following: 
‘‘(2) CALIFORNIA CONVEYANCES.— 
‘‘(A) IN GENERAL.—If the State of California (acting 
through the California Tahoe Conservancy and the Cali-
fornia Department of Parks and Recreation) offers to donate 
to the United States the non-Federal land described in 
subparagraph (B)(i), the Secretary— 
‘‘(i) may accept the offer; and 
‘‘(ii) convey to the State of California, subject to 
valid existing rights and for no consideration, all right, 
title, and interest of the United States in and to the 
Federal land. 
‘‘(B) DESCRIPTION OF LAND.— 
‘‘(i) NON-FEDERAL
LAND.—The non-Federal land 
referred to in subparagraph (A) includes— 
‘‘(I) the approximately 1,936 acres of land 
administered by the California Tahoe Conservancy 
and identified on the Maps as ‘Tahoe Conservancy 
to the USFS’; and 
‘‘(II) the approximately 183 acres of land 
administered by California State Parks and identi-
fied on the Maps as ‘Total USFS to California’. 
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130 STAT. 1791 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(ii) FEDERAL
LAND.—The Federal land referred 
to in subparagraph (A) includes the approximately 
1,995 acres of Forest Service land identified on the 
Maps as ‘U.S. Forest Service to Conservancy and State 
Parks’. 
‘‘(C) CONDITIONS.—Any land conveyed under this para-
graph shall— 
‘‘(i) be for the purpose of consolidating Federal 
and State ownerships and improving management effi-
ciencies; 
‘‘(ii) not result in any significant changes in the 
uses of the land; and 
‘‘(iii) be subject to the condition that the applicable 
deed include such terms, restrictions, covenants, condi-
tions, and reservations as the Secretary determines 
necessary— 
‘‘(I) to ensure compliance with this Act; and 
‘‘(II) to ensure that the transfer of development 
rights associated with the conveyed parcels shall 
not be recognized or available for transfer under 
chapter 51 of the Code of Ordinances for the Tahoe 
Regional Planning Agency. 
‘‘(D) CONTINUATION
OF
SPECIAL
USE
PERMITS.—The 
land conveyance under this paragraph shall be subject 
to the condition that the State of California accept all 
special use permits applicable, as of the date of enactment 
of the Water Resources Development Act of 2016, to the 
land described in subparagraph (B)(ii) for the duration 
of the special use permits, and subject to the terms and 
conditions of the special use permits. 
‘‘(3) NEVADA CONVEYANCES.— 
‘‘(A) IN GENERAL.—In accordance with this section and 
on request by the Governor of Nevada, the Secretary may 
transfer the land or interests in land described in subpara-
graph (B) to the State of Nevada without consideration, 
subject to appropriate deed restrictions to protect the 
environmental quality and public recreational use of the 
land transferred. 
‘‘(B) DESCRIPTION OF LAND.—The land referred to in 
subparagraph (A) includes— 
‘‘(i) the approximately 38.68 acres of Forest Service 
land identified on the map entitled ‘State of Nevada 
Conveyances’ as ‘Van Sickle Unit USFS Inholding’; 
and 
‘‘(ii) the approximately 92.28 acres of Forest 
Service land identified on the map entitled ‘State of 
Nevada Conveyances’ as ‘Lake Tahoe Nevada State 
Park USFS Inholding’. 
‘‘(C) CONDITIONS.—Any land conveyed under this para-
graph shall— 
‘‘(i) be for the purpose of consolidating Federal 
and State ownerships and improving management effi-
ciencies; 
‘‘(ii) not result in any significant changes in the 
uses of the land; and 
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130 STAT. 1792 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(iii) be subject to the condition that the applicable 
deed include such terms, restrictions, covenants, condi-
tions, and reservations as the Secretary determines 
necessary— 
‘‘(I) to ensure compliance with this Act; and 
‘‘(II) to ensure that the development rights 
associated with the conveyed parcels shall not be 
recognized or available for transfer under section 
90.2 of the Code of Ordinances for the Tahoe 
Regional Planning Agency. 
‘‘(D) CONTINUATION
OF
SPECIAL
USE
PERMITS.—The 
land conveyance under this paragraph shall be subject 
to the condition that the State of Nevada accept all special 
use permits applicable, as of the date of enactment of 
the Water Resources Development Act of 2016, to the land 
described in subparagraph (B)(ii) for the duration of the 
special use permits, and subject to the terms and conditions 
of the special use permits. 
‘‘(4) AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE 
URBAN LOTS.— 
‘‘(A) CONVEYANCE AUTHORITY.—Except in the case of 
land described in paragraphs (2) and (3), the Secretary 
of Agriculture may convey any urban lot within the Lake 
Tahoe Basin under the administrative jurisdiction of the 
Forest Service. 
‘‘(B) CONSIDERATION.—A conveyance under subpara-
graph (A) shall require consideration in an amount equal 
to the fair market value of the conveyed lot. 
‘‘(C) AVAILABILITY
AND
USE.—The proceeds from a 
conveyance under subparagraph (A) shall be retained by 
the Secretary of Agriculture and used for— 
‘‘(i) purchasing inholdings throughout the Lake 
Tahoe Basin; or 
‘‘(ii) providing additional funds to carry out the 
Lake Tahoe Restoration Act (Public Law 106–506; 114 
Stat. 2351) in excess of amounts made available under 
section 10 of that Act. 
‘‘(D) OBLIGATION LIMIT.—The obligation and expendi-
ture of proceeds retained under this paragraph shall be 
subject to such fiscal year limitation as may be specified 
in an Act making appropriations for the Forest Service 
for a fiscal year. 
‘‘(5) REVERSION.—If a parcel of land transferred under para-
graph (2) or (3) is used in a manner that is inconsistent with 
the use described for the parcel of land in paragraph (2) or 
(3), respectively, the parcel of land, shall, at the discretion 
of the Secretary, revert to the United States. 
‘‘(6) FUNDING.— 
‘‘(A) IN
GENERAL.—Of the amounts made available 
under section 10(a) of the Lake Tahoe Restoration Act 
(Public Law 106–506; 114 Stat. 2351), $2,000,000 shall 
be made available to the Secretary to carry out the activi-
ties under paragraphs (2), (3), and (4). 
‘‘(B) OTHER FUNDS.—Of the amounts available to the 
Secretary under paragraph (1), not less than 50 percent 
shall be provided to the California Tahoe Conservancy to 
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130 STAT. 1793 
PUBLIC LAW 114–322—DEC. 16, 2016 
facilitate the conveyance of land described in paragraphs 
(2) and (3).’’. 
SEC. 3604. TUOLUMNE BAND OF ME-WUK INDIANS. 
(a) FEDERAL LAND.—Subject to valid existing rights, all right, 
title, and interest (including improvements and appurtenances) of 
the United States in and to the Federal land described in subsection 
(b) shall be held in trust by the United States for the benefit 
of the Tuolumne Band of Me-Wuk Indians for nongaming purposes. 
(b) LAND DESCRIPTION.—The land taken into trust under sub-
section (a) is the approximately 80 acres of Federal land under 
the administrative jurisdiction of the United States Forest Service, 
located in Tuolumne County, California, and described as follows: 
(1) Southwest 1/4 of Southwest 1/4 of Section 2, Township 
1 North, Range 16 East. 
(2) Northeast 1/4 of Northwest 1/4 of Section 11, Township 
1 North, Range 16 East of the Mount Diablo Meridian. 
(c) GAMING.—Class II and class III gaming (as those terms 
are defined in section 4 of the Indian Gaming Regulatory Act 
(25 U.S.C. 2703)) shall not be permitted at any time on the land 
taken into trust under subsection (a). 
SEC. 3605. SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTA-
TION. 
(a) SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION.— 
The San Luis Rey Indian Water Rights Settlement Act (Public 
Law 100–675) is amended by inserting after section 111 the fol-
lowing: 
‘‘SEC. 112. IMPLEMENTATION OF SETTLEMENT. 
‘‘(a) FINDINGS.—Congress finds and recognizes as follows: 
‘‘(1) The City of Escondido, California, the Vista Irrigation 
District, the San Luis Rey River Indian Water Authority, and 
the Bands have approved an agreement, dated December 5, 
2014, resolving their disputes over the use of certain land 
and water rights in or near the San Luis Rey River watershed, 
the terms of which are consistent with this Act. 
‘‘(2) The Bands, the San Luis Rey River Indian Water 
Authority, the City of Escondido, California, the Vista Irrigation 
District, and the United States have approved a Settlement 
Agreement dated January 30, 2015 (hereafter in this section 
referred to as the ‘Settlement Agreement’) that conforms to 
the requirements of this Act. 
‘‘(b) APPROVAL AND RATIFICATION.—All provisions of the Settle-
ment Agreement, including the waivers and releases of the liability 
of the United States, the provisions regarding allottees, and the 
provision entitled ‘Effect of Settlement Agreement and Act,’ are 
hereby approved and ratified. 
‘‘(c) AUTHORIZATIONS.—The Secretary and the Attorney General 
are authorized to execute, on behalf of the United States, the 
Settlement Agreement and any amendments approved by the par-
ties as necessary to make the Settlement Agreement consistent 
with this Act. Such execution shall not constitute a major Federal 
action under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). The Secretary is further authorized and 
directed to take all steps that the Secretary may deem necessary 
or appropriate to implement the Settlement Agreement and this 
Act. 
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130 STAT. 1794 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(d) CONTINUED FEDERALLY RESERVED AND OTHER WATER 
RIGHTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, including any provisions in this Act, the Bands had, have, 
and continue to possess federally reserved rights and other 
water rights held in trust by the United States. 
‘‘(2) FUTURE PROCEEDINGS.—In any proceeding involving 
the assertion, enforcement, or defense of the rights described 
in this subsection, the United States, in its capacity as trustee 
for any Band, shall not be a required party and any decision 
by the United States regarding participation in any such pro-
ceeding shall not be subject to judicial review or give rise 
to any claim for relief against the United States. 
‘‘(e) ALLOTTEES.—Congress finds and confirms that the benefits 
to allottees in the Settlement Agreement, including the remedies 
and provisions requiring that any rights of allottees shall be satis-
fied from supplemental water and other water available to the 
Bands or the Indian Water Authority, are equitable and fully satisfy 
the water rights of the allottees. 
‘‘(f) NO PRECEDENT.—Nothing in this Act shall be construed 
or interpreted as a precedent for the litigation or settlement of 
Indian reserved water rights.’’. 
(b) DISBURSEMENT OF FUNDS.—The second sentence of section 
105(b)(1) of the San Luis Rey Indian Water Rights Settlement 
Act (Public Law 100–675) is amended by striking the period at 
the end, and inserting the following: ‘‘, provided that— 
‘‘(i) no more than $3,700,000 per year (in principal, 
interest or both) may be so allocated; and 
‘‘(ii) none of the funds made available by this sec-
tion shall be available unless the Director of the Office 
of Management and Budget first certifies in writing 
to the Committee on Natural Resources of the House 
of Representatives and the Committee on Indian 
Affairs of the Senate that the federal budget will record 
budgetary outlays from the San Luis Rey Tribal 
Development Fund of only the monies, not to exceed 
$3,700,000 annually, that the Secretary of the 
Treasury, pursuant to this section, allocates and makes 
available to the Indian Water Authority from the trust 
fund.’’. 
SEC. 3606. TULE RIVER INDIAN TRIBE. 
(a) IN GENERAL.—Subject to subsection (b), valid, existing 
rights, and management agreements related to easements and 
rights-of-way, all right, title, and interest (including improvements 
and appurtenances) of the United States in and to the approxi-
mately 34 acres of Federal lands generally depicted on the map 
titled ‘‘Proposed Lands to be Held in Trust for the Tule River 
Tribe’’ and dated May 14, 2015, are hereby held in trust by the 
United States for the benefit of the Tule River Indian Tribe. 
(b) EASEMENTS AND RIGHTS-OF-WAY.—For the purposes of sub-
section (a), valid, existing rights include any easement or right- 
of-way for which an application is pending with the Bureau of 
Land Management on the date of the enactment of this Act. If 
such application is denied upon final action, the valid, existing 
right related to the application shall cease to exist. 
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130 STAT. 1795 
PUBLIC LAW 114–322—DEC. 16, 2016 
(c) AVAILABILITY OF MAP.—The map referred to in subsection 
(a) shall be on file and available for public inspection at the office 
of the California State Director, Bureau of Land Management. 
(d) CONVERSION OF VALID, EXISTING RIGHTS.— 
(1) CONTINUITY OF USE.—Any person claiming in good faith 
to have valid, existing rights to lands taken into trust by 
this section may continue to exercise such rights to the same 
extent that the rights were exercised before the date of the 
enactment of this Act until the Secretary makes a determina-
tion on an application submitted under paragraph (2)(B) or 
the application is deemed to be granted under paragraph (3). 
(2) NOTICE
AND
APPLICATION.—Consistent with sections 
2800 through 2880 of title 43, Code of Federal Regulations, 
as soon as practicable after the date of the enactment of this 
Act, the Secretary of the Interior shall notify any person that 
claims to have valid, existing rights, such as a management 
agreement, easement, or other right-of-way, to lands taken 
into trust under subsection (a) that— 
(A) such lands have been taken into trust; and 
(B) the person claiming the valid, existing rights has 
60 days to submit an application to the Secretary 
requesting that the valid, existing rights be converted to 
a long-term easement or other right-of-way. 
(3) DETERMINATION.—The Secretary of the Interior shall 
grant or deny an application submitted under paragraph (2)(B) 
not later than 180 days after the application is submitted. 
Such a determination shall be considered a final action. If 
the Secretary does not make a determination within 180 days 
after the application is submitted, the application shall be 
deemed to be granted. 
(e) RESTRICTION ON GAMING.—Lands taken into trust pursuant 
to subsection (a) shall not be considered to have been taken into 
trust for, and shall not be eligible for, class II gaming or class 
III gaming (as those terms are defined in section 4 of the Indian 
Gaming Regulatory Act (25 U.S.C. 2703)). 
SEC. 3607. MORONGO BAND OF MISSION INDIANS. 
(a) DEFINITIONS.—For the purposes of this section, the following 
definitions apply: 
(1) BANNING.—The term ‘‘Banning’’ means the City of Ban-
ning, which is located in Riverside County, California adjacent 
to the Morongo Indian Reservation. 
(2) FIELDS.—The term ‘‘Fields’’ means Lloyd L. Fields, the 
owner of record of Parcel A. 
(3) MAP.—The term ‘‘map’’ means the map entitled 
‘Morongo Indian Reservation, County of Riverside, State of 
California Land Exchange Map’, and dated May 22, 2014, which 
is on file in the Bureau of Land Management State Office 
in Sacramento, California. 
(4) PARCEL A.—The term ‘‘Parcel A’’ means the approxi-
mately 41.15 acres designated on the map as ‘‘Fields lands’’. 
(5) PARCEL B.—The term ‘‘Parcel B’’ means the approxi-
mately 41.15 acres designated on the map as ‘‘Morongo lands’’. 
(6) PARCEL C.—The term ‘‘Parcel C’’ means the approxi-
mately 1.21 acres designated on the map as ‘‘Banning land’’. 
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130 STAT. 1796 
PUBLIC LAW 114–322—DEC. 16, 2016 
(7) PARCEL D.—The term ‘‘Parcel D’’ means the approxi-
mately 1.76 acres designated on the map as ‘‘Easement to 
Banning’’. 
(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(9) TRIBE.—The term ‘‘Tribe’’ means the Morongo Band 
of Mission Indians, a federally recognized Indian tribe. 
(b) TRANSFER OF LANDS; TRUST LANDS, EASEMENT.— 
(1) TRANSFER OF PARCEL A AND PARCEL B AND EASEMENT 
OVER PARCEL D.—Subject to any valid existing rights of any 
third parties and to legal review and approval of the form 
and content of any and all instruments of conveyance and 
policies of title insurance, upon receipt by the Secretary of 
confirmation that Fields has duly executed and deposited with 
a mutually acceptable and jointly instructed escrow holder in 
California a deed conveying clear and unencumbered title to 
Parcel A to the United States in trust for the exclusive use 
and benefit of the Tribe, and upon receipt by Fields of confirma-
tion that the Secretary has duly executed and deposited into 
escrow with the same mutually acceptable and jointly 
instructed escrow holder a patent conveying clear and 
unencumbered title in fee simple to Parcel B to Fields and 
has duly executed and deposited into escrow with the same 
mutually acceptable and jointly instructed escrow holder an 
easement to the City for a public right-of-way over Parcel 
D, the Secretary shall instruct the escrow holder to simulta-
neously cause— 
(A) the patent to Parcel B to be recorded and issued 
to Fields; 
(B) the easement over Parcel D to be recorded and 
issued to the City; and 
(C) the deed to Parcel A to be delivered to the Sec-
retary, who shall immediately cause said deed to be 
recorded and held in trust for the Tribe. 
(2) TRANSFER
OF
PARCEL
C.—After the simultaneous 
transfer of parcels A, B, and D under paragraph (1), upon 
receipt by the Secretary of confirmation that the City has 
vacated its interest in Parcel C pursuant to all applicable 
State and local laws, the Secretary shall immediately cause 
Parcel C to be held in trust for the Tribe subject to— 
(A) any valid existing rights of any third parties; and 
(B) legal review and approval of the form and content 
of any and all instruments of conveyance. 
SEC. 3608. CHOCTAW NATION OF OKLAHOMA AND THE CHICKASAW 
NATION WATER SETTLEMENT. 
(a) PURPOSES.—The purposes of this section are— 
(1) to permanently resolve and settle those claims to Settle-
ment Area Waters of the Choctaw Nation of Oklahoma and 
the Chickasaw Nation as set forth in the Settlement Agreement 
and this section, including all claims or defenses in and to 
Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11– 
927 (W.D. Ok.), OWRB v. United States, et al. CIV 12–275 
(W.D. Ok.), or any future stream adjudication; 
(2) to approve, ratify, and confirm the Settlement Agree-
ment; 
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130 STAT. 1797 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) to authorize and direct the Secretary of the Interior 
to execute the Settlement Agreement and to perform all obliga-
tions of the Secretary of the Interior under the Settlement 
Agreement and this section; 
(4) to approve, ratify, and confirm the amended storage 
contract among the State, the City and the Trust; 
(5) to authorize and direct the Secretary to approve the 
amended storage contract for the Corps of Engineers to perform 
all obligations under the 1974 storage contract, the amended 
storage contract, and this section; and 
(6) to authorize all actions necessary for the United States 
to meet its obligations under the Settlement Agreement, the 
amended storage contract, and this section. 
(b) DEFINITIONS.—In this section: 
(1) 1974 STORAGE CONTRACT.—The term ‘‘1974 storage con-
tract’’ means the contract approved by the Secretary on April 
9, 1974, between the Secretary and the Water Conservation 
Storage Commission of the State of Oklahoma pursuant to 
section 301 of the Water Supply Act of 1958, and other 
applicable Federal law. 
(2) 2010 AGREEMENT.—The term ‘‘2010 agreement’’ means 
the agreement entered into among the OWRB and the Trust, 
dated June 15, 2010, relating to the assignment by the State 
of the 1974 storage contract and transfer of rights, title, 
interests, and obligations under that contract to the Trust, 
including the interests of the State in the conservation storage 
capacity and associated repayment obligations to the United 
States. 
(3) ADMINISTRATIVE SET-ASIDE SUBCONTRACTS.—The term 
‘‘administrative set-aside subcontracts’’ means the subcontracts 
the City shall issue for the use of Conservation Storage Capacity 
in Sardis Lake as provided by section 4 of the amended storage 
contract. 
(4) ALLOTMENT.—The term ‘‘allotment’’ means the land 
within the Settlement Area held by an allottee subject to a 
statutory restriction on alienation or held by the United States 
in trust for the benefit of an allottee. 
(5) ALLOTTEE.—The term ‘‘allottee’’ means an enrolled 
member of the Choctaw Nation or citizen of the Chickasaw 
Nation who, or whose estate, holds an interest in an allotment. 
(6) AMENDED PERMIT APPLICATION.—The term ‘‘amended 
permit application’’ means the permit application of the City 
to the OWRB, No. 2007–17, as amended as provided by the 
Settlement Agreement. 
(7) AMENDED STORAGE CONTRACT TRANSFER AGREEMENT; 
AMENDED STORAGE CONTRACT.—The terms ‘‘amended storage 
contract transfer agreement’’ and ‘‘amended storage contract’’ 
mean the 2010 Agreement between the City, the Trust, and 
the OWRB, as amended, as provided by the Settlement Agree-
ment and this section. 
(8) ATOKA AND SARDIS CONSERVATION PROJECTS FUND.— 
The term ‘‘Atoka and Sardis Conservation Projects Fund’’ 
means the Atoka and Sardis Conservation Projects Fund estab-
lished, funded, and managed in accordance with the Settlement 
Agreement. 
(9) CITY.—The term ‘‘City’’ means the City of Oklahoma 
City, or the City and the Trust acting jointly, as applicable. 
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130 STAT. 1798 
PUBLIC LAW 114–322—DEC. 16, 2016 
(10) CITY
PERMIT.—The term ‘‘City permit’’ means any 
permit issued to the City by the OWRB pursuant to the 
amended permit application and consistent with the Settlement 
Agreement. 
(11) CONSERVATION
STORAGE
CAPACITY.—The term ‘‘con-
servation storage capacity’’ means the total storage space as 
stated in the 1974 storage contract in Sardis Lake between 
elevations 599.0 feet above mean sea level and 542.0 feet above 
mean sea level, which is estimated to contain 297,200 acre- 
feet of water after adjustment for sediment deposits, and which 
may be used for municipal and industrial water supply, fish 
and wildlife, and recreation. 
(12) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date on which the Secretary of the Interior publishes 
in the Federal Register a notice certifying that the conditions 
of subsection (i) have been satisfied. 
(13) FUTURE USE STORAGE.—The term ‘‘future use storage’’ 
means that portion of the conservation storage capacity that 
was designated by the 1974 Contract to be utilized for future 
water use storage and was estimated to contain 155,500 acre 
feet of water after adjustment for sediment deposits, or 52.322 
percent of the conservation storage capacity. 
(14) NATIONS.—The term ‘‘Nations’’ means, collectively, the 
Choctaw Nation of Oklahoma (‘‘Choctaw Nation’’) and the 
Chickasaw Nation. 
(15) OWRB.—The term ‘‘OWRB’’ means the Oklahoma 
Water Resources Board. 
(16) SARDIS
LAKE.—The term ‘‘Sardis Lake’’ means the 
reservoir, formerly known as Clayton Lake, whose dam is 
located in Section 19, Township 2 North, Range 19 East of 
the Indian Meridian, Pushmataha County, Oklahoma, the 
construction, operation, and maintenance of which was author-
ized by section 203 of the Flood Control Act of 1962 (Public 
Law 87–874; 76 Stat. 1187). 
(17) SETTLEMENT
AGREEMENT.—The term ‘‘Settlement 
Agreement’’ means the settlement agreement as approved by 
the Nations, the State, the City, and the Trust effective August 
22, 2016, as revised to conform with this section, as applicable. 
(18) SETTLEMENT
AREA.—The term ‘‘settlement area’’ 
means— 
(A) the area lying between— 
(i) the South Canadian River and Arkansas River 
to the north; 
(ii) the Oklahoma–Texas State line to the south; 
(iii) the Oklahoma–Arkansas State line to the east; 
and 
(iv) the 98th Meridian to the west; and 
(B) the area depicted in Exhibit 1 to the Settlement 
Agreement and generally including the following counties, 
or portions of, in the State: 
(i) Atoka. 
(ii) Bryan. 
(iii) Carter. 
(iv) Choctaw. 
(v) Coal. 
(vi) Garvin. 
(vii) Grady. 
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130 STAT. 1799 
PUBLIC LAW 114–322—DEC. 16, 2016 
(viii) McClain. 
(ix) Murray. 
(x) Haskell. 
(xi) Hughes. 
(xii) Jefferson. 
(xiii) Johnston. 
(xiv) Latimer. 
(xv) LeFlore. 
(xvi) Love. 
(xvii) Marshall. 
(xviii) McCurtain. 
(xix) Pittsburgh. 
(xx) Pontotoc. 
(xxi) Pushmataha. 
(xxii) Stephens. 
(19) SETTLEMENT
AREA
WATERS.—The term ‘‘settlement 
area waters’’ means the waters located— 
(A) within the settlement area; and 
(B) within a basin depicted in Exhibit 10 to the Settle-
ment Agreement, including any of the following basins 
as denominated in the 2012 Update of the Oklahoma Com-
prehensive Water Plan: 
(i) Beaver Creek (24, 25, and 26). 
(ii) Blue (11 and 12). 
(iii) Clear Boggy (9). 
(iv) Kiamichi (5 and 6). 
(v) Lower Arkansas (46 and 47). 
(vi) Lower Canadian (48, 56, 57, and 58). 
(vii) Lower Little (2). 
(viii) Lower Washita (14). 
(ix) Mountain Fork (4). 
(x) Middle Washita (15 and 16). 
(xi) Mud Creek (23). 
(xii) Muddy Boggy (7 and 8). 
(xiii) Poteau (44 and 45). 
(xiv) Red River Mainstem (1, 10, 13, and 21). 
(xv) Upper Little (3). 
(xvi) Walnut Bayou (22). 
(20) STATE.—The term ‘‘State’’ means the State of Okla-
homa. 
(21) TRUST.— 
(A) IN GENERAL.—The term ‘‘Trust’’ means the Okla-
homa City Water Utilities Trust, formerly known as the 
Oklahoma City Municipal Improvement Authority, a public 
trust established pursuant to State law with the City as 
the beneficiary. 
(B) REFERENCES.—A reference in this section to ‘‘Trust’’ 
refers to the Oklahoma City Water Utilities Trust, acting 
severally. 
(22) UNITED STATES.—The term ‘‘United States’’ means the 
United States of America acting in its capacity as trustee 
for the Nations, their respective members, citizens, and 
allottees, or as specifically stated or limited in any given ref-
erence herein, in which case it means the United States of 
America acting in the capacity as set forth in said reference. 
(c) APPROVAL OF THE SETTLEMENT AGREEMENT.— 
(1) RATIFICATION.— 
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130 STAT. 1800 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) IN GENERAL.—Except as modified by this section, 
and to the extent the Settlement Agreement does not con-
flict with this section, the Settlement Agreement is author-
ized, ratified, and confirmed. 
(B) AMENDMENTS.—If an amendment is executed to 
make the Settlement Agreement consistent with this sec-
tion, the amendment is also authorized, ratified and con-
firmed to the extent the amendment is consistent with 
this section. 
(2) EXECUTION OF SETTLEMENT AGREEMENT.— 
(A) IN GENERAL.—To the extent the Settlement Agree-
ment does not conflict with this section, the Secretary 
of the Interior shall promptly execute the Settlement Agree-
ment, including all exhibits to or parts of the Settlement 
Agreement requiring the signature of the Secretary of the 
Interior and any amendments necessary to make the Settle-
ment Agreement consistent with this section. 
(B) NOT A MAJOR FEDERAL ACTION.—Execution of the 
Settlement Agreement by the Secretary of the Interior 
under this subsection shall not constitute a major Federal 
action under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(d) APPROVAL OF THE AMENDED STORAGE CONTRACT AND 1974 
STORAGE CONTRACT.— 
(1) RATIFICATION.— 
(A) IN GENERAL.—Except to the extent any provision 
of the amended storage contract conflicts with any provision 
of this section, the amended storage contract is authorized, 
ratified, and confirmed. 
(B) 1974 STORAGE
CONTRACT.—To the extent the 
amended storage contract, as authorized, ratified, and con-
firmed, modifies or amends the 1974 storage contract, the 
modification or amendment to the 1974 storage contract 
is authorized, ratified, and confirmed. 
(C) AMENDMENTS.—To the extent an amendment is 
executed to make the amended storage contract consistent 
with this section, the amendment is authorized, ratified, 
and confirmed. 
(2) APPROVAL
BY
THE
SECRETARY.—After the State and 
the City execute the amended storage contract, the Secretary 
shall approve the amended storage contract. 
(3) MODIFICATION OF SEPTEMBER 11, 2009, ORDER IN UNITED 
STATES V. OKLAHOMA WATER RESOURCES BOARD, CIV 98–00521 
(N.D. OK).—The Secretary, through counsel, shall cooperate and 
work with the State to file any motion and proposed order 
to modify or amend the order of the United States District 
Court for the Northern District of Oklahoma dated September 
11, 2009, necessary to conform the order to the amended storage 
contract transfer agreement, the Settlement Agreement, and 
this section. 
(4) CONSERVATION STORAGE CAPACITY.—The allocation of 
the use of the conservation storage capacity in Sardis Lake 
for administrative set-aside subcontracts, City water supply, 
and fish and wildlife and recreation as provided by the amended 
storage contract is authorized, ratified and approved. 
(5) ACTIVATION; WAIVER.— 
(A) FINDINGS.—Congress finds that— 
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130 STAT. 1801 
PUBLIC LAW 114–322—DEC. 16, 2016 
(i) the earliest possible activation of any increment 
of future use storage in Sardis Lake will not occur 
until after 2050; and 
(ii) the obligation to make annual payments for 
the Sardis future use storage operation, maintenance 
and replacement costs, capital costs, or interest attrib-
utable to Sardis future use storage only arises if, and 
only to the extent, that an increment of Sardis future 
use storage is activated by withdrawal or release of 
water from the future use storage that is authorized 
by the user for a consumptive use of water. 
(B) WAIVER OF OBLIGATIONS FOR STORAGE THAT IS NOT 
ACTIVATED.—Notwithstanding section 301 of the Water 
Supply Act of 1958 (43 U.S.C. 390b), section 203 of the 
Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 
1187), the 1974 storage contract, or any other provision 
of law, effective as of January 1, 2050— 
(i) the entirety of any repayment obligations 
(including interest), relating to that portion of con-
servation storage capacity allocated by the 1974 storage 
contract to future use storage in Sardis Lake is waived 
and shall be considered nonreimbursable; and 
(ii) any obligation of the State and, on execution 
and approval of the amended storage contract, of the 
City and the Trust, under the 1974 storage contract 
regarding capital costs and any operation, mainte-
nance, and replacement costs and interest otherwise 
attributable to future use storage in Sardis Lake is 
waived and shall be nonreimbursable, if by January 
1, 2050, the right to future use storage is not activated 
by the withdrawal or release of water from future 
use storage for an authorized consumptive use of water. 
(6) CONSISTENT
WITH
AUTHORIZED
PURPOSES; NO
MAJOR 
OPERATIONAL CHANGE.— 
(A) CONSISTENT
WITH
AUTHORIZED
PURPOSE.—The 
amended storage contract, the approval of the Secretary 
of the amended storage contract, and the waiver of future 
use storage under paragraph (5)— 
(i) are deemed consistent with the authorized pur-
poses for Sardis Lake as described in section 203 of 
the Flood Control Act of 1962 (Public Law 87–874; 
76 Stat. 1187) and do not affect the authorized pur-
poses for which the project was authorized, surveyed, 
planned, and constructed; and 
(ii) shall not constitute a reallocation of storage. 
(B) NO MAJOR OPERATIONAL CHANGE.—The amended 
storage contract, the approval of the Secretary of the 
amended storage contract, and the waiver of future use 
storage under paragraph (5) shall not constitute a major 
operational change under section 301(e) of the Water 
Supply Act of 1958 (43 U.S.C. 390b(e)). 
(7) NO FURTHER AUTHORIZATION REQUIRED.—This section 
shall be considered sufficient and complete authorization, with-
out further study or analysis, for— 
(A) the Secretary to approve the amended storage con-
tract; and 
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130 STAT. 1802 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) after approval under subparagraph (A), the Corps 
of Engineers to manage storage in Sardis Lake pursuant 
to and in accordance with the 1974 storage contract, the 
amended storage contract, and the Settlement Agreement. 
(e) SETTLEMENT AREA WATERS.— 
(1) FINDINGS.—Congress finds that— 
(A) pursuant to the Atoka Agreement as ratified by 
section 29 of the Act of June 28, 1898 (30 Stat. 505, 
chapter 517) (as modified by the Act of July 1, 1902 (32 
Stat. 641, chapter 1362)), the Nations issued patents to 
their respective tribal members and citizens and thereby 
conveyed to individual Choctaws and Chickasaws, all right, 
title, and interest in and to land that was possessed by 
the Nations, other than certain mineral rights; and 
(B) when title passed from the Nations to their respec-
tive tribal members and citizens, the Nations did not convey 
and those individuals did not receive any right of regulatory 
or sovereign authority, including with respect to water. 
(2) PERMITTING, ALLOCATION, AND
ADMINISTRATION
OF 
SETTLEMENT
AREA
WATERS
PURSUANT
TO
THE
SETTLEMENT 
AGREEMENT.—Beginning on the enforceability date, settlement 
area waters shall be permitted, allocated, and administered 
by the OWRB in accordance with the Settlement Agreement 
and this section. 
(3) CHOCTAW NATION AND CHICKASAW NATION.—Beginning 
on the enforceability date, the Nations shall have the right 
to use and to develop the right to use settlement area waters 
only in accordance with the Settlement Agreement and this 
section. 
(4) WAIVER AND DELEGATION BY NATIONS.—In addition to 
the waivers under subsection (h), the Nations, on their own 
behalf, shall permanently delegate to the State any regulatory 
authority each Nation may possess over water rights on allot-
ments, which the State shall exercise in accordance with the 
Settlement Agreement and this subsection. 
(5) RIGHT TO USE WATER.— 
(A) IN GENERAL.—An allottee may use water on an 
allotment in accordance with the Settlement Agreement 
and this subsection. 
(B) SURFACE WATER USE.— 
(i) IN GENERAL.—An allottee may divert and use, 
on the allotment of the allottee, 6 acre-feet per year 
of surface water per 160 acres, to be used solely for 
domestic uses on an allotment that constitutes riparian 
land under applicable State law as of the date of enact-
ment of this Act. 
(ii) EFFECT
OF
STATE
LAW.—The use of surface 
water described in clause (i) shall be subject to all 
rights and protections of State law, as of the date 
of enactment of this Act, including all protections 
against loss for nonuse. 
(iii) NO PERMIT REQUIRED.—An allottee may divert 
water under this subsection without a permit or any 
other authorization from the OWRB. 
(C) GROUNDWATER USE.— 
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130 STAT. 1803 
PUBLIC LAW 114–322—DEC. 16, 2016 
(i) IN GENERAL.—An allottee may drill wells on 
the allotment of the allottee to take and use for 
domestic uses the greater of— 
(I) 5 acre-feet per year; or 
(II) any greater quantity allowed under State 
law. 
(ii) EFFECT OF STATE LAW.—The groundwater use 
described in clause (i) shall be subject to all rights 
and protections of State law, as of the date of enact-
ment of this Act, including all protections against loss 
for nonuse. 
(iii) NO PERMIT REQUIRED.—An allottee may drill 
wells and use water under this subsection without 
a permit or any other authorization from the OWRB. 
(D) FUTURE CHANGES IN STATE LAW.— 
(i) IN GENERAL.—If State law changes to limit use 
of water to a quantity that is less than the applicable 
quantity specified in subparagraph (B) or (C), as 
applicable, an allottee shall retain the right to use 
water in accord with those subparagraphs, subject to 
paragraphs (6)(B)(iv) and (7). 
(ii) OPPORTUNITY TO BE HEARD.—Prior to taking 
any action to limit the use of water by an individual, 
the OWRB shall provide to the individual an oppor-
tunity to demonstrate that the individual is— 
(I) an allottee; and 
(II) using water on the allotment pursuant 
to and in accordance with the Settlement Agree-
ment and this section. 
(6) ALLOTTEE OPTIONS FOR ADDITIONAL WATER.— 
(A) IN GENERAL.—To use a quantity of water in excess 
of the quantities provided under paragraph (5), an allottee 
shall— 
(i) file an action under subparagraph (B); or 
(ii) apply to the OWRB for a permit pursuant 
to, and in accordance with, State law. 
(B) DETERMINATION IN FEDERAL DISTRICT COURT.— 
(i) IN GENERAL.—In lieu of applying to the OWRB 
for a permit to use more water than is allowed under 
paragraph (5), an allottee may file an action in the 
United States District Court for the Western District 
of Oklahoma for determination of the right to water 
of the allottee. At least 90 days prior to filing such 
an action, the allottee shall provide written notice of 
the suit to the United States and the OWRB. For 
the United States, notice shall be provided to the Solici-
tor’s Office, Department of the Interior, Washington 
D.C., and to the Office of the Regional Director of 
the Muskogee Region, Bureau of Indian Affairs, 
Department of the Interior. 
(ii) JURISDICTION.—For purposes of this sub-
section— 
(I) the United States District Court for the 
Western District of Oklahoma shall have jurisdic-
tion; and 
(II) as part of the complaint, the allottee shall 
include certification of the pre-filing notice to the 
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130 STAT. 1804 
PUBLIC LAW 114–322—DEC. 16, 2016 
United States and OWRB required by subpara-
graph (B)(i). If such certification is not included 
with the complaint, the complaint will be deemed 
filed 90 days after such certification is complete 
and filed with the court. Within 60 days after 
the complaint is filed or deemed filed or within 
such extended time as the District Court in its 
discretion may permit, the United States may 
appear or intervene. After such appearance, inter-
vention or the expiration of the said 60 days or 
any extension thereof, the proceedings and judg-
ment in such action shall bind the United States 
and the parties thereto without regard to whether 
the United States elects to appear or intervene 
in such action. 
(iii) REQUIREMENTS.—An allottee filing an action 
pursuant to this subparagraph shall— 
(I) join the OWRB as a party; and 
(II) publish notice in a newspaper of general 
circulation within the Settlement Area Hydrologic 
Basin for 2 consecutive weeks, with the first 
publication appearing not later than 30 days after 
the date on which the action is filed. 
(iv) DETERMINATION FINAL.— 
(I) IN GENERAL.—Subject to subclause (II), if 
an allottee elects to have the rights of the allottee 
determined pursuant to this subparagraph, the 
determination shall be final as to any rights under 
Federal law and in lieu of any rights to use water 
on an allotment as provided in paragraph (5). 
(II) RESERVATION
OF
RIGHTS.—Subclause (I) 
shall not preclude an allottee from— 
(aa) applying to the OWRB for water 
rights pursuant to State law; or 
(bb) using any rights allowed by State 
law that do not require a permit from the 
OWRB. 
(7) OWRB ADMINISTRATION AND ENFORCEMENT.— 
(A) IN
GENERAL.—If an allottee exercises any right 
under paragraph (5) or has rights determined under para-
graph (6)(B), the OWRB shall have jurisdiction to admin-
ister those rights. 
(B) CHALLENGES.—An allottee may challenge OWRB 
administration of rights determined under this paragraph, 
in the United States District Court for the Western District 
of Oklahoma. 
(8) PRIOR EXISTING STATE LAW RIGHTS.—Water rights held 
by an allottee as of the enforceability date pursuant to a permit 
issued by the OWRB shall be governed by the terms of that 
permit and applicable State law (including regulations). 
(f) CITY PERMIT FOR APPROPRIATION OF STREAM WATER FROM 
THE KIAMICHI RIVER.—The City permit shall be processed, evalu-
ated, issued, and administered consistent with and in accordance 
with the Settlement Agreement and this section. 
(g) SETTLEMENT COMMISSION.— 
(1) ESTABLISHMENT.—There is established a Settlement 
Commission. 
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130 STAT. 1805 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) MEMBERS.— 
(A) IN
GENERAL.—The Settlement Commission shall 
be comprised of 5 members, appointed as follows: 
(i) 1 by the Governor of the State. 
(ii) 1 by the Attorney General of the State. 
(iii) 1 by the Chief of the Choctaw Nation. 
(iv) 1 by the Governor of the Chickasaw Nation. 
(v) 1 by agreement of the members described in 
clauses (i) through (iv). 
(B) JOINTLY
APPOINTED
MEMBER.—If the members 
described in clauses (i) through (iv) of subparagraph (A) 
do not agree on a member appointed pursuant to subpara-
graph (A)(v)— 
(i) the members shall submit to the Chief Judge 
for the United States District Court for the Eastern 
District of Oklahoma, a list of not less than 3 persons; 
and 
(ii) from the list under clause (i), the Chief Judge 
shall make the appointment. 
(C) INITIAL APPOINTMENTS.—The initial appointments 
to the Settlement Commission shall be made not later 
than 90 days after the enforceability date. 
(3) MEMBER TERMS.— 
(A) 
IN
GENERAL.—Each 
Settlement 
Commission 
member shall serve at the pleasure of appointing authority. 
(B) COMPENSATION.—A member of the Settlement 
Commission shall serve without compensation, but an 
appointing authority may reimburse the member appointed 
by the entity for costs associated with service on the Settle-
ment Commission. 
(C) VACANCIES.—If a member of the Settlement 
Commission is removed or resigns, the appointing authority 
shall appoint the replacement member. 
(D) JOINTLY APPOINTED MEMBER.—The member of the 
Settlement Commission described in paragraph (2)(A)(v) 
may be removed or replaced by a majority vote of the 
Settlement Commission based on a failure of the member 
to carry out the duties of the member. 
(4) DUTIES.—The duties and authority of the Settlement 
Commission shall be set forth in the Settlement Agreement, 
and the Settlement Commission shall not possess or exercise 
any duty or authority not stated in the Settlement Agreement. 
(h) WAIVERS AND RELEASES OF CLAIMS.— 
(1) CLAIMS BY THE NATIONS AND THE UNITED STATES AS 
TRUSTEE FOR THE NATIONS.—Subject to the retention of rights 
and claims provided in paragraph (3) and except to the extent 
that rights are recognized in the Settlement Agreement or 
this section, the Nations, each in its own right and on behalf 
of itself and its respective citizens and members (but not 
individuals in their capacities as allottees), and the United 
States, acting as a trustee for the Nations (but not individuals 
in their capacities as allottees), shall execute a waiver and 
release of— 
(A) all of the following claims asserted or which could 
have been asserted in any proceeding filed or that could 
have been filed during the period ending on the enforce-
ability date, including Chickasaw Nation, Choctaw Nation 
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130 STAT. 1806 
PUBLIC LAW 114–322—DEC. 16, 2016 
v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. United 
States, et al. CIV 12–275 (W.D. Ok.), or any general stream 
adjudication, relating to— 
(i) claims to the ownership of water in the State; 
(ii) claims to water rights and rights to use water 
diverted or taken from a location within the State; 
(iii) claims to authority over the allocation and 
management of water and administration of water 
rights, including authority over third-party ownership 
of or rights to use water diverted or taken from a 
location within the State and ownership or use of water 
on allotments by allottees or any other person using 
water on an allotment with the permission of an 
allottee; 
(iv) claims that the State lacks authority over the 
allocation and management of water and administra-
tion of water rights, including authority over the 
ownership of or rights to use water diverted or taken 
from a location within the State; 
(v) any other claim relating to the ownership of 
water, regulation of water, or authorized diversion, 
storage, or use of water diverted or taken from a loca-
tion within the State, which claim is based on the 
status of the Chickasaw Nation’s or the Choctaw 
Nation’s unique sovereign status and rights as defined 
by Federal law and alleged to arise from treaties to 
which they are signatories, including but not limited 
to the Treaty of Dancing Rabbit Creek, Act of Sept. 
30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of 
Jan. 17, 1837, 11 Stat. 573, and the related March 
23, 1842, patent to the Choctaw Nation; and 
(vi) claims or defenses asserted or which could 
have been asserted in Chickasaw Nation, Choctaw 
Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB 
v. United States, et al. CIV 12–275 (W.D. Ok.), or 
any general stream adjudication; 
(B) all claims for damages, losses or injuries to water 
rights or water, or claims of interference with, diversion, 
storage, taking, or use of water (including claims for injury 
to land resulting from the damages, losses, injuries, inter-
ference with, diversion, storage, taking, or use of water) 
attributable to any action by the State, the OWRB, or 
any water user authorized pursuant to State law to take 
or use water in the State, including the City, that accrued 
during the period ending on the enforceability date; 
(C) all claims and objections relating to the amended 
permit application, and the City permit, including— 
(i) all claims regarding regulatory control over or 
OWRB jurisdiction relating to the permit application 
and permit; and 
(ii) all claims for damages, losses or injuries to 
water rights or rights to use water, or claims of inter-
ference with, diversion, storage, taking, or use of water 
(including claims for injury to land resulting from the 
damages, losses, injuries, interference with, diversion, 
storage, taking, or use of water) attributable to the 
issuance and lawful exercise of the City permit; 
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130 STAT. 1807 
PUBLIC LAW 114–322—DEC. 16, 2016 
(D) all claims to regulatory control over the Permit 
Numbers P80–48 and 54–613 of the City for water rights 
from the Muddy Boggy River for Atoka Reservoir and P73– 
282D for water rights from the Muddy Boggy River, 
including McGee Creek, for the McGee Creek Reservoir; 
(E) all claims that the State lacks regulatory authority 
over or OWRB jurisdiction relating to Permit Numbers 
P80–48 and 54–613 for water rights from the Muddy Boggy 
River for Atoka Reservoir and P73–282D for water rights 
from the Muddy Boggy River, including McGee Creek, for 
the McGee Creek Reservoir; 
(F) all claims to damages, losses or injuries to water 
rights or water, or claims of interference with, diversion, 
storage, taking, or use of water (including claims for injury 
to land resulting from such damages, losses, injuries, inter-
ference with, diversion, storage, taking, or use of water) 
attributable to the lawful exercise of Permit Numbers P80– 
48 and 54–613 for water rights from the Muddy Boggy 
River for Atoka Reservoir and P73–282D for water rights 
from the Muddy Boggy River, including McGee Creek, for 
the McGee Creek Reservoir, that accrued during the period 
ending on the enforceability date; 
(G) all claims and objections relating to the approval 
by the Secretary of the assignment of the 1974 storage 
contract pursuant to the amended storage contract; and 
(H) all claims for damages, losses, or injuries to water 
rights or water, or claims of interference with, diversion, 
storage, taking, or use of water (including claims for injury 
to land resulting from such damages, losses, injuries, inter-
ference with, diversion, storage, taking, or use of water) 
attributable to the lawful exercise of rights pursuant to 
the amended storage contract. 
(2) WAIVERS AND RELEASES OF CLAIMS BY THE NATIONS 
AGAINST THE UNITED STATES.—Subject to the retention of rights 
and claims provided in paragraph (3) and except to the extent 
that rights are recognized in the Settlement Agreement or 
this section, the Nations are authorized to execute a waiver 
and release of all claims against the United States (including 
any agency or employee of the United States) relating to— 
(A) all of the following claims asserted or which could 
have been asserted in any proceeding filed or that could 
have been filed by the United States as a trustee during 
the period ending on the enforceability date, including 
Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 
11–927 (W.D. Ok.) or OWRB v. United States, et al. CIV 
12–275 (W.D. Ok.), or any general stream adjudication, 
relating to— 
(i) claims to the ownership of water in the State; 
(ii) claims to water rights and rights to use water 
diverted or taken from a location within the State; 
(iii) claims to authority over the allocation and 
management of water and administration of water 
rights, including authority over third-party ownership 
of or rights to use water diverted or taken from a 
location within the State and ownership or use of water 
on allotments by allottees or any other person using 
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130 STAT. 1808 
PUBLIC LAW 114–322—DEC. 16, 2016 
water on an allotment with the permission of an 
allottee; 
(iv) claims that the State lacks authority over the 
allocation and management of water and administra-
tion of water rights, including authority over the 
ownership of or rights to use water diverted or taken 
from a location within the State; 
(v) any other claim relating to the ownership of 
water, regulation of water, or authorized diversion, 
storage, or use of water diverted or taken from a loca-
tion within the State, which claim is based on the 
status of the Chickasaw Nation’s or the Choctaw 
Nation’s unique sovereign status and rights as defined 
by Federal law and alleged to arise from treaties to 
which they are signatories, including but not limited 
to the Treaty of Dancing Rabbit Creek, Act of Sept. 
30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of 
Jan. 17, 1837, 11 Stat. 573, and the related March 
23, 1842, patent to the Choctaw Nation; and 
(vi) claims or defenses asserted or which could 
have been asserted in Chickasaw Nation, Choctaw 
Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB 
v. United States, et al. CIV 12–275 (W.D. Ok.), or 
any general stream adjudication; 
(B) all claims for damages, losses or injuries to water 
rights or water, or claims of interference with, diversion, 
storage, taking, or use of water (including claims for injury 
to land resulting from the damages, losses, injuries, inter-
ference with, diversion, storage, taking, or use of water) 
attributable to any action by the State, the OWRB, or 
any water user authorized pursuant to State law to take 
or use water in the State, including the City, that accrued 
during the period ending on the enforceability date; 
(C) all claims and objections relating to the amended 
permit application, and the City permit, including— 
(i) all claims regarding regulatory control over or 
OWRB jurisdiction relating to the permit application 
and permit; and 
(ii) all claims for damages, losses or injuries to 
water rights or rights to use water, or claims of inter-
ference with, diversion, storage, taking, or use of water 
(including claims for injury to land resulting from the 
damages, losses, injuries, interference with, diversion, 
storage, taking, or use of water) attributable to the 
issuance and lawful exercise of the City permit; 
(D) all claims to regulatory control over the Permit 
Numbers P80–48 and 54–613 for water rights from the 
Muddy Boggy River for Atoka Reservoir and P73–282D 
for water rights from the Muddy Boggy River, including 
McGee Creek, for the McGee Creek Reservoir; 
(E) all claims that the State lacks regulatory authority 
over or OWRB jurisdiction relating to Permit Numbers 
P80–48 and 54–613 for water rights from the Muddy Boggy 
River for Atoka Reservoir and P73–282D for water rights 
from the Muddy Boggy River, including McGee Creek, for 
the McGee Creek Reservoir; 
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130 STAT. 1809 
PUBLIC LAW 114–322—DEC. 16, 2016 
(F) all claims to damages, losses or injuries to water 
rights or water, or claims of interference with, diversion, 
storage, taking, or use of water (including claims for injury 
to land resulting from the damages, losses, injuries, inter-
ference with, diversion, storage, taking, or use of water) 
attributable to the lawful exercise of Permit Numbers P80– 
48 and 54–613 for water rights from the Muddy Boggy 
River for Atoka Reservoir and P73–282D for water rights 
from the Muddy Boggy River, including McGee Creek, for 
the McGee Creek Reservoir, that accrued during the period 
ending on the enforceability date; 
(G) all claims and objections relating to the approval 
by the Secretary of the assignment of the 1974 storage 
contract pursuant to the amended storage contract; 
(H) all claims relating to litigation brought by the 
United States prior to the enforceability date of the water 
rights of the Nations in the State; and 
(I) all claims relating to the negotiation, execution, 
or adoption of the Settlement Agreement (including 
exhibits) or this section. 
(3) RETENTION AND RESERVATION OF CLAIMS BY NATIONS 
AND THE UNITED STATES.— 
(A) IN
GENERAL.—Notwithstanding the waiver and 
releases of claims authorized under paragraphs (1) and 
(2), the Nations and the United States, acting as trustee, 
shall retain— 
(i) all claims for enforcement of the Settlement 
Agreement and this section; 
(ii) all rights to use and protect any water right 
of the Nations recognized by or established pursuant 
to the Settlement Agreement, including the right to 
assert claims for injuries relating to the rights and 
the right to participate in any general stream adjudica-
tion, including any inter se proceeding; 
(iii) all claims under— 
(I) 
the 
Comprehensive 
Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.), including for damages 
to natural resources; 
(II) the Safe Drinking Water Act (42 U.S.C. 
300f et seq.); 
(III) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); and 
(IV) any regulations implementing the Acts 
described in items (I) through (III); 
(iv) all claims relating to damage, loss, or injury 
resulting from an unauthorized diversion, use, or stor-
age of water, including damages, losses, or injuries 
to land or nonwater natural resources associated with 
any hunting, fishing, gathering, or cultural right; and 
(v) all rights, remedies, privileges, immunities, and 
powers not specifically waived and released pursuant 
to this section or the Settlement Agreement. 
(B) AGREEMENT.— 
(i) IN GENERAL.—As provided in the Settlement 
Agreement, the Chickasaw Nation shall convey an 
easement to the City, which easement shall be as 
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130 STAT. 1810 
PUBLIC LAW 114–322—DEC. 16, 2016 
described and depicted in Exhibit 15 to the Settlement 
Agreement. 
(ii) APPLICATION.—The Chickasaw Nation and the 
City shall cooperate and coordinate on the submission 
of an application for approval by the Secretary of the 
Interior of the conveyance under clause (i), in accord-
ance with applicable Federal law. 
(iii) RECORDING.—On approval by the Secretary 
of the Interior of the conveyance of the easement under 
this clause, the City shall record the easement. 
(iv) CONSIDERATION.—In exchange for conveyance 
of the easement under clause (i), the City shall pay 
to the Chickasaw Nation the value of past unauthor-
ized use and consideration for future use of the land 
burdened by the easement, based on an appraisal 
secured by the City and Nations and approved by 
the Secretary of the Interior. 
(4) EFFECTIVE
DATE
OF
WAIVER
AND
RELEASES.—The 
waivers and releases under this subsection take effect on the 
enforceability date. 
(5) TOLLING OF CLAIMS.—Each applicable period of limita-
tion and time-based equitable defense relating to a claim 
described in this subsection shall be tolled during the period 
beginning on the date of enactment of this Act and ending 
on the earlier of the enforceability date or the expiration date 
under subsection (i)(2). 
(i) ENFORCEABILITY DATE.— 
(1) IN
GENERAL.—The Settlement Agreement shall take 
effect and be enforceable on the date on which the Secretary 
of the Interior publishes in the Federal Register a certification 
that— 
(A) to the extent the Settlement Agreement conflicts 
with this section, the Settlement Agreement has been 
amended to conform with this section; 
(B) the Settlement Agreement, as amended, has been 
executed by the Secretary of the Interior, the Nations, 
the Governor of the State, the OWRB, the City, and the 
Trust; 
(C) to the extent the amended storage contract conflicts 
with this section, the amended storage contract has been 
amended to conform with this section; 
(D) the amended storage contract, as amended to con-
form with this section, has been— 
(i) executed by the State, the City, and the Trust; 
and 
(ii) approved by the Secretary; 
(E) an order has been entered in United States v. 
Oklahoma Water Resources Board, Civ. 98–C–521–E with 
any modifications to the order dated September 11, 2009, 
as provided in the Settlement Agreement; 
(F) orders of dismissal have been entered in Chickasaw 
Nation, Choctaw Nation v. Fallin et al., Civ 11–297 (W.D. 
Ok.) and OWRB v. United States, et al. Civ 12–275 (W.D. 
Ok.) as provided in the Settlement Agreement; 
(G) the OWRB has issued the City Permit; 
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130 STAT. 1811 
PUBLIC LAW 114–322—DEC. 16, 2016 
(H) the final documentation of the Kiamichi Basin 
hydrologic model is on file at the Oklahoma City offices 
of the OWRB; and 
(I) the Atoka and Sardis Conservation Projects Fund 
has been funded as provided in the Settlement Agreement. 
(2) EXPIRATION DATE.—If the Secretary of the Interior fails 
to publish a statement of findings under paragraph (1) by 
not later than September 30, 2020, or such alternative later 
date as is agreed to by the Secretary of the Interior, the 
Nations, the State, the City, and the Trust under paragraph 
(4), the following shall apply: 
(A) This section, except for this subsection and any 
provisions of this section that are necessary to carry out 
this subsection (but only for purposes of carrying out this 
subsection) are not effective beginning on September 30, 
2020, or the alternative date. 
(B) The waivers and release of claims, and the limited 
waivers of sovereign immunity, shall not become effective. 
(C) The Settlement Agreement shall be null and void, 
except for this paragraph and any provisions of the Settle-
ment Agreement that are necessary to carry out this para-
graph. 
(D) Except with respect to this paragraph, the State, 
the Nations, the City, the Trust, and the United States 
shall not be bound by any obligations or benefit from any 
rights recognized under the Settlement Agreement. 
(E) If the City permit has been issued, the permit 
shall be null and void, except that the City may resubmit 
to the OWRB, and the OWRB shall be considered to have 
accepted, OWRB permit application No. 2007–017 without 
having waived the original application priority date and 
appropriative quantities. 
(F) If the amended storage contract has been executed 
or approved, the contract shall be null and void, and the 
2010 agreement shall be considered to be in force and 
effect as between the State and the Trust. 
(G) If the Atoka and Sardis Conservation Projects Fund 
has been established and funded, the funds shall be 
returned to the respective funding parties with any accrued 
interest. 
(3) NO PREJUDICE.—The occurrence of the expiration date 
under paragraph (2) shall not in any way prejudice— 
(A) any argument or suit that the Nations may bring 
to contest— 
(i) the pursuit by the City of OWRB permit applica-
tion No. 2007–017, or a modified version; or 
(ii) the 2010 agreement; 
(B) any argument, defense, or suit the State may bring 
or assert with regard to the claims of the Nations to water 
or over water in the settlement area; or 
(C) any argument, defense or suit the City may bring 
or assert— 
(i) with regard to the claims of the Nations to 
water or over water in the settlement area relating 
to OWRB permit application No. 2007–017, or a modi-
fied version; or 
(ii) to contest the 2010 agreement. 
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130 STAT. 1812 
PUBLIC LAW 114–322—DEC. 16, 2016 
(4) EXTENSION.—The expiration date under paragraph (2) 
may be extended in writing if the Nations, the State, the 
OWRB, the United States, and the City agree that an extension 
is warranted. 
(j) JURISDICTION, WAIVERS OF IMMUNITY FOR INTERPRETATION 
AND ENFORCEMENT.— 
(1) JURISDICTION.— 
(A) IN GENERAL.— 
(i) EXCLUSIVE JURISDICTION.—The United States 
District Court for the Western District of Oklahoma 
shall have exclusive jurisdiction for all purposes and 
for all causes of action relating to the interpretation 
and enforcement of the Settlement Agreement, the 
amended storage contract, or interpretation or enforce-
ment of this section, including all actions filed by an 
allottee pursuant to subsection (e)(6)(B). 
(ii) RIGHT TO BRING ACTION.—The Choctaw Nation, 
the Chickasaw Nation, the State, the City, the Trust, 
and the United States shall each have the right to 
bring an action pursuant to this section. 
(iii) NO ACTION IN OTHER COURTS.—No action may 
be brought in any other Federal, Tribal, or State court 
or administrative forum for any purpose relating to 
the Settlement Agreement, amended storage contract, 
or this section. 
(iv) NO
MONETARY
JUDGMENT.—Nothing in this 
section authorizes any money judgment or otherwise 
allows the payment of funds by the United States, 
the Nations, the State (including the OWRB), the City, 
or the Trust. 
(B) NOTICE AND CONFERENCE.—An entity seeking to 
interpret or enforce the Settlement Agreement shall comply 
with the following: 
(i) Any party asserting noncompliance or seeking 
interpretation of the Settlement Agreement or this sec-
tion shall first serve written notice on the party alleged 
to be in breach of the Settlement Agreement or viola-
tion of this section. 
(ii) The notice under clause (i) shall identify the 
specific provision of the Settlement Agreement or this 
section alleged to have been violated or in dispute 
and shall specify in detail the contention of the party 
asserting the claim and any factual basis for the claim. 
(iii) Representatives of the party alleging a breach 
or violation and the party alleged to be in breach 
or violation shall meet not later than 30 days after 
receipt of notice under clause (i) in an effort to resolve 
the dispute. 
(iv) If the matter is not resolved to the satisfaction 
of the party alleging breach not later than 90 days 
after the original notice under clause (i), the party 
may take any appropriate enforcement action con-
sistent with the Settlement Agreement and this sub-
section. 
(2) LIMITED WAIVERS OF SOVEREIGN IMMUNITY.— 
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130 STAT. 1813 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) IN GENERAL.—The United States and the Nations 
may be joined in an action filed in the United States 
District Court for the Western District of Oklahoma. 
(B) UNITED
STATES
IMMUNITY.—Any claim by the 
United States to sovereign immunity from suit is irrev-
ocably waived for any action brought by the State, the 
Chickasaw Nation, the Choctaw Nation, the City, or the 
Trust in the Western District of Oklahoma relating to 
interpretation or enforcement of the Settlement Agreement 
or this section, including of the appellate jurisdiction of 
the United States Court of Appeals for the Tenth Circuit 
and the Supreme Court of the United States. 
(C) CHICKASAW NATION IMMUNITY.—For the exclusive 
benefit of the State (including the OWRB), the City, the 
Trust, the Choctaw Nation, and the United States, the 
sovereign immunity of the Chickasaw Nation from suit 
is waived solely for any action brought in the Western 
District of Oklahoma relating to interpretation or enforce-
ment of the Settlement Agreement or this section, if the 
action is brought by the State or the OWRB, the City, 
the Trust, the Choctaw Nation, or the United States, 
including the appellate jurisdiction of the United States 
Court of Appeals for the Tenth Circuit and the Supreme 
Court of the United States. 
(D) CHOCTAW
NATION
IMMUNITY.—For the exclusive 
benefit of the State (including of the OWRB), the City, 
the Trust, the Chickasaw Nation, and the United States, 
the Choctaw Nation shall expressly and irrevocably consent 
to a suit and waive sovereign immunity from a suit solely 
for any action brought in the Western District of Oklahoma 
relating to interpretation or enforcement of the Settlement 
Agreement or this section, if the action is brought by the 
State, the OWRB, the City, the Trust, the Chickasaw 
Nation, or the United States, including the appellate juris-
diction of the United States Court of Appeals for the Tenth 
Circuit and the Supreme Court of the United States. 
(k) DISCLAIMER.— 
(1) IN GENERAL.—The Settlement Agreement applies only 
to the claims and rights of the Nations. 
(2) NO PRECEDENT.—Nothing in this section or the Settle-
ment Agreement shall be construed in any way to quantify, 
establish, or serve as precedent regarding the land and water 
rights, claims, or entitlements to water of any American Indian 
Tribe other than the Nations, including any other American 
Indian Tribe in the State. 
(3) LIMITATION.—Nothing in the Settlement Agreement— 
(A) affects the ability of the United States, acting as 
sovereign, to take actions authorized by law, including 
any laws related to health, safety, or the environment, 
including— 
(i) the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.); 
(ii) the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.); 
(iii) the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.); and 
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130 STAT. 1814 
PUBLIC LAW 114–322—DEC. 16, 2016 
(iv) any regulations implementing the Acts 
described in this section; 
(B) affects the ability of the United States to raise 
defenses based on 43 U.S.C. 666(a); and 
(C) affects any rights, claims, or defenses the United 
States may have with respect to the use of water on Federal 
lands in the Settlement Area that are not trust lands 
or Allotments. 
Subtitle G—Blackfeet Water Rights 
Settlement 
SEC. 3701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Blackfeet Water Rights 
Settlement Act’’. 
SEC. 3702. PURPOSES. 
The purposes of this subtitle are— 
(1) to achieve a fair, equitable, and final settlement of 
claims to water rights in the State of Montana for— 
(A) the Blackfeet Tribe of the Blackfeet Indian Reserva-
tion; and 
(B) the United States, for the benefit of the Tribe 
and allottees; 
(2) to authorize, ratify, and confirm the water rights com-
pact entered into by the Tribe and the State, to the extent 
that the Compact is consistent with this subtitle; 
(3) to authorize and direct the Secretary of the Interior— 
(A) to execute the Compact; and 
(B) to take any other action necessary to carry out 
the Compact in accordance with this subtitle; and 
(4) to authorize funds necessary for the implementation 
of the Compact and this subtitle. 
SEC. 3703. DEFINITIONS. 
In this subtitle: 
(1) ALLOTTEE.—The term ‘‘allottee’’ means any individual 
who holds a beneficial real property interest in an allotment 
of Indian land that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
(2) BIRCH
CREEK
AGREEMENT.—The term ‘‘Birch Creek 
Agreement’’ means— 
(A) the agreement between the Tribe and the State 
regarding Birch Creek water use dated January 31, 2008 
(as amended on February 13, 2009); and 
(B) any amendment or exhibit (including exhibit 
amendments) to that agreement that is executed in accord-
ance with this subtitle. 
(3) BLACKFEET IRRIGATION PROJECT.—The term ‘‘Blackfeet 
Irrigation Project’’ means the irrigation project authorized by 
the matter under the heading ‘‘Montana’’ of title II of the 
Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and adminis-
tered by the Bureau of Indian Affairs. 
(4) COMPACT.—The term ‘‘Compact’’ means— 
Blackfeet 
Water Rights 
Settlement Act. 
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130 STAT. 1815 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) the Blackfeet-Montana water rights compact dated 
April 15, 2009, as contained in section 85–20–1501 of the 
Montana Code Annotated (2015); and 
(B) any amendment or exhibit (including exhibit 
amendments) to the Compact that is executed to make 
the Compact consistent with this subtitle. 
(5) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’ 
means the date described in section 3720(f). 
(6) LAKE
ELWELL.—The term ‘‘Lake Elwell’’ means the 
water impounded on the Marias River in the State by Tiber 
Dam, a feature of the Lower Marias Unit of the Pick-Sloan 
Missouri River Basin Program authorized by section 9 of the 
Act of December 22, 1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’) (58 Stat. 891, chapter 665). 
(7) MILK RIVER BASIN.—The term ‘‘Milk River Basin’’ means 
the North Fork, Middle Fork, South Fork, and main stem 
of the Milk River and tributaries, from the headwaters to 
the confluence with the Missouri River. 
(8) MILK RIVER PROJECT.— 
(A) IN GENERAL.—The term ‘‘Milk River Project’’ means 
the Bureau of Reclamation project conditionally approved 
by the Secretary on March 14, 1903, pursuant to the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093), commencing 
at Lake Sherburne Reservoir and providing water to a 
point approximately 6 miles east of Nashua, Montana. 
(B) INCLUSIONS.—The term ‘‘Milk River Project’’ 
includes— 
(i) the St. Mary Unit; 
(ii) the Fresno Dam and Reservoir; and 
(iii) the Dodson pumping unit. 
(9) MILK RIVER PROJECT WATER RIGHTS.—The term ‘‘Milk 
River Project water rights’’ means the water rights held by 
the Bureau of Reclamation on behalf of the Milk River Project, 
as finally adjudicated by the Montana Water Court. 
(10) MILK
RIVER
WATER
RIGHT.—The term ‘‘Milk River 
water right’’ means the portion of the Tribal water rights 
described in article III.F of the Compact and this subtitle. 
(11) MISSOURI
RIVER
BASIN.—The term ‘‘Missouri River 
Basin’’ means the hydrologic basin of the Missouri River 
(including tributaries). 
(12) MR&I SYSTEM.—The term ‘‘MR&I System’’ means the 
intake, treatment, pumping, storage, pipelines, appurtenant 
items, and any other feature of the system, as generally 
described in the document entitled ‘‘Blackfeet Regional Water 
System’’, prepared by DOWL HKM, and dated June 2010, and 
modified by DOWL HKM, as set out in the addendum to 
the report dated March 2013. 
(13) OM&R.—The term ‘‘OM&R’’ means— 
(A) any recurring or ongoing activity associated with 
the day-to-day operation of a project; 
(B) any activity relating to scheduled or unscheduled 
maintenance of a project; and 
(C) any activity relating to replacing a feature of a 
project. 
(14) RESERVATION.—The term ‘‘Reservation’’ means the 
Blackfeet Indian Reservation of Montana, as— 
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130 STAT. 1816 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) established by the Treaty of October 17, 1855 (11 
Stat. 657); and 
(B) modified by— 
(i) the Executive order of July 5, 1873 (relating 
to the Blackfeet Reserve); 
(ii) the Act of April 15, 1874 (18 Stat. 28, chapter 
96); 
(iii) the Executive order of August 19, 1874 
(relating to the Blackfeet Reserve); 
(iv) the Executive order of April 13, 1875 (relating 
to the Blackfeet Reserve); 
(v) the Executive order of July 13, 1880 (relating 
to the Blackfeet Reserve); 
(vi) the Agreement with the Blackfeet, ratified by 
the Act of May 1, 1888 (25 Stat. 113, chapter 213); 
and 
(vii) the Agreement with the Blackfeet, ratified 
by the Act of June 10, 1896 (29 Stat. 353, chapter 
398). 
(15) ST. MARY RIVER WATER RIGHT.—The term ‘‘St. Mary 
River water right’’ means that portion of the Tribal water 
rights described in article III.G.1.a.i. of the Compact and this 
subtitle. 
(16) ST. MARY UNIT.— 
(A) IN GENERAL.—The term ‘‘St. Mary Unit’’ means 
the St. Mary Storage Unit of the Milk River Project author-
ized by Congress on March 25, 1905. 
(B) INCLUSIONS.—The term ‘‘St. Mary Unit’’ includes— 
(i) Sherburne Dam and Reservoir; 
(ii) Swift Current Creek Dike; 
(iii) Lower St. Mary Lake; 
(iv) St. Mary Canal Diversion Dam; and 
(v) St. Mary Canal and appurtenances. 
(17) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior. 
(18) STATE.—The term ‘‘State’’ means the State of Montana. 
(19) SWIFTCURRENT CREEK BANK STABILIZATION PROJECT.— 
The term ‘‘Swiftcurrent Creek Bank Stabilization Project’’ 
means the project to mitigate the physical and environmental 
problems associated with the St. Mary Unit from Sherburne 
Dam to the St. Mary River, as described in the report entitled 
‘‘Boulder/Swiftcurrent Creek Stabilization Project, Phase II 
Investigations Report’’, prepared by DOWL HKM, and dated 
March 2012. 
(20) TRIBAL WATER RIGHTS.—The term ‘‘Tribal water rights’’ 
means the water rights of the Tribe described in article III 
of the Compact and this subtitle, including— 
(A) the Lake Elwell allocation provided to the Tribe 
under section 3709; and 
(B) the instream flow water rights described in section 
3719. 
(21) TRIBE.—The term ‘‘Tribe’’ means the Blackfeet Tribe 
of the Blackfeet Indian Reservation of Montana. 
SEC. 3704. RATIFICATION OF COMPACT. 
(a) RATIFICATION.— 
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130 STAT. 1817 
PUBLIC LAW 114–322—DEC. 16, 2016 
(1) IN GENERAL.—As modified by this subtitle, the Compact 
is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—Any amendment to the Compact is 
authorized, ratified, and confirmed, to the extent that such 
amendment is executed to make the Compact consistent with 
this subtitle. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent that the Compact does 
not conflict with this subtitle, the Secretary shall execute the 
Compact, including all exhibits to, or parts of, the Compact 
requiring the signature of the Secretary. 
(2) MODIFICATIONS.—Nothing in this subtitle precludes the 
Secretary from approving any modification to an appendix or 
exhibit to the Compact that is consistent with this subtitle, 
to the extent that the modification does not otherwise require 
congressional approval under section 2116 of the Revised Stat-
utes (25 U.S.C. 177) or any other applicable provision of Federal 
law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) IN GENERAL.—In implementing the Compact and this 
subtitle, the Secretary shall comply with all applicable provi-
sions of— 
(A) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(B) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
(C) all other applicable environmental laws and regula-
tions. 
(2) EFFECT OF EXECUTION.— 
(A) IN GENERAL.—The execution of the Compact by 
the Secretary under this section shall not constitute a 
major Federal action for purposes of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) COMPLIANCE.—The Secretary shall carry out all 
Federal compliance activities necessary to implement the 
Compact and this subtitle. 
SEC. 3705. MILK RIVER WATER RIGHT. 
(a) IN GENERAL.—With respect to the Milk River water right, 
the Tribe— 
(1) may continue the historical uses and the uses in exist-
ence on the date of enactment of this Act; and 
(2) except as provided in article III.F.1.d of the Compact, 
shall not develop new uses until the date on which— 
(A) the Tribe has entered into the agreement described 
in subsection (c); or 
(B) the Secretary has established the terms and condi-
tions described in subsection (e). 
(b) WATER RIGHTS ARISING UNDER STATE LAW.—With respect 
to any water rights arising under State law in the Milk River 
Basin owned or acquired by the Tribe, the Tribe— 
(1) may continue any use in existence on the date of enact-
ment of this Act; and 
(2) shall not change any use until the date on which— 
(A) the Tribe has entered into the agreement described 
in subsection (c); or 
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130 STAT. 1818 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) the Secretary has established the terms and condi-
tions described in subsection (e). 
(c) TRIBAL AGREEMENT.— 
(1) IN GENERAL.—In consultation with the Commissioner 
of Reclamation and the Director of the Bureau of Indian Affairs, 
the Tribe and the Fort Belknap Indian Community shall enter 
into an agreement to provide for the exercise of their respective 
water rights on the respective reservations of the Tribe and 
the Fort Belknap Indian Community in the Milk River. 
(2) CONSIDERATIONS.—The agreement entered into under 
paragraph (1) shall take into consideration— 
(A) the equal priority dates of the 2 Indian tribes; 
(B) the water supplies of the Milk River; and 
(C) historical, current, and future uses identified by 
each Indian tribe. 
(d) SECRETARIAL DETERMINATION.— 
(1) IN GENERAL.—Not later than 120 days after the date 
on which the agreement described in subsection (c) is submitted 
to the Secretary, the Secretary shall review and approve or 
disapprove the agreement. 
(2) APPROVAL.—The Secretary shall approve the agreement 
if the Secretary finds that the agreement— 
(A) equitably accommodates the interests of each 
Indian tribe in the Milk River; 
(B) adequately considers the factors described in sub-
section (c)(2); and 
(C) is otherwise in accordance with applicable law. 
(3) DEADLINE
EXTENSION.—The deadline to review the 
agreement described in paragraph (1) may be extended by 
the Secretary after consultation with the Tribe and the Fort 
Belknap Indian Community. 
(e) SECRETARIAL DECISION.— 
(1) IN GENERAL.—If the Tribe and the Fort Belknap Indian 
Community do not, by 3 years after the Secretary certifies 
under section 3720(f)(5) that the Tribal membership has 
approved the Compact and this subtitle, enter into an agree-
ment approved under subsection d(2), the Secretary, in the 
Secretary’s sole discretion, shall establish, after consultation 
with the Tribe and the Fort Belknap Indian Community, terms 
and conditions that reflect the considerations described in sub-
section (c)(2) by which the respective water rights of the Tribe 
and the Fort Belknap Indian Community in the Milk River 
may be exercised. 
(2) 
CONSIDERATION
AS
FINAL
AGENCY
ACTION.—The 
establishment by the Secretary of terms and conditions under 
paragraph (1) shall be considered to be a final agency action 
for purposes of review under chapter 7 of title 5, United States 
Code. 
(3) JUDICIAL REVIEW.—An action for judicial review pursu-
ant to this section shall be brought by not later than the 
date that is 1 year after the date of notification of the establish-
ment of the terms and conditions under this subsection. 
(4) INCORPORATION INTO DECREES.—The agreement under 
subsection (c), or the decision of the Secretary under this sub-
section, shall be filed with the Montana Water Court, or the 
district court with jurisdiction, for incorporation into the final 
decrees of the Tribe and the Fort Belknap Indian Community. 
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130 STAT. 1819 
PUBLIC LAW 114–322—DEC. 16, 2016 
(5) EFFECTIVE DATE.—The agreement under subsection (c) 
and a decision of the Secretary under this subsection— 
(A) shall be effective immediately; and 
(B) may not be modified absent— 
(i) the approval of the Secretary; and 
(ii) the consent of the Tribe and the Fort Belknap 
Indian Community. 
(f) USE OF FUNDS.—The Secretary shall distribute equally the 
funds made available under section 3718(a)(2)(C)(ii) to the Tribe 
and the Fort Belknap Indian Community to use to reach an agree-
ment under this section, including for technical analyses and legal 
and other related efforts. 
SEC. 3706. WATER DELIVERY THROUGH MILK RIVER PROJECT. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Secretary, acting through the Commissioner of Reclamation, 
shall carry out the activities authorized under this section with 
respect to the St. Mary River water right. 
(b) TREATMENT.—Notwithstanding article IV.D.4 of the Com-
pact, any responsibility of the United States with respect to the 
St. Mary River water right shall be limited to, and fulfilled pursuant 
to— 
(1) subsection (c) of this section; and 
(2) subsection (b)(3) of section 3716 and subsection (a)(1)(C) 
of section 3718. 
(c) WATER DELIVERY CONTRACT.— 
(1) IN GENERAL.—Not later than 180 days after the enforce-
ability date, the Secretary shall enter into a water delivery 
contract with the Tribe for the delivery of not greater than 
5,000 acre-feet per year of the St. Mary River water right 
through Milk River Project facilities to the Tribe or another 
entity specified by the Tribe. 
(2) TERMS AND CONDITIONS.—The contract under paragraph 
(1) shall establish the terms and conditions for the water deliv-
eries described in paragraph (1) in accordance with the Compact 
and this subtitle. 
(3) REQUIREMENTS.—The water delivery contract under 
paragraph (1) shall include provisions requiring that— 
(A) the contract shall be without limit as to term; 
(B) the Tribe, and not the United States, shall collect, 
and shall be entitled to, all consideration due to the Tribe 
under any lease, contract, or agreement entered into by 
the Tribe pursuant to subsection (f); 
(C) the United States shall have no obligation to mon-
itor, administer, or account for— 
(i) any funds received by the Tribe as consideration 
under any lease, contract, or agreement entered into 
by the Tribe pursuant to subsection (f); or 
(ii) the expenditure of such funds; 
(D) if water deliveries under the contract are inter-
rupted for an extended period of time because of damage 
to, or a reduction in the capacity of, St. Mary Unit facilities, 
the rights of the Tribe shall be treated in the same manner 
as the rights of other contractors receiving water deliveries 
through the Milk River Project with respect to the water 
delivered under this section; 
(E) deliveries of water under this section shall be— 
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130 STAT. 1820 
PUBLIC LAW 114–322—DEC. 16, 2016 
(i) limited to not greater than 5,000 acre-feet of 
water in any 1 year; 
(ii) consistent with operations of the Milk River 
Project and without additional costs to the Bureau 
of Reclamation, including OM&R costs; and 
(iii) without additional cost to the Milk River 
Project water users; and 
(F) the Tribe shall be required to pay OM&R for water 
delivered under this section. 
(d) SHORTAGE SHARING OR REDUCTION.— 
(1) IN GENERAL.—The 5,000 acre-feet per year of water 
delivered under paragraph (3)(E)(i) of subsection (c) shall not 
be subject to shortage sharing or reduction, except as provided 
in paragraph (3)(D) of that subsection. 
(2) NO INJURY TO MILK RIVER PROJECT WATER USERS.— 
Notwithstanding article IV.D.4 of the Compact, any reduction 
in the Milk River Project water supply caused by the delivery 
of water under subsection (c) shall not constitute injury to 
Milk River Project water users. 
(e) SUBSEQUENT CONTRACTS.— 
(1) IN
GENERAL.—As part of the studies authorized by 
section 3707(c)(1), the Secretary, acting through the Commis-
sioner of Reclamation, and in cooperation with the Tribe, shall 
identify alternatives to provide to the Tribe water from the 
St. Mary River water right in quantities greater than the 
5,000 acre-feet per year of water described in subsection 
(c)(3)(E)(i). 
(2) CONTRACT FOR WATER DELIVERY.—If the Secretary deter-
mines under paragraph (1) that more than 5,000 acre-feet 
per year of the St. Mary River water right can be delivered 
to the Tribe, the Secretary shall offer to enter into 1 or more 
contracts with the Tribe for the delivery of that water, subject 
to the requirements of subsection (c)(3) (except subsection 
(c)(3)(E)(i)) and this subsection. 
(3) TREATMENT.—Any delivery of water under this sub-
section shall be subject to reduction in the same manner as 
for Milk River Project contract holders. 
(f) SUBCONTRACTS.— 
(1) IN GENERAL.—The Tribe may enter into any subcontract 
for the delivery of water under this section to a third party, 
in accordance with section 3715(e). 
(2) COMPLIANCE
WITH
OTHER
LAW.—All subcontracts 
described in paragraph (1) shall comply with— 
(A) this subtitle; 
(B) the Compact; 
(C) the tribal water code; and 
(D) other applicable law. 
(3) NO
LIABILITY.—The Secretary shall not be liable to 
any party, including the Tribe, for any term of, or any loss 
or other detriment resulting from, a lease, contract, or other 
agreement entered into pursuant to this subsection. 
(g) EFFECT OF PROVISIONS.—Nothing in this section— 
(1) precludes the Tribe from taking the water described 
in subsection (c)(3)(E)(i), or any additional water provided under 
subsection (e), from the direct flow of the St. Mary River; 
or 
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130 STAT. 1821 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) modifies the quantity of the Tribal water rights 
described in article III.G.1. of the Compact. 
(h) OTHER
RIGHTS.—Notwithstanding the requirements of 
article III.G.1.d of the Compact, after satisfaction of all water rights 
under State law for use of St. Mary River water, including the 
Milk River Project water rights, the Tribe shall have the right 
to the remaining portion of the share of the United States in 
the St. Mary River under the International Boundary Waters Treaty 
of 1909 (36 Stat. 2448) for any tribally authorized use or need 
consistent with this subtitle. 
SEC. 3707. BUREAU OF RECLAMATION ACTIVITIES TO IMPROVE WATER 
MANAGEMENT. 
(a) MILK RIVER PROJECT PURPOSES.—The purposes of the Milk 
River Project shall include— 
(1) irrigation; 
(2) flood control; 
(3) the protection of fish and wildlife; 
(4) recreation; 
(5) the provision of municipal, rural, and industrial water 
supply; and 
(6) hydroelectric power generation. 
(b) USE OF MILK RIVER PROJECT FACILITIES FOR THE BENEFIT 
OF TRIBE.—The use of Milk River Project facilities to transport 
water for the Tribe pursuant to subsections (c) and (e) of section 
3706, together with any use by the Tribe of that water in accordance 
with this subtitle— 
(1) shall be considered to be an authorized purpose of 
the Milk River Project; and 
(2) shall not change the priority date of any Tribal water 
rights. 
(c) ST. MARY RIVER STUDIES.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary, in cooperation with the Tribe and the 
State, shall conduct— 
(A) an appraisal study— 
(i) to develop a plan for the management and 
development of water supplies in the St. Mary River 
Basin and Milk River Basin, including the St. Mary 
River and Milk River water supplies for the Tribe 
and the Milk River water supplies for the Fort Belknap 
Indian Community; and 
(ii) to identify alternatives to develop additional 
water of the St. Mary River for the Tribe; and 
(B) a feasibility study— 
(i) using the information resulting from the 
appraisal study conducted under subparagraph (A) and 
such other information as is relevant, to evaluate the 
feasibility of— 
(I) alternatives for the rehabilitation of the 
St. Mary Diversion Dam and Canal; and 
(II) increased storage in Fresno Dam and Res-
ervoir; and 
(ii) to create a cost allocation study that is based 
on the authorized purposes described in subsections 
(a) and (b). 
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130 STAT. 1822 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) COOPERATIVE AGREEMENT.—On request of the Tribe, 
the Secretary shall enter into a cooperative agreement with 
the Tribe with respect to the portion of the appraisal study 
described in paragraph (1)(A). 
(3) COSTS
NONREIMBURSABLE.—The cost of the studies 
under this subsection shall not be— 
(A) considered to be a cost of the Milk River Project; 
or 
(B) reimbursable in accordance with the reclamation 
laws. 
(d) SWIFTCURRENT CREEK BANK STABILIZATION.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary, acting through the Commissioner of Rec-
lamation, shall carry out appropriate activities concerning the 
Swiftcurrent Creek Bank Stabilization Project, including— 
(A) a review of the final project design; and 
(B) value engineering analyses. 
(2) MODIFICATION OF FINAL DESIGN.—Prior to beginning 
construction activities for the Swiftcurrent Creek Bank Sta-
bilization Project, on the basis of the review conducted under 
paragraph (1), the Secretary shall negotiate with the Tribe 
appropriate changes, if any, to the final design— 
(A) to ensure compliance with applicable industry 
standards; 
(B) to improve the cost-effectiveness of the Swiftcurrent 
Creek Bank Stabilization Project; and 
(C) to ensure that the Swiftcurrent Creek Bank Sta-
bilization Project may be constructed using only the 
amounts made available under section 3718. 
(3) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 
and in accordance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.), the Secretary 
shall enter into 1 or more agreements with the Tribe to carry 
out the Swiftcurrent Bank Stabilization Project. 
(e) ADMINISTRATION.—The Commissioner of Reclamation and 
the Tribe shall negotiate the cost of any oversight activity carried 
out by the Bureau of Reclamation under any agreement entered 
into under this section, subject to the condition that the total 
cost for the oversight shall not exceed 4 percent of the total costs 
incurred under this section. 
(f) MILK RIVER PROJECT RIGHTS-OF-WAY AND EASEMENTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
Tribe shall grant the United States a right-of-way on Reserva-
tion land owned by the Tribe for all uses by the Milk River 
Project (permissive or otherwise) in existence as of December 
31, 2015, including all facilities, flowage easements, and access 
easements necessary for the operation and maintenance of the 
Milk River Project. 
(2) AGREEMENT REGARDING EXISTING USES.—The Tribe and 
the Secretary shall enter into an agreement for a process to 
determine the location, nature, and extent of the existing uses 
referenced in this subsection. The agreement shall require 
that— 
(A) a panel of three individuals determine the location, 
nature, and extent of existing uses necessary for the oper-
ation and maintenance of the Milk River Project (the ‘‘Panel 
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130 STAT. 1823 
PUBLIC LAW 114–322—DEC. 16, 2016 
Determination’’), with the Tribe appointing one representa-
tive of the Tribe, the Secretary appointing one representa-
tive of the Secretary, and those two representatives jointly 
appointing a third individual; 
(B) if the Panel Determination is unanimous, the Tribe 
grant a right-of-way to the United States for the existing 
uses identified in the Panel Determination in accordance 
with applicable law without additional compensation; 
(C) if the Panel Determination is not unanimous— 
(i) the Secretary adopt the Panel Determination 
with any amendments the Secretary reasonably deter-
mines necessary to correct any clear error (the ‘‘Interior 
Determination’’), provided that if any portion of the 
Panel Determination is unanimous, the Secretary will 
not amend that portion; and 
(ii) the Tribe grant a right-of-way to the United 
States for the existing uses identified in the Interior 
Determination in accordance with applicable law with-
out additional compensation, with the agreement pro-
viding for the timing of the grant to take into consider-
ation the possibility of review under paragraph (5). 
(3) EFFECT.—Determinations made under this subsection— 
(A) do not address title as between the United States 
and the Tribe; and 
(B) do not apply to any new use of Reservation land 
by the United States for the Milk River Project after 
December 31, 2015. 
(4) INTERIOR DETERMINATION AS FINAL AGENCY ACTION.— 
Any determination by the Secretary under paragraph (2)(C) 
shall be considered to be a final agency action for purposes 
of review under chapter 7 of title 5, United States Code. 
(5) JUDICIAL REVIEW.—An action for judicial review pursu-
ant to this section shall be brought by not later than the 
date that is 1 year after the date of notification of the Interior 
Determination. 
(g) FUNDING.—The total amount of obligations incurred by the 
Secretary, prior to any adjustment provided for in section 3718, 
shall not exceed— 
(1) $3,800,000 to carry out subsection (c); 
(2) $20,700,000 to carry out subsection (d); and 
(3) $3,100,000 to carry out subsection (f). 
SEC. 3708. ST. MARY CANAL HYDROELECTRIC POWER GENERATION. 
(a) BUREAU OF RECLAMATION JURISDICTION.—Effective begin-
ning on the date of enactment of this Act, the Commissioner of 
Reclamation shall have exclusive jurisdiction to authorize the 
development of hydropower on the St. Mary Unit. 
(b) RIGHTS OF TRIBE.— 
(1) EXCLUSIVE RIGHT OF TRIBE.—Subject to paragraph (2) 
and notwithstanding any other provision of law, the Tribe 
shall have the exclusive right to develop and market hydro-
electric power of the St. Mary Unit. 
(2) LIMITATIONS.—The exclusive right described in para-
graph (1)— 
(A) shall expire on the date that is 15 years after 
the date of enactment of an Act appropriating funds for 
rehabilitation of the St. Mary Unit; but 
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130 STAT. 1824 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) may be extended by the Secretary at the request 
of the Tribe. 
(3) OM&R COSTS.—Effective beginning on the date that 
is 10 years after the date on which the Tribe begins marketing 
hydroelectric power generated from the St. Mary Unit to any 
third party, the Tribe shall make annual payments for OM&R 
costs attributable to the direct use of any facilities by the 
Tribe for hydroelectric power generation, in amounts deter-
mined in accordance with the guidelines and methods of the 
Bureau of Reclamation for assessing OM&R charges. 
(c) BUREAU
OF RECLAMATION COOPERATION.—The Commis-
sioner of Reclamation shall cooperate with the Tribe in the develop-
ment of any hydroelectric power generation project under this sec-
tion. 
(d) AGREEMENT.—Before construction of a hydroelectric power 
generation project under this section, the Tribe shall enter into 
an agreement with the Commissioner of Reclamation that includes 
provisions— 
(1) requiring that— 
(A) the design, construction, and operation of the 
project shall be consistent with the Bureau of Reclamation 
guidelines and methods for hydroelectric power develop-
ment at Bureau facilities, as appropriate; and 
(B) the hydroelectric power generation project will not 
impair the efficiencies of the Milk River Project for author-
ized purposes; 
(2) regarding construction and operating criteria and emer-
gency procedures; and 
(3) under which any modification proposed by the Tribe 
to a facility owned by the Bureau of Reclamation shall be 
subject to review and approval by the Secretary, acting through 
the Commissioner of Reclamation. 
(e) USE
OF HYDROELECTRIC POWER
BY TRIBE.—Any hydro-
electric power generated in accordance with this section shall be 
used or marketed by the Tribe. 
(f) REVENUES.—The Tribe shall collect and retain any revenues 
from the sale of hydroelectric power generated by a project under 
this section. 
(g) LIABILITY OF UNITED STATES.—The United States shall have 
no obligation to monitor, administer, or account for— 
(1) any revenues received by the Tribe under this section; 
or 
(2) the expenditure of those revenues. 
(h) PREFERENCE.—During any period for which the exclusive 
right of the Tribe described in subsection (b)(1) is not in effect, 
the Tribe shall have a preference to develop hydropower on the 
St. Mary Unit facilities, in accordance with Bureau of Reclamation 
guidelines and methods for hydroelectric power development at 
Bureau facilities. 
SEC. 3709. STORAGE ALLOCATION FROM LAKE ELWELL. 
(a)(1) STORAGE ALLOCATION
TO TRIBE.—The Secretary shall 
allocate to the Tribe 45,000 acre-feet per year of water stored 
in Lake Elwell for use by the Tribe for any beneficial purpose 
on or off the Reservation, under a water right held by the United 
States and managed by the Bureau of Reclamation, as measured 
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130 STAT. 1825 
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at the outlet works of Tiber Dam or through direct pumping from 
Lake Elwell. 
(2) REDUCTION.—Up to 10,000 acre-feet per year of water allo-
cated to the Tribe pursuant to paragraph (1) will be subject to 
an acre-foot for acre-foot reduction if depletions from the Tribal 
water rights above Lake Elwell exceed 88,000 acre-feet per year 
of water because of New Development (as defined in article II.37 
of the Compact). 
(b) TREATMENT.— 
(1) IN GENERAL.—The allocation to the Tribe under sub-
section (a) shall be considered to be part of the Tribal water 
rights. 
(2) PRIORITY DATE.—The priority date of the allocation to 
the Tribe under subsection (a) shall be the priority date of 
the Lake Elwell water right held by the Bureau of Reclamation. 
(3) ADMINISTRATION.—The Tribe shall administer the water 
allocated under subsection (a) in accordance with the Compact 
and this subtitle. 
(c) ALLOCATION AGREEMENT.— 
(1) IN GENERAL.—As a condition of receiving an allocation 
under this section, the Tribe shall enter into an agreement 
with the Secretary to establish the terms and conditions of 
the allocation, in accordance with the Compact and this subtitle. 
(2) INCLUSIONS.—The agreement under paragraph (1) shall 
include provisions establishing that— 
(A) the agreement shall be without limit as to term; 
(B) the Tribe, and not the United States, shall be 
entitled to all consideration due to the Tribe under any 
lease, contract, or agreement entered into by the Tribe 
pursuant to subsection (d); 
(C) the United States shall have no obligation to mon-
itor, administer, or account for— 
(i) any funds received by the Tribe as consideration 
under any lease, contract, or agreement entered into 
by the Tribe pursuant to subsection (d); or 
(ii) the expenditure of those funds; 
(D) if the capacity or function of Lake Elwell facilities 
are significantly reduced, or are anticipated to be signifi-
cantly reduced, for an extended period of time, the Tribe 
shall have the same rights as other storage contractors 
with respect to the allocation under this section; 
(E) the costs associated with the construction of the 
storage facilities at Tiber Dam allocable to the Tribe shall 
be nonreimbursable; 
(F) no water service capital charge shall be due or 
payable for any water allocated to the Tribe pursuant to 
this section or the allocation agreement, regardless of 
whether that water is delivered for use by the Tribe or 
under a lease, contract, or by agreement entered into by 
the Tribe pursuant to subsection (d); 
(G) the Tribe shall not be required to make payments 
to the United States for any water allocated to the Tribe 
under this subtitle or the allocation agreement, except for 
each acre-foot of stored water leased or transferred for 
industrial purposes as described in subparagraph (H); 
(H) for each acre-foot of stored water leased or trans-
ferred by the Tribe for industrial purposes— 
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130 STAT. 1826 
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(i) the Tribe shall pay annually to the United 
States an amount necessary to cover the proportional 
share of the annual OM&R costs allocable to the 
quantity of water leased or transferred by the Tribe 
for industrial purposes; and 
(ii) the annual payments of the Tribe shall be 
reviewed and adjusted, as appropriate, to reflect the 
actual OM&R costs for Tiber Dam; and 
(I) the adjustment process identified in subsection 
(a)(2) will be based on specific enumerated provisions. 
(d) AGREEMENTS BY TRIBE.—The Tribe may use, lease, contract, 
exchange, or enter into other agreements for use of the water 
allocated to the Tribe under subsection (a), if— 
(1) the use of water that is the subject of such an agreement 
occurs within the Missouri River Basin; and 
(2) the agreement does not permanently alienate any por-
tion of the water allocated to the Tribe under subsection (a). 
(e) EFFECTIVE DATE.—The allocation under subsection (a) takes 
effect on the enforceability date. 
(f) NO CARRYOVER STORAGE.—The allocation under subsection 
(a) shall not be increased by any year-to-year carryover storage. 
(g) DEVELOPMENT AND DELIVERY COSTS.—The United States 
shall not be required to pay the cost of developing or delivering 
any water allocated under this section. 
SEC. 3710. IRRIGATION ACTIVITIES. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Secretary, acting through the Commissioner of Reclamation 
and in accordance with subsection (c), shall carry out the following 
actions relating to the Blackfeet Irrigation Project: 
(1) Deferred maintenance. 
(2) Dam safety improvements for Four Horns Dam. 
(3) Rehabilitation and enhancement of the Four Horns 
Feeder Canal, Dam, and Reservoir. 
(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 
as the lead agency with respect to any activities carried out under 
this section. 
(c) SCOPE OF DEFERRED MAINTENANCE ACTIVITIES AND FOUR 
HORNS DAM SAFETY IMPROVEMENTS.— 
(1) IN GENERAL.—Subject to the conditions described in 
paragraph (2), the scope of the deferred maintenance activities 
and Four Horns Dam safety improvements shall be as generally 
described in— 
(A) the document entitled ‘‘Engineering Evaluation and 
Condition Assessment, Blackfeet Irrigation Project’’, pre-
pared by DOWL HKM, and dated August 2007; and 
(B) the provisions relating to Four Horns Rehabilitated 
Dam of the document entitled ‘‘Four Horns Dam Enlarged 
Appraisal Evaluation Design Report’’, prepared by DOWL 
HKM, and dated April 2007. 
(2) CONDITIONS.—The conditions referred to in paragraph 
(1) are that, before commencing construction activities, the 
Secretary shall— 
(A) review the design of the proposed rehabilitation 
or improvement; 
(B) perform value engineering analyses; 
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130 STAT. 1827 
PUBLIC LAW 114–322—DEC. 16, 2016 
(C) perform appropriate Federal environmental compli-
ance activities; and 
(D) ensure that the deferred maintenance activities 
and dam safety improvements may be constructed using 
only the amounts made available under section 3718. 
(d) SCOPE
OF REHABILITATION
AND ENHANCEMENT
OF FOUR 
HORNS FEEDER CANAL, DAM, AND RESERVOIR.— 
(1) IN
GENERAL.—The scope of the rehabilitation and 
improvements shall be as generally described in the document 
entitled ‘‘Four Horns Feeder Canal Rehabilitation with Export’’, 
prepared by DOWL HKM, and dated April 2013, subject to 
the condition that, before commencing construction activities, 
the Secretary shall— 
(A) review the design of the proposed rehabilitation 
or improvement; 
(B) perform value engineering analyses; 
(C) perform appropriate Federal environmental compli-
ance activities; and 
(D) ensure that the rehabilitation and improvements 
may be constructed using only the amounts made available 
under section 3718. 
(2) INCLUSIONS.—The activities carried out by the Secretary 
under this subsection shall include— 
(A) the rehabilitation or improvement of the Four 
Horns feeder canal system to a capacity of not fewer than 
360 cubic feet per second; 
(B) the rehabilitation or improvement of the outlet 
works of Four Horns Dam and Reservoir to deliver not 
less than 15,000 acre-feet of water per year, in accordance 
with subparagraph (C); and 
(C) construction of facilities to deliver not less than 
15,000 acre-feet of water per year from Four Horns Dam 
and Reservoir, to a point on or near Birch Creek to be 
designated by the Tribe and the State for delivery of water 
to the water delivery system of the Pondera County Canal 
and Reservoir Company on Birch Creek, in accordance 
with the Birch Creek Agreement. 
(3) NEGOTIATION WITH TRIBE.—On the basis of the review 
described in paragraph (1)(A), the Secretary shall negotiate 
with the Tribe appropriate changes to the final design of any 
activity under this subsection to ensure that the final design 
meets applicable industry standards. 
(e) FUNDING.—The total amount of obligations incurred by the 
Secretary in carrying out this section, prior to any adjustment 
provided for in section 3718, shall not exceed $54,900,000, of 
which— 
(1) $40,900,000 shall be allocated to carry out the activities 
described in subsection (c); and 
(2) $14,000,000 shall be allocated to carry out the activities 
described in subsection (d)(2). 
(f) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(g) NON-FEDERAL CONTRIBUTION.—No part of the project under 
subsection (d) shall be commenced until the State has made avail-
able $20,000,000 to carry out the activities described in subsection 
(d)(2). 
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130 STAT. 1828 
PUBLIC LAW 114–322—DEC. 16, 2016 
(h) ADMINISTRATION.—The Commissioner of Reclamation and 
the Tribe shall negotiate the cost of any oversight activity carried 
out by the Bureau of Reclamation under any agreement entered 
into under subsection (m), subject to the condition that the total 
cost for the oversight shall not exceed 4 percent of the total project 
costs for each project. 
(i) PROJECT EFFICIENCIES.—If the total cost of planning, design, 
and construction activities relating to the projects described in 
this section results in cost savings and is less than the amounts 
authorized to be obligated, the Secretary, at the request of the 
Tribe, may— 
(1) use those cost savings to carry out a project described 
in section 3707(d), 3711, 3712, or 3713; or 
(2) deposit those cost savings to the Blackfeet OM&R Trust 
Account. 
(j) OWNERSHIP BY TRIBE OF BIRCH CREEK DELIVERY FACILI-
TIES.—Notwithstanding any other provision of law, the Secretary 
shall transfer to the Tribe, at no cost, title in and to the facilities 
constructed under subsection (d)(2)(C). 
(k) OWNERSHIP, OPERATION, AND MAINTENANCE.—On transfer 
to the Tribe of title under subsection (j), the Tribe shall— 
(1) be responsible for OM&R in accordance with the Birch 
Creek Agreement; and 
(2) enter into an agreement with the Bureau of Indian 
Affairs regarding the operation of the facilities described in 
that subsection. 
(l) LIABILITY OF UNITED STATES.—The United States shall have 
no obligation or responsibility with respect the facilities described 
in subsection (d)(2)(C). 
(m) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 
and in accordance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall 
enter into 1 or more agreements with the Tribe to carry out this 
section. 
(n) EFFECT.—Nothing in this section— 
(1) alters any applicable law (including regulations) under 
which the Bureau of Indian Affairs collects assessments or 
carries out Blackfeet Irrigation Project OM&R; or 
(2) impacts the availability of amounts made available 
under subsection (a)(1)(B) of section 3718. 
SEC. 3711. DESIGN AND CONSTRUCTION OF MR&I SYSTEM. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Secretary, acting through the Commissioner of Reclamation, 
shall plan, design, and construct the water diversion and delivery 
features of the MR&I System in accordance with 1 or more agree-
ments between the Secretary and the Tribe. 
(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 
as the lead agency with respect to any activity to design and 
construct the water diversion and delivery features of the MR&I 
System. 
(c) SCOPE.— 
(1) IN GENERAL.—The scope of the design and construction 
under this section shall be as generally described in the docu-
ment entitled ‘‘Blackfeet Regional Water System’’, prepared 
by DOWL HKM, dated June 2010, and modified by DOWL 
HKM in the addendum to the report dated March 2013, subject 
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130 STAT. 1829 
PUBLIC LAW 114–322—DEC. 16, 2016 
to the condition that, before commencing final design and 
construction activities, the Secretary shall— 
(A) review the design of the proposed rehabilitation 
and construction; 
(B) perform value engineering analyses; and 
(C) perform appropriate Federal compliance activities. 
(2) NEGOTIATION WITH TRIBE.—On the basis of the review 
described in paragraph (1)(A), the Secretary shall negotiate 
with the Tribe appropriate changes, if any, to the final design— 
(A) to ensure that the final design meets applicable 
industry standards; 
(B) to improve the cost-effectiveness of the delivery 
of MR&I System water; and 
(C) to ensure that the MR&I System may be con-
structed using only the amounts made available under 
section 3718. 
(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(e) FUNDING.—The total amount of obligations incurred by the 
Secretary in carrying out this section, prior to any adjustment 
provided for in section 3718, shall not exceed $76,200,000. 
(f) NON-FEDERAL CONTRIBUTION.— 
(1) CONSULTATION.—Before completion of the final design 
of the MR&I System required by subsection (c), the Secretary 
shall consult with the Tribe, the State, and other affected 
non-Federal parties to discuss the possibility of receiving non- 
Federal contributions for the cost of the MR&I System. 
(2) NEGOTIATIONS.—If, based on the extent to which non- 
Federal parties are expected to use the MR&I System, a non- 
Federal contribution to the MR&I System is determined by 
the parties described in paragraph (1) to be appropriate, the 
Secretary shall initiate negotiations for an agreement regarding 
the means by which the contributions shall be provided. 
(g) OWNERSHIP BY TRIBE.—Title to the MR&I System and all 
facilities rehabilitated or constructed under this section shall be 
held by the Tribe. 
(h) ADMINISTRATION.—The Commissioner of Reclamation and 
the Tribe shall negotiate the cost of any oversight activity carried 
out by the Bureau of Reclamation under any agreement entered 
into under this section, subject to the condition that the total 
cost for the oversight shall not exceed 4 percent of the total costs 
incurred under this section. 
(i) OM&R COSTS.—The Federal Government shall have no 
obligation to pay for the OM&R costs for any facility rehabilitated 
or constructed under this section. 
(j) PROJECT EFFICIENCIES.—If the total cost of planning, design, 
and construction activities relating to the projects described in 
this section results in cost savings and is less than the amounts 
authorized to be obligated, the Secretary, at the request of the 
Tribe, may— 
(1) use those cost savings to carry out a project described 
in section 3707(d), 3710, 3712, or 3713; or 
(2) deposit those cost savings to the Blackfeet OM&R Trust 
Account. 
(k) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 
and in accordance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall 
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130 STAT. 1830 
PUBLIC LAW 114–322—DEC. 16, 2016 
enter into 1 or more agreements with the Tribe to carry out this 
section. 
SEC. 3712. DESIGN AND CONSTRUCTION OF WATER STORAGE AND 
IRRIGATION FACILITIES. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Secretary, acting through the Commissioner of Reclamation, 
shall plan, design, and construct 1 or more facilities to store water 
and support irrigation on the Reservation in accordance with 1 
or more agreements between the Secretary and the Tribe. 
(b) LEAD AGENCY.—The Bureau of Reclamation shall serve 
as the lead agency with respect to any activity to design and 
construct the irrigation development and water storage facilities 
described in subsection (c). 
(c) SCOPE.— 
(1) IN GENERAL.—The scope of the design and construction 
under this section shall be as generally described in the docu-
ment entitled ‘‘Blackfeet Water Storage, Development, and 
Project Report’’, prepared by DOWL HKM, and dated March 
13, 2013, as modified and agreed to by the Secretary and 
the Tribe, subject to the condition that, before commencing 
final design and construction activities, the Secretary shall— 
(A) review the design of the proposed construction; 
(B) perform value engineering analyses; and 
(C) perform appropriate Federal compliance activities. 
(2) MODIFICATION.—The Secretary may modify the scope 
of construction for the projects described in the document 
referred to in paragraph (1), if— 
(A) the modified project is— 
(i) similar in purpose to the proposed projects; 
and 
(ii) consistent with the purposes of this subtitle; 
and 
(B) the Secretary has consulted with the Tribe 
regarding any modification. 
(3) NEGOTIATION WITH TRIBE.—On the basis of the review 
described in paragraph (1)(A), the Secretary shall negotiate 
with the Tribe appropriate changes, if any, to the final design— 
(A) to ensure that the final design meets applicable 
industry standards; 
(B) to improve the cost-effectiveness of any construc-
tion; and 
(C) to ensure that the projects may be constructed 
using only the amounts made available under section 3718. 
(d) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(e) FUNDING.—The total amount of obligations incurred by the 
Secretary in carrying out this section, prior to any adjustment 
provided for in section 3718, shall not exceed $87,300,000. 
(f) OWNERSHIP BY TRIBE.—Title to all facilities rehabilitated 
or constructed under this section shall be held by the Tribe, except 
that title to the Birch Creek Unit of the Blackfeet Indian Irrigation 
Project shall remain with the Bureau of Indian Affairs. 
(g) ADMINISTRATION.—The Commissioner of Reclamation and 
the Tribe shall negotiate the cost of any oversight activity carried 
out by the Bureau of Reclamation under any agreement entered 
into under this section, subject to the condition that the total 
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130 STAT. 1831 
PUBLIC LAW 114–322—DEC. 16, 2016 
cost for the oversight shall not exceed 4 percent of the total costs 
incurred under this section. 
(h) OM&R COSTS.—The Federal Government shall have no 
obligation to pay for the OM&R costs for the facilities rehabilitated 
or constructed under this section. 
(i) PROJECT EFFICIENCIES.—If the total cost of planning, design, 
and construction activities relating to the projects described in 
this section results in cost savings and is less than the amounts 
authorized to be obligated, the Secretary, at the request of the 
Tribe, may— 
(1) use those cost savings to carry out a project described 
in section 3707(d), 3710, 3711, or 3713; or 
(2) deposit those cost savings to the Blackfeet OM&R Trust 
Account. 
(j) APPLICABILITY OF ISDEAA.—At the request of the Tribe, 
and in accordance with the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall 
enter into 1 or more agreements with the Tribe to carry out this 
section. 
SEC. 
3713. 
BLACKFEET 
WATER, 
STORAGE, 
AND 
DEVELOPMENT 
PROJECTS. 
(a) IN GENERAL.— 
(1) SCOPE.—The scope of the construction under this section 
shall be as generally described in the document entitled ‘‘Black-
feet Water Storage, Development, and Project Report’’, prepared 
by DOWL HKM, and dated March 13, 2013, as modified and 
agreed to by the Secretary and the Tribe. 
(2) MODIFICATION.—The Tribe may modify the scope of 
the projects described in the document referred to in paragraph 
(1) if— 
(A) the modified project is— 
(i) similar to the proposed project; and 
(ii) consistent with the purposes of this subtitle; 
and 
(B) the modification is approved by the Secretary. 
(b) NONREIMBURSABILITY OF COSTS.—All costs incurred by the 
Secretary in carrying out this section shall be nonreimbursable. 
(c) FUNDING.—The total amount of obligations incurred by the 
Secretary in carrying out this section, prior to any adjustment 
provided for in section 3718, shall not exceed $91,000,000. 
(d) OM&R COSTS.—The Federal Government shall have no 
obligation to pay for the OM&R costs for the facilities rehabilitated 
or constructed under this section. 
(e) OWNERSHIP
BY TRIBE.—Title to any facility constructed 
under this section shall be held by the Tribe. 
SEC. 3714. EASEMENTS AND RIGHTS-OF-WAY. 
(a) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— 
(1) IN GENERAL.—On request of the Secretary, the Tribe 
shall grant, at no cost to the United States, such easements 
and rights-of-way over tribal land as are necessary for the 
construction of the projects authorized by sections 3710 and 
3711. 
(2) JURISDICTION.—An easement or right-of-way granted 
by the Tribe pursuant to paragraph (1) shall not affect in 
any respect the civil or criminal jurisdiction of the Tribe over 
the easement or right-of-way. 
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130 STAT. 1832 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) LANDOWNER EASEMENTS AND RIGHTS-OF-WAY.—In partial 
consideration for the construction activities authorized by section 
3711, and as a condition of receiving service from the MR&I System, 
a landowner shall grant, at no cost to the United States or the 
Tribe, such easements and rights-of-way over the land of the land-
owner as may be necessary for the construction of the MR&I 
System. 
(c) LAND ACQUIRED BY UNITED STATES OR TRIBE.—Any land 
acquired within the boundaries of the Reservation by the United 
States on behalf of the Tribe, or by the Tribe on behalf of the 
Tribe, in connection with achieving the purposes of this subtitle 
shall be held in trust by the United States for the benefit of 
the Tribe. 
SEC. 3715. TRIBAL WATER RIGHTS. 
(a) CONFIRMATION OF TRIBAL WATER RIGHTS.— 
(1) IN GENERAL.—The Tribal water rights are ratified, con-
firmed, and declared to be valid. 
(2) USE.—Any use of the Tribal water rights shall be subject 
to the terms and conditions of the Compact and this subtitle. 
(3) CONFLICT.—In the event of a conflict between the Com-
pact and this subtitle, the provisions of this subtitle shall 
control. 
(b) INTENT OF CONGRESS.—It is the intent of Congress to pro-
vide to each allottee benefits that are equivalent to, or exceed, 
the benefits the allottees possess on the day before the date of 
enactment of this Act, taking into consideration— 
(1) the potential risks, cost, and time delay associated 
with litigation that would be resolved by the Compact and 
this subtitle; 
(2) the availability of funding under this subtitle and from 
other sources; 
(3) the availability of water from the Tribal water rights; 
and 
(4) the applicability of section 7 of the Act of February 
8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests 
of allottees. 
(c) TRUST STATUS OF TRIBAL WATER RIGHTS.—The Tribal water 
rights— 
(1) shall be held in trust by the United States for the 
use and benefit of the Tribe and the allottees in accordance 
with this subtitle; and 
(2) shall not be subject to forfeiture or abandonment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provi-
sions of section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), relating to the use of water for irrigation purposes, shall 
apply to the Tribal water rights. 
(2) ENTITLEMENT
TO
WATER.—Any entitlement to water 
of an allottee under Federal law shall be satisfied from the 
Tribal water rights. 
(3) ALLOCATIONS.—An allottee shall be entitled to a just 
and equitable allocation of water for irrigation purposes. 
(4) CLAIMS.— 
(A) EXHAUSTION OF REMEDIES.—Before asserting any 
claim against the United States under section 7 of the 
Act of February 8, 1887 (25 U.S.C. 381), or any other 
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applicable law, an allottee shall exhaust remedies available 
under the tribal water code or other applicable tribal law. 
(B) ACTION FOR RELIEF.—After the exhaustion of all 
remedies available under the tribal water code or other 
applicable tribal law, an allottee may seek relief under 
section 7 of the Act of February 8, 1887 (25 U.S.C. 381), 
or other applicable law. 
(5) AUTHORITY OF SECRETARY.—The Secretary shall have 
the authority to protect the rights of allottees in accordance 
with this section. 
(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—The Tribe shall have the authority to 
allocate, distribute, and lease the Tribal water rights for any 
use on the Reservation in accordance with the Compact, this 
subtitle, and applicable Federal law. 
(2) OFF-RESERVATION USE.—The Tribe may allocate, dis-
tribute, and lease the Tribal water rights for off-Reservation 
use in accordance with the Compact, subject to the approval 
of the Secretary. 
(3) LAND LEASES BY ALLOTTEES.—Notwithstanding para-
graph (1), an allottee may lease any interest in land held 
by the allottee, together with any water right determined to 
be appurtenant to the interest in land, in accordance with 
the tribal water code. 
(f) TRIBAL WATER CODE.— 
(1) IN GENERAL.—Notwithstanding article IV.C.1. of the 
Compact, not later than 4 years after the date on which the 
Tribe ratifies the Compact in accordance with this subtitle, 
the Tribe shall enact a tribal water code that provides for— 
(A) the management, regulation, and governance of 
all uses of the Tribal water rights in accordance with 
the Compact and this subtitle; and 
(B) establishment by the Tribe of conditions, permit 
requirements, and other requirements for the allocation, 
distribution, or use of the Tribal water rights in accordance 
with the Compact and this subtitle. 
(2) INCLUSIONS.—Subject to the approval of the Secretary, 
the tribal water code shall provide— 
(A) that use of water by allottees shall be satisfied 
with water from the Tribal water rights; 
(B) a process by which an allottee may request that 
the Tribe provide water for irrigation use in accordance 
with this subtitle, including the provision of water under 
any allottee lease under section 4 of the Act of June 25, 
1910 (25 U.S.C. 403); 
(C) a due process system for the consideration and 
determination by the Tribe of any request by an allottee 
(or a successor in interest to an allottee) for an allocation 
of water for irrigation purposes on allotted land, including 
a process for— 
(i) appeal and adjudication of any denied or dis-
puted distribution of water; and 
(ii) resolution of any contested administrative deci-
sion; and 
(D) a requirement that any allottee asserting a claim 
relating to the enforcement of rights of the allottee under 
the tribal water code, or to the quantity of water allocated 
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130 STAT. 1834 
PUBLIC LAW 114–322—DEC. 16, 2016 
to land of the allottee, shall exhaust all remedies available 
to the allottee under tribal law before initiating an action 
against the United States or petitioning the Secretary 
pursuant to subsection (d)(4)(B). 
(3) ACTION BY SECRETARY.— 
(A) IN GENERAL.—During the period beginning on the 
date of enactment of this Act and ending on the date 
on which a tribal water code described in paragraphs (1) 
and (2) is enacted, the Secretary shall administer, with 
respect to the rights of allottees, the Tribal water rights 
in accordance with this subtitle. 
(B) APPROVAL.—The tribal water code described in 
paragraphs (1) and (2) shall not be valid unless— 
(i) the provisions of the tribal water code required 
by paragraph (2) are approved by the Secretary; and 
(ii) each amendment to the tribal water code that 
affects a right of an allottee is approved by the Sec-
retary. 
(C) APPROVAL PERIOD.— 
(i) IN GENERAL.—The Secretary shall approve or 
disapprove the tribal water code or an amendment 
to the tribal water code not later than 180 days after 
the date on which the tribal water code or amendment 
is submitted to the Secretary. 
(ii) EXTENSION.—The deadline described in clause 
(i) may be extended by the Secretary after consultation 
with the Tribe. 
(g) ADMINISTRATION.— 
(1) NO
ALIENATION.—The Tribe shall not permanently 
alienate any portion of the Tribal water rights. 
(2) PURCHASES OR GRANTS OF LAND FROM INDIANS.—An 
authorization provided by this subtitle for the allocation, dis-
tribution, leasing, or other arrangement entered into pursuant 
to this subtitle shall be considered to satisfy any requirement 
for authorization of the action by treaty or convention imposed 
by section 2116 of the Revised Statutes (25 U.S.C. 177). 
(3) PROHIBITION ON FORFEITURE.—The non-use of all or 
any portion of the Tribal water rights by a lessee or contractor 
shall not result in the forfeiture, abandonment, relinquishment, 
or other loss of all or any portion of the Tribal water rights. 
(h) EFFECT.—Except as otherwise expressly provided in this 
section, nothing in this subtitle— 
(1) authorizes any action by an allottee against any indi-
vidual or entity, or against the Tribe, under Federal, State, 
tribal, or local law; or 
(2) alters or affects the status of any action brought pursu-
ant to section 1491(a) of title 28, United States Code. 
SEC. 3716. BLACKFEET SETTLEMENT TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a trust fund, to be known as the ‘‘Blackfeet 
Settlement Trust Fund’’ (referred to in this section as the ‘‘Trust 
Fund’’), to be managed, invested, and distributed by the Secretary 
and to remain available until expended, consisting of the amounts 
deposited in the Trust Fund under subsection (c), together with 
any interest earned on those amounts, for the purpose of carrying 
out this subtitle. 
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130 STAT. 1835 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) ACCOUNTS.—The Secretary shall establish in the Trust Fund 
the following accounts: 
(1) The Administration and Energy Account. 
(2) The OM&R Account. 
(3) The St. Mary Account. 
(4) The Blackfeet Water, Storage, and Development Projects 
Account. 
(c) DEPOSITS.—The Secretary shall deposit in the Trust Fund— 
(1) in the Administration and Energy Account, the amount 
made available pursuant to section 3718(a)(1)(A); 
(2) in the OM&R Account, the amount made available 
pursuant to section 3718(a)(1)(B); 
(3) in the St. Mary Account, the amount made available 
pursuant to section 3718(a)(1)(C); and 
(4) in the Blackfeet Water, Storage, and Development 
Projects Account, the amount made available pursuant to sec-
tion 3718(a)(1)(D). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—The Secretary shall manage, invest, 
and distribute all amounts in the Trust Fund in a manner 
that is consistent with the investment authority of the Secretary 
under— 
(A) the first section of the Act of June 24, 1938 (25 
U.S.C. 162a); 
(B) the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and 
(C) this section. 
(2) INTEREST.—In addition to the deposits under subsection 
(c), any interest credited to amounts unexpended in the Trust 
Fund are authorized to be appropriated to be used in accordance 
with the uses described in subsection (h). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN GENERAL.—Amounts appropriated to, and deposited 
in, the Trust Fund, including any investment earnings, shall 
be made available to the Tribe by the Secretary beginning 
on the enforceability date. 
(2) FUNDING FOR TRIBAL IMPLEMENTATION ACTIVITIES.—Not-
withstanding paragraph (1), on approval pursuant to this sub-
title and the Compact by a referendum vote of a majority 
of votes cast by members of the Tribe on the day of the vote, 
as certified by the Secretary and the Tribe and subject to 
the availability of appropriations, of the amounts in the 
Administration and Energy Account, $4,800,000 shall be made 
available to the Tribe for the implementation of this subtitle. 
(f) WITHDRAWALS UNDER AIFRMRA.— 
(1) IN
GENERAL.—The Tribe may withdraw any portion 
of the funds in the Trust Fund on approval by the Secretary 
of a tribal management plan submitted by the Tribe in accord-
ance with the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
(2) REQUIREMENTS.— 
(A) IN
GENERAL.—In addition to the requirements 
under the American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
management plan under paragraph (1) shall require that 
the Tribe shall spend all amounts withdrawn from the 
Trust Fund in accordance with this subtitle. 
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130 STAT. 1836 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) ENFORCEMENT.—The Secretary may carry out such 
judicial and administrative actions as the Secretary deter-
mines to be necessary to enforce the tribal management 
plan to ensure that amounts withdrawn by the Tribe from 
the Trust Fund under this subsection are used in accord-
ance with this subtitle. 
(g) WITHDRAWALS UNDER EXPENDITURE PLAN.— 
(1) IN GENERAL.—The Tribe may submit to the Secretary 
a request to withdraw funds from the Trust Fund pursuant 
to an approved expenditure plan. 
(2) REQUIREMENTS.—To be eligible to withdraw funds under 
an expenditure plan under paragraph (1), the Tribe shall submit 
to the Secretary for approval an expenditure plan for any 
portion of the Trust Fund that the Tribe elects to withdraw 
pursuant to this subsection, subject to the condition that the 
funds shall be used for the purposes described in this subtitle. 
(3) INCLUSIONS.—An expenditure plan under this sub-
section shall include a description of the manner and purpose 
for which the amounts proposed to be withdrawn from the 
Trust Fund will be used by the Tribe, in accordance with 
subsection (h). 
(4) APPROVAL.—On receipt of an expenditure plan under 
this subsection, the Secretary shall approve the plan, if the 
Secretary determines that the plan— 
(A) is reasonable; and 
(B) is consistent with, and will be used for, the pur-
poses of this subtitle. 
(5) ENFORCEMENT.—The Secretary may carry out such 
judicial and administrative actions as the Secretary determines 
to be necessary to enforce an expenditure plan to ensure that 
amounts disbursed under this subsection are used in accordance 
with this subtitle. 
(h) USES.—Amounts from the Trust Fund shall be used by 
the Tribe for the following purposes: 
(1) The Administration and Energy Account shall be used 
for administration of the Tribal water rights and energy 
development projects under this subtitle and the Compact. 
(2) The OM&R Account shall be used to assist the Tribe 
in paying OM&R costs. 
(3) The St. Mary Account shall be distributed pursuant 
to an expenditure plan approved under subsection (g), subject 
to the conditions that— 
(A) during the period for which the amount is available 
and held by the Secretary, $500,000 shall be distributed 
to the Tribe annually as compensation for the deferral 
of the St. Mary water right; and 
(B) any additional amounts deposited in the account 
may be withdrawn and used by the Tribe to pay OM&R 
costs or other expenses for 1 or more projects to benefit 
the Tribe, as approved by the Secretary, subject to the 
requirement that the Secretary shall not approve an 
expenditure plan under this paragraph unless the Tribe 
provides a resolution of the tribal council— 
(i) approving the withdrawal of the funds from 
the account; and 
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130 STAT. 1837 
PUBLIC LAW 114–322—DEC. 16, 2016 
(ii) acknowledging that the Secretary will not be 
able to distribute funds under subparagraph (A) indefi-
nitely if the principal funds in the account are reduced. 
(4) The Blackfeet Water, Storage, and Development Projects 
Account shall be used to carry out section 3713. 
(i) LIABILITY.—The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Tribe under subsection 
(f) or (g). 
(j) NO PER CAPITA DISTRIBUTIONS.—No portion of the Trust 
Fund shall be distributed on a per capita basis to any member 
of the Tribe. 
(k) DEPOSIT OF FUNDS.—On request by the Tribe, the Secretary 
may deposit amounts from an account described in paragraph (1), 
(2), or (4) of subsection (b) to any other account the Secretary 
determines to be appropriate. 
SEC. 3717. BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a nontrust, interest-bearing account, to be known 
as the ‘‘Blackfeet Water Settlement Implementation Fund’’ (referred 
to in this section as the ‘‘Implementation Fund’’), to be managed 
and distributed by the Secretary, for use by the Secretary for 
carrying out this subtitle. 
(b) 
ACCOUNTS.—The 
Secretary 
shall 
establish 
in 
the 
Implementation Fund the following accounts: 
(1) The MR&I System, Irrigation, and Water Storage 
Account. 
(2) The Blackfeet Irrigation Project Deferred Maintenance 
and Four Horns Dam Safety Improvements Account. 
(3) The St. Mary/Milk Water Management and Activities 
Fund. 
(c) DEPOSITS.—The Secretary shall deposit in the Implementa-
tion Fund— 
(1) in the MR&I System, Irrigation, and Water Storage 
Account, the amount made available pursuant to section 
3718(a)(2)(A); 
(2) in the Blackfeet Irrigation Project Deferred Maintenance 
and Four Horns Dam Safety Improvements Account, the 
amount made available pursuant to section 3718(a)(2)(B); and 
(3) in the St. Mary/Milk Water Management and Activities 
Fund, the amount made available pursuant to section 
3718(a)(2)(C). 
(d) USES.— 
(1) MR&I 
SYSTEM, 
IRRIGATION, 
AND
WATER
STORAGE 
ACCOUNT.—The MR&I System, Irrigation, and Water Storage 
Account shall be used to carry out sections 3711 and 3712. 
(2) BLACKFEET
IRRIGATION
PROJECT
DEFERRED
MAINTE-
NANCE
AND
FOUR
HORNS
DAM
SAFETY
IMPROVEMENTS 
ACCOUNT.—The Blackfeet Irrigation Project Deferred Mainte-
nance and Four Horns Dam Safety Improvements Account shall 
be used to carry out section 3710. 
(3) ST. MARY/MILK
WATER
MANAGEMENT
AND
ACTIVITIES 
ACCOUNT.—The St. Mary/Milk Water Management and Activi-
ties Account shall be used to carry out sections 3705 and 
3707. 
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130 STAT. 1838 
PUBLIC LAW 114–322—DEC. 16, 2016 
(e) MANAGEMENT.—Amounts in the Implementation Fund shall 
not be available to the Secretary for expenditure until the enforce-
ability date. 
(f) INTEREST.—In addition to the deposits under subsection 
(c), any interest credited to amounts unexpended in the Implementa-
tion Fund are authorized to be appropriated to be used in accord-
ance with the uses described in subsection (d). 
SEC. 3718. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subject to subsection (b), there are authorized 
to be appropriated to the Secretary— 
(1) as adjusted on appropriation to reflect changes since 
April 2010 in the Consumer Price Index for All Urban Con-
sumers West Urban 50,000 to 1,500,000 index for the amount 
appropriated— 
(A) for deposit in the Administration and Energy 
Account of the Blackfeet Settlement Trust Fund established 
under section 3716(b)(1), $28,900,000; 
(B) for deposit in the OM&R Account of the Blackfeet 
Settlement 
Trust 
Fund 
established 
under 
section 
3716(b)(2), $27,760,000; 
(C) for deposit in the St. Mary Account of the Blackfeet 
Settlement 
Trust 
Fund 
established 
under 
section 
3716(b)(3), $27,800,000; 
(D) for deposit in the Blackfeet Water, Storage, and 
Development Projects Account of the Blackfeet Settlement 
Trust 
Fund 
established 
under 
section 
3716(b)(4), 
$91,000,000; and 
(E) the amount of interest credited to the unexpended 
amounts of the Blackfeet Settlement Trust Fund; and 
(2) as adjusted annually to reflect changes since April 
2010 in the Bureau of Reclamation Construction Cost Trends 
Index applicable to the types of construction involved— 
(A) for deposit in the MR&I System, Irrigation, and 
Water Storage Account of the Blackfeet Water Settlement 
Implementation Fund established under section 3717(b)(1), 
$163,500,000; 
(B) for deposit in the Blackfeet Irrigation Project 
Deferred Maintenance, Four Horns Dam Safety, and 
Rehabilitation and Enhancement of the Four Horns Feeder 
Canal, Dam, and Reservoir Improvements Account of the 
Blackfeet Water Settlement Implementation Fund estab-
lished under section 3717(b)(2), $54,900,000, of which— 
(i) $40,900,000 shall be made available for activi-
ties and projects under section 3710(c); and 
(ii) $14,000,000 shall be made available for activi-
ties and projects under section 3710(d)(2); 
(C) for deposit in the St. Mary/Milk Water Management 
and Activities Account of the Blackfeet Water Settlement 
Implementation Fund established under section 3717(b)(3), 
$28,100,000, of which— 
(i) $27,600,000 shall be allocated in accordance 
with section 3707(g); and 
(ii) $500,000 shall be used to carry out section 
3705; and 
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130 STAT. 1839 
PUBLIC LAW 114–322—DEC. 16, 2016 
(D) the amount of interest credited to the unexpended 
amounts of the Blackfeet Water Settlement Implementation 
Fund. 
(b) ADJUSTMENTS.— 
(1) IN GENERAL.—The adjustment of the amounts author-
ized to be appropriated pursuant to subsection (a)(1) shall occur 
each time an amount is appropriated for an account and shall 
add to, or subtract from, as applicable, the total amount author-
ized. 
(2) REPETITION.—The adjustment process under this sub-
section shall be repeated for each subsequent amount appro-
priated until the amount authorized, as adjusted, has been 
appropriated. 
(3) TREATMENT.—The amount of an adjustment may be 
considered— 
(A) to be authorized as of the date on which congres-
sional action occurs; and 
(B) in determining the amount authorized to be appro-
priated. 
SEC. 3719. WATER RIGHTS IN LEWIS AND CLARK NATIONAL FOREST 
AND GLACIER NATIONAL PARK. 
The instream flow water rights of the Tribe on land within 
the Lewis and Clark National Forest and Glacier National Park— 
(1) are confirmed; and 
(2) shall be as described in the document entitled ‘‘Stipula-
tion to Address Claims by and for the Benefit of the Blackfeet 
Indian Tribe to Water Rights in the Lewis & Clark National 
Forest and Glacier National Park’’ and as finally decreed by 
the Montana Water Court, or, if the Montana Water Court 
is found to lack jurisdiction, by the United States district court 
with jurisdiction. 
SEC. 3720. WAIVERS AND RELEASES OF CLAIMS. 
(a) IN GENERAL.— 
(1) WAIVER AND RELEASE OF CLAIMS BY TRIBE AND UNITED 
STATES AS TRUSTEE FOR TRIBE.—Subject to the reservation of 
rights and retention of claims under subsection (c), as consider-
ation for recognition of the Tribal water rights and other bene-
fits as described in the Compact and this subtitle, the Tribe, 
acting on behalf of the Tribe and members of the Tribe (but 
not any member of the Tribe as an allottee), and the United 
States, acting as trustee for the Tribe and the members of 
the Tribe (but not any member of the Tribe as an allottee), 
shall execute a waiver and release of all claims for water 
rights within the State that the Tribe, or the United States 
acting as trustee for the Tribe, asserted or could have asserted 
in any proceeding, including a State stream adjudication, on 
or before the enforceability date, except to the extent that 
such rights are recognized in the Compact and this subtitle. 
(2) WAIVER
AND
RELEASE
OF
CLAIMS
BY
UNITED
STATES 
AS
TRUSTEE
FOR
ALLOTTEES.—Subject to the reservation of 
rights and the retention of claims under subsection (c), as 
consideration for recognition of the Tribal water rights and 
other benefits as described in the Compact and this subtitle, 
the United States, acting as trustee for allottees, shall execute 
a waiver and release of all claims for water rights within 
the Reservation that the United States, acting as trustee for 
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130 STAT. 1840 
PUBLIC LAW 114–322—DEC. 16, 2016 
the allottees, asserted or could have asserted in any proceeding, 
including a State stream adjudication, on or before the enforce-
ability date, except to the extent that such rights are recognized 
in the Compact and this subtitle. 
(3) WAIVER
AND
RELEASE
OF
CLAIMS
BY
TRIBE
AGAINST 
UNITED STATES.—Subject to the reservation of rights and reten-
tion of claims under subsection (d), the Tribe, acting on behalf 
of the Tribe and members of the Tribe (but not any member 
of the Tribe as an allottee), shall execute a waiver and release 
of all claims against the United States (including any agency 
or employee of the United States)— 
(A) relating to— 
(i) water rights within the State that the United 
States, acting as trustee for the Tribe, asserted or 
could have asserted in any proceeding, including a 
stream adjudication in the State, except to the extent 
that such rights are recognized as Tribal water rights 
under this subtitle; 
(ii) damage, loss, or injury to water, water rights, 
land, or natural resources due to loss of water or 
water rights (including damages, losses, or injuries 
to hunting, fishing, gathering, or cultural rights due 
to loss of water or water rights, claims relating to 
interference with, diversion, or taking of water, or 
claims relating to failure to protect, acquire, replace, 
or develop water, water rights, or water infrastructure) 
within the State that first accrued at any time on 
or before the enforceability date; 
(iii) a failure to establish or provide a municipal 
rural or industrial water delivery system on the Res-
ervation; 
(iv) a failure to provide for operation or mainte-
nance, or deferred maintenance, for the Blackfeet 
Irrigation Project or any other irrigation system or 
irrigation project on the Reservation; 
(v) the litigation of claims relating to the water 
rights of the Tribe in the State; and 
(vi) the negotiation, execution, or adoption of the 
Compact (including exhibits) or this subtitle; 
(B) reserved in subsections (b) through (d) of section 
3706 of the settlement for the case styled Blackfeet Tribe 
v. United States, No. 02–127L (Fed. Cl. 2012); and 
(C) that first accrued at any time on or before the 
enforceability date— 
(i) arising from the taking or acquisition of the 
land of the Tribe or resources for the construction 
of the features of the St. Mary Unit of the Milk River 
Project; 
(ii) relating to the construction, operation, and 
maintenance of the St. Mary Unit of the Milk River 
Project, including Sherburne Dam, St. Mary Diversion 
Dam, St. Mary Canal and associated infrastructure, 
and the management of flows in Swiftcurrent Creek, 
including the diversion of Swiftcurrent Creek into 
Lower St. Mary Lake; 
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130 STAT. 1841 
PUBLIC LAW 114–322—DEC. 16, 2016 
(iii) relating to the construction, operation, and 
management of Lower Two Medicine Dam and Res-
ervoir and Four Horns Dam and Reservoir, including 
any claim relating to the failure to provide dam safety 
improvements for Four Horns Reservoir; or 
(iv) relating to the allocation of waters of the Milk 
River and St. Mary River (including tributaries) 
between the United States and Canada pursuant to 
the International Boundary Waters Treaty of 1909 (36 
Stat. 2448). 
(b) EFFECTIVENESS.—The waivers and releases under subsection 
(a) shall take effect on the enforceability date. 
(c) WITHDRAWAL OF OBJECTIONS.—The Tribe shall withdraw 
all objections to the water rights claims filed by the United States 
for the benefit of the Milk River Project, except objections to those 
claims consolidated for adjudication within Basin 40J, within 14 
days of the certification under subsection (f)(5) that the Tribal 
membership has approved the Compact and this subtitle. 
(1) Prior to withdrawal of the objections, the Tribe may 
seek leave of the Montana Water Court for a right to reinstate 
the objections in the event the conditions of enforceability in 
subsection (f)(1) through (8) are not satisfied by the date of 
expiration described in section 3723 of this subtitle. 
(2) If the conditions of enforceability in subsection (f)(1) 
through (8) are satisfied, and any authority the Montana Water 
Court may have granted the Tribe to reinstate objections 
described in this section has not yet expired, the Tribe shall 
notify the Montana Water Court and the United States in 
writing that it will not exercise any such authority. 
(d) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Not-
withstanding the waivers and releases under subsection (a), the 
Tribe, acting on behalf of the Tribe and members of the Tribe, 
and the United States, acting as trustee for the Tribe and allottees, 
shall retain— 
(1) all claims relating to— 
(A) enforcement of, or claims accruing after the enforce-
ability date relating to water rights recognized under, the 
Compact, any final decree, or this subtitle; 
(B) activities affecting the quality of water, including 
any claim under— 
(i) the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.), including damages to natural resources; 
(ii) the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.); 
(iii) the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) (commonly referred to as the 
‘‘Clean Water Act’’); and 
(iv) any regulations implementing the Acts 
described in clauses (i) through (iii); or 
(C) damage, loss, or injury to land or natural resources 
that are not due to loss of water or water rights (including 
hunting, fishing, gathering, or cultural rights); 
(2) all rights to use and protect water rights acquired 
after the date of enactment of this Act; and 
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130 STAT. 1842 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) all rights, remedies, privileges, immunities, and powers 
not specifically waived and released pursuant to this subtitle 
or the Compact. 
(e) EFFECT OF COMPACT AND SUBTITLE.—Nothing in the Com-
pact or this subtitle— 
(1) affects the ability of the United States, acting as a 
sovereign, to take any action authorized by law (including any 
law relating to health, safety, or the environment), including— 
(A) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
(B) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.); 
(C) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) (commonly referred to as the ‘‘Clean Water 
Act’’); and 
(D) any regulations implementing the Acts described 
in subparagraphs (A) through (C); 
(2) affects the ability of the United States to act as trustee 
for any other Indian tribe or allottee of any other Indian tribe; 
(3) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding health, safety, 
or the environment; 
(B) to determine the duties of the United States or 
any other party pursuant to a Federal law regarding health, 
safety, or the environment; or 
(C) to conduct judicial review of a Federal agency 
action; 
(4) waives any claim of a member of the Tribe in an 
individual capacity that does not derive from a right of the 
Tribe; 
(5) revives any claim waived by the Tribe in the case 
styled Blackfeet Tribe v. United States, No. 02–127L (Fed. 
Cl. 2012); or 
(6) revives any claim released by an allottee or a tribal 
member in the settlement for the case styled Cobell v. Salazar, 
No. 1:96CV01285–JR (D.D.C. 2012). 
(f) ENFORCEABILITY DATE.—The enforceability date shall be 
the date on which the Secretary publishes in the Federal Register 
a statement of findings that— 
(1)(A) the Montana Water Court has approved the Compact, 
and that decision has become final and nonappealable; or 
(B) if the Montana Water Court is found to lack jurisdiction, 
the appropriate United States district court has approved the 
Compact, and that decision has become final and nonappeal-
able; 
(2) all amounts authorized under section 3718(a) have been 
appropriated; 
(3) the agreements required by sections 3706(c), 3707(f), 
and 3709(c) have been executed; 
(4) the State has appropriated and paid into an interest- 
bearing escrow account any payments due as of the date of 
enactment of this Act to the Tribe under the Compact, the 
Birch Creek Agreement, and this subtitle; 
(5) the members of the Tribe have voted to approve this 
subtitle and the Compact by a majority of votes cast on the 
day of the vote, as certified by the Secretary and the Tribe; 
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130 STAT. 1843 
PUBLIC LAW 114–322—DEC. 16, 2016 
(6) the Secretary has fulfilled the requirements of section 
3709(a); 
(7) the agreement or terms and conditions referred to in 
section 3705 are executed and final; and 
(8) the waivers and releases described in subsection (a) 
have been executed by the Tribe and the Secretary. 
(g) TOLLING OF CLAIMS.— 
(1) IN GENERAL.—Each applicable period of limitation and 
time-based equitable defense relating to a claim described in 
this section shall be tolled during the period beginning on 
the date of enactment of this Act and ending on the date 
on which the amounts made available to carry out this subtitle 
are transferred to the Secretary. 
(2) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
revives any claim or tolls any period of limitation or time- 
based equitable defense that expired before the date of enact-
ment of this Act. 
(h) EXPIRATION.—If all appropriations authorized by this sub-
title have not been made available to the Secretary by January 
21, 2026, or such alternative later date as is agreed to by the 
Tribe and the Secretary, the waivers and releases described in 
this section shall— 
(1) expire; and 
(2) have no further force or effect. 
(i) VOIDING OF WAIVERS.—If the waivers and releases described 
in this section are void under subsection (h)— 
(1) the approval of the United States of the Compact under 
section 3704 shall no longer be effective; 
(2) any unexpended Federal funds appropriated or made 
available to carry out the activities authorized by this subtitle, 
together with any interest earned on those funds, and any 
water rights or contracts to use water and title to other property 
acquired or constructed with Federal funds appropriated or 
made available to carry out the activities authorized under 
this subtitle shall be returned to the Federal Government, 
unless otherwise agreed to by the Tribe and the United States 
and approved by Congress; and 
(3) except for Federal funds used to acquire or develop 
property that is returned to the Federal Government under 
paragraph (2), the United States shall be entitled to offset 
any Federal funds appropriated or made available to carry 
out the activities authorized under this subtitle that were 
expended or withdrawn, together with any interest accrued, 
against any claims against the United States relating to water 
rights in the State asserted by the Tribe or any user of the 
Tribal water rights or in any future settlement of the water 
rights of the Tribe or an allottee. 
SEC. 3721. SATISFACTION OF CLAIMS. 
(a) TRIBAL CLAIMS.—The benefits realized by the Tribe under 
this subtitle shall be in complete replacement of, complete substi-
tution for, and full satisfaction of all— 
(1) claims of the Tribe against the United States waived 
and released pursuant to section 3720(a); and 
(2) objections withdrawn pursuant to section 3720(c). 
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130 STAT. 1844 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) ALLOTTEE CLAIMS.—The benefits realized by the allottees 
under this subtitle shall be in complete replacement of, complete 
substitution for, and full satisfaction of— 
(1) all claims waived and released pursuant to section 
3720(a)(2); and 
(2) any claim of an allottee against the United States 
similar in nature to a claim described in section 3720(a)(2) 
that the allottee asserted or could have asserted. 
SEC. 3722. MISCELLANEOUS PROVISIONS. 
(a) WAIVER OF SOVEREIGN IMMUNITY.—Except as provided in 
subsections (a) through (c) of section 208 of the Department of 
Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 
subtitle waives the sovereign immunity of the United States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this 
subtitle quantifies or diminishes any land or water right, or any 
claim or entitlement to land or water, of an Indian tribe, band, 
or community other than the Tribe. 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect 
to any Indian-owned land located within the Reservation— 
(1) the United States shall not submit against that land 
any claim for reimbursement of the cost to the United States 
of carrying out this subtitle or the Compact; and 
(2) no assessment of that land shall be made regarding 
that cost. 
(d) LIMITATION ON LIABILITY OF UNITED STATES.— 
(1) IN GENERAL.—The United States has no obligation— 
(A) to monitor, administer, or account for, in any 
manner, any funds provided to the Tribe by the State; 
or 
(B) to review or approve any expenditure of those 
funds. 
(2) INDEMNITY.—The Tribe shall indemnify the United 
States, and hold the United States harmless, with respect to 
all claims (including claims for takings or breach of trust) 
arising from the receipt or expenditure of amounts described 
in this subsection. 
(e) EFFECT ON CURRENT LAW.—Nothing in this section affects 
any provision of law (including regulations) in effect on the day 
before the date of enactment of this Act with respect to 
preenforcement review of any Federal environmental enforcement 
action. 
(f) EFFECT ON RECLAMATION LAWS.—The activities carried out 
by the Commissioner of Reclamation under this subtitle shall not 
establish a precedent or impact the authority provided under any 
other provision of the reclamation laws, including— 
(1) the Reclamation Rural Water Supply Act of 2006 (43 
U.S.C. 2401 et seq.); and 
(2) the Omnibus Public Land Management Act of 2009 
(Public Law 111–11; 123 Stat. 991). 
(g) IRRIGATION EFFICIENCY IN UPPER BIRCH CREEK DRAINAGE.— 
Any activity carried out by the Tribe in the Upper Birch Creek 
Drainage (as defined in article II.50 of the Compact) using funds 
made available to carry out this subtitle shall achieve an irrigation 
efficiency of not less than 50 percent. 
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130 STAT. 1845 
PUBLIC LAW 114–322—DEC. 16, 2016 
(h) BIRCH CREEK AGREEMENT APPROVAL.—The Birch Creek 
Agreement is approved to the extent that the Birch Creek Agree-
ment requires approval under section 2116 of the Revised Statutes 
(25 U.S.C. 177). 
(i) LIMITATION ON EFFECT.—Nothing in this subtitle or the 
Compact— 
(1) makes an allocation or apportionment of water between 
or among States; or 
(2) addresses or implies whether, how, or to what extent 
the Tribal water rights, or any portion of the Tribal water 
rights, should be accounted for as part of, or otherwise charged 
against, an allocation or apportionment of water made to a 
State in an interstate allocation or apportionment. 
SEC. 3723. EXPIRATION ON FAILURE TO MEET ENFORCEABILITY DATE. 
If the Secretary fails to publish a statement of findings under 
section 3720(f) by not later than January 21, 2025, or such alter-
native later date as is agreed to by the Tribe and the Secretary, 
after reasonable notice to the State, as applicable— 
(1) this subtitle expires effective on the later of— 
(A) January 22, 2025; and 
(B) the day after such alternative later date as is 
agreed to by the Tribe and the Secretary; 
(2) any action taken by the Secretary and any contract 
or agreement entered into pursuant to this subtitle shall be 
void; 
(3) any amounts made available under section 3718, 
together with any interest on those amounts, that remain unex-
pended shall immediately revert to the general fund of the 
Treasury, except for any funds made available under section 
3716(e)(2) if the Montana Water Court denies the Tribe’s 
request to reinstate the objections in section 3720(c); and 
(4) the United States shall be entitled to offset against 
any claims asserted by the Tribe against the United States 
relating to water rights— 
(A) any funds expended or withdrawn from the 
amounts made available pursuant to this subtitle; and 
(B) any funds made available to carry out the activities 
authorized by this subtitle from other authorized sources, 
except for any funds provided under section 3716(e)(2) if 
the Montana Water court denies the Tribe’s request to 
reinstate the objections in section 3720(c). 
SEC. 3724. ANTIDEFICIENCY. 
The United States shall not be liable for any failure to carry 
out any obligation or activity authorized by this subtitle (including 
any obligation or activity under the Compact) if— 
(1) adequate appropriations are not provided expressly by 
Congress to carry out the purposes of this subtitle; or 
(2) there are not enough monies available to carry out 
the purposes of this subtitle in the Reclamation Water Settle-
ments Fund established under section 10501(a) of the Omnibus 
Public Land Management Act of 2009 (43 U.S.C. 407(a)). 
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130 STAT. 1846 
PUBLIC LAW 114–322—DEC. 16, 2016 
Subtitle H—Water Desalination 
SEC. 3801. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996. 
(a) AUTHORIZATION OF RESEARCH AND STUDIES.—Section 3 of 
the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
Law 104–298) is amended— 
(1) in subsection (a)— 
(A) in paragraph (6), by striking ‘‘and’’ at the end; 
(B) in paragraph (7), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(8) development of metrics to analyze the costs and bene-
fits of desalination relative to other sources of water (including 
costs and benefits related to associated infrastructure, energy 
use, environmental impacts, and diversification of water sup-
plies); and 
‘‘(9) development of design and siting specifications that 
avoid or minimize, adverse economic and environmental 
impacts.’’; and 
(2) by adding at the end the following: 
‘‘(e) PRIORITIZATION.—In carrying out this section, the Secretary 
shall prioritize funding for research— 
‘‘(1) to reduce energy consumption and lower the cost of 
desalination, including chloride control; 
‘‘(2) to reduce the environmental impacts of seawater 
desalination and develop technology and strategies to minimize 
those impacts; 
‘‘(3) to improve existing reverse osmosis and membrane 
technology; 
‘‘(4) to carry out basic and applied research on next genera-
tion desalination technologies, including improved energy 
recovery systems and renewable energy-powered desalination 
systems that could significantly reduce desalination costs; 
‘‘(5) to develop portable or modular desalination units 
capable of providing temporary emergency water supplies for 
domestic or military deployment purposes; and 
‘‘(6) to develop and promote innovative desalination tech-
nologies, including chloride control, identified by the Sec-
retary.’’. 
(b) DESALINATION DEMONSTRATION AND DEVELOPMENT.—Sec-
tion 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104–298) is amended by adding at the end the 
following: 
‘‘(c) PRIORITIZATION.—In carrying out demonstration and 
development activities under this section, the Secretary shall 
prioritize projects— 
‘‘(1) for the benefit of drought-stricken States and commu-
nities; 
‘‘(2) for the benefit of States that have authorized funding 
for research and development of desalination technologies and 
projects; 
‘‘(3) that can reduce reliance on imported water supplies 
that have an impact on species listed under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.); and 
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130 STAT. 1847 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(4) that demonstrably leverage the experience of inter-
national partners with considerable expertise in desalination, 
such as the State of Israel. 
‘‘(d) WATER PRODUCTION.—The Secretary shall provide, as part 
of the annual budget submission to Congress, an estimate of how 
much water has been produced and delivered in the past fiscal 
year using processes and facilities developed or demonstrated using 
assistance provided under sections 3 and 4. This submission shall 
include, to the extent practicable, available information on a 
detailed water accounting by process and facility and the cost 
per acre foot of water produced and delivered.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 8 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104– 
298) is amended— 
(1) in subsection (a), by striking ‘‘2013’’ and inserting 
‘‘2021’’; and 
(2) in subsection (b), by striking ‘‘for each of fiscal years 
2012 through 2013’’ and inserting ‘‘for each of fiscal years 
2017 through 2021’’. 
(d) CONSULTATION.—Section 9 of the Water Desalination Act 
of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended— 
(1) by striking the section designation and heading and 
all that follows through ‘‘In carrying out’’ in the first sentence 
and inserting the following: 
‘‘SEC. 9. CONSULTATION AND COORDINATION. 
‘‘(a) CONSULTATION.—In carrying out’’; 
(2) in the second sentence, by striking ‘‘The authorization’’ 
and inserting the following: 
‘‘(c) OTHER DESALINATION PROGRAMS.—The authorization’’; and 
(3) by inserting after subsection (a) (as designated by para-
graph (1)) the following: 
‘‘(b) COORDINATION OF FEDERAL DESALINATION RESEARCH AND 
DEVELOPMENT.—The White House Office of Science and Technology 
Policy shall develop a coordinated strategic plan that— 
‘‘(1) establishes priorities for future Federal investments 
in desalination; 
‘‘(2) coordinates the activities of Federal agencies involved 
in desalination, including the Bureau of Reclamation, the Corps 
of Engineers, the United States Army Tank Automotive 
Research, Development and Engineering Center, the National 
Science Foundation, the Office of Naval Research of the Depart-
ment of Defense, the National Laboratories of the Department 
of Energy, the United States Geological Survey, the Environ-
mental Protection Agency, and the National Oceanic and 
Atmospheric Administration; 
‘‘(3) strengthens research and development cooperation 
with international partners, such as the State of Israel, in 
the area of desalination technology; and 
‘‘(4) promotes public-private partnerships to develop a 
framework for assessing needs for, and to optimize siting and 
design of, future ocean desalination projects.’’. 
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130 STAT. 1848 
PUBLIC LAW 114–322—DEC. 16, 2016 
Subtitle 
I—Amendments 
to 
the 
Great 
Lakes Fish and Wildlife Restoration Act 
of 1990 
SEC. 3901. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE 
RESTORATION ACT OF 1990. 
(a) REFERENCES.—Except as otherwise expressly provided, 
wherever in this section an amendment is expressed in terms 
of an amendment to a section or other provision, the reference 
shall be considered to be made to a section or other provision 
of the Great Lakes Fish and Wildlife Restoration Act of 1990 
(16 U.S.C. 941 et seq.). 
(b) FINDINGS.—The Act is amended by striking section 1002 
and inserting the following: 
‘‘SEC. 1002. FINDINGS. 
‘‘Congress finds that— 
‘‘(1) the Great Lakes have fish and wildlife communities 
that are structurally and functionally changing; 
‘‘(2) successful fish and wildlife management focuses on 
the lakes as ecosystems, and effective management requires 
the coordination and integration of efforts of many partners; 
‘‘(3) additional actions and better coordination are needed 
to protect and effectively manage the fish and wildlife resources, 
and the habitats on which the resources depend, in the Great 
Lakes Basin; and 
‘‘(4) this Act allows Federal agencies, States, and Indian 
tribes to work in an effective partnership by providing the 
funding for restoration work.’’. 
(c) IDENTIFICATION, REVIEW, AND IMPLEMENTATION
OF PRO-
POSALS AND REGIONAL PROJECTS.— 
(1) 
REQUIREMENTS
FOR
PROPOSALS
AND
REGIONAL 
PROJECTS.—Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is 
amended— 
(A) in clause (v), by striking ‘‘and’’ at the end; 
(B) in clause (vi), by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(vii) the strategic action plan of the Great Lakes 
Restoration Initiative; and 
‘‘(viii) each applicable State wildlife action plan.’’. 
(2) REVIEW OF PROPOSALS.—Section 1005(c)(2)(C) (16 U.S.C. 
941c(c)(2)(C)) is amended by striking ‘‘Great Lakes Coordinator 
of the’’. 
(3) COST SHARING.—Section 1005(e) (16 U.S.C. 941c(e)) is 
amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘Except as provided in paragraphs 
(2) and (4), not less than 25 percent of the cost of 
implementing a proposal’’ and inserting the following: 
‘‘(A) NON-FEDERAL SHARE.—Except as provided in para-
graphs (3) and (5) and subject to paragraph (2), not less 
than 25 percent of the cost of implementing a proposal 
or regional project’’; and 
(ii) by adding at the end the following: 
16 USC 941. 
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130 STAT. 1849 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(B) TIME PERIOD FOR PROVIDING MATCH.—The non- 
Federal share of the cost of implementing a proposal or 
regional project required under subparagraph (A) may be 
provided at any time during the 2-year period preceding 
January 1 of the year in which the Director receives the 
application for the proposal or regional project.’’; 
(B) by redesignating paragraphs (2) through (4) as 
paragraphs (3) through (5), respectively; and 
(C) by inserting before paragraph (3) (as so redesig-
nated) the following: 
‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Director may determine the 
non-Federal share under paragraph (1) by taking into 
account— 
‘‘(i) the appraised value of land or a conservation 
easement as described in subparagraph (B); or 
‘‘(ii) as described in subparagraph (C), the costs 
associated with— 
‘‘(I) securing a conservation easement; and 
‘‘(II) restoration or enhancement of the con-
servation easement. 
‘‘(B) APPRAISAL OF CONSERVATION EASEMENT.— 
‘‘(i) IN GENERAL.—The value of a conservation ease-
ment may be used to satisfy the non-Federal share 
of the cost of implementing a proposal or regional 
project required under paragraph (1)(A) if the Director 
determines that the conservation easement— 
‘‘(I) meets the requirements of subsection 
(b)(2); 
‘‘(II) is acquired before the end of the grant 
period of the proposal or regional project; 
‘‘(III) is held in perpetuity for the conservation 
purposes of the programs of the United States 
Fish and Wildlife Service related to the Great 
Lakes Basin, as described in section 1006, by an 
accredited land trust or conservancy or a Federal, 
State, or tribal agency; 
‘‘(IV) is connected either physically or through 
a conservation planning process to the proposal 
or regional project; and 
‘‘(V) is appraised in accordance with clause 
(ii). 
‘‘(ii) APPRAISAL.—With respect to the appraisal of 
a conservation easement described in clause (i)— 
‘‘(I) the appraisal valuation date shall be not 
later than 1 year after the price of the conservation 
easement was set under a contract; and 
‘‘(II) the appraisal shall— 
‘‘(aa) conform to the Uniform Standards 
of Professional Appraisal Practice (USPAP); 
and 
‘‘(bb) be completed by a Federal- or State- 
certified appraiser. 
‘‘(C) COSTS OF SECURING CONSERVATION EASEMENTS.— 
‘‘(i) 
IN
GENERAL.—All 
costs 
associated 
with 
securing a conservation easement and restoration or 
enhancement of that conservation easement may be 
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130 STAT. 1850 
PUBLIC LAW 114–322—DEC. 16, 2016 
used to satisfy the non-Federal share of the cost of 
implementing a proposal or regional project required 
under paragraph (1)(A) if the activities and expenses 
associated with securing the conservation easement 
and restoration or enhancement of that conservation 
easement meet the requirements of subparagraph 
(B)(i). 
‘‘(ii) INCLUSION.—The costs referred to in clause 
(i) may include cash, in-kind contributions, and indirect 
costs. 
‘‘(iii) EXCLUSION.—The costs referred to in clause 
(i) may not be costs associated with mitigation or litiga-
tion (other than costs associated with the Natural 
Resource Damage Assessment program).’’. 
(d) ESTABLISHMENT OF OFFICES.—Section 1007 (16 U.S.C. 941e) 
is amended— 
(1) in subsection (b)— 
(A) in the subsection heading, by striking ‘‘FISHERY 
RESOURCES’’ and inserting ‘‘FISH AND WILDLIFE CONSERVA-
TION’’; and 
(B) by striking ‘‘Fishery Resources’’ each place it 
appears and inserting ‘‘Fish and Wildlife Conservation’’; 
(2) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘FISHERY 
RESOURCES’’ and inserting ‘‘FISH AND WILDLIFE CONSERVA-
TION’’; and 
(B) by striking ‘‘Fishery Resources’’ each place it 
appears and inserting ‘‘Fish and Wildlife Conservation’’; 
(3) by striking subsection (a); and 
(4) by redesignating subsections (b) and (c) as subsections 
(a) and (b), respectively. 
(e) REPORTS.—Section 1008 (16 U.S.C. 941f) is amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by striking ‘‘2011’’ and inserting ‘‘2021’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘2007 through 2012’’ and inserting ‘‘2016 through 2020’’; 
and 
(B) in paragraph (5), by inserting ‘‘the Great Lakes 
Restoration Initiative Action Plan based on’’ after ‘‘in sup-
port of’’; and 
(3) by striking subsection (c) and inserting the following: 
‘‘(c) CONTINUED
MONITORING
AND
ASSESSMENT
OF
STUDY 
FINDINGS AND RECOMMENDATIONS.—The Director— 
‘‘(1) shall continue to monitor the status, and the assess-
ment, management, and restoration needs, of the fish and 
wildlife resources of the Great Lakes Basin; and 
‘‘(2) may reassess and update, as necessary, the findings 
and recommendations of the Report.’’. 
(f) AUTHORIZATION
OF
APPROPRIATIONS.—Section 1009 (16 
U.S.C. 941g) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘2007 
through 2012’’ and inserting ‘‘2016 through 2021’’; 
(2) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘$14,000,000’’ and inserting ‘‘$6,000,000’’; 
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130 STAT. 1851 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) in subparagraph (A), by striking ‘‘$4,600,000’’ and 
inserting ‘‘$2,000,000’’; and 
(C) in subparagraph (B), by striking ‘‘$700,000’’ and 
inserting ‘‘$300,000’’; and 
(3) in paragraph (2), by striking ‘‘the activities of’’ and 
all that follows through ‘‘section 1007’’ and inserting ‘‘the activi-
ties of the Upper Great Lakes Fish and Wildlife Conservation 
Offices and the Lower Great Lakes Fish and Wildlife Conserva-
tion Office under section 1007’’. 
(g) PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION 
OF INTERESTS IN LAND.—Section 1009 (16 U.S.C. 941g) is further 
amended— 
(1) by inserting before the sentence the following: 
‘‘(a) AUTHORIZATION.—’’; and 
(2) by adding at the end the following: 
‘‘(b) PROHIBITION ON USE OF FUNDS FOR FEDERAL ACQUISITION 
OF INTERESTS IN LAND.—No funds appropriated or used to carry 
out this Act may be used for acquisition by the Federal Government 
of any interest in land.’’. 
(h) CONFORMING AMENDMENT.—Section 8 of the Great Lakes 
Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; 
Public Law 109–326) is repealed. 
Subtitle J—California Water 
SEC. 4001. OPERATIONS AND REVIEWS. 
(a) WATER SUPPLIES.—The Secretary of the Interior and Sec-
retary of Commerce shall provide the maximum quantity of water 
supplies practicable to Central Valley Project agricultural, munic-
ipal and industrial contractors, water service or repayment contrac-
tors, water rights settlement contractors, exchange contractors, 
refuge contractors, and State Water Project contractors, by 
approving, in accordance with applicable Federal and State laws 
(including regulations), operations or temporary projects to provide 
additional water supplies as quickly as possible, based on available 
information. 
(b) ADMINISTRATION.—In carrying out subsection (a), the Sec-
retary of the Interior and Secretary of Commerce shall, consistent 
with applicable laws (including regulations)— 
(1)(A) in close coordination with the California Department 
of Water Resources and the California Department of Fish 
and Wildlife, implement a pilot project to test and evaluate 
the ability to operate the Delta cross-channel gates daily or 
as otherwise may be appropriate to keep them open to the 
greatest extent practicable to protect out-migrating salmonids, 
manage salinities in the interior Delta and any other water 
quality issues, and maximize Central Valley Project and State 
Water Project pumping, subject to the condition that the pilot 
project shall be designed and implemented consistent with oper-
ational criteria and monitoring criteria required by the Cali-
fornia State Water Resources Control Board; and 
(B) design, implement, and evaluate such real-time moni-
toring capabilities to enable effective real-time operations of 
the cross channel in order efficiently to meet the objectives 
described in subparagraph (A); 
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130 STAT. 1852 
PUBLIC LAW 114–322—DEC. 16, 2016 
(2) with respect to the operation of the Delta cross-channel 
gates described in paragraph (1), collect data on the impact 
of that operation on— 
(A) species listed as threatened or endangered under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.); 
(B) water quality; and 
(C) water supply benefits; 
(3) collaborate with the California Department of Water 
Resources to install a deflection barrier at Georgiana Slough 
and the Delta Cross Channel Gate to protect migrating 
salmonids, consistent with knowledge gained from activities 
carried out during 2014 and 2015; 
(4) upon completion of the pilot project in paragraph (1), 
submit to the Senate Committees on Energy and Natural 
Resources and Environment and Public Works and the House 
Committee on Natural Resources a written notice and expla-
nation on the extent to which the gates are able to remain 
open and the pilot project achieves all the goals set forth 
in paragraphs (1) through (3); 
(5) implement turbidity control strategies that may allow 
for increased water deliveries while avoiding jeopardy to adult 
Delta smelt (Hypomesus transpacificus); 
(6) in a timely manner, evaluate any proposal to increase 
flow in the San Joaquin River through a voluntary sale, 
transfer, or exchange of water from an agency with rights 
to divert water from the San Joaquin River or its tributaries; 
(7) adopt a 1:1 inflow to export ratio for the increment 
of increased flow, as measured as a 3-day running average 
at Vernalis during the period from April 1 through May 31, 
that results from the voluntary sale, transfer, or exchange, 
unless the Secretary of the Interior and Secretary of Commerce 
determine in writing that a 1:1 inflow to export ratio for that 
increment of increased flow will cause additional adverse effects 
on listed salmonid species beyond the range of the effects 
anticipated to occur to the listed salmonid species for the dura-
tion of the salmonid biological opinion using the best scientific 
and commercial data available; and subject to the condition 
that any individual sale, transfer, or exchange using a 1:1 
inflow to export ratio adopted under the authority of this section 
may only proceed if— 
(A) the Secretary of the Interior determines that the 
environmental effects of the proposed sale, transfer, or 
exchange are consistent with effects permitted under 
applicable law (including the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1381 et seq.), and the Porter-Cologne 
Water Quality Control Act (California Water Code 13000 
et seq.)); 
(B) Delta conditions are suitable to allow movement 
of the acquired, transferred, or exchanged water through 
the Delta consistent with existing Central Valley Project 
and State Water Project permitted water rights and the 
requirements of subsection (a)(1)(H) of the Central Valley 
Project Improvement Act; and 
(C) such voluntary sale, transfer, or exchange of water 
results in flow that is in addition to flow that otherwise 
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130 STAT. 1853 
PUBLIC LAW 114–322—DEC. 16, 2016 
would occur in the absence of the voluntary sale, transfer, 
or exchange; 
(8)(A) issue all necessary permit decisions during emer-
gency consultation under the authority of the Secretary of 
the Interior and Secretary of Commerce not later than 60 
days after receiving a completed application by the State to 
place and use temporary barriers or operable gates in Delta 
channels to improve water quantity and quality for State Water 
Project and Central Valley Project south-of-Delta water contrac-
tors and other water users, which barriers or gates shall provide 
benefits for species protection and in-Delta water user water 
quality, provided that they are designed so that, if practicable, 
formal consultations under section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536) are not necessary; and 
(B) take longer to issue the permit decisions in subpara-
graph (A) only if the Secretary determines in writing that 
an Environmental Impact Statement is needed for the proposal 
to comply with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
(9) allow and facilitate, consistent with existing priorities, 
water transfers through the C.W. ‘‘Bill’’ Jones Pumping Plant 
or the Harvey O. Banks Pumping Plant from April 1 to 
November 30; 
(10) require the Director of the United States Fish and 
Wildlife Service and the Commissioner of Reclamation to— 
(A) determine if a written transfer proposal is complete 
within 30 days after the date of submission of the proposal. 
If the contracting district or agency or the Secretary deter-
mines that the proposal is incomplete, the district or agency 
or the Secretary shall state with specificity what must 
be added to or revised for the proposal to be complete; 
(B) complete all requirements under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. et 
seq.) necessary to make final permit decisions on water 
transfer requests in the State, not later than 45 days 
after receiving a completed request; 
(C) take longer to issue the permit decisions in 
subparagraph (B) only if the Secretary determines in 
writing that an Environmental Impact Statement is needed 
for the proposal to comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. et seq.), or that the application 
is incomplete pursuant to subparagraph (A); and 
(D) approve any water transfer request described in 
subparagraph (A) to maximize the quantity of water sup-
plies on the condition that actions associated with the 
water transfer are consistent with— 
(i) existing Central Valley Project and State Water 
Project permitted water rights and the requirements 
of section 3405(a)(1)(H) of the Central Valley Project 
Improvement Act; and 
(ii) all other applicable laws and regulations; 
(11) in coordination with the Secretary of Agriculture, enter 
into an agreement with the National Academy of Sciences to 
conduct a comprehensive study, to be completed not later than 
1 year after the date of enactment of this subtitle, on the 
effectiveness and environmental impacts of salt cedar biological 
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130 STAT. 1854 
PUBLIC LAW 114–322—DEC. 16, 2016 
control efforts on increasing water supplies and improving 
riparian habitats of the Colorado River and its principal tribu-
taries, in the State of California and elsewhere; 
(12) pursuant to the research and adaptive management 
procedures of the smelt biological opinion and the salmonid 
biological opinion use all available scientific tools to identify 
any changes to the real-time operations of Bureau of Reclama-
tion, State, and local water projects that could result in the 
availability of additional water supplies; and 
(13) determine whether alternative operational or other 
management measures would meet applicable regulatory 
requirements for listed species while maximizing water supplies 
and water supply reliability; and 
(14) continue to vary the averaging period of the Delta 
Export/Inflow ratio, to the extent consistent with any applicable 
State Water Resources Control Board orders under decision 
D–1641, to operate to a 
(A) ratio using a 3-day averaging period on the rising 
limb of a Delta inflow hydrograph; and 
(B) 14-day averaging period on the falling limb of the 
Delta inflow hydrograph. 
(c) OTHER AGENCIES.—To the extent that a Federal agency 
other than the Department of the Interior and the Department 
of Commerce has a role in approving projects described in sub-
sections (a) and (b), this section shall apply to the Federal agency. 
(d) ACCELERATED PROJECT DECISION AND ELEVATION.— 
(1) IN GENERAL.—On request of the Governor of California, 
the Secretary of the Interior and Secretary of Commerce shall 
use the expedited procedures under this subsection to make 
final decisions relating to Federal or federally approved projects 
or operational changes proposed pursuant to subsections (a) 
and (b) to provide additional water supplies or otherwise 
address emergency drought conditions. 
(2) REQUEST FOR RESOLUTION.—Not later than 7 days after 
receiving a request of the Governor of California, the Secretaries 
referred to in paragraph (1), or the head of another Federal 
agency responsible for carrying out a review of a project, as 
applicable, the Secretary of the Interior shall convene a final 
project decision meeting with the heads of all relevant Federal 
agencies to decide whether to approve a project to provide 
emergency water supplies or otherwise address emergency 
drought condition. 
(3) NOTIFICATION.—Upon receipt of a request for a meeting 
under this subsection, the Secretary of the Interior shall notify 
the heads of all relevant Federal agencies of the request, 
including a description of the project to be reviewed and the 
date for the meeting. 
(4) DECISION.—Not later than 10 days after the date on 
which a meeting is requested under paragraph (2), the head 
of the relevant Federal agency shall issue a final decision 
on the project. 
(2) MEETING CONVENED BY SECRETARY.—The Secretary of 
the Interior may convene a final project decision meeting under 
this subsection at any time, at the discretion of the Secretary, 
regardless of whether a meeting is requested under paragraph 
(2). 
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130 STAT. 1855 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) LIMITATION.—The expedited procedures under this sub-
section apply only to— 
(A) proposed new Federal projects or operational 
changes pursuant to subsection (a) or (b); and 
(B) the extent they are consistent with applicable laws 
(including regulations). 
(e) OPERATIONS PLAN.—The Secretaries of Commerce and the 
Interior, in consultation with appropriate State officials, shall 
develop an operations plan that is consistent with the provisions 
of this subtitle and other applicable Federal and State laws, 
including provisions that are intended to provide additional water 
supplies that could be of assistance during the current drought. 
SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR 
FLOW REQUIREMENTS. 
(a) IN GENERAL.—In implementing the provisions of the smelt 
biological opinion and the salmonid biological opinion, the Secretary 
of the Interior and the Secretary of Commerce shall manage reverse 
flow in Old and Middle Rivers at the most negative reverse flow 
rate allowed under the applicable biological opinion to maximize 
water supplies for the Central Valley Project and the State Water 
Project, unless that management of reverse flow in Old and Middle 
Rivers to maximize water supplies would cause additional adverse 
effects on the listed fish species beyond the range of effects antici-
pated to occur to the listed fish species for the duration of the 
applicable biological opinion, or would be inconsistent with 
applicable State law requirements, including water quality, salinity 
control, and compliance with State Water Resources Control Board 
Order D–1641 or a successor order. 
(b) REQUIREMENTS.—If the Secretary of the Interior or Secretary 
of Commerce determines to manage rates of pumping at the C.W. 
‘‘Bill’’ Jones and the Harvey O. Banks pumping plants in the 
southern Delta to achieve a reverse OMR flow rate less negative 
than the most negative reverse flow rate prescribed by the 
applicable biological opinion, the Secretary shall— 
(1) document in writing any significant facts regarding 
real-time conditions relevant to the determinations of OMR 
reverse flow rates, including— 
(A) targeted real-time fish monitoring in the Old River 
pursuant to this section, including as it pertains to the 
smelt biological opinion monitoring of Delta smelt in the 
vicinity of Station 902; 
(B) near-term forecasts with available salvage models 
under prevailing conditions of the effects on the listed 
species of OMR flow at the most negative reverse flow 
rate prescribed by the biological opinion; and 
(C) any requirements under applicable State law; and 
(2) explain in writing why any decision to manage OMR 
reverse flow at rates less negative than the most negative 
reverse flow rate prescribed by the biological opinion is nec-
essary to avoid additional adverse effects on the listed fish 
species beyond the range of effects anticipated to occur to 
the listed fish species for the duration of the applicable 
biological opinion, after considering relevant factors such as— 
(A) the distribution of the listed species throughout 
the Delta; 
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130 STAT. 1856 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) the potential effects of high entrainment risk on 
subsequent species abundance; 
(C) the water temperature; 
(D) other significant factors relevant to the determina-
tion, as required by applicable Federal or State laws; 
(E) turbidity; and 
(F) whether any alternative measures could have a 
substantially lesser water supply impact. 
(c) LEVEL OF DETAIL REQUIRED.—The analyses and documenta-
tion required by this section shall be comparable to the depth 
and complexity as is appropriate for real time decision-making. 
This section shall not be interpreted to require a level of administra-
tive findings and documentation that could impede the execution 
of effective real time adaptive management. 
(d) FIRST SEDIMENT FLUSH.—During the first flush of sediment 
out of the Delta in each water year, and provided that such deter-
mination is based upon objective evidence, notwithstanding sub-
section (a), the Secretary of the Interior shall manage OMR flow 
pursuant to the provisions of the smelt biological opinion that 
protects adult Delta smelt from the first flush if required to do 
so by the smelt biological opinion. 
(e) CONSTRUCTION.—The Secretary of the Interior and the Sec-
retary of Commerce are authorized to implement subsection (a) 
consistent with the results of monitoring through Early Warning 
Surveys to make real time operational decisions consistent with 
the current applicable biological opinion. 
(f) CALCULATION OF REVERSE FLOW IN OMR.—Within 180 days 
of the enactment of this subtitle, the Secretary of the Interior 
is directed, in consultation with the California Department of Water 
Resources, and consistent with the smelt biological opinion and 
the salmonid biological opinion, to review, modify, and implement, 
if appropriate, the method used to calculate reverse flow in Old 
and Middle Rivers, for implementation of the reasonable and pru-
dent alternatives in the smelt biological opinion and the salmonid 
biological opinion, and any succeeding biological opinions. 
SEC. 4003. TEMPORARY OPERATIONAL FLEXIBILITY FOR STORM 
EVENTS. 
(a) IN GENERAL.— 
(1) Nothing in this subtitle authorizes additional adverse 
effects on listed species beyond the range of the effects antici-
pated to occur to the listed species for the duration of the 
smelt biological opinion or salmonid biological opinion, using 
the best scientific and commercial data available. 
(2) When consistent with the environmental protection 
mandate in paragraph (1) while maximizing water supplies 
for Central Valley Project and State Water Project contractors, 
the Secretary of the Interior and the Secretary of Commerce, 
through an operations plan, shall evaluate and may authorize 
the Central Valley Project and the State Water Project, com-
bined, to operate at levels that result in OMR flows more 
negative than the most negative reverse flow rate prescribed 
by the applicable biological opinion (based on United States 
Geological Survey gauges on Old and Middle Rivers) daily 
average as described in subsections (b) and (c) to capture peak 
flows during storm-related events. 
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130 STAT. 1857 
PUBLIC LAW 114–322—DEC. 16, 2016 
(b) FACTORS TO BE CONSIDERED.—In determining additional 
adverse effects on any listed fish species beyond the range of effects 
anticipated to occur to the listed fish species for the duration 
of the smelt biological opinion or salmonid biological opinion, using 
the best scientific and commercial data available, the Secretaries 
of the Interior and Commerce may consider factors including: 
(1) The degree to which the Delta outflow index indicates 
a higher level of flow available for diversion. 
(2) Relevant physical parameters including projected 
inflows, turbidity, salinities, and tidal cycles. 
(3) The real-time distribution of listed species. 
(c) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) STATE LAW.—The actions of the Secretary of the Interior 
and the Secretary of Commerce under this section shall be 
consistent with applicable regulatory requirements under State 
law. 
(2) FIRST SEDIMENT FLUSH.—During the first flush of sedi-
ment out of the Delta in each water year, and provided that 
such determination is based upon objective evidence, the Sec-
retary of the Interior shall manage OMR flow pursuant to 
the portion of the smelt biological opinion that protects adult 
Delta smelt from the first flush if required to do so by the 
smelt biological opinion. 
(3) APPLICABILITY OF OPINION.—This section shall not affect 
the application of the salmonid biological opinion from April 
1 to May 31, unless the Secretary of Commerce finds that 
some or all of such applicable requirements may be adjusted 
during this time period to provide emergency water supply 
relief without resulting in additional adverse effects on listed 
salmonid species beyond the range of the effects anticipated 
to occur to the listed salmonid species for the duration of 
the salmonid biological opinion using the best scientific and 
commercial data available. In addition to any other actions 
to benefit water supply, the Secretary of the Interior and the 
Secretary of Commerce shall consider allowing through-Delta 
water transfers to occur during this period if they can be 
accomplished consistent with section 3405(a)(1)(H) of the Cen-
tral Valley Project Improvement Act and other applicable law. 
Water transfers solely or exclusively through the State Water 
Project are not required to be consistent with subsection 
(a)(1)(H) of the Central Valley Project Improvement Act. 
(4) MONITORING.—During operations under this section, 
the Commissioner of Reclamation, in coordination with the 
Fish and Wildlife Service, National Marine Fisheries Service, 
and California Department of Fish and Wildlife, shall under-
take expanded monitoring programs and other data gathering 
to improve the efficiency of operations for listed species protec-
tions and Central Valley Project and State Water Project water 
supply to ensure incidental take levels are not exceeded, and 
to identify potential negative impacts, if any. 
(d) EFFECT
OF
HIGH
OUTFLOWS.—When exercising their 
authorities to capture peak flows pursuant to subsection (c), the 
Secretary of the Interior and the Secretary of Commerce shall 
not count such days toward the 5-day and 14-day running averages 
of tidally filtered daily Old and Middle River flow requirements 
under the smelt biological opinion and salmonid biological opinion, 
unless doing so is required to avoid additional adverse effects on 
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130 STAT. 1858 
PUBLIC LAW 114–322—DEC. 16, 2016 
listed fish species beyond those anticipated to occur through 
implementation of the smelt biological opinion and salmonid 
biological opinion using the best scientific and commercial data 
available. 
(e) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.—In articulating 
the determinations required under this section, the Secretary of 
the Interior and the Secretary of Commerce shall fully satisfy 
the requirements herein but shall not be expected to provide a 
greater level of supporting detail for the analysis than feasible 
to provide within the short timeframe permitted for timely real- 
time decisionmaking in response to changing conditions in the 
Delta. 
SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS. 
(a) RESOLUTION OF WATER RESOURCE ISSUES.—In furtherance 
of the policy established by section 2(c)(2) of the Endangered Species 
Act of 1973, that Federal agencies shall cooperate with State and 
local agencies to resolve water resource issues in concert with 
conservation of endangered species, in any consultation or recon-
sultation on the coordinated operations of the Central Valley Project 
and the State Water Project, the Secretaries of the Interior and 
Commerce shall ensure that any public water agency that contracts 
for the delivery of water from the Central Valley Project or the 
State Water Project that so requests shall— 
(1) have routine and continuing opportunities to discuss 
and submit information to the action agency for consideration 
during the development of any biological assessment; 
(2) be informed by the action agency of the schedule for 
preparation of a biological assessment; 
(3) be informed by the consulting agency, the U.S. Fish 
and Wildlife Service or the National Marine Fisheries Service, 
of the schedule for preparation of the biological opinion at 
such time as the biological assessment is submitted to the 
consulting agency by the action agency; 
(4) receive a copy of any draft biological opinion and have 
the opportunity to review that document and provide comment 
to the consulting agency through the action agency, which 
comments will be afforded due consideration during the con-
sultation; 
(5) have the opportunity to confer with the action agency 
and applicant, if any, about reasonable and prudent alter-
natives prior to the action agency or applicant identifying one 
or more reasonable and prudent alternatives for consideration 
by the consulting agency; and 
(6) where the consulting agency suggests a reasonable and 
prudent alternative be informed— 
(A) how each component of the alternative will con-
tribute to avoiding jeopardy or adverse modification of crit-
ical habitat and the scientific data or information that 
supports each component of the alternative; and 
(B) why other proposed alternative actions that would 
have fewer adverse water supply and economic impacts 
are inadequate to avoid jeopardy or adverse modification 
of critical habitat. 
(b) INPUT.—When consultation is ongoing, the Secretaries of 
the Interior and Commerce shall regularly solicit input from and 
report their progress to the Collaborative Adaptive Management 
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130 STAT. 1859 
PUBLIC LAW 114–322—DEC. 16, 2016 
Team and the Collaborative Science and Adaptive Management 
Program policy group. The Collaborative Adaptive Management 
Team and the Collaborative Science and Adaptive Management 
Program policy group may provide the Secretaries with rec-
ommendations to improve the effects analysis and Federal agency 
determinations. The Secretaries shall give due consideration to 
the recommendations when developing the Biological Assessment 
and Biological Opinion. 
(c) MEETINGS.—The Secretaries shall establish a quarterly 
stakeholder meeting during any consultation or reconsultation for 
the purpose of providing updates on the development of the 
Biological Assessment and Biological Opinion. The quarterly stake-
holder meeting shall be open to stakeholders identified by the 
Secretaries representing a broad range of interests including 
environmental, recreational and commercial fishing, agricultural, 
municipal, Delta, and other regional interests, and including stake-
holders that are not state or local agencies. 
(d) CLARIFICATION.—Neither subsection (b) or (c) of this section 
may be used to meet the requirements of subsection (a). 
(e) NON-APPLICABILITY
OF FACA.—For the purposes of sub-
section (b), the Collaborative Adaptive Management Team, the 
Collaborative Science and Adaptive Management Program policy 
group, and any recommendations made to the Secretaries, are 
exempt from the Federal Advisory Committee Act. 
SEC. 4005. PROTECTIONS. 
(a) APPLICABILITY.—This section shall apply only to sections 
4001 through 4006. 
(b) OFFSET FOR STATE WATER PROJECT.— 
(1) IMPLEMENTATION
IMPACTS.—The Secretary of the 
Interior shall confer with the California Department of Fish 
and Wildlife in connection with the implementation of the 
applicable provisions of this subtitle on potential impacts to 
any consistency determination for operations of the State Water 
Project issued pursuant to California Fish and Game Code 
section 2080.1. 
(2) ADDITIONAL YIELD.—If, as a result of the application 
of the applicable provisions of this subtitle, the California 
Department of Fish and Wildlife— 
(A) determines that operations of the State Water 
Project are inconsistent with the consistency determina-
tions issued pursuant to California Fish and Game Code 
section 2080.1 for operations of the State Water Project; 
or 
(B) requires take authorization under California Fish 
and Game Code section 2081 for operation of the State 
Water Project; 
in a manner that directly or indirectly results in reduced water 
supply to the State Water Project as compared with the water 
supply available under the smelt biological opinion and the 
salmonid biological opinion; and as a result, Central Valley 
Project yield is greater than it otherwise would have been, 
then that additional yield shall be made available to the State 
Water Project for delivery to State Water Project contractors 
to offset that reduced water supply, provided that if it is nec-
essary to reduce water supplies for any Central Valley Project 
authorized uses or contractors to make available to the State 
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130 STAT. 1860 
PUBLIC LAW 114–322—DEC. 16, 2016 
Water Project that additional yield, such reductions shall be 
applied proportionately to those uses or contractors that benefit 
from that increased yield. 
(3) NOTIFICATION
RELATED
TO
ENVIRONMENTAL
PROTEC-
TIONS.—The Secretary of the Interior and Secretary of Com-
merce shall— 
(A) notify the Director of the California Department 
of Fish and Wildlife regarding any changes in the manner 
in which the smelt biological opinion or the salmonid 
biological opinion is implemented; and 
(B) confirm that those changes are consistent with 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.). 
(4) SAVINGS.—Nothing in the applicable provisions of this 
subtitle shall have any effect on the application of the California 
Endangered Species Act (California Fish and Game Code sec-
tions 2050 through 2116). 
(c) AREA OF ORIGIN AND WATER RIGHTS PROTECTIONS.— 
(1) IN GENERAL.—The Secretary of the Interior and the 
Secretary of Commerce, in carrying out the mandates of the 
applicable provisions of this subtitle, shall take no action that— 
(A) diminishes, impairs, or otherwise affects in any 
manner any area of origin, watershed of origin, county 
of origin, or any other water rights protection, including 
rights to water appropriated before December 19, 1914, 
provided under State law; 
(B) limits, expands or otherwise affects the application 
of section 10505, 10505.5, 11128, 11460, 11461, 11462, 
11463 or 12200 through 12220 of the California Water 
Code or any other provision of State water rights law, 
without respect to whether such a provision is specifically 
referred to in this section; or 
(C) diminishes, impairs, or otherwise affects in any 
manner any water rights or water rights priorities under 
applicable law. 
(2) EFFECT OF ACT.— 
(A) Nothing in the applicable provisions of this subtitle 
affects or modifies any obligation of the Secretary of the 
Interior under section 8 of the Act of June 17, 1902 (32 
Stat. 390, chapter 1093). 
(B) Nothing in the applicable provisions of this subtitle 
diminishes, impairs, or otherwise affects in any manner 
any Project purposes or priorities for the allocation, delivery 
or use of water under applicable law, including the Project 
purposes and priorities established under section 3402 and 
section 3406 of the Central Valley Project Improvement 
Act (Public Law 102–575; 106 Stat. 4706). 
(d) NO REDIRECTED ADVERSE IMPACTS.— 
(1) IN GENERAL.—The Secretary of the Interior and Sec-
retary of Commerce shall not carry out any specific action 
authorized under the applicable provisions of this subtitle that 
would directly or through State agency action indirectly result 
in the involuntary reduction of water supply to an individual, 
district, or agency that has in effect a contract for water with 
the State Water Project or the Central Valley Project, including 
Settlement and Exchange contracts, refuge contracts, and 
Friant Division contracts, as compared to the water supply 
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130 STAT. 1861 
PUBLIC LAW 114–322—DEC. 16, 2016 
that would be provided in the absence of action under this 
subtitle, and nothing in this section is intended to modify, 
amend or affect any of the rights and obligations of the parties 
to such contracts. 
(2) ACTION
ON
DETERMINATION.—If, after exploring all 
options, the Secretary of the Interior or the Secretary of Com-
merce makes a final determination that a proposed action under 
the applicable provisions of this subtitle cannot be carried out 
in accordance with paragraph (1), that Secretary— 
(A) shall document that determination in writing for 
that action, including a statement of the facts relied on, 
and an explanation of the basis, for the decision; and 
(B) is subject to applicable law, including the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
(e) ALLOCATIONS
FOR SACRAMENTO VALLEY WATER SERVICE 
CONTRACTORS.— 
(1) DEFINITIONS.—In this subsection: 
(A) EXISTING CENTRAL VALLEY PROJECT AGRICULTURAL 
WATER
SERVICE
CONTRACTOR
WITHIN
THE
SACRAMENTO 
RIVER
WATERSHED.—The term ‘‘existing Central Valley 
Project agricultural water service contractor within the 
Sacramento River Watershed’’ means any water service 
contractor within the Shasta, Trinity, or Sacramento River 
division of the Central Valley Project that has in effect 
a water service contract on the date of enactment of this 
subtitle that provides water for irrigation. 
(B) YEAR TERMS.—The terms ‘‘Above Normal’’, ‘‘Below 
Normal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, have 
the meanings given those terms in the Sacramento Valley 
Water Year Type (40–30–30) Index. 
(2) ALLOCATIONS OF WATER.— 
(A) ALLOCATIONS.—Subject to paragraph (3), the Sec-
retary of the Interior shall make every reasonable effort 
in the operation of the Central Valley Project to allocate 
water provided for irrigation purposes to each existing Cen-
tral Valley Project agricultural water service contractor 
within the Sacramento River Watershed in accordance with 
the following: 
(i) Not less than 100 percent of the contract 
quantity of the existing Central Valley Project agricul-
tural water service contractor within the Sacramento 
River Watershed in a ‘‘Wet’’ year. 
(ii) Not less than 100 percent of the contract 
quantity of the existing Central Valley Project agricul-
tural water service Contractor within the Sacramento 
River Watershed in an ‘‘Above Normal’’ year. 
(iii) Not less than 100 percent of the contract 
quantity of the existing Central Valley Project agricul-
tural water service contractor within the Sacramento 
River Watershed in a ‘‘Below Normal’’ year that is 
preceded by an ‘‘Above Normal’’ or ‘‘Wet’’ year. 
(iv) Not less than 50 percent of the contract 
quantity of the existing Central Valley Project agricul-
tural water service contractor within the Sacramento 
River Watershed in a ‘‘Dry’’ year that is preceded by 
a ‘‘Below Normal’’, ‘‘Above Normal’’, or ‘‘Wet’’ year. 
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130 STAT. 1862 
PUBLIC LAW 114–322—DEC. 16, 2016 
(v) In any other year not identified in any of 
clauses (i) through (iv), not less than twice the alloca-
tion percentage to south-of-Delta Central Valley Project 
agricultural water service contractors, up to 100 per-
cent. 
(B) EFFECT OF CLAUSE.—In the event of anomalous 
circumstances, nothing in clause (A)(v) precludes an alloca-
tion to an existing Central Valley Project agricultural water 
service contractor within the Sacramento River Watershed 
that is greater than twice the allocation percentage to 
a south-of-Delta Central Valley Project agricultural water 
service contractor. 
(3) PROTECTION OF ENVIRONMENT, MUNICIPAL AND INDUS-
TRIAL SUPPLIES, AND OTHER CONTRACTORS.— 
(A) ENVIRONMENT.—Nothing in paragraph (2) shall 
adversely affect any protections for the environment, 
including— 
(i) the obligation of the Secretary of the Interior 
to make water available to managed wetlands pursuant 
to section 3406(d) of the Central Valley Project 
Improvement Act (Public Law 102–575; 106 Stat. 
4722); or 
(ii) any obligation— 
(I) of the Secretary of the Interior and the 
Secretary of Commerce under the smelt biological 
opinion, the salmonid biological opinion, or any 
other applicable biological opinion; including the 
Shasta Dam cold water pool requirements as set 
forth in the salmonid biological opinion or any 
other applicable State or Federal law (including 
regulations); or 
(II) under the Endangered Species Act of 1973 
(16 U.S.C. et seq.), the Central Valley Project 
Improvement Act (Public Law 102–575; 106 Stat. 
4706), or any other applicable State or Federal 
law (including regulations). 
(B) MUNICIPAL AND INDUSTRIAL SUPPLIES.—Nothing in 
paragraph (2) shall— 
(i) modify any provision of a water service contract 
that addresses municipal or industrial water shortage 
policies of the Secretary of the Interior and the Sec-
retary of Commerce; 
(ii) affect or limit the authority of the Secretary 
of the Interior and the Secretary of Commerce to adopt 
or modify municipal and industrial water shortage poli-
cies; 
(iii) affect or limit the authority of the Secretary 
of the Interior and the Secretary of Commerce to imple-
ment a municipal or industrial water shortage policy; 
(iv) constrain, govern, or affect, directly or 
indirectly, the operations of the American River divi-
sion of the Central Valley Project or any deliveries 
from that division or a unit or facility of that division; 
or 
(v) affects any allocation to a Central Valley Project 
municipal or industrial water service contractor by 
increasing or decreasing allocations to the contractor, 
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130 STAT. 1863 
PUBLIC LAW 114–322—DEC. 16, 2016 
as compared to the allocation the contractor would 
have received absent paragraph (2). 
(C) OTHER CONTRACTORS.—Nothing in paragraph (2) 
shall— 
(i) affect the priority of any individual or entity 
with a Sacramento River settlement contract over 
water service or repayment contractors; 
(ii) affect the obligation of the United States to 
make a substitute supply of water available to the 
San Joaquin River exchange contractors; 
(iii) affect the allocation of water to Friant division 
contractors of the Central Valley Project; 
(iv) result in the involuntary reduction in contract 
water allocations to individuals or entities with con-
tracts to receive water from the Friant division; 
(v) result in the involuntary reduction in water 
allocations to refuge contractors; or 
(vi) authorize any actions inconsistent with State 
water rights law. 
SEC. 4006. NEW MELONES RESERVOIR. 
The Commissioner is directed to work with local water and 
irrigation districts in the Stanislaus River Basin to ascertain the 
water storage made available by the Draft Plan of Operations 
in New Melones Reservoir (DRPO) for water conservation programs, 
conjunctive use projects, water transfers, rescheduled project water 
and other projects to maximize water storage and ensure the bene-
ficial use of the water resources in the Stanislaus River Basin. 
All such programs and projects shall be implemented according 
to all applicable laws and regulations. The source of water for 
any such storage program at New Melones Reservoir shall be made 
available under a valid water right, consistent with the State water 
transfer guidelines and any other applicable State water law. The 
Commissioner shall inform the Congress within 18 months setting 
forth the amount of storage made available by the DRPO that 
has been put to use under this program, including proposals 
received by the Commissioner from interested parties for the pur-
pose of this section. 
SEC. 4007. STORAGE. 
(a) DEFINITIONS.—In this subtitle: 
(1) FEDERALLY OWNED STORAGE PROJECT.—The term ‘‘feder-
ally owned storage project’’ means any project involving a sur-
face water storage facility in a Reclamation State— 
(A) to which the United States holds title; and 
(B) that was authorized to be constructed, operated, 
and maintained pursuant to the reclamation laws. 
(2) STATE-LED STORAGE PROJECT.—The term ‘‘State-led stor-
age project’’ means any project in a Reclamation State that— 
(A) involves a groundwater or surface water storage 
facility constructed, operated, and maintained by any State, 
department of a State, subdivision of a State, or public 
agency organized pursuant to State law; and 
(B) provides a benefit in meeting any obligation under 
Federal law (including regulations). 
(b) FEDERALLY OWNED STORAGE PROJECTS.— 
(1) AGREEMENTS.—On the request of any State, any depart-
ment, agency, or subdivision of a State, or any public agency 
43 USC 390b 
note. 
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130 STAT. 1864 
PUBLIC LAW 114–322—DEC. 16, 2016 
organized pursuant to State law, the Secretary of the Interior 
may negotiate and enter into an agreement on behalf of the 
United States for the design, study, and construction or expan-
sion of any federally owned storage project in accordance with 
this section. 
(2) FEDERAL COST SHARE.—Subject to the requirements of 
this subsection, the Secretary of the Interior may participate 
in a federally owned storage project in an amount equal to 
not more than 50 percent of the total cost of the federally 
owned storage project. 
(3) COMMENCEMENT.—The construction of a federally 
owned storage project that is the subject of an agreement 
under this subsection shall not commence until the Secretary 
of the Interior— 
(A) determines that the proposed federally owned stor-
age project is feasible in accordance with the reclamation 
laws; 
(B) secures an agreement providing upfront funding 
as is necessary to pay the non-Federal share of the capital 
costs; and 
(C) determines that, in return for the Federal cost- 
share investment in the federally owned storage project, 
at least a proportionate share of the project benefits are 
Federal benefits, including water supplies dedicated to spe-
cific purposes such as environmental enhancement and 
wildlife refuges. 
(4) ENVIRONMENTAL LAWS.—In participating in a federally 
owned storage project under this subsection, the Secretary of 
the Interior shall comply with all applicable environmental 
laws, including the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
(c) STATE-LED STORAGE PROJECTS.— 
(1) IN GENERAL.—Subject to the requirements of this sub-
section, the Secretary of the Interior may participate in a 
State-led storage project in an amount equal to not more than 
25 percent of the total cost of the State-led storage project. 
(2) REQUEST BY GOVERNOR.—Participation by the Secretary 
of the Interior in a State-led storage project under this sub-
section shall not occur unless— 
(A) the participation has been requested by the Gov-
ernor of the State in which the State-led storage project 
is located; 
(B) the State or local sponsor determines, and the 
Secretary of the Interior concurs, that— 
(i) the State-led storage project is technically and 
financially feasible and provides a Federal benefit in 
accordance with the reclamation laws; 
(ii) sufficient non-Federal funding is available to 
complete the State-led storage project; and 
(iii) the State-led storage project sponsors are 
financially solvent; 
(C) the Secretary of the Interior determines that, in 
return for the Federal cost-share investment in the State- 
led storage project, at least a proportional share of the 
project benefits are the Federal benefits, including water 
supplies dedicated to specific purposes such as environ-
mental enhancement and wildlife refuges; and 
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130 STAT. 1865 
PUBLIC LAW 114–322—DEC. 16, 2016 
(D) the Secretary of the Interior submits to Congress 
a written notification of these determinations within 30 
days of making such determinations. 
(3) ENVIRONMENTAL LAWS.—When participating in a State- 
led storage project under this subsection, the Secretary shall 
comply with all applicable environmental laws, including the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(4) INFORMATION.—When participating in a State-led stor-
age project under this subsection, the Secretary of the Interior— 
(A) may rely on reports prepared by the sponsor of 
the State-led storage project, including feasibility (or 
equivalent) studies, environmental analyses, and other 
pertinent reports and analyses; but 
(B) shall retain responsibility for making the inde-
pendent determinations described in paragraph (2). 
(d) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of the 
Interior may provide financial assistance under this subtitle to 
carry out projects within any Reclamation State. 
(e) RIGHTS TO USE CAPACITY.—Subject to compliance with State 
water rights laws, the right to use the capacity of a federally 
owned storage project or State-led storage project for which the 
Secretary of the Interior has entered into an agreement under 
this subsection shall be allocated in such manner as may be mutu-
ally agreed to by the Secretary of the Interior and each other 
party to the agreement. 
(f) COMPLIANCE WITH CALIFORNIA WATER BOND.— 
(1) IN
GENERAL.—The provision of Federal funding for 
construction of a State-led storage project in the State of Cali-
fornia shall be subject to the condition that the California 
Water Commission shall determine that the State-led storage 
project is consistent with the California Water Quality, Supply, 
and Infrastructure Improvement Act, approved by California 
voters on November 4, 2014. 
(2) APPLICABILITY.—This subsection expires on the date 
on which State bond funds available under the Act referred 
to in paragraph (1) are expended. 
(g) PARTNERSHIP
AND AGREEMENTS.—The Secretary of the 
Interior, acting through the Commissioner, may partner or enter 
into an agreement regarding the water storage projects identified 
in section 103(d)(1) of the Water Supply, Reliability, and Environ-
mental Improvement Act (Public Law 108–361; 118 Stat. 1688) 
with local joint powers authorities formed pursuant to State law 
by irrigation districts and other local water districts and local 
governments within the applicable hydrologic region, to advance 
those projects. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) $335,000,000 of funding in section 4011(e) is authorized 
to remain available until expended. 
(2) Projects can only receive funding if enacted appropria-
tions legislation designates funding to them by name, after 
the Secretary recommends specific projects for funding pursuant 
to this section and transmits such recommendations to the 
appropriate committees of Congress. 
(i) SUNSET.—This section shall apply only to federally owned 
storage projects and State-led storage projects that the Secretary 
of the Interior determines to be feasible before January 1, 2021. 
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130 STAT. 1866 
PUBLIC LAW 114–322—DEC. 16, 2016 
(j) CONSISTENCY WITH STATE LAW.—Nothing in this section 
preempts or modifies any obligation of the United States to act 
in conformance with applicable State law. 
(k) CALFED AUTHORIZATION.—Title I of Public Law 108–361 
(the Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 
2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 
of Public Law 114–113) is amended by striking ‘‘2017’’ each place 
it appears and inserting ‘‘2019’’. 
SEC. 4008. LOSSES CAUSED BY THE CONSTRUCTION AND OPERATION 
OF STORAGE PROJECTS. 
(a) MARINAS, RECREATIONAL FACILITIES, OTHER BUSINESSES.— 
If in constructing any new or modified water storage project 
included in section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 
1684), the Bureau of Reclamation destroys or otherwise adversely 
affects any existing marina, recreational facility, or other water- 
dependent business when constructing or operating a new or modi-
fied water storage project, the Secretaries of the Interior and Agri-
culture, acting through the Bureau and the Forest Service shall— 
(1) provide compensation otherwise required by law; and 
(2) provide the owner of the affected marina, recreational 
facility, or other water-dependent business under mutually 
agreeable terms and conditions with the right of first refusal 
to construct and operate a replacement marina, recreational 
facility, or other water-dependent business, as the case may 
be, on United States land associated with the new or modified 
water storage project. 
(b) HYDROELECTRIC PROJECTS.—If in constructing any new or 
modified water storage project included in section 103(d)(1)(A) of 
Public Law 108-361 (118 Stat. 1684), the Bureau of Reclamation 
reduces or eliminates the capacity or generation of any existing 
non-Federal hydroelectric project by inundation or otherwise, the 
Secretary of the Interior shall, subject to the requirements and 
limitations of this section— 
(1) provide compensation otherwise required by law; 
(2) provide the owner of the affected hydroelectric project 
under mutually agreeable terms and conditions with a right 
of first refusal to construct, operate, and maintain replacement 
hydroelectric generating facilities at such new or modified water 
storage project on Federal land associated with the new or 
modified water storage project or on private land owned by 
the affected hydroelectric project owner; 
(3) provide compensation for the construction of any water 
conveyance facilities as are necessary to convey water to any 
new powerhouse constructed by such owner in association with 
such new hydroelectric generating facilities; 
(4) provide for paragraphs (1), (2), and (3) at a cost not 
to exceed the estimated value of the actual impacts to any 
existing non-Federal hydroelectric project, including impacts 
to its capacity and energy value, and as estimated for the 
associated feasibility study, including additional planning, 
environmental, design, construction, and operations and 
maintenance costs for existing and replacement facilities; and 
(5) ensure that action taken under paragraphs (1), (2), 
(3), and (4) shall not directly or indirectly increase the costs 
to recipients of power marketed by the Western Area Power 
Administration, nor decrease the value of such power. 
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130 STAT. 1867 
PUBLIC LAW 114–322—DEC. 16, 2016 
(c) EXISTING LICENSEE.—The owner of any project affected 
under subsection (b)(2) shall be deemed the existing licensee, in 
accordance with section 15(a) of the Act of June 10, 1920 (16 
U.S.C. 808(a)), for any replacement project to be constructed within 
the proximate geographic area of the affected project. 
(d) COST ALLOCATION.— 
(1) COMPENSATION.—Any compensation under this section 
shall be a project cost allocated solely to the direct beneficiaries 
of the new or modified water project constructed under this 
section. 
(2) REPLACEMENT
COSTS.—The costs of the replacement 
project, and any compensation, shall be— 
(A) treated as a stand-alone project and shall not be 
financially integrated in any other project; and 
(B) allocated in accordance with mutually agreeable 
terms between the Secretary and project beneficiaries. 
(e) APPLICABILITY.—This section shall only apply to federally 
owned water storage projects whether authorized under section 
4007 or some other authority. 
(f) LIMITATION.—Nothing in this section affects the ability of 
landowners or Indian tribes to seek compensation or any other 
remedy otherwise provided by law. 
(g) SAVINGS CLAUSE.—No action taken under this section shall 
directly or indirectly increase the costs to recipients of power mar-
keted by the Western Area Power Administration, nor decrease 
the value of such power. 
SEC. 4009. OTHER WATER SUPPLY PROJECTS. 
(a) WATER DESALINATION ACT AMENDMENTS.—Section 4 of the 
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 
104–298) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following: 
‘‘(1) PROJECTS.— 
‘‘(A) IN GENERAL.—Subject to the requirements of this 
subsection, the Secretary of the Interior may participate 
in an eligible desalination project in an amount equal to 
not more than 25 percent of the total cost of the eligible 
desalination project. 
‘‘(B) ELIGIBLE
DESALINATION
PROJECT.—The term 
‘eligible desalination project’ means any project in a Rec-
lamation State, that— 
‘‘(i) involves an ocean or brackish water desalina-
tion facility either constructed, operated and main-
tained; or sponsored by any State, department of a 
State, subdivision of a State or public agency organized 
pursuant to a State law; and 
‘‘(ii) provides a Federal benefit in accordance with 
the reclamation laws (including regulations). 
‘‘(C) STATE ROLE.—Participation by the Secretary of 
the Interior in an eligible desalination project under this 
subsection shall not occur unless— 
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130 STAT. 1868 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(i) the project is included in a state-approved plan 
or federal participation has been requested by the Gov-
ernor of the State in which the eligible desalination 
project is located; and 
‘‘(ii) the State or local sponsor determines, and 
the Secretary of the Interior concurs, that— 
‘‘(I) the eligible desalination project is tech-
nically and financially feasible and provides a Fed-
eral benefit in accordance with the reclamation 
laws; 
‘‘(II) sufficient non-Federal funding is available 
to complete the eligible desalination project; and 
‘‘(III) the eligible desalination project sponsors 
are financially solvent; and 
‘‘(iii) the Secretary of the Interior submits to Con-
gress a written notification of these determinations 
within 30 days of making such determinations. 
‘‘(D) ENVIRONMENTAL LAWS.—When participating in an 
eligible desalination project under this subsection, the Sec-
retary shall comply with all applicable environmental laws, 
including the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(E) INFORMATION.—When participating in an eligible 
desalination project under this subsection, the Secretary 
of the Interior— 
‘‘(i) may rely on reports prepared by the sponsor 
of the eligible desalination project, including feasibility 
(or equivalent) studies, environmental analyses, and 
other pertinent reports and analyses; but 
‘‘(ii) shall retain responsibility for making the inde-
pendent determinations described in subparagraph (C). 
‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(i) $30,000,000 of funding is authorized to remain 
available until expended; and 
‘‘(ii) Projects can only receive funding if enacted 
appropriations legislation designates funding to them 
by name, after the Secretary recommends specific 
projects for funding pursuant to this subsection and 
transmits such recommendations to the appropriate 
committees of Congress.’’. 
(c) AUTHORIZATION
OF NEW WATER RECYCLING
AND REUSE 
PROJECTS.—Section 1602 of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (title XVI of Public Law 
102–575; 43 U.S.C. 390h et. seq.) is amended by adding at the 
end the following new subsections: 
‘‘(e) AUTHORIZATION OF NEW WATER RECYCLING AND REUSE 
PROJECTS.— 
‘‘(1) SUBMISSION TO THE SECRETARY.— 
‘‘(A) IN GENERAL.—Non-Federal interests may submit 
proposals for projects eligible to be authorized pursuant 
to this section in the form of completed feasibility studies 
to the Secretary. 
‘‘(B) ELIGIBLE PROJECTS.—A project shall be considered 
eligible for consideration under this section if the project 
reclaims and reuses— 
‘‘(i) municipal, industrial, domestic, or agricultural 
wastewater; or 
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130 STAT. 1869 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(ii) impaired ground or surface waters. 
‘‘(C) GUIDELINES.—Within 60 days of the enactment 
of this Act the Secretary shall issue guidelines for feasibility 
studies for water recycling and reuse projects to provide 
sufficient information for the formulation of the studies. 
‘‘(2) REVIEW
BY
THE
SECRETARY.—The Secretary shall 
review each feasibility study received under paragraph (1)(A) 
for the purpose of— 
‘‘(A) determining whether the study, and the process 
under which the study was developed, each comply with 
Federal laws and regulations applicable to feasibility 
studies of water recycling and reuse projects; and 
‘‘(B) the project is technically and financially feasible 
and provides a Federal benefit in accordance with the 
reclamation laws. 
‘‘(3) SUBMISSION TO CONGRESS.—Not later than 180 days 
after the date of receipt of a feasibility study received under 
paragraph (1)(A), the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Com-
mittee on Natural Resources of the House of Representatives 
a report that describes— 
‘‘(A) the results of the Secretary’s review of the study 
under paragraph (2), including a determination of whether 
the project is feasible; 
‘‘(B) any recommendations the Secretary may have con-
cerning the plan or design of the project; and 
‘‘(C) any conditions the Secretary may require for 
construction of the project. 
‘‘(4) ELIGIBILITY
FOR
FUNDING.—The non-Federal project 
sponsor of any project determined by the Secretary to be feasible 
under paragraph (3)(A) shall be eligible to apply to the Sec-
retary for funding for the Federal share of the costs of planning, 
designing and constructing the project pursuant to subsection 
(f). 
‘‘(f) COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER 
RECYCLING AND REUSE PROJECTS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 
competitive grant program under which the non-Federal project 
sponsor of any project determined by the Secretary to be feasible 
under subsection (e)(3)(A) shall be eligible to apply for funding 
for the planning, design, and construction of the project, subject 
to subsection (g)(2). 
‘‘(2) PRIORITY.—When funding projects under paragraph 
(1), the Secretary shall give funding priority to projects that 
meet one or more of the criteria listed in paragraph (3) and 
are located in an area that— 
‘‘(A) has been identified by the United States Drought 
Monitor as experiencing severe, extreme, or exceptional 
drought at any time in the 4-year period before such funds 
are made available; or 
‘‘(B) was designated as a disaster area by a State 
during the 4-year period before such funds are made avail-
able. 
‘‘(3) CRITERIA.—The project criteria referred to in paragraph 
(2) are the following: 
‘‘(A) Projects that are likely to provide a more reliable 
water supply for States and local governments. 
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PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(B) Projects that are likely to increase the water 
management flexibility and reduce impacts on environ-
mental resources from projects operated by Federal and 
State agencies. 
‘‘(C) Projects that are regional in nature. 
‘‘(D) Projects with multiple stakeholders. 
‘‘(E) Projects that provide multiple benefits, including 
water supply reliability, eco-system benefits, groundwater 
management and enhancements, and water quality 
improvements. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) There is authorized to be appropriated to the Secretary 
of the Interior an additional $50,000,000 to remain available 
until expended. 
‘‘(2) Projects can only receive funding if enacted appropria-
tions legislation designates funding to them by name, after 
the Secretary recommends specific projects for funding pursuant 
to subsection (f) and transmits such recommendations to the 
appropriate committees of Congress.’’. 
(d) FUNDING.—Section 9504 of the Omnibus Public Land 
Management Act of 2009 (42 U.S.C. 10364) is amended in subsection 
(e) by striking ‘‘$350,000,000’’ and inserting ‘‘$450,000,000’’ on the 
condition that of that amount, $50,000,000 of it is used to carry 
out section 206 of the Energy and Water Development and Related 
Agencies Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law 
113–235). 
SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPE-
CIES AND OTHER WILDLIFE. 
(a) 
INCREASED
REAL-TIME
MONITORING
AND
UPDATED 
SCIENCE.— 
(1) SMELT
BIOLOGICAL
OPINION.—The Director shall use 
the best scientific and commercial data available to implement, 
continuously evaluate, and refine or amend, as appropriate, 
the reasonable and prudent alternative described in the smelt 
biological opinion. 
(2) INCREASED
MONITORING
TO
INFORM
REAL-TIME
OPER-
ATIONS.— 
(A) IN GENERAL.—The Secretary of the Interior shall 
conduct additional surveys, on an annual basis at the 
appropriate time of year based on environmental condi-
tions, 
in 
collaboration 
with 
interested 
stakeholders 
regarding the science of the Delta in general, and to 
enhance real time decisionmaking in particular, working 
in close coordination with relevant State authorities. 
(B) REQUIREMENTS.—In carrying out this subsection, 
the Secretary of the Interior shall use— 
(i) the most appropriate and accurate survey 
methods available for the detection of Delta smelt to 
determine the extent to which adult Delta smelt are 
distributed in relation to certain levels of turbidity 
or other environmental factors that may influence sal-
vage rate; 
(ii) results from appropriate surveys for the detec-
tion of Delta smelt to determine how the Central Valley 
Project and State Water Project may be operated more 
42 USC 10364 
note. 
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130 STAT. 1871 
PUBLIC LAW 114–322—DEC. 16, 2016 
efficiently to maximize fish and water supply benefits; 
and 
(iii) science-based recommendations developed by 
any of the persons or entities described in paragraph 
(4)(B) to inform the agencies’ real-time decisions. 
(C) WINTER MONITORING.—During the period between 
December 1 and March 31, if suspended sediment loads 
enter the Delta from the Sacramento River, and the sus-
pended sediment loads appear likely to raise turbidity 
levels in the Old River north of the export pumps from 
values below 12 Nephelometric Turbidity Units (NTUs) 
to values above 12 NTUs, the Secretary of the Interior 
shall— 
(i) conduct daily monitoring using appropriate 
survey methods at locations including the vicinity of 
Station 902 to determine the extent to which adult 
Delta smelt are moving with turbidity toward the 
export pumps; and 
(ii) use results from the monitoring under subpara-
graph (A) to determine how increased trawling can 
inform daily real-time Central Valley Project and State 
Water Project operations to maximize fish and water 
supply benefits. 
(3) PERIODIC REVIEW OF MONITORING.—Not later than 1 
year after the date of enactment of this subtitle, the Secretary 
of the Interior shall— 
(A) evaluate whether the monitoring program under 
paragraph (2), combined with other monitoring programs 
for the Delta, is providing sufficient data to inform Central 
Valley Project and State Water Project operations to maxi-
mize the water supply for fish and water supply benefits; 
and 
(B) determine whether the monitoring efforts should 
be changed in the short or long term to provide more 
useful data. 
(4) DELTA SMELT DISTRIBUTION STUDY.— 
(A) IN GENERAL.—Not later than March 15, 2021, the 
Secretary of the Interior shall— 
(i) complete studies, to be initiated by not later 
than 90 days after the date of enactment of this sub-
title, designed— 
(I) to understand the location and determine 
the abundance and distribution of Delta smelt 
throughout the range of the Delta smelt; and 
(II) to determine potential methods to mini-
mize the effects of Central Valley Project and State 
Water Project operations on the Delta smelt; 
(ii) based on the best available science, if appro-
priate and practicable, implement new targeted sam-
pling and monitoring of Delta smelt in order to maxi-
mize fish and water supply benefits prior to completion 
of the study under clause (i); 
(iii) to the maximum extent practicable, use new 
technologies to allow for better tracking of Delta smelt, 
such as acoustic tagging, optical recognition during 
trawls, 
and 
fish 
detection 
using 
residual 
deoxyribonucleic acid (DNA); and 
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130 STAT. 1872 
PUBLIC LAW 114–322—DEC. 16, 2016 
(iv) if new sampling and monitoring is not imple-
mented under clause (ii), provide a detailed explanation 
of the determination of the Secretary of the Interior 
that no change is warranted. 
(B) CONSULTATION.—In determining the scope of the 
studies under this subsection, the Secretary of the Interior 
shall consult with— 
(i) Central Valley Project and State Water Project 
water contractors and public water agencies; 
(ii) other public water agencies; 
(iii) the California Department of Fish and Wildlife 
and the California Department of Water Resources; 
and 
(iv) nongovernmental organizations. 
(b) ACTIONS TO BENEFIT ENDANGERED FISH POPULATIONS.— 
(1) FINDINGS.—Congress finds that— 
(A) minimizing or eliminating stressors to fish popu-
lations and their habitat in an efficient and structured 
manner is a key aspect of a fish recovery strategy; 
(B) functioning, diverse, and interconnected habitats 
are necessary for a species to be viable; and 
(C) providing for increased fish habitat may not only 
allow for a more robust fish recovery, but also reduce 
impacts to water supplies. 
(2) ACTIONS FOR BENEFIT OF ENDANGERED SPECIES.—There 
is authorized to be appropriated the following amounts: 
(A) $15,000,000 for the Secretary of Commerce, through 
the Administrator of the National Oceanic and Atmospheric 
Administration, to carry out the following activities in 
accordance with the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.): 
(i) Gravel and rearing area additions and habitat 
restoration to the Sacramento River to benefit Chinook 
salmon and steelhead trout. 
(ii) Scientifically improved and increased real-time 
monitoring to inform real-time operations of Shasta 
and related Central Valley Project facilities, and alter-
native methods, models, and equipment to improve 
temperature modeling and related forecasted informa-
tion for purposes of predicting impacts to salmon and 
salmon habitat as a result of water management at 
Shasta. 
(iii) Methods to improve the Delta salvage systems, 
including alternative methods to redeposit salvaged 
salmon smolts and other fish from the Delta in a 
manner that reduces predation losses. 
(B) $3,000,000 for the Secretary of the Interior to con-
duct the Delta smelt distribution study referenced in sub-
section (a)(4). 
(3) COMMENCEMENT.—If the Administrator of the National 
Oceanic and Atmospheric Administration determines that a 
proposed activity is feasible and beneficial for protecting and 
recovering a fish population, the Administrator shall commence 
implementation of the activity by not later than 1 year after 
the date of enactment of this subtitle. 
(4) CONSULTATION.—The Administrator shall take such 
steps as are necessary to partner with, and coordinate the 
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130 STAT. 1873 
PUBLIC LAW 114–322—DEC. 16, 2016 
efforts of, the Department of the Interior, the Department 
of Commerce, and other relevant Federal departments and 
agencies to ensure that all Federal reviews, analyses, opinions, 
statements, permits, licenses, and other approvals or decisions 
required under Federal law are completed on an expeditious 
basis, consistent with Federal law. 
(5) CONSERVATION FISH HATCHERIES.— 
(A) IN
GENERAL.—Not later than 2 years after the 
date of enactment of this subtitle, the Secretaries of the 
Interior and Commerce, in coordination with the Director 
of the California Department of Fish and Wildlife, shall 
develop and implement as necessary the expanded use 
of conservation hatchery programs to enhance, supplement, 
and rebuild Delta smelt and Endangered Species Act-listed 
fish species under the smelt and salmonid biological opin-
ions. 
(B) REQUIREMENTS.—The conservation hatchery pro-
grams established under paragraph (1) and the associated 
hatchery 
and 
genetic 
management 
plans 
shall 
be 
designed— 
(i) to benefit, enhance, support, and otherwise 
recover naturally spawning fish species to the point 
where the measures provided under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) are no 
longer necessary; and 
(ii) to minimize adverse effects to Central Valley 
Project and State Water Project operations. 
(C) PRIORITY; COOPERATIVE
AGREEMENTS.—In imple-
menting this section, the Secretaries of the Interior and 
Commerce— 
(i) shall give priority to existing and prospective 
hatchery programs and facilities within the Delta and 
the riverine tributaries thereto; and 
(ii) may enter into cooperative agreements for the 
operation of conservation hatchery programs with 
States, Indian tribes, and other nongovernmental enti-
ties for the benefit, enhancement, and support of natu-
rally spawning fish species. 
(6) ACQUISITION
OF
LAND, WATER, OR
INTERESTS
FROM 
WILLING
SELLERS
FOR
ENVIRONMENTAL
PURPOSES
IN
CALI-
FORNIA.— 
(A) IN
GENERAL.—The Secretary of the Interior is 
authorized to acquire by purchase, lease, donation, or other-
wise, land, water, or interests in land or water from willing 
sellers in California— 
(i) to benefit listed or candidate species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) or the California Endangered Species Act (Cali-
fornia Fish and Game Code sections 2050 through 
2116); 
(ii) to meet requirements of, or otherwise provide 
water quality benefits under, the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.) or the Porter 
Cologne Water Quality Control Act (division 7 of the 
California Water Code); or 
(iii) for protection and enhancement of the environ-
ment, as determined by the Secretary of the Interior. 
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130 STAT. 1874 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) STATE PARTICIPATION.—In implementing this sec-
tion, the Secretary of the Interior is authorized to partici-
pate with the State of California or otherwise hold such 
interests identified in subparagraph (A) in joint ownership 
with the State of California based on a cost share deemed 
appropriate by the Secretary. 
(C) TREATMENT.—Any expenditures under this sub-
section shall be nonreimbursable and nonreturnable to the 
United States. 
(7) REAUTHORIZATION OF THE FISHERIES RESTORATION AND 
IRRIGATION MITIGATION ACT OF 2000.— 
(A) Section 10(a) of the Fisheries Restoration and 
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public 
Law 106–502) is amended by striking ‘‘$25 million for 
each of fiscal years 2009 through 2015’’ and inserting ‘‘$15 
million through 2021’’; and 
(B) Section 2 of the Fisheries Restoration and Irrigation 
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 
106–502) is amended by striking ‘‘Montana, and Idaho’’ 
and inserting ‘‘Montana, Idaho, and California’’. 
(c) ACTIONS TO BENEFIT REFUGES.— 
(1) IN GENERAL.—In addition to funding under section 3407 
of the Central Valley Project Improvement Act (Public Law 
102–575; 106 Stat. 4726), there is authorized to be appropriated 
to the Secretary of the Interior $2,000,000 for each of fiscal 
years 2017 through 2021 for the acceleration and completion 
of water infrastructure and conveyance facilities necessary to 
achieve full water deliveries to Central Valley wildlife refuges 
and habitat areas pursuant to section 3406(d) of that Act (Public 
Law 102–575; 106 Stat. 4722). 
(2) COST SHARING.— 
(A) FEDERAL SHARE.—The Federal share of the cost 
of carrying out an activity described in this section shall 
be not more than 50 percent. 
(B) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of carrying out an activity described in this sec-
tion— 
(i) shall be not less than 50 percent; and 
(ii) may be provided in cash or in kind. 
(d) NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS 
FISH IN STANISLAUS RIVER.— 
(1) DEFINITION OF DISTRICT.—In this section, the term ‘‘dis-
trict’’ means— 
(A) the Oakdale Irrigation District of the State of Cali-
fornia; and 
(B) the South San Joaquin Irrigation District of the 
State of California. 
(2) ESTABLISHMENT.—The Secretary of Commerce, acting 
through the Assistant Administrator of the National Marine 
Fisheries Service, and the districts shall jointly establish and 
conduct a nonnative predator research and pilot fish removal 
program to study the effects of removing from the Stanislaus 
River— 
(A) 
nonnative 
striped 
bass, 
smallmouth 
bass, 
largemouth bass, black bass; and 
(B) other nonnative predator fish species. 
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130 STAT. 1875 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) REQUIREMENTS.—The program under this section 
shall— 
(A) be scientifically based, with research questions 
determined jointly by— 
(i) National Marine Fisheries Service scientists; 
and 
(ii) technical experts of the districts; 
(B) include methods to quantify by, among other things, 
evaluating the number of juvenile anadromous fish that 
migrate past the rotary screw trap located at Caswell— 
(i) the number and size of predator fish removed 
each year; and 
(ii) the impact of the removal on— 
(I) the overall abundance of predator fish in 
the Stanislaus River; and 
(II) the populations of juvenile anadromous 
fish in the Stanislaus River; 
(C) among other methods, consider using wire fyke 
trapping, portable resistance board weirs, and boat 
electrofishing; and 
(D) be implemented as quickly as practicable after 
the date of issuance of all necessary scientific research 
permits. 
(4) MANAGEMENT.—The management of the program shall 
be the joint responsibility of the Assistant Administrator and 
the districts, which shall— 
(A) work collaboratively to ensure the performance of 
the program; and 
(B) discuss and agree on, among other things— 
(i) qualified scientists to lead the program; 
(ii) research questions; 
(iii) experimental design; 
(iv) changes in the structure, management, per-
sonnel, techniques, strategy, data collection and access, 
reporting, and conduct of the program; and 
(v) the need for independent peer review. 
(5) CONDUCT.— 
(A) IN GENERAL.—For each applicable calendar year, 
the districts, on agreement of the Assistant Administrator, 
may elect to conduct the program under this section using— 
(i) the personnel of the Assistant Administrator 
or districts; 
(ii) qualified private contractors hired by the dis-
tricts; 
(iii) personnel of, on loan to, or otherwise assigned 
to the National Marine Fisheries Service; or 
(iv) a combination of the individuals described in 
clauses (i) through (iii). 
(B) PARTICIPATION
BY
NATIONAL
MARINE
FISHERIES 
SERVICE.— 
(i) IN GENERAL.—If the districts elect to conduct 
the program using district personnel or qualified pri-
vate contractors hired under clause (i) or (ii) of 
subparagraph (A), the Assistant Administrator may 
assign an employee of, on loan to, or otherwise assigned 
to the National Marine Fisheries Service, to be present 
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130 STAT. 1876 
PUBLIC LAW 114–322—DEC. 16, 2016 
for all activities performed in the field to ensure compli-
ance with paragraph (4). 
(ii) COSTS.—The districts shall pay the cost of 
participation by the employee under clause (i), in 
accordance with paragraph (6). 
(C) TIMING OF ELECTION.—The districts shall notify 
the Assistant Administrator of an election under subpara-
graph (A) by not later than October 15 of the calendar 
year preceding the calendar year for which the election 
applies. 
(6) FUNDING.— 
(A) IN
GENERAL.—The districts shall be responsible 
for 100 percent of the cost of the program. 
(B) CONTRIBUTED FUNDS.—The Secretary of Commerce 
may accept and use contributions of funds from the districts 
to carry out activities under the program. 
(C) ESTIMATION OF COST.— 
(i) IN GENERAL.—Not later than December 1 of 
each year of the program, the Secretary of Commerce 
shall submit to the districts an estimate of the cost 
to be incurred by the National Marine Fisheries Service 
for the program during the following calendar year, 
if any, including the cost of any data collection and 
posting under paragraph (7). 
(ii) FAILURE TO FUND.—If an amount equal to the 
estimate of the Secretary of Commerce is not provided 
through contributions pursuant to subparagraph (B) 
before December 31 of that calendar year— 
(I) the Secretary shall have no obligation to 
conduct the program activities otherwise scheduled 
for the following calendar year until the amount 
is contributed by the districts; and 
(II) the districts may not conduct any aspect 
of the program until the amount is contributed 
by the districts. 
(D) ACCOUNTING.— 
(i) IN GENERAL.—Not later than September 1 of 
each year, the Secretary of Commerce shall provide 
to the districts an accounting of the costs incurred 
by the Secretary for the program during the preceding 
calendar year. 
(ii) EXCESS AMOUNTS.—If the amount contributed 
by the districts pursuant to subparagraph (B) for a 
calendar year was greater than the costs incurred by 
the Secretary of Commerce during that year, the Sec-
retary shall— 
(I) apply the excess amounts to the cost of 
activities to be performed by the Secretary under 
the program, if any, during the following calendar 
year; or 
(II) if no such activities are to be performed, 
repay the excess amounts to the districts. 
(7) PUBLICATION AND EVALUATION OF DATA.— 
(A) IN GENERAL.—All data generated through the pro-
gram, including by any private consultants, shall be rou-
tinely provided to the Assistant Administrator. 
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130 STAT. 1877 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) INTERNET.—Not later than the 15th day of each 
month of the program, the Assistant Administrator shall 
publish on the Internet website of the National Marine 
Fisheries Service a tabular summary of the raw data col-
lected under the program during the preceding month. 
(C) REPORT.—On completion of the program, the Assist-
ant Administrator shall prepare a final report evaluating 
the effectiveness of the program, including recommenda-
tions for future research and removal work. 
(8) CONSISTENCY WITH LAW.— 
(A) IN GENERAL.—The programs in this section and 
subsection (e) are found to be consistent with the require-
ments of the Central Valley Project Improvement Act 
(Public Law 102–575; 106 Stat. 4706). 
(B) LIMITATION.—No provision, plan, or definition 
under that Act, including section 3406(b)(1) of that Act 
(Public Law 102–575; 106 Stat. 4714), shall be used— 
(i) to prohibit the implementation of the programs 
in this subsection and subsection (e); or 
(ii) to prevent the accomplishment of the goals 
of the programs. 
(e) PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES 
PROGRAM.— 
(1) IN GENERAL.—Not later than January 1, 2018, the Sec-
retary of the Interior, in collaboration with the Secretary of 
Commerce, the Director of the California Department of Fish 
and Wildlife, and other relevant agencies and interested parties, 
shall establish and carry out pilot projects to implement the 
invasive species control program under section 103(d)(6)(A)(iv) 
of Public Law 108–361 (118 Stat. 1690). 
(2) REQUIREMENTS.—The pilot projects under this section 
shall— 
(A) seek to reduce invasive aquatic vegetation (such 
as water hyacinth), predators, and other competitors that 
contribute to the decline of native listed pelagic and anad-
romous species that occupy the Sacramento and San Joa-
quin Rivers and their tributaries and the Delta; and 
(B) remove, reduce, or control the effects of species 
including Asiatic clams, silversides, gobies, Brazilian water 
weed, largemouth bass, smallmouth bass, striped bass, 
crappie, bluegill, white and channel catfish, zebra and 
quagga mussels, and brown bullheads. 
(3) EMERGENCY
ENVIRONMENTAL
REVIEWS.—To expedite 
environmentally beneficial programs in this subtitle for the 
conservation of threatened and endangered species, the Secre-
taries of the Interior and Commerce shall consult with the 
Council on Environmental Quality in accordance with section 
1506.11 of title 40, Code of Federal Regulations (or successor 
regulations), to develop alternative arrangements to comply 
with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for those programs. 
(f) COLLABORATIVE PROCESSES.—Notwithstanding the Federal 
Advisory Committee Act (5 U.S.C. App.) and applicable Federal 
acquisitions and contracting authorities, the Secretaries of the 
Interior and Commerce may use the collaborative processes under 
the Collaborative Science Adaptive Management Program to enter 
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130 STAT. 1878 
PUBLIC LAW 114–322—DEC. 16, 2016 
into contracts with specific individuals or organizations directly 
or in conjunction with appropriate State agencies. 
(g) THE ‘‘SAVE OUR SALMON ACT’’.— 
(1) TREATMENT OF STRIPED BASS.— 
(A) ANADROMOUS FISH.—Section 3403(a) of the Central 
Valley Project Improvement Act (title XXXIV of Public 
Law 102–575) is amended by striking ‘‘striped bass,’’ after 
‘‘stocks of salmon (including steelhead),’’. 
(B) FISH AND WILDLIFE RESTORATION ACTIVITIES.—Sec-
tion 3406(b) of the Central Valley Project Improvement 
Act (title XXXIV of Public Law 102–575) is amended by— 
(i) striking paragraphs (14) and (18); 
(ii) redesignating paragraphs (15) through (17) as 
paragraphs (14) through (16), respectively; and 
(iii) redesignating paragraphs (19) through (23) 
as paragraphs (17) through (21), respectively. 
(2) CONFORMING CHANGES.—Section 3407(a) of the Central 
Valley Project Improvement Act (title XXXIV of Public Law 
102–575) is amended by striking ‘‘(10)–(18), and (20)–(22)’’ and 
inserting ‘‘(10)–(16), and (18)–(20)’’. 
SEC. 4011. OFFSETS AND WATER STORAGE ACCOUNT. 
(a) PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN 
THE UNITED STATES AND CONTRACTORS OF FEDERALLY DEVELOPED 
WATER SUPPLIES.— 
(1) CONVERSION AND PREPAYMENT OF CONTRACTS.—Upon 
request of the contractor, the Secretary of the Interior shall 
convert any water service contract in effect on the date of 
enactment of this subtitle and between the United States and 
a water users’ association to allow for prepayment of the repay-
ment contract pursuant to paragraph (2) under mutually agree-
able terms and conditions. The manner of conversion under 
this paragraph shall be as follows: 
(A) Water service contracts that were entered into 
under section (e) of the Act of August 4, 1939 (53 Stat. 
1196), to be converted under this section shall be converted 
to repayment contracts under section 9(d) of that Act (53 
Stat. 1195). 
(B) Water service contracts that were entered under 
subsection (c)(2) of section 9 of the Act of August 4, 1939 
(53 Stat. 1194), to be converted under this section shall 
be converted to a contract under subsection (c)(1) of section 
9 of that Act (53 Stat. 1195). 
(2) PREPAYMENT.—Except for those repayment contracts 
under which the contractor has previously negotiated for 
prepayment, all repayment contracts under section 9(d) of that 
Act (53 Stat. 1195) in effect on the date of enactment of this 
subtitle at the request of the contractor, and all contracts 
converted pursuant to paragraph (1)(A) shall— 
(A) provide for the repayment, either in lump sum 
or by accelerated prepayment, of the remaining construc-
tion costs identified in water project specific irrigation rate 
repayment schedules, as adjusted to reflect payment not 
reflected in such schedules, and properly assignable for 
ultimate return by the contractor, or if made in approxi-
mately equal installments, no later than 3 years after 
the effective date of the repayment contract, such amount 
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130 STAT. 1879 
PUBLIC LAW 114–322—DEC. 16, 2016 
to be discounted by 1⁄2 the Treasury rate. An estimate 
of the remaining construction costs, as adjusted, shall be 
provided by the Secretary to the contractor no later than 
90 days following receipt of request of the contractor; 
(B) require that construction costs or other capitalized 
costs incurred after the effective date of the contract or 
not reflected in the rate schedule referenced in subpara-
graph (A), and properly assignable to such contractor shall 
be repaid in not more than 5 years after notification of 
the allocation if such amount is a result of a collective 
annual allocation of capital costs to the contractors exer-
cising contract conversion under this subsection of less 
than $5,000,000. If such amount is $5,000,000 or greater, 
such cost shall be repaid as provided by applicable reclama-
tion law; 
(C) provide that power revenues will not be available 
to aid in repayment of construction costs allocated to irriga-
tion under the contract; and 
(D) continue so long as the contractor pays applicable 
charges, consistent with section 9(d) of the Act of August 
4, 1939 (53 Stat. 1195), and applicable law. 
(3) CONTRACT REQUIREMENTS.—Except for those repayment 
contracts under which the contractor has previously negotiated 
for prepayment, the following shall apply with regard to all 
repayment contracts under subsection (c)(1) of section 9 of 
that Act (53 Stat. 1195) in effect on the date of enactment 
of this subtitle at the request of the contractor, and all contracts 
converted pursuant to paragraph (1)(B): 
(A) Provide for the repayment in lump sum of the 
remaining construction costs identified in water project 
specific municipal and industrial rate repayment schedules, 
as adjusted to reflect payments not reflected in such sched-
ules, and properly assignable for ultimate return by the 
contractor. An estimate of the remaining construction costs, 
as adjusted, shall be provided by the Secretary to the 
contractor no later than 90 days after receipt of the request 
of contractor. 
(B) The contract shall require that construction costs 
or other capitalized costs incurred after the effective date 
of the contract or not reflected in the rate schedule ref-
erenced in subparagraph (A), and properly assignable to 
such contractor, shall be repaid in not more than 5 years 
after notification of the allocation if such amount is a 
result of a collective annual allocation of capital costs to 
the contractors exercising contract conversion under this 
subsection of less than $5,000,000. If such amount is 
$5,000,000 or greater, such cost shall be repaid as provided 
by applicable reclamation law. 
(C) Continue so long as the contractor pays applicable 
charges, consistent with section 9(c)(1) of the Act of August 
4, 1939 (53 Stat. 1195), and applicable law. 
(4) CONDITIONS.—All contracts entered into pursuant to 
paragraphs (1), (2), and (3) shall— 
(A) not be adjusted on the basis of the type of prepay-
ment financing used by the water users’ association; 
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130 STAT. 1880 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) conform to any other agreements, such as 
applicable settlement agreements and new constructed 
appurtenant facilities; and 
(C) not modify other water service, repayment, 
exchange and transfer contractual rights between the water 
users’ association, and the Bureau of Reclamation, or any 
rights, obligations, or relationships of the water users’ 
association and their landowners as provided under State 
law. 
(b) ACCOUNTING.—The amounts paid pursuant to subsection 
(a) shall be subject to adjustment following a final cost allocation 
by the Secretary of the Interior. In the event that the final cost 
allocation indicates that the costs properly assignable to the con-
tractor are greater than what has been paid by the contractor, 
the contractor shall be obligated to pay the remaining allocated 
costs. The term of such additional repayment contract shall be 
not less than one year and not more than 10 years, however, 
mutually agreeable provisions regarding the rate of repayment of 
such amount may be developed by the parties. In the event that 
the final cost allocation indicates that the costs properly assignable 
to the contractor are less than what the contractor has paid, the 
Secretary shall credit such overpayment as an offset against any 
outstanding or future obligation of the contractor, with the exception 
of Restoration Fund charges pursuant to section 3407(d) of Public 
Law 102–575. 
(c) APPLICABILITY OF CERTAIN PROVISIONS.— 
(1) EFFECT OF EXISTING LAW.—Upon a contractor’s compli-
ance with and discharge of the obligation of repayment of 
the construction costs pursuant to a contract entered into pursu-
ant to subsection (a)(2)(A), subsections (a) and (b) of section 
213 of the Reclamation Reform Act of 1982 (96 Stat. 1269) 
shall apply to affected lands. 
(2) EFFECT OF OTHER OBLIGATIONS.—The obligation of a 
contractor to repay construction costs or other capitalized costs 
described in subsection (a)(2)(B), (a)(3)(B), or (b) shall not affect 
a contractor’s status as having repaid all of the construction 
costs assignable to the contractor or the applicability of sub-
sections (a) and (b) of section 213 of the Reclamation Reform 
Act of 1982 (96 Stat. 1269) once the amount required to be 
paid by the contractor under the repayment contract entered 
into pursuant to subsection (a)(2)(A) has been paid. 
(d) EFFECT ON EXISTING LAW NOT ALTERED.—Implementation 
of the provisions of this subtitle shall not alter— 
(1) the repayment obligation of any water service or repay-
ment contractor receiving water from the same water project, 
or shift any costs that would otherwise have been properly 
assignable to the water users’ association identified in sub-
sections (a)(1), (a)(2), and (a)(3) absent this section, including 
operation and maintenance costs, construction costs, or other 
capitalized costs incurred after the date of the enactment of 
this subtitle, or to other contractors; and 
(2) specific requirements for the disposition of amounts 
received as repayments by the Secretary under the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supple-
mental to and amendatory of that Act (43 U.S.C. 371 et seq.); 
(3) the priority of a water service or repayment contractor 
to receive water; or 
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130 STAT. 1881 
PUBLIC LAW 114–322—DEC. 16, 2016 
(4) except as expressly provided in this section, any obliga-
tions under the reclamation law, including the continuation 
of Restoration Fund charges pursuant to section 3407(d) (Public 
Law 102–575), of the water service and repayment contractors 
making prepayments pursuant to this section. 
(e) WATER STORAGE ENHANCEMENT PROGRAM.— 
(1) IN GENERAL.—Except as provided in subsection (d)(2), 
$335,000,000 out of receipts generated from prepayment of 
contracts under this section beyond amounts necessary to cover 
the amount of receipts forgone from scheduled payments under 
current law for the 10-year period following the date of enact-
ment of this Act shall be directed to the Reclamation Water 
Storage Account under paragraph (2). 
(2) STORAGE
ACCOUNT.—The Secretary shall allocate 
amounts collected under paragraph (1) into the ‘‘Reclamation 
Storage Account’’ to fund the construction of water storage. 
The Secretary may also enter into cooperative agreements with 
water users’ associations for the construction of water storage 
and amounts within the Storage Account may be used to fund 
such construction. Water storage projects that are otherwise 
not federally authorized shall not be considered Federal facili-
ties as a result of any amounts allocated from the Storage 
Account for part or all of such facilities. 
(3) REPAYMENT.—Amounts used for water storage construc-
tion from the Account shall be fully reimbursed to the Account 
consistent with the requirements under Federal reclamation 
law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
and Acts supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.)) except that all funds reimbursed shall 
be deposited in the Account established under paragraph (2). 
(4) AVAILABILITY OF AMOUNTS.—Amounts deposited in the 
Account under this subsection shall— 
(A) be made available in accordance with this section, 
subject to appropriation; and 
(B) be in addition to amounts appropriated for such 
purposes under any other provision of law. 
(f) DEFINITIONS.—For the purposes of this subtitle, the following 
definitions apply: 
(1) ACCOUNT.—The term ‘‘Account’’ means the Reclamation 
Water Storage Account established under subsection (e)(2). 
(2) CONSTRUCTION.—The term ‘‘construction’’ means the 
designing, materials engineering and testing, surveying, and 
building of water storage including additions to existing water 
storage and construction of new water storage facilities, exclu-
sive of any Federal statutory or regulatory obligations relating 
to any permit, review, approval, or other such requirement. 
(3) WATER STORAGE.—The term ‘‘water storage’’ means any 
federally owned facility under the jurisdiction of the Bureau 
of Reclamation or any non-Federal facility used for the storage 
and supply of water resources. 
(4) TREASURY RATE.—The term ‘‘Treasury rate’’ means the 
20- year Constant Maturity Treasury (CMT) rate published 
by the United States Department of the Treasury existing 
on the effective date of the contract. 
(5) WATER USERS’ ASSOCIATION.—The term ‘‘water users’ 
association’’ means— 
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130 STAT. 1882 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) an entity organized and recognized under State 
laws that is eligible to enter into contracts with Reclama-
tion to receive contract water for delivery to end users 
of the water and to pay applicable charges; and 
(B) includes a variety of entities with different names 
and differing functions, such as associations, conservancy 
districts, irrigation districts, municipalities, and water 
project contract units. 
SEC. 4012. SAVINGS LANGUAGE. 
(a) IN GENERAL.—This subtitle shall not be interpreted or 
implemented in a manner that— 
(1) preempts or modifies any obligation of the United States 
to act in conformance with applicable State law, including 
applicable State water law; 
(2) affects or modifies any obligation under the Central 
Valley Project Improvement Act (Public Law 102–575; 106 Stat. 
4706), except for the savings provisions for the Stanislaus River 
predator management program expressly established by section 
11(d) and provisions in section 11(g); 
(3) overrides, modifies, or amends the applicability of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or 
the application of the smelt and salmonid biological opinions 
to the operation of the Central Valley Project or the State 
Water Project; 
(4) would cause additional adverse effects on listed fish 
species beyond the range of effects anticipated to occur to 
the listed fish species for the duration of the applicable 
biological opinion, using the best scientific and commercial data 
available; or 
(5) overrides, modifies, or amends any obligation of the 
Pacific Fisheries Management Council, required by the Magnu-
son Stevens Act or the Endangered Species Act of 1973, to 
manage fisheries off the coast of California, Oregon, or Wash-
ington. 
(b) SUCCESSOR BIOLOGICAL OPINIONS.— 
(1) IN GENERAL.—The Secretaries of the Interior and Com-
merce shall apply this Act to any successor biological opinions 
to the smelt or salmonid biological opinions only to the extent 
that the Secretaries determine is consistent with— 
(A) the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), its implementing regulations, and the suc-
cessor biological opinions; and 
(B) subsection (a)(4). 
(2) LIMITATION.—Nothing in this Act shall restrict the Sec-
retaries of the Interior and Commerce from completing con-
sultation on successor biological opinions and through those 
successor biological opinions implementing whatever adjust-
ments in operations or other activities as may be required 
by the Endangered Species Act of 1973 and its implementing 
regulations. 
(c) SEVERABILITY.—If any provision of this subtitle, or any 
application of such provision to any person or circumstance, is 
held to be inconsistent with any law or the biological opinions, 
the remainder of this subtitle and the application of this subtitle 
to any other person or circumstance shall not be affected. 
43 USC 390b 
note. 
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130 STAT. 1883 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 4013. DURATION. 
This subtitle shall expire on the date that is 5 years after 
the date of its enactment, with the exception of— 
(1) section 4004, which shall expire 10 years after the 
date of its enactment; and 
(2) projects under construction in sections 4007, 4009(a), 
and 4009(c). 
SEC. 4014. DEFINITIONS. 
In this subtitle: 
(1) 
ASSISTANT
ADMINISTRATOR.—The 
term 
‘‘Assistant 
Administrator’’ means the Assistant Administrator for Fisheries 
of the National Oceanic and Atmospheric Administration. 
(2) CENTRAL VALLEY PROJECT.—The term ‘‘Central Valley 
Project’’ has the meaning given the term in section 3403 of 
the Central Valley Project Improvement Act (Public Law 102– 
575; 106 Stat. 4707). 
(3) COMMISSIONER.—The term ‘‘Commissioner’’ means the 
Commissioner of Reclamation. 
(4) DELTA.—The term ‘‘Delta’’ means the Sacramento-San 
Joaquin Delta and the Suisun Marsh (as defined in section 
12220 of the California Water Code and section 29101 of the 
California Public Resources Code (as in effect on the date 
of enactment of this Act)). 
(5) DELTA SMELT.—The term ‘‘Delta smelt’’ means the fish 
species with the scientific name Hypomesus transpacificus. 
(6) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the United States Fish and Wildlife Service. 
(7) LISTED FISH SPECIES.—The term ‘‘listed fish species’’ 
means— 
(A) any natural origin steelhead, natural origin genetic 
spring run Chinook, or genetic winter run Chinook salmon 
(including any hatchery steelhead or salmon population 
within the evolutionary significant unit or a distinct popu-
lation segment); and 
(B) Delta smelt. 
(8) RECLAMATION STATE.—The term ‘‘Reclamation State’’ 
means any of the States of— 
(A) Arizona; 
(B) California; 
(C) Colorado; 
(D) Idaho; 
(E) Kansas; 
(F) Montana; 
(G) Nebraska; 
(H) Nevada; 
(I) New Mexico; 
(J) North Dakota; 
(K) Oklahoma; 
(L) Oregon; 
(M) South Dakota; 
(N) Texas; 
(O) Utah; 
(P) Washington; and 
(Q) Wyoming. 
(9) SALMONID BIOLOGICAL OPINION.— 
43 USC 390b 
note. 
43 USC 390b 
note. 
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130 STAT. 1884 
PUBLIC LAW 114–322—DEC. 16, 2016 
(A) IN
GENERAL.—The term ‘‘salmonid biological 
opinion’’ means the biological and conference opinion of 
the National Marine Fisheries Service dated June 4, 2009, 
regarding the long-term operation of the Central Valley 
Project and the State Water Project, and successor 
biological opinions. 
(B) 
INCLUSIONS.—The 
term 
‘‘salmonid 
biological 
opinion’’ includes the operative incidental take statement 
of the opinion described in subparagraph (A). 
(10) SMELT BIOLOGICAL OPINION.— 
(A) IN GENERAL.—The term ‘‘smelt biological opinion’’ 
means the biological opinion dated December 15, 2008, 
regarding the coordinated operation of the Central Valley 
Project and the State Water Project, and successor 
biological opinions. 
(B) INCLUSIONS.—The term ‘‘smelt biological opinion’’ 
includes the operative incidental take statement of the 
opinion described in subparagraph (A). 
(11) STATE
WATER
PROJECT.—The term ‘‘State Water 
Project’’ means the water project described in chapter 5 of 
part 3 of division 6 of the California Water Code (sections 
11550 et seq.) (as in effect on the date of enactment of this 
Act) and operated by the California Department of Water 
Resources. 
TITLE IV—OTHER MATTERS 
SEC. 5001. CONGRESSIONAL NOTIFICATION REQUIREMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 311. Congressional notification requirements 
‘‘(a) IN GENERAL.—Except as provided in subsection (b) or as 
expressly provided in another provision of law, the Secretary of 
Transportation shall provide to the appropriate committees of Con-
gress notice of an announcement concerning a covered project at 
least 3 full business days before the announcement is made by 
the Department. 
‘‘(b) EMERGENCY PROGRAM.—With respect to an allocation of 
funds under section 125 of title 23, the Secretary shall provide 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate notice of the allocation— 
‘‘(1) at least 3 full business days before the issuance of 
the allocation; or 
‘‘(2) concurrently with the issuance of the allocation, if 
the allocation is made using the quick release process of the 
Department (or any successor process). 
‘‘(c) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘appropriate committees of Congress’ means— 
‘‘(A) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; and 
‘‘(B) the Committee on Environment and Public Works, 
the Committee on Commerce, Science, and Transportation, 
49 USC 311. 
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130 STAT. 1885 
PUBLIC LAW 114–322—DEC. 16, 2016 
and the Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
‘‘(2) COVERED PROJECT.—The term ‘covered project’ means 
a project competitively selected by the Department to receive 
a discretionary grant award, letter of intent, loan commitment, 
loan guarantee commitment, or line of credit commitment in 
an amount equal to or greater than $750,000. 
‘‘(3) DEPARTMENT.—The term ‘Department’ means the 
Department of Transportation, including the modal administra-
tions of the Department.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 
49, United States Code, is amended by inserting after the item 
relating to section 310 the following: 
‘‘311. Congressional notification requirements.’’. 
SEC. 5002. REAUTHORIZATION OF DENALI COMMISSION. 
(a) ADMINISTRATION.—Section 303 of the Denali Commission 
Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is amended— 
(1) in subsection (c)— 
(A) in the first sentence by striking ‘‘The Federal 
Cochairperson’’ and inserting the following: 
‘‘(1) TERM
OF
FEDERAL
COCHAIRPERSON.—The Federal 
Cochairperson’’; 
(B) in the second sentence by striking ‘‘All other mem-
bers’’ and inserting the following: 
‘‘(3) TERM OF ALL OTHER MEMBERS.—All other members’’; 
(C) in the third sentence by striking ‘‘Any vacancy’’ 
and inserting the following: 
‘‘(4) VACANCIES.—Except as provided in paragraph (2), any 
vacancy’’; and 
(D) by inserting before paragraph (3) (as designated 
by subparagraph (B)) the following: 
‘‘(2) INTERIM
FEDERAL
COCHAIRPERSON.—In the event of 
a vacancy for any reason in the position of Federal Cochair-
person, the Secretary may appoint an Interim Federal Cochair-
person, who shall have all the authority of the Federal Cochair-
person, to serve until such time as the vacancy in the position 
of Federal Cochairperson is filled in accordance with subsection 
(b)(2)).’’; and 
(2) by adding at the end the following: 
‘‘(f) NO
FEDERAL
EMPLOYEE
STATUS.—No member of the 
Commission, other than the Federal Cochairperson, shall be consid-
ered to be a Federal employee for any purpose. 
‘‘(g) CONFLICTS OF INTEREST.— 
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), no member of the Commission (referred to in this 
subsection as a ‘member’) shall participate personally or 
substantially, through recommendation, the rendering of advice, 
investigation, or otherwise, in any proceeding, application, 
request for a ruling or other determination, contract claim, 
controversy, or other matter in which, to the knowledge of 
the member, 1 or more of the following has a direct financial 
interest: 
‘‘(A) The member. 
‘‘(B) The spouse, minor child, or partner of the member. 
‘‘(C) An organization described in subparagraph (B), 
(C), (D), (E), or (F) of subsection (b)(1) for which the member 
49 USC 
prec. 301. 
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130 STAT. 1886 
PUBLIC LAW 114–322—DEC. 16, 2016 
is serving as an officer, director, trustee, partner, or 
employee. 
‘‘(D) Any individual, person, or organization with which 
the member is negotiating or has any arrangement con-
cerning prospective employment. 
‘‘(2) DISCLOSURE.—Paragraph (1) shall not apply if the 
member— 
‘‘(A) immediately advises the designated agency ethics 
official for the Commission of the nature and circumstances 
of the matter presenting a potential conflict of interest; 
‘‘(B) makes full disclosure of the financial interest; 
and 
‘‘(C) before the proceeding concerning the matter pre-
senting the conflict of interest, receives a written deter-
mination by the designated agency ethics official for the 
Commission that the interest is not so substantial as to 
be likely to affect the integrity of the services that the 
Commission may expect from the member. The written 
determination shall specify the rationale and any evidence 
or support for the decision, identify steps, if any, that 
should be taken to mitigate any conflict of interest, and 
be available to the public. 
‘‘(3) ANNUAL DISCLOSURES.—Once each calendar year, each 
member shall make full disclosure of financial interests, in 
a manner to be determined by the designated agency ethics 
official for the Commission. 
‘‘(4) TRAINING.—Once each calendar year, each member 
shall undergo disclosure of financial interests training, as pre-
scribed by the designated agency ethics official for the Commis-
sion. 
‘‘(5) CLARIFICATION.—A member of the Commission may 
continue to participate personally or substantially, through 
decision, approval, or disapproval on the focus of applications 
to be considered but not on individual applications where a 
conflict of interest exists. 
‘‘(6) VIOLATION.—Any person that violates this subsection 
shall be fined not more than $10,000, imprisoned for not more 
than 2 years, or both.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Section 310 of the Denali Commission 
Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) (as 
redesignated by section 1960(1) of SAFETEA–LU (Public Law 
109–59; 119 Stat. 1516)) is amended, in subsection (a), by 
striking ‘‘under section 4 under this Act’’ and all that follows 
through ‘‘2008’’ and inserting ‘‘under section 304, $15,000,000 
for each of fiscal years 2017 through 2021.’’. 
(2) CLERICAL
AMENDMENT.—Section 310 of the Denali 
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 
105–277) (as redesignated by section 1960(1) of SAFETEA– 
LU (Public Law 109–59; 119 Stat. 1516)) is redesignated as 
section 312. 
SEC. 5003. RECREATIONAL ACCESS FOR FLOATING CABINS AT TVA 
RESERVOIRS. 
The Tennessee Valley Authority Act of 1933 is amended by 
inserting after section 9a (16 U.S.C. 831h-1) the following: 
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130 STAT. 1887 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘SEC. 9b. RECREATIONAL ACCESS. 
‘‘(a) DEFINITION OF FLOATING CABIN.—In this section, the term 
‘floating cabin’ means a watercraft or other floating structure— 
‘‘(1) primarily designed and used for human habitation 
or occupation; and 
‘‘(2) not primarily designed or used for navigation or 
transportation on water. 
‘‘(b) RECREATIONAL ACCESS.—The Board may allow the use 
of a floating cabin if— 
‘‘(1) the floating cabin is maintained by the owner to reason-
able health, safety, and environmental standards, as required 
by the Board; 
‘‘(2) the Corporation has authorized the use of recreational 
vessels on the waters; and 
‘‘(3) the floating cabin was located on waters under the 
jurisdiction of the Corporation as of the date of enactment 
of this section. 
‘‘(c) FEES.—The Board may levy fees on the owner of a floating 
cabin on waters under the jurisdiction of the Corporation for the 
purpose of ensuring compliance with subsection (b) if the fees are 
necessary and reasonable for such purpose. 
‘‘(d) CONTINUED RECREATIONAL USE.— 
‘‘(1) IN GENERAL.—With respect to a floating cabin located 
on waters under the jurisdiction of the Corporation on the 
date of enactment of this section, the Board— 
‘‘(A) may not require the removal of the floating cabin— 
‘‘(i) in the case of a floating cabin that was granted 
a permit by the Corporation before the date of enact-
ment of this section, for a period of 15 years beginning 
on such date of enactment; and 
‘‘(ii) in the case of a floating cabin not granted 
a permit by the Corporation before the date of enact-
ment of this section, for a period of 5 years beginning 
on such date of enactment; and 
‘‘(B) shall approve and allow the use of the floating 
cabin on waters under the jurisdiction of the Corporation 
at such time and for such duration as— 
‘‘(i) the floating cabin meets the requirements of 
subsection (b); and 
‘‘(ii) the owner of the floating cabin has paid any 
fee assessed pursuant to subsection (c). 
‘‘(2) SAVINGS PROVISIONS.— 
‘‘(A) Nothing in this subsection restricts the ability 
of the Corporation to enforce reasonable health, safety, 
or environmental standards. 
‘‘(B) This section applies only to floating cabins located 
on waters under the jurisdiction of the Corporation. 
‘‘(e) NEW CONSTRUCTION.—The Corporation may establish regu-
lations to prevent the construction of new floating cabins.’’. 
SEC. 5004. GOLD KING MINE SPILL RECOVERY. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) CLAIMANT.—The term ‘‘claimant’’ means a State, Indian 
tribe, or local government that submits a claim under sub-
section (c). 
16 USC 831h–3. 
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130 STAT. 1888 
PUBLIC LAW 114–322—DEC. 16, 2016 
(3) GOLD KING MINE RELEASE.—The term ‘‘Gold King Mine 
release’’ means the discharge on August 5, 2015, of approxi-
mately 3,000,000 gallons of contaminated water from the Gold 
King Mine north of Silverton, Colorado, into Cement Creek 
that occurred while contractors of the Environmental Protection 
Agency were conducting an investigation of the Gold King 
Mine to assess mine conditions. 
(4) NATIONAL
CONTINGENCY
PLAN.—The term ‘‘National 
Contingency Plan’’ means the National Contingency Plan pre-
pared and published under part 300 of title 40, Code of Federal 
Regulations (or successor regulations). 
(5) RESPONSE.—The term ‘‘response’’ has the meaning given 
the term in section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601). 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Administrator should receive and process, as expeditiously as 
possible, claims under chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims Act’’) for any injury 
arising out of the Gold King Mine release. 
(c) GOLD KING MINE RELEASE CLAIMS PURSUANT
TO COM-
PREHENSIVE
ENVIRONMENTAL
RESPONSE, COMPENSATION, 
AND 
LIABILITY ACT.— 
(1) IN GENERAL.—The Administrator shall, consistent with 
the National Contingency Plan, receive and process under the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and pay from 
appropriations made available to the Administrator to carry 
out such Act, any claim made by a State, Indian tribe, or 
local government for eligible response costs relating to the 
Gold King Mine release. 
(2) ELIGIBLE RESPONSE COSTS.— 
(A) IN
GENERAL.—Response costs incurred between 
August 5, 2015, and September 9, 2016, are eligible for 
payment by the Administrator under this subsection, with-
out prior approval by the Administrator, if the response 
costs are consistent with the National Contingency Plan. 
(B) 
PRIOR
APPROVAL
REQUIRED.—Response 
costs 
incurred after September 9, 2016, are eligible for payment 
by the Administrator under this subsection if— 
(i) the Administrator approves the response costs 
under section 111(a)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9611(a)(2)); and 
(ii) the response costs are consistent with the 
National Contingency Plan. 
(3) TIMING.— 
(A) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall 
make a decision on, and pay, any eligible response costs 
submitted to the Administrator before such date of enact-
ment. 
(B) SUBSEQUENTLY FILED CLAIMS.—Not later than 90 
days after the date on which a claim is submitted to the 
Administrator, the Administrator shall make a decision 
on, and pay, any eligible response costs. 
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130 STAT. 1889 
PUBLIC LAW 114–322—DEC. 16, 2016 
(C) DEADLINE.—All claims under this subsection shall 
be submitted to the Administrator not later than 180 days 
after the date of enactment of this Act. 
(D) NOTIFICATION.—Not later than 30 days after the 
date on which the Administrator makes a decision under 
subparagraph (A) or (B), the Administrator shall notify 
the claimant of the decision. 
(d) WATER QUALITY PROGRAM.— 
(1) IN
GENERAL.—In response to the Gold King Mine 
release, the Administrator, in conjunction with affected States, 
Indian tribes, and local governments, shall, subject to the avail-
ability of appropriations, develop and implement a program 
for long-term water quality monitoring of rivers contaminated 
by the Gold King Mine release. 
(2) REQUIREMENTS.—In carrying out the program described 
in paragraph (1), the Administrator, in conjunction with 
affected States, Indian tribes, and local governments, shall— 
(A) collect water quality samples and sediment data; 
(B) provide the public with a means of viewing the 
water quality sample results and sediment data referred 
to in subparagraph (A) by, at a minimum, posting the 
information on the website of the Administrator; 
(C) take any other reasonable measure necessary to 
assist affected States, Indian tribes, and local governments 
with long-term water monitoring; and 
(D) carry out additional program activities related to 
long-term water quality monitoring that the Administrator 
determines to be necessary. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Administrator $4,000,000.00 
for each of fiscal years 2017 through 2021 to carry out this 
subsection, including the reimbursement of affected States, 
Indian tribes, and local governments for the costs of long- 
term water quality monitoring of any river contaminated by 
the Gold King Mine release. 
(e) EXISTING STATE AND TRIBAL LAW.—Nothing in this section 
affects the jurisdiction or authority of any department, agency, 
or officer of any State government or any Indian tribe. 
(f) SAVINGS CLAUSE.—Nothing in this section affects any right 
of any State, Indian tribe, or other person to bring a claim against 
the United States for response costs or natural resources damages 
pursuant to section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607). 
SEC. 5005. GREAT LAKES RESTORATION INITIATIVE. 
Section 118(c)(7) of the Federal Water Pollution Control Act 
(33 U.S.C. 1268(c)(7)) is amended— 
(1) by striking subparagraphs (B) and (C) and inserting 
the following: 
‘‘(B) FOCUS AREAS.—In carrying out the Initiative, the 
Administrator shall prioritize programs and projects, to 
be carried out in coordination with non-Federal partners, 
that address the priority areas described in the Initiative 
Action Plan, including— 
‘‘(i) the remediation of toxic substances and areas 
of concern; 
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PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(ii) the prevention and control of invasive species 
and the impacts of invasive species; 
‘‘(iii) the protection and restoration of nearshore 
health and the prevention and mitigation of nonpoint 
source pollution; 
‘‘(iv) habitat and wildlife protection and restora-
tion, including wetlands restoration and preservation; 
and 
‘‘(v) accountability, monitoring, evaluation, commu-
nication, and partnership activities. 
‘‘(C) PROJECTS.— 
‘‘(i) IN GENERAL.—In carrying out the Initiative, 
the Administrator shall collaborate with other Federal 
partners, including the Great Lakes Interagency Task 
Force established by Executive Order No. 13340 (69 
Fed. Reg. 29043), to select the best combination of 
programs and projects for Great Lakes protection and 
restoration using appropriate principles and criteria, 
including whether a program or project provides— 
‘‘(I) the ability to achieve strategic and meas-
urable environmental outcomes that implement 
the Initiative Action Plan and the Great Lakes 
Water Quality Agreement; 
‘‘(II) the feasibility of— 
‘‘(aa) prompt implementation; 
‘‘(bb) timely achievement of results; and 
‘‘(cc) resource leveraging; and 
‘‘(III) the opportunity to improve interagency, 
intergovernmental, 
and 
interorganizational 
coordination and collaboration to reduce duplica-
tion and streamline efforts. 
‘‘(ii) OUTREACH.—In selecting the best combination 
of programs and projects for Great Lakes protection 
and restoration under clause (i), the Administrator 
shall consult with the Great Lakes States and Indian 
tribes and solicit input from other non-Federal stake-
holders. 
‘‘(iii) HARMFUL ALGAL BLOOM COORDINATOR.—The 
Administrator shall designate a point person from an 
appropriate Federal partner to coordinate, with Federal 
partners and Great Lakes States, Indian tribes, and 
other non-Federal stakeholders, projects and activities 
under the Initiative involving harmful algal blooms 
in the Great Lakes.’’; 
(2) in subparagraph (D)— 
(A) by striking clause (i) and inserting the following: 
‘‘(i) IN GENERAL.—Subject to subparagraph (J)(ii), 
funds made available to carry out the Initiative shall 
be used to strategically implement— 
‘‘(I) Federal projects; 
‘‘(II) projects carried out in coordination with 
States, Indian tribes, municipalities, institutions 
of higher education, and other organizations; and 
‘‘(III) operations and activities of the Program 
Office, including remediation of sediment contami-
nation in areas of concern.’’; 
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130 STAT. 1891 
PUBLIC LAW 114–322—DEC. 16, 2016 
(B) in clause (ii)(I), by striking ‘‘(G)(i)’’ and inserting 
‘‘(J)(i)’’; and 
(C) by inserting after clause (ii) the following: 
‘‘(iii) AGREEMENTS WITH NON-FEDERAL ENTITIES.— 
‘‘(I) IN GENERAL.—The Administrator, or the 
head of any other Federal department or agency 
receiving funds under clause (ii)(I), may make a 
grant to, or otherwise enter into an agreement 
with, a qualified non-Federal entity, as determined 
by the Administrator or the applicable head of 
the other Federal department or agency receiving 
funds, for planning, research, monitoring, out-
reach, or implementation of a project selected 
under subparagraph (C), to support the Initiative 
Action Plan or the Great Lakes Water Quality 
Agreement. 
‘‘(II) QUALIFIED
NON-FEDERAL
ENTITY.—For 
purposes of this clause, a qualified non-Federal 
entity may include a governmental entity, non-
profit organization, institution, or individual.’’; and 
(3) by striking subparagraphs (E) through (G) and inserting 
the following: 
‘‘(E) SCOPE.— 
‘‘(i) IN
GENERAL.—Projects may be carried out 
under the Initiative on multiple levels, including— 
‘‘(I) locally; 
‘‘(II) Great Lakes-wide; or 
‘‘(III) Great Lakes basin-wide. 
‘‘(ii) LIMITATION.—No funds made available to 
carry out the Initiative may be used for any water 
infrastructure activity (other than a green infrastruc-
ture project that improves habitat and other ecosystem 
functions in the Great Lakes) for which financial assist-
ance is received— 
‘‘(I) from a State water pollution control 
revolving fund established under title VI; 
‘‘(II) from a State drinking water revolving 
loan fund established under section 1452 of the 
Safe Drinking Water Act (42 U.S.C. 300j–12); or 
‘‘(III) pursuant to the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 
3901 et seq.). 
‘‘(F) ACTIVITIES BY OTHER FEDERAL AGENCIES.—Each 
relevant Federal department or agency shall, to the max-
imum extent practicable— 
‘‘(i) maintain the base level of funding for the 
Great Lakes activities of that department or agency 
without regard to funding under the Initiative; and 
‘‘(ii) identify new activities and projects to support 
the environmental goals of the Initiative. 
‘‘(G) REVISION OF INITIATIVE ACTION PLAN.— 
‘‘(i) IN GENERAL.—Not less often than once every 
5 years, the Administrator, in conjunction with the 
Great Lakes Interagency Task Force, shall review, and 
revise as appropriate, the Initiative Action Plan to 
guide the activities of the Initiative in addressing the 
restoration and protection of the Great Lakes system. 
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130 STAT. 1892 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(ii) OUTREACH.—In reviewing and revising the Ini-
tiative Action Plan under clause (i), the Administrator 
shall consult with the Great Lakes States and Indian 
tribes and solicit input from other non-Federal stake-
holders. 
‘‘(H) MONITORING AND REPORTING.—The Administrator 
shall— 
‘‘(i) establish and maintain a process for monitoring 
and periodically reporting to the public on the progress 
made in implementing the Initiative Action Plan; 
‘‘(ii) make information about each project carried 
out under the Initiative Action Plan available on a 
public website; and 
‘‘(iii) provide to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works 
of the Senate a yearly detailed description of the 
progress of the Initiative and amounts transferred to 
participating Federal departments and agencies under 
subparagraph (D)(ii). 
‘‘(I) INITIATIVE ACTION PLAN DEFINED.—In this para-
graph, the term ‘Initiative Action Plan’ means the com-
prehensive, multiyear action plan for the restoration of 
the Great Lakes, first developed pursuant to the Joint 
Explanatory Statement of the Conference Report accom-
panying the Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2010 (Public Law 
111–88). 
‘‘(J) FUNDING.— 
‘‘(i) IN GENERAL.—There is authorized to be appro-
priated to carry out this paragraph $300,000,000 for 
each of fiscal years 2017 through 2021. 
‘‘(ii) LIMITATION.—Nothing in this paragraph cre-
ates, expands, or amends the authority of the Adminis-
trator to implement programs or projects under— 
‘‘(I) this section; 
‘‘(II) the Initiative Action Plan; or 
‘‘(III) the Great Lakes Water Quality Agree-
ment.’’. 
SEC. 5006. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS. 
(a) DEFINITIONS.—Section 2 of the National Dam Safety Pro-
gram Act (33 U.S.C. 467) is amended— 
(1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), 
(10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), 
(11), (13), (14), (15), and (16), respectively; 
(2) by inserting after paragraph (3) the following: 
‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL DAM.— 
‘‘(A) IN
GENERAL.—The term ‘eligible high hazard 
potential dam’ means a non-Federal dam that— 
‘‘(i) is located in a State with a State dam safety 
program; 
‘‘(ii) is classified as ‘high hazard potential’ by the 
State dam safety agency in the State in which the 
dam is located; 
‘‘(iii) has an emergency action plan approved by 
the relevant State dam safety agency; and 
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130 STAT. 1893 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(iv) the State in which the dam is located deter-
mines— 
‘‘(I) fails to meet minimum dam safety stand-
ards of the State; and 
‘‘(II) poses an unacceptable risk to the public. 
‘‘(B) EXCLUSION.—The term ‘eligible high hazard poten-
tial dam’ does not include— 
‘‘(i) a licensed hydroelectric dam; or 
‘‘(ii) a dam built under the authority of the Sec-
retary of Agriculture.’’; 
(3) by inserting after paragraph (9) (as redesignated by 
paragraph (1) of this subsection) the following: 
‘‘(10) NON-FEDERAL
SPONSOR.—The term ‘non-Federal 
sponsor’, in the case of a project receiving assistance under 
section 8A, includes— 
‘‘(A) a governmental organization; and 
‘‘(B) a nonprofit organization.’’; and 
(4) by inserting after paragraph (11) (as redesignated by 
paragraph (1) of this subsection) the following: 
‘‘(12) REHABILITATION.—The term ‘rehabilitation’ means the 
repair, replacement, reconstruction, or removal of a dam that 
is carried out to meet applicable State dam safety and security 
standards.’’. 
(b) PROGRAM FOR REHABILITATION OF HIGH HAZARD POTENTIAL 
DAMS.—The National Dam Safety Program Act is amended by 
inserting after section 8 (33 U.S.C. 467f) the following: 
‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS. 
‘‘(a) ESTABLISHMENT
OF PROGRAM.—The Administrator shall 
establish, within FEMA, a program to provide technical, planning, 
design, and construction assistance in the form of grants to non- 
Federal sponsors for rehabilitation of eligible high hazard potential 
dams. 
‘‘(b) ELIGIBLE ACTIVITIES.—A grant awarded under this section 
for a project may be used for— 
‘‘(1) repair; 
‘‘(2) removal; or 
‘‘(3) any other structural or nonstructural measures to 
rehabilitate an eligible high hazard potential dam. 
‘‘(c) AWARD OF GRANTS.— 
‘‘(1) APPLICATION.— 
‘‘(A) IN GENERAL.—A non-Federal sponsor interested 
in receiving a grant under this section may submit to 
the Administrator an application for the grant. 
‘‘(B) REQUIREMENTS.—An application submitted to the 
Administrator under this section shall be submitted at 
such time, be in such form, and contain such information 
as the Administrator may prescribe by regulation. 
‘‘(2) GRANT.— 
‘‘(A) IN
GENERAL.—The Administrator may make a 
grant in accordance with this section for rehabilitation 
of an eligible high hazard potential dam to a non-Federal 
sponsor that submits an application for the grant in accord-
ance with the regulations prescribed by the Administrator. 
‘‘(B) PROJECT GRANT AGREEMENT.—The Administrator 
shall enter into a project grant agreement with the non- 
33 USC 467f–2. 
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130 STAT. 1894 
PUBLIC LAW 114–322—DEC. 16, 2016 
Federal sponsor to establish the terms of the grant and 
the project, including the amount of the grant. 
‘‘(C) GRANT ASSURANCE.—As part of a project grant 
agreement under subparagraph (B), the Administrator 
shall require the non-Federal sponsor to provide an assur-
ance, with respect to the dam to be rehabilitated under 
the project, that the owner of the dam has developed and 
will carry out a plan for maintenance of the dam during 
the expected life of the dam. 
‘‘(D) LIMITATION.—A grant provided under this section 
shall not exceed the lesser of— 
‘‘(i) 12.5 percent of the total amount of funds made 
available to carry out this section; or 
‘‘(ii) $7,500,000. 
‘‘(d) REQUIREMENTS.— 
‘‘(1) APPROVAL.—A grant awarded under this section for 
a project shall be approved by the relevant State dam safety 
agency. 
‘‘(2) NON-FEDERAL SPONSOR REQUIREMENTS.—To receive a 
grant under this section, the non-Federal sponsor shall— 
‘‘(A) participate in, and comply with, all applicable 
Federal flood insurance programs; 
‘‘(B) have in place a hazard mitigation plan that— 
‘‘(i) includes all dam risks; and 
‘‘(ii) complies with the Disaster Mitigation Act of 
2000 (Public Law 106–390; 114 Stat. 1552); 
‘‘(C) commit to provide operation and maintenance of 
the project for the 50-year period following completion of 
rehabilitation; 
‘‘(D) comply with such minimum eligibility require-
ments as the Administrator may establish to ensure that 
each owner and operator of a dam under a participating 
State dam safety program and that receives assistance 
under this section— 
‘‘(i) acts in accordance with the State dam safety 
program; and 
‘‘(ii) carries out activities relating to the public 
in the area around the dam in accordance with the 
hazard mitigation plan described in subparagraph (B); 
and 
‘‘(E) comply with section 611(j)(9) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196(j)(9)) (as in effect on the date of enactment 
of this section) with respect to projects receiving assistance 
under this section in the same manner as recipients are 
required to comply in order to receive financial contribu-
tions from the Administrator for emergency preparedness 
purposes. 
‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— 
‘‘(1) IN GENERAL.—As a condition of receipt of assistance 
under this section, the non-Federal sponsor shall demonstrate 
that a floodplain management plan to reduce the impacts of 
future flood events in the area protected by the project— 
‘‘(A) is in place; or 
‘‘(B) will be— 
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130 STAT. 1895 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(i) developed not later than 1 year after the date 
of execution of a project agreement for assistance under 
this section; and 
‘‘(ii) implemented not later than 1 year after the 
date of completion of construction of the project. 
‘‘(2) INCLUSIONS.—A plan under paragraph (1) shall 
address— 
‘‘(A) potential measures, practices, and policies to 
reduce loss of life, injuries, damage to property and facili-
ties, public expenditures, and other adverse impacts of 
flooding in the area protected by the project; 
‘‘(B) plans for flood fighting and evacuation; and 
‘‘(C) public education and awareness of flood risks. 
‘‘(3) TECHNICAL SUPPORT.—The Administrator may provide 
technical support for the development and implementation of 
floodplain management plans prepared under this subsection. 
‘‘(f) PRIORITY SYSTEM.—The Administrator, in consultation with 
the Board, shall develop a risk-based priority system for use in 
identifying eligible high hazard potential dams for which grants 
may be made under this section. 
‘‘(g) FUNDING.— 
‘‘(1) COST SHARING.— 
‘‘(A) IN GENERAL.—Any assistance provided under this 
section for a project shall be subject to a non-Federal cost- 
sharing requirement of not less than 35 percent. 
‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Federal share 
under subparagraph (A) may be provided in the form of 
in-kind contributions. 
‘‘(2) ALLOCATION OF FUNDS.—The total amount of funds 
made available to carry out this section for each fiscal year 
shall be distributed as follows: 
‘‘(A) EQUAL
DISTRIBUTION.—1⁄3 shall be distributed 
equally among the States in which the projects for which 
applications are submitted under subsection (c)(1) are 
located. 
‘‘(B) NEED-BASED.—2⁄3 shall be distributed among the 
States in which the projects for which applications are 
submitted under subsection (c)(1) are located based on the 
proportion that— 
‘‘(i) the number of eligible high hazard potential 
dams in the State; bears to 
‘‘(ii) the number of eligible high hazard potential 
dams in all such States. 
‘‘(h) USE OF FUNDS.—None of the funds provided in the form 
of a grant or otherwise made available under this section shall 
be used— 
‘‘(1) to rehabilitate a Federal dam; 
‘‘(2) to perform routine operation or maintenance of a dam; 
‘‘(3) to modify a dam to produce hydroelectric power; 
‘‘(4) to increase water supply storage capacity; or 
‘‘(5) to make any other modification to a dam that does 
not also improve the safety of the dam. 
‘‘(i) CONTRACTUAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), as a condition 
on the receipt of a grant under this section of an amount 
greater than $1,000,000, a non-Federal sponsor that receives 
the grant shall require that each contract and subcontract 
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130 STAT. 1896 
PUBLIC LAW 114–322—DEC. 16, 2016 
for program management, construction management, planning 
studies, feasibility studies, architectural services, preliminary 
engineering, design, engineering, surveying, mapping, and 
related services entered into using funds from the grant be 
awarded in the same manner as a contract for architectural 
and engineering services is awarded under— 
‘‘(A) chapter 11 of title 40, United States Code; or 
‘‘(B) an equivalent qualifications-based requirement 
prescribed by the relevant State. 
‘‘(2) NO
PROPRIETARY
INTEREST.—A contract awarded in 
accordance with paragraph (1) shall not be considered to confer 
a proprietary interest upon the United States. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
‘‘(1) $10,000,000 for fiscal years 2017 and 2018; 
‘‘(2) $25,000,000 for fiscal year 2019; 
‘‘(3) $40,000,000 for fiscal year 2020; and 
‘‘(4) $60,000,000 for each of fiscal years 2021 through 
2026.’’. 
(c) RULEMAKING.— 
(1) PROPOSED RULEMAKING.—Not later than 90 days after 
the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency shall issue a notice 
of proposed rulemaking regarding applications for grants of 
assistance under the amendments made by subsection (b) to 
the National Dam Safety Program Act (33 U.S.C. 467 et seq.). 
(2) FINAL RULE.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Emergency Management Agency shall promulgate a final rule 
regarding the amendments described in paragraph (1). 
SEC. 5007. CHESAPEAKE BAY GRASS SURVEY. 
Section 117(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1267(i)) is amended by adding at the end the following: 
‘‘(3) ANNUAL SURVEY.—The Administrator shall carry out 
an annual survey of sea grasses in the Chesapeake Bay.’’. 
SEC. 5008. WATER INFRASTRUCTURE FINANCE AND INNOVATION. 
(a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 5023(b)(2) of 
the Water Infrastructure Finance and Innovation Act of 2014 (33 
U.S.C. 3902(b)(2)) is amended by striking ‘‘carry out’’ and inserting 
‘‘provide financial assistance to carry out’’. 
(b) PROJECTS ELIGIBLE FOR ASSISTANCE.— 
(1) IN GENERAL.—Section 5026 of the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 3905) is 
amended— 
(A) in paragraph (6)— 
(i) by striking ‘‘desalination project’’ and inserting 
‘‘desalination project, including chloride control’’; and 
(ii) by striking ‘‘or a water recycling project’’ and 
inserting ‘‘a water recycling project, or a project to 
provide alternative water supplies to reduce aquifer 
depletion’’; 
(B) by redesignating paragraphs (7), (8), and (9) as 
paragraphs (8), (9), and (10), respectively; 
(C) by inserting after paragraph (6) the following: 
33 USC 467f–2 
note. 
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130 STAT. 1897 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(7) A project to prevent, reduce, or mitigate the effects 
of drought, including projects that enhance the resilience of 
drought-stricken watersheds.’’; and 
(D) in paragraph (10) (as redesignated by subpara-
graph (B)), by striking ‘‘or (7)’’ and inserting ‘‘(7), or (8)’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 5023(b) of the Water Infrastructure Finance 
and Innovation Act of 2014 (33 U.S.C. 3902(b)) is 
amended— 
(i) in paragraph (2) by striking ‘‘and (8)’’ and 
inserting ‘‘(7), and (9)’’; and 
(ii) in paragraph (3) by striking ‘‘paragraph (7) 
or (9)’’ and inserting ‘‘paragraph (8) or (10)’’. 
(B) Section 5024(b) of the Water Infrastructure Finance 
and Innovation Act of 2014 (33 U.S.C. 3903(b)) is amended 
by striking ‘‘paragraph (8) or (9)’’ and inserting ‘‘paragraph 
(9) or (10)’’. 
(C) Section 5027(3) of the Water Infrastructure Finance 
and Innovation Act of 2014 (33 U.S.C. 3906(3)) is amended 
by striking ‘‘section 5026(7)’’ and inserting ‘‘section 
5026(8)’’. 
(D) Section 5028 of the Water Infrastructure Finance 
and Innovation Act of 2014 (33 U.S.C. 3907) is amended— 
(i) in subsection (a)(1)(E)— 
(I) by striking ‘‘section 5026(9)’’ and inserting 
‘‘section 5026(10)’’; and 
(II) by striking ‘‘section 5026(8)’’ and inserting 
‘‘section 5026(9)’’; and 
(ii) in subsection (b)(3) by striking ‘‘section 5026(8)’’ 
and inserting ‘‘section 5026(9)’’. 
(c) TERMS
AND CONDITIONS.—Section 5029(b) of the Water 
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
3908(b)) is amended— 
(1) in paragraph (7)— 
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Secretary’’; and 
(B) by adding at the end the following: 
‘‘(B) FINANCING FEES.—On request of an eligible entity, 
the Secretary or the Administrator, as applicable, shall 
allow the fees under subparagraph (A) to be financed as 
part of the loan.’’; and 
(2) by adding at the end the following: 
‘‘(10) CREDIT.—Any eligible project costs incurred and the 
value of any integral in-kind contributions made before receipt 
of assistance under this subtitle shall be credited toward the 
51 percent of project costs to be provided by sources of funding 
other than a secured loan under this subtitle (as described 
in paragraph (2)(A)).’’. 
(d) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) appropriations made available to carry out the Water 
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
3901 et seq.) should be in addition to robust funding for the 
State water pollution control revolving funds established under 
title VI of the Federal Water Pollution Control Act (33 U.S.C. 
1381 et seq.) and State drinking water treatment revolving 
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130 STAT. 1898 
PUBLIC LAW 114–322—DEC. 16, 2016 
loan funds established under section 1452 of the Safe Drinking 
Water Act (42 U.S.C. 300j–12); and 
(2) the appropriations made available for the funds referred 
to in paragraph (1) should not decrease for any fiscal year. 
SEC. 5009. REPORT ON GROUNDWATER CONTAMINATION. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, and annually thereafter for the next 4 
years, the Secretary of the Navy shall submit a report to Congress 
on the groundwater contamination from the site that includes— 
(1) a description of the status of the groundwater contami-
nants that are leaving the site and migrating to a location 
within a 10-mile radius of the site, including— 
(A) detailed mapping of the movement of the plume 
over time; and 
(B) projected migration rates of the plume; 
(2) an analysis of the current and future impact of the 
movement of the plume on drinking water facilities; and 
(3) a comprehensive strategy to prevent the groundwater 
contaminants from the site from contaminating drinking water 
wells that, as of the date of the submission of the report, 
have not been affected by the migration of the plume. 
(b) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) COMPREHENSIVE STRATEGY.—The term ‘‘comprehensive 
strategy’’ means a plan for— 
(A) the remediation of the plume under the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.); or 
(B) corrective action under the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.). 
(2) GROUNDWATER.—The term ‘‘groundwater’’ means water 
in a saturated zone or stratum beneath the surface of land 
or water. 
(3) PLUME.—The term ‘‘plume’’ means any hazardous waste 
(as defined in section 1004 of the Solid Waste Disposal Act 
(42 U.S.C. 6903)) or hazardous substance (as defined in section 
101 of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601)) found in 
the groundwater supply. 
(4) SITE.—The term ‘‘site’’ means the site located at 830 
South Oyster Bay Road, Bethpage, New York, 11714 (Environ-
mental 
Protection 
Agency 
identification 
number 
NYD002047967). 
SEC. 5010. COLUMBIA RIVER BASIN RESTORATION. 
Title I of the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) is amended by adding at the end the following: 
‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORATION. 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) COLUMBIA RIVER BASIN.—The term ‘Columbia River 
Basin’ means the entire United States portion of the Columbia 
River watershed. 
‘‘(2) ESTUARY PARTNERSHIP.—The term ‘Estuary Partner-
ship’ means the Lower Columbia Estuary Partnership, an entity 
33 USC 1275. 
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130 STAT. 1899 
PUBLIC LAW 114–322—DEC. 16, 2016 
created by the States of Oregon and Washington and the 
Environmental Protection Agency under section 320. 
‘‘(3) ESTUARY PLAN.— 
‘‘(A) IN GENERAL.—The term ‘Estuary Plan’ means the 
Estuary Partnership Comprehensive Conservation and 
Management Plan adopted by the Environmental Protec-
tion Agency and the Governors of Oregon and Washington 
on October 20, 1999, under section 320. 
‘‘(B) INCLUSION.—The term ‘Estuary Plan’ includes any 
amendments to the plan. 
‘‘(4) LOWER COLUMBIA RIVER ESTUARY.—The term ‘Lower 
Columbia River Estuary’ means the mainstem Columbia River 
from the Bonneville Dam to the Pacific Ocean and tidally 
influenced portions of tributaries to the Columbia River in 
that region. 
‘‘(5) MIDDLE AND UPPER COLUMBIA RIVER BASIN.—The term 
‘Middle and Upper Columbia River Basin’ means the region 
consisting of the United States portion of the Columbia River 
Basin above Bonneville Dam. 
‘‘(6) PROGRAM.—The term ‘Program’ means the Columbia 
River Basin Restoration Program established under subsection 
(b)(1)(A). 
‘‘(b) COLUMBIA RIVER BASIN RESTORATION PROGRAM.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—The Administrator shall establish 
within the Environmental Protection Agency a Columbia 
River Basin Restoration Program. 
‘‘(B) EFFECT.— 
‘‘(i) The establishment of the Program does not 
modify any legal or regulatory authority or program 
in effect as of the date of enactment of this section, 
including the roles of Federal agencies in the Columbia 
River Basin. 
‘‘(ii) This section does not create any new regu-
latory authority. 
‘‘(2) SCOPE
OF
PROGRAM.—The Program shall consist of 
a collaborative stakeholder-based program for environmental 
protection and restoration activities throughout the Columbia 
River Basin. 
‘‘(3) DUTIES.—The Administrator shall— 
‘‘(A) assess trends in water quality, including trends 
that affect uses of the water of the Columbia River Basin; 
‘‘(B) collect, characterize, and assess data on water 
quality to identify possible causes of environmental prob-
lems; and 
‘‘(C) provide grants in accordance with subsection (d) 
for projects that assist in— 
‘‘(i) eliminating or reducing pollution; 
‘‘(ii) cleaning up contaminated sites; 
‘‘(iii) improving water quality; 
‘‘(iv) monitoring to evaluate trends; 
‘‘(v) reducing runoff; 
‘‘(vi) protecting habitat; or 
‘‘(vii) promoting citizen engagement or knowledge. 
‘‘(c) STAKEHOLDER WORKING GROUP.— 
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130 STAT. 1900 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(1) ESTABLISHMENT.—The Administrator shall establish 
a Columbia River Basin Restoration Working Group (referred 
to in this subsection as the ‘Working Group’). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—Membership in the Working Group 
shall be on a voluntary basis and any person invited by 
the Administrator under this subsection may decline mem-
bership. 
‘‘(B) INVITED
REPRESENTATIVES.—The Administrator 
shall invite, at a minimum, representatives of— 
‘‘(i) each State located in whole or in part in the 
Columbia River Basin; 
‘‘(ii) the Governors of each State located in whole 
or in part in the Columbia River Basin; 
‘‘(iii) each federally recognized Indian tribe in the 
Columbia River Basin; 
‘‘(iv) local governments in the Columbia River 
Basin; 
‘‘(v) industries operating in the Columbia River 
Basin that affect or could affect water quality; 
‘‘(vi) electric, water, and wastewater utilities oper-
ating in the Columba River Basin; 
‘‘(vii) private landowners in the Columbia River 
Basin; 
‘‘(viii) soil and water conservation districts in the 
Columbia River Basin; 
‘‘(ix) nongovernmental organizations that have a 
presence in the Columbia River Basin; 
‘‘(x) the general public in the Columbia River 
Basin; and 
‘‘(xi) the Estuary Partnership. 
‘‘(3) GEOGRAPHIC
REPRESENTATION.—The Working Group 
shall include representatives from— 
‘‘(A) each State located in whole or in part in the 
Columbia River Basin; and 
‘‘(B) each of the lower, middle, and upper basins of 
the Columbia River. 
‘‘(4) DUTIES AND RESPONSIBILITIES.—The Working Group 
shall— 
‘‘(A) recommend and prioritize projects and actions; 
and 
‘‘(B) review the progress and effectiveness of projects 
and actions implemented. 
‘‘(5) LOWER COLUMBIA RIVER ESTUARY.— 
‘‘(A) ESTUARY PARTNERSHIP.—The Estuary Partnership 
shall perform the duties and fulfill the responsibilities of 
the Working Group described in paragraph (4) as those 
duties and responsibilities relate to the Lower Columbia 
River Estuary for such time as the Estuary Partnership 
is the management conference for the Lower Columbia 
River National Estuary Program under section 320. 
‘‘(B) DESIGNATION.—If the Estuary Partnership ceases 
to be the management conference for the Lower Columbia 
River National Estuary Program under section 320, the 
Administrator may designate the new management con-
ference to assume the duties and responsibilities of the 
Working Group described in paragraph (4) as those duties 
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130 STAT. 1901 
PUBLIC LAW 114–322—DEC. 16, 2016 
and responsibilities relate to the Lower Columbia River 
Estuary. 
‘‘(C) INCORPORATION.—If the Estuary Partnership is 
removed from the National Estuary Program, the duties 
and responsibilities for the lower 146 miles of the Columbia 
River pursuant to this section shall be incorporated into 
the duties of the Working Group. 
‘‘(d) GRANTS.— 
‘‘(1) IN GENERAL.—The Administrator shall establish a vol-
untary, competitive Columbia River Basin program to provide 
grants to State governments, tribal governments, regional 
water pollution control agencies and entities, local government 
entities, nongovernmental entities, or soil and water conserva-
tion districts to develop or implement projects authorized under 
this section for the purpose of environmental protection and 
restoration activities throughout the Columbia River Basin. 
‘‘(2) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Federal share of the cost of any project or activity 
carried out using funds from a grant provided to any person 
(including a State, tribal, or local government or interstate 
or regional agency) under this subsection for a fiscal year— 
‘‘(i) shall not exceed 75 percent of the total cost 
of the project or activity; and 
‘‘(ii) shall be made on condition that the non-Fed-
eral share of such total cost shall be provided from 
non-Federal sources. 
‘‘(B) EXCEPTIONS.—With respect to cost-sharing for a 
grant provided under this subsection— 
‘‘(i) a tribal government may use Federal funds 
for the non-Federal share; and 
‘‘(ii) the Administrator may increase the Federal 
share under such circumstances as the Administrator 
determines to be appropriate. 
‘‘(3) ALLOCATION.—In making grants using funds appro-
priated to carry out this section, the Administrator shall— 
‘‘(A) provide not less than 25 percent of the funds 
to make grants for projects, programs, and studies in the 
Lower Columbia River Estuary; 
‘‘(B) provide not less than 25 percent of the funds 
to make grants for projects, programs, and studies in the 
Middle and Upper Columbia River Basin, including the 
Snake River Basin; and 
‘‘(C) retain not more than 5 percent of the funds for 
the Environmental Protection Agency for purposes of imple-
menting this section. 
‘‘(4) REPORTING.— 
‘‘(A) IN GENERAL.—Each grant recipient under this sub-
section shall submit to the Administrator reports on 
progress being made in achieving the purposes of this 
section. 
‘‘(B) REQUIREMENTS.—The Administrator shall estab-
lish requirements and timelines for recipients of grants 
under this subsection to report on progress made in 
achieving the purposes of this section. 
‘‘(5) RELATIONSHIP TO OTHER FUNDING.— 
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130 STAT. 1902 
PUBLIC LAW 114–322—DEC. 16, 2016 
‘‘(A) IN GENERAL.—Nothing in this subsection limits 
the eligibility of the Estuary Partnership to receive funding 
under section 320(g). 
‘‘(B) LIMITATION.—None of the funds made available 
under this subsection may be used for the administration 
of a management conference under section 320. 
‘‘(e) ANNUAL BUDGET PLAN.—The President, as part of the 
annual budget submission of the President to Congress under sec-
tion 1105(a) of title 31, United States Code, shall submit information 
regarding each Federal agency involved in protection and restora-
tion of the Columbia River Basin, including an interagency crosscut 
budget that displays for each Federal agency— 
‘‘(1) the amounts obligated for the preceding fiscal year 
for protection and restoration projects, programs, and studies 
relating to the Columbia River Basin; 
‘‘(2) the estimated budget for the current fiscal year for 
protection and restoration projects, programs, and studies 
relating to the Columbia River Basin; and 
‘‘(3) the proposed budget for protection and restoration 
projects, programs, and studies relating to the Columbia River 
Basin.’’. 
SEC. 5011. REGULATION OF ABOVEGROUND STORAGE AT FARMS. 
Section 1049(c) of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 1361 note; Public Law 113–121) is 
amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting appropriately; 
(2) by striking the subsection designation and heading and 
all that follows through ‘‘subsection (b),’’ and inserting the 
following: 
‘‘(c) REGULATION OF ABOVEGROUND STORAGE AT FARMS.— 
‘‘(1) CALCULATION OF AGGREGATE ABOVEGROUND STORAGE 
CAPACITY.—For purposes of subsection (b),’’; and 
(3) by adding at the end the following: 
‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of title 40, Code 
of Federal Regulations (or successor regulations), shall not 
apply to the following containers located at a farm: 
‘‘(A) Containers on a separate parcel that have— 
‘‘(i) an individual capacity of not greater than 1,000 
gallons; and 
‘‘(ii) an aggregate capacity of not greater than 
2,500 gallons. 
‘‘(B) A container holding animal feed ingredients 
approved for use in livestock feed by the Food and Drug 
Administration.’’. 
SEC. 5012. IRRIGATION DISTRICTS. 
Section 603(i)(1) of the Federal Water Pollution Control Act 
(33 U.S.C. 1383) is amended— 
(1) in the matter preceding subparagraph (A) by striking 
‘‘to a municipality or intermunicipal, interstate, or State 
agency’’ and inserting ‘‘to an eligible recipient’’; and 
(2) in subparagraph (A), in the matter preceding clause 
(i), by inserting ‘‘in assistance to a municipality or intermunic-
ipal, interstate, or State agency’’ before ‘‘to benefit’’. 
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130 STAT. 1903 
PUBLIC LAW 114–322—DEC. 16, 2016 
SEC. 5013. ESTUARY RESTORATION. 
(a) PARTICIPATION OF NON-FEDERAL INTERESTS.—Section 104(f) 
of the Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is 
amended by adding at the end the following: 
‘‘(3) PROJECT AGREEMENTS.—For a project carried out under 
this title, the requirements of section 103(j)(1) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may 
be fulfilled by a nongovernmental organization serving as the 
non-Federal interest for the project pursuant to paragraph (2).’’. 
(b) EXTENSION.—Section 109(a) of the Estuary Restoration Act 
of 2000 (33 U.S.C. 2908(a)) is amended by striking ‘‘2012’’ each 
place it appears and inserting ‘‘2021’’. 
SEC. 5014. ENVIRONMENTAL BANKS. 
The Coastal Wetlands Planning, Protection and Restoration 
Act (Public Law 101–646; 16 U.S.C. 3951 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 309. ENVIRONMENTAL BANKS. 
‘‘(a) GUIDELINES.—Not later than 1 year after the date of enact-
ment of the Water Resources Development Act of 2016, the Task 
Force shall, after public notice and opportunity for comment, issue 
guidelines for the use, maintenance, and oversight of environmental 
banks in Louisiana. 
‘‘(b) REQUIREMENTS.—The guidelines issued pursuant to sub-
section (a) shall— 
‘‘(1) set forth procedures for establishment and approval 
of environmental banks subject to the approval of the heads 
of the appropriate Federal agencies responsible for implementa-
tion of Federal environmental laws for which mitigation credits 
may be used; 
‘‘(2) establish criteria for siting of environmental banks 
that enhance the resilience of coastal resources to inundation 
and coastal erosion in high priority areas, as identified within 
Federal or State restoration plans, including the restoration 
of resources within the scope of a project authorized for 
construction; 
‘‘(3) establish criteria that ensure environmental banks 
secure adequate financial assurances and legally enforceable 
protection for the land or resources that generate the credits 
from environmental banks; 
‘‘(4) stipulate that credits from environmental banks may 
not be used for mitigation of impacts required under section 
404 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) or the Endangered Species Act (16 U.S.C. 1531 et seq.) 
in an area where an existing mitigation bank approved pursu-
ant to such laws within 5 years of enactment of the Water 
Resources Development Act of 2016 has credits available; 
‘‘(5) establish performance criteria for environmental banks; 
and 
‘‘(6) establish criteria and financial assurance for the oper-
ation and monitoring of environmental banks. 
‘‘(c) ENVIRONMENTAL BANK.— 
‘‘(1) DEFINITION OF ENVIRONMENTAL BANK.—In this section, 
the term ‘environmental bank’ means a project, project incre-
ment, or projects for purposes of restoring, creating, or 
16 USC 3957. 
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130 STAT. 1904 
PUBLIC LAW 114–322—DEC. 16, 2016 
LEGISLATIVE HISTORY—S. 612: 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): May 21, considered and passed Senate. 
Vol. 162 (2016): Dec. 8, considered and passed House, amended. Senate 
considered concurring in House amendment. 
Dec. 9, Senate concurred in House amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 
Dec. 16, Presidential statement. 
enhancing natural resources at a designated site to establish 
mitigation credits. 
‘‘(2) CREDITS.—Mitigation credits created from environ-
mental banks approved pursuant to this section may be used 
to satisfy existing liability under Federal environmental laws. 
‘‘(d) SAVINGS CLAUSE.— 
‘‘(1) APPLICATION OF FEDERAL LAW.—Guidelines developed 
under this section and mitigation carried out through an 
environmental bank established pursuant to such guidelines 
shall comply with all applicable requirements of Federal law 
(including regulations), including— 
‘‘(A) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
‘‘(B) the Endangered Species Act (16 U.S.C. 1531 et 
seq.); 
‘‘(C) the Oil Pollution Act of 1990 (33 U.S.C. 2701 
et seq.); 
‘‘(D) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
‘‘(E) section 906 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2283). 
‘‘(2) STATUTORY
CONSTRUCTION.—Nothing in this section 
may be construed to affect— 
‘‘(A) any authority, regulatory determination, or legal 
obligation in effect the day before the date of enactment 
of the Water Resources Development Act of 2016; or 
‘‘(B) the obligations or requirements of any Federal 
environmental law. 
‘‘(e) SUNSET.—No new environmental bank may be created or 
approved pursuant to this section after the date that is 10 years 
after the date of enactment of this section.’’. 
Approved December 16, 2016. 
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