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PUBLIC LAW 114–322—DEC. 16, 2016

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WATER INFRASTRUCTURE IMPROVEMENTS
FOR THE NATION ACT

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130 STAT. 1628

PUBLIC LAW 114–322—DEC. 16, 2016

Public Law 114–322
114th Congress
An Act
Dec. 16, 2016
[S. 612]

Water
Infrastructure
Improvements
for the Nation
Act.
33 USC 2201
note.

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 Infrastructure 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.

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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.

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1629

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.

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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 Louisiana.
Sec. 1315. Green River and Barren River, Kentucky.
Sec. 1316. Hannibal Small Boat Harbor, Hannibal, Missouri.
Sec. 1317. Land transfer and trust land for Muscogee (Creek) Nation.
Sec. 1318. Cameron County, Texas.
Sec. 1319. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
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.

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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

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.

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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 Settlement.
Subtitle G—Blackfeet Water Rights Settlement
Sec. 3701. Short title.
Sec. 3702. Purposes.
Sec. 3703. Definitions.
Sec. 3704. Ratification of compact.
Sec. 3705. Milk river water right.
Sec. 3706. Water delivery through milk river project.
Sec. 3707. Bureau of reclamation activities to improve water management.
Sec. 3708. St. Mary canal hydroelectric power generation.
Sec. 3709. Storage allocation from Lake Elwell.
Sec. 3710. Irrigation activities.
Sec. 3711. Design and construction of MR&I System.
Sec. 3712. Design and construction of water storage and irrigation facilities.
Sec. 3713. Blackfeet water, storage, and development projects.
Sec. 3714. Easements and rights-of-way.
Sec. 3715. Tribal water rights.
Sec. 3716. Blackfeet settlement trust fund.
Sec. 3717. Blackfeet water settlement implementation fund.
Sec. 3718. Authorization of appropriations.
Sec. 3719. Water rights in Lewis and Clark National Forest and Glacier National
Park.
Sec. 3720. Waivers and releases of claims.
Sec. 3721. Satisfaction of claims.
Sec. 3722. Miscellaneous provisions.

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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
Water Resources
Development Act
of 2016.
33 USC 2201
note.
33 USC 2201
note.

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

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SEC. 1101. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.

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:

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130 STAT. 1633

‘‘(c) YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.—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 maintenance under section 204(f) of the Water Resources Development
Act of 1986 (33 U.S.C. 2232(f)).

33 USC 2232
note.

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 following:
‘‘(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 breakwaters 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).

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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)—

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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’’.

33 USC 2326d.

SEC. 1106. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING.

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance 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 subparagraph (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.’’.
33 USC 2238d.

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.

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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:

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1635

‘‘(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 redesignated) by striking ‘‘The term’’ and inserting the following:
‘‘(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 mediumsized 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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(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 Protection’’ 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 following:
‘‘(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.’’.

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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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(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 enactment of the Water Resources Development Act of 2016, the Secretary shall publish on the website of the Corps of Engineers
guidance on the implementation of this section and the amendments
made by this section.’’.

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SEC. 1113. NON-FEDERAL INTEREST DREDGING AUTHORITY.

33 USC 2238
note.

33 USC 2326e.

(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 maintenance 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 maintenance 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 maintenance 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 Government; 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 Government 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 element 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—

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(1) improved reliability and safety for navigation; and
(2) cost savings to the Federal Government.
(g) TERMINATION OF AUTHORITY.—The authority of the Secretary 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 Development Act of 2000 (33 U.S.C. 2326c) is amended to read as follows:

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‘‘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 preand 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 determination 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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and Public Works of the Senate written notice describing the
reasoning for the determination.
‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In exchange for providing 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 compensation 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 Committee 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.’’.

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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 measures approved by such evaluations.
(b) ELIGIBILITY.—Water supply conservation measures evaluated 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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(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 reduction, 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-CoosaTallapoosa 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 structures.
(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 Engineers project, or affects the applicability of section 301 of the
Water Supply Act of 1958 (43 U.S.C. 390b).

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43 USC 390b–2.

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 development 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—

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(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 purpose.
(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 submitted 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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(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 Congress.
(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 subsection (a) shall be 100 percent of the separable operation
and maintenance costs associated with the costs of implementing 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 rehabilitation 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 submitted 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 assistance in obtaining necessary permits for construction, if the nonFederal interest contracts with the Secretary to pay all costs of
providing the technical assistance.

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(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 modifies 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)).’’.

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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 Representatives 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 Consultation 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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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 subparagraph (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 paragraph (1).
‘‘(B) RECOMMENDATION.—A report under subparagraph
(A) may, but shall not be required to, contain a recommendation 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 determines 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 Secretary 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 following:
‘‘(2) CREDIT.—The Secretary may credit toward the nonFederal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other inkind 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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‘‘(B) OTHER COSTS.—The non-Federal share of costs
of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes 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 subsection (b)(1) shall be 50 percent.’’.

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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 material 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 benefits; and
(B) the need for a diversity of project types and geographical 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 identify 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.

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(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 implemented 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 beneficial 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

(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 following:
‘‘(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, subject 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.

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SEC. 1124. CORPS OF ENGINEERS OPERATION OF UNMANNED AIRCRAFT SYSTEMS.

33 USC 576c.

(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 Engineers—
(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

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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 companies’’ and inserting ‘‘, natural gas companies, and railroad carriers, 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.’’.

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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 segment 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 Secretary 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

‘‘(i) the construction of the discrete segment for
which credit or reimbursement is requested is complete; 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 nonFederal interest may carry out; and
‘‘(II) agree to the completion of the flood damage reduction project, or separable element thereof,
with respect to which the discrete segment is a
part and establish a timeframe for such completion.
‘‘(ii) REMITTANCE.—If a non-Federal interest fails
to complete a flood damage reduction project, or separable 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).’’.

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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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PUBLIC LAW 114–322—DEC. 16, 2016

Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth 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).’’.

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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 paragraphs (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 government’’ 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1651

(i) in the matter preceding subparagraph (A)—
(I) 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
(II) by striking ‘‘State, local, and tribal governments 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-Federal interests, and other appropriate stakeholders’’;
(2) in subsection (e)(1) in the matter preceding subparagraph (A) by striking ‘‘States, communities, and levee owners’’
and inserting ‘‘States, regional districts, Indian tribes, communities, 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 enactment 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 districts, 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 Development Act of 2007 (33 U.S.C. 3303b) is amended—
(1) in subsection (a)(1)—

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130 STAT. 1653

(A) in the matter preceding subparagraph (A) 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 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’’.

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SEC. 1132. POST-AUTHORIZATION CHANGE REPORTS.

33 USC 2282e.

(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 Infrastructure 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 Secretary 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

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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.
33 USC 2326f.

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 maintenance dredging carried out by Federal and non-Federal vessels.
(b) SCOPE.—The Secretary shall include in the database maintained 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 Development Act of 2007 (33 U.S.C. 2345) is amended to read as follows:

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‘‘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 determinations; 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 otherwise prohibited by law.

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1655

‘‘(b) SYSTEM REQUIREMENTS.—The electronic system required
under subsection (a) shall—
‘‘(1) enable an applicant or requester to prepare electronically 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 assistance 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 disposition of the request;
‘‘(B) allow the applicant or requester to research previously 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 minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation 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 reproduction.
‘‘(2) PROTECTION OF INFORMATION.—The Secretary shall
provide for the protection of personal, private, privileged, confidential, 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 implement, to the maximum extent practicable, the electronic system
required under subsection (a) not later than 2 years after

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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 Committee 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 implemented 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 submission to the Secretary, acting through the Chief of Engineers, of
a physical copy of a permit application or a request for a jurisdictional 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, privileged information, law enforcement information, national security
information, infrastructure security information, personal information, 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 agreements, with State, tribal, and local governments and other Federal
agencies.’’.

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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

(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 ARTICLES.

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 ARTICLES.—
‘‘(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 supplies outside of the United States.
‘‘(B) CONTENTS.—The report required under subparagraph (A) shall indicate, for each category of acquisition—
‘‘(i) the dollar value of articles, materials, and supplies 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 manufactured outside of the United States.
‘‘(C) PUBLIC AVAILABILITY.—Not later than 30 days
after the submission of the report required under subparagraph (A), the Secretary shall make such report publicly
available, including on the Internet.’’.

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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 recovered under the terms of each project.’’.

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130 STAT. 1658
33 USC 467n
note.

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 requirement 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 purposes 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 prevention activities, including which activities were undertaken.’’.

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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.

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130 STAT. 1659

SEC. 1144. PRIORITIZATION OF CERTAIN PROJECTS.

33 USC 2341b.

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 disaster 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 Secretary, in coordination with the Gulf States, shall conduct an assessment 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 enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report on the assessment conducted under subsection (b).
SEC. 1146. INITIATING WORK ON SEPARABLE ELEMENTS.

33 USC 2331a.

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.

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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 transmission 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 Secretary shall report to Congress on the implementation of subsection
(a).

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PUBLIC LAW 114–322—DEC. 16, 2016

SEC. 1148. RECREATIONAL ACCESS AT CORPS OF ENGINEERS RESERVOIRS.

Section 1035 of the Water Resources Reform and Development
Act of 2014 (Public Law 113–121; 128 Stat. 1234) is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) RECREATIONAL ACCESS.—The Secretary shall allow the use
of a floating cabin on waters under the jurisdiction of the Secretary
in the Cumberland River basin if—
‘‘(1) the floating cabin—
‘‘(A) is in compliance with, and maintained by the
owner to satisfy the requirements of, regulations for recreational vessels, including health and safety standards,
issued under chapter 43 of title 46, United States Code,
and section 312 of the Federal Water Pollution Control
Act (33 U.S.C. 1322); and
‘‘(B) is located at a marina leased by the Corps of
Engineers; and
‘‘(2) the Secretary has authorized the use of recreational
vessels on such waters.’’; and
(2) by adding at the end the following:
‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.—
‘‘(1) IN GENERAL.—Nothing in this section may be construed
to authorize the Secretary to impose requirements on a floating
cabin or on any facility that serves a floating cabin, including
marinas or docks located on waters under the jurisdiction of
the Secretary in the Cumberland River basin, that are different
or more stringent than the requirements imposed on all recreational vessels authorized to use such waters.
‘‘(2) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) VESSEL.—The term ‘vessel’ has the meaning given
that term in section 3 of title 1, United States Code.
‘‘(B) REQUIREMENT.—The term ‘requirement’ includes
a requirement imposed through the utilization of guidance.’’.

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33 USC 1223
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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 identified 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

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130 STAT. 1661

(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 determining 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 structural and nonstructural technologies and measures, for preventing
and mitigating flood damages associated with ice jams.
(b) INCLUSION.—The projects described in subsection (a) may
include the development and demonstration of cost-effective technologies and designs developed in consultation with—
(1) the Cold Regions Research and Engineering Laboratory
of the Corps of Engineers;
(2) universities;
(3) Federal, State, and local agencies; and
(4) private organizations.
(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.

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SEC. 1151. STRUCTURAL HEALTH MONITORING.

33 USC 701s
note.

33 USC 2353.

(a) IN GENERAL.—The Secretary shall design and develop a
structural health monitoring program to assess and improve the
condition of infrastructure constructed and maintained by the Corps
of Engineers, including research, design, and development of systems and frameworks for—
(1) response to flood and earthquake events;
(2) 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

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(2) consider models for maintenance and repair information,
the development of degradation models for real-time measurements and environmental inputs, and research on qualitative
inspection data as surrogate sensors.

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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 Confederated Tribes and Bands of the Yakama Nation, the Nez Perce
Tribe, the Confederated Tribes of the Umatilla Indian Reservation, and the Wanapum Band of Priest Rapids.
(2) DEPARTMENT.—The term ‘‘Department’’ means the
Washington State Department of Archaeology and Historic
Preservation.
(3) HUMAN REMAINS.—The term ‘‘human remains’’ means
the human remains that—
(A) are known as Kennewick Man or the Ancient One,
which includes the projectile point lodged in the right ilium
bone, as well as any residue from previous sampling and
studies; and
(B) are part of archaeological collection number
45BN495.
(b) TRANSFER.—Notwithstanding any other provision of Federal
law, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington,
not later than 90 days after the date of enactment of this Act,
the Secretary, acting through the Chief of Engineers, shall transfer
the human remains to the Department, on the condition that the
Department, acting through the State Historic Preservation Officer,
disposes of the 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

SEC. 1153. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES.

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 contributed 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 supplementary 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 limitations.’’; 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’’.

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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 nonFederal public entity that has entered into an agreement

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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 developed or constructed by that entity or the Department of
the Army.
‘‘(B) USE OF VISITOR RESERVATION SERVICES.—A nonFederal 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 determines 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 Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), shall use any
retained amount for operation, maintenance, and management activities at the recreation site at which the fee
is collected.
‘‘(3) TERMS AND CONDITIONS.—The authority of a non-Federal public entity under this subsection shall be subject to
such terms and conditions as the Secretary determines necessary to protect the interests of the United States.’’.

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SEC. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.

(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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1665

‘‘(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 maximum extent practicable, carry out the reviews concurrently; 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 determined by the Secretary, is current and applicable.
‘‘(3) CONTRIBUTED FUNDS.—The Secretary may accept and
expend funds received from non-Federal public or private entities 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 Representatives 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 guidance 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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the Secretary shall incorporate the requirements under this
section.
‘‘(g) PRIORITIZATION.—The Secretary shall prioritize and complete 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 Development 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 appropriations 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 authorized 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 authorized 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 improvements as are required to support the headquarters of the New
England District of the Corps of Engineers, including any necessary 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.

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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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(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 improvements 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.

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SEC. 1160. FUTURE FACILITY INVESTMENT.

33 USC 701b–10.

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 Secretary 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 renovated;
‘‘(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.—

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‘‘(1) IN GENERAL.—If requested by resolution by the Committee 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 subsection (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 measures are not achieving ecological success in accordance with
criteria described in the monitoring plan.
‘‘(e) CONCLUSION OF OPERATION AND MAINTENANCE RESPONSIBILITY.—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 obligations under subsection (e).’’.

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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 following:
‘‘(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 following:

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‘‘(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 passage to an existing water resources development project;
or
‘‘(B) affects the mitigation responsibilities of the Secretary 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 Representatives 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.’’.

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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 provides 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 inlieu fee credits that meet the criteria under paragraph (1)
shall be considered a reasonable alternative for planning purposes 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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‘‘(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 alternatives 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’’.
33 USC 578a.

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 Development 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 paragraph (1) may be applied prior to completion of a study or
project, if the credit amount is verified by the Secretary.’’.

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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’’.

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SEC. 1168. FISH HATCHERIES.

33 USC 2330b.

(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 surrounding 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 subsection (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 subsection (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 construction 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 reduction 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’’.
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SEC. 1172. EASEMENTS FOR ELECTRIC, TELEPHONE, OR BROADBAND
SERVICE FACILITIES.

33 USC 2354.

(a) DEFINITION OF WATER RESOURCES DEVELOPMENT
PROJECT.—In this section, the term ‘‘water resources development

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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.

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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 development 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 performance of innovative materials in water resources development 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 identify—
(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 accomplish 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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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.

33 USC 708 note.

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 authorized to receive funding from the Inland Waterways Trust Fund
established by section 9506(a) of the Internal Revenue Code of
1986.

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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 subsection, 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

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‘‘(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 restoration of a flood control work under subsection (a).’’.
33 USC 467f–2
note.

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 rehabilitation 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 percent of the cost of construction of any project carried out under
this section, including provision of all land, easements, rights-ofway, 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.

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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 following:
‘‘(1) IN GENERAL.—In carrying out this section, the Secretary 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

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of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. The Secretary 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 displaced 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 displaced as a result of the construction of the John Day
Dam, Oregon.

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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 Secretary shall carry out a pilot program for the development
and implementation of sediment management plans for reservoirs 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 sediment management plans under paragraph (2) to develop guidance 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 partnership 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 agreement 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 developing 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 regulations).
(b) SNOWPACK AND DROUGHT MONITORING.—Section 4003(a)
of the Water Resources Reform and Development Act of 2014 (Public

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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 Development 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 subparagraph (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 subparagraph (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.’’.

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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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(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,’’.

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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 interagency 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 convened 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 participation in shoreline and back bay protection projects;
(C) an evaluation of the performance of existing Federal coastal storm damage reduction, ecosystem restoration,
and navigation projects, including recommendations for the
improvement of those projects; and
(D) recommendations for the demonstration of methodologies for resilience through the use of natural and
nature-based infrastructure approaches, as appropriate.

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(2) COOPERATION.—In carrying out paragraph (1), the Secretary 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 workin-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 prepared under this section, together with any necessary supporting
documentation.

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SEC. 1184. CONSIDERATION OF MEASURES.

33 USC 2289a.

(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 feature’’ 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).

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(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.

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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 oversight committee (referred to in this subsection as the ‘‘Committee’’).
(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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(C) begin implementation of a new permit fee structure
based on the findings of the study described in subparagraph (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.

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SEC. 1189. DREDGED MATERIAL DISPOSAL.

Disposal of dredged material shall not be considered environmentally 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 Administrator of the Environmental Protection Agency under section 303
of the Federal Water Pollution Control Act (33 U.S.C. 1313).

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PUBLIC LAW 114–322—DEC. 16, 2016

Subtitle B—Studies

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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 conservation and other purposes, as identified in the reports titled
‘‘Report to Congress on Future Water Resources Development’’ submitted 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 control, 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, CALIFORNIA.—Project for flood damage reduction and ecosystem restoration, 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 navigation and flood damage reduction, Cayuga Inlet, Ithaca, New
York.

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(17) DELAWARE RIVER BASIN, NEW YORK, NEW JERSEY,
PENNSYLVANIA, AND DELAWARE.—Projects for flood control, Delaware 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, PENNSYLVANIA.—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 hurricane and storm damage reduction, navigation, and ecosystem
restoration, Chincoteague Island, Virginia.
(28) BURLEY CREEK WATERSHED, KITSAP COUNTY, WASHINGTON.—Project for flood damage reduction and ecosystem
restoration, Burley Creek Watershed, Kitsap County, Washington.
(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.

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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 paragraph (1), the Secretary shall address project deficiencies,
uncertainties, and significant data gaps, including material,
construction, and subsurface, which render the project at risk
of overtopping, breaching, or system failure.

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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 Engineers, the Secretary shall expedite the project for budget consideration.
(b) CINCINNATI, OHIO.—
(1) REVIEW.—The Secretary shall review the Central Riverfront Park Master Plan, dated December 1999, and the Ohio
Riverfront Study, Cincinnati, Ohio, dated August 2002, to determine the feasibility of carrying out flood risk reduction, ecosystem restoration, and recreation components beyond the ecosystem restoration and recreation components that were undertaken pursuant to section 5116 of the Water Resources Development 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 carrying 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 section 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

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 determine 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 maintain 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 Environment 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.

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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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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 management measures to maintain or enhance current levels of protection;
(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 Mississippi and Illinois River basins, the appropriate levee and
drainage districts, nonprofit organizations, and other interested
parties;
(5) develop basinwide hydrologic models for the Upper Mississippi River System and improve analytical methods needed
to produce scientifically based recommendations for improvements 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 Environment 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

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33 USC 579d.

SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS.

(a) PURPOSES.—The purposes of this section are—
(1) to identify $10,000,000,000 in water resources development projects authorized by Congress that are no longer viable
for construction due to—
(A) a lack of local support;

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130 STAT. 1687

(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 Congress 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 separable element of a project, authorized for construction
before November 8, 2007, for which—
(i) planning, design, or construction was not initiated 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 separable 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 paragraph (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 Infrastructure 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 separable 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 complete 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 elements of the projects were authorized, beginning with
the earliest authorized projects and separable elements
of projects and ending with the latest project or separable element of a project necessary to meet the aggregate 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 proposed final deauthorization list; and
(ii) describes the reasons why the project or separable 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 Committee 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1689

(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 subsection 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 element 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 separable 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 POSTAUTHORIZATION 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 ‘‘postauthorization 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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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.
33 USC 579c–1.

SEC. 1302. BACKLOG PREVENTION.

(a) PROJECT DEAUTHORIZATION.—
(1) IN GENERAL.—A water resources development project,
or separable element of such a project, authorized for construction 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 paragraph (1), 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 identifies the projects deauthorized 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 Environment 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 completed;
(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 mitigate 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 Government 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).

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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,

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authorized by section 101(b) of the Water Resources Development Act of 1990 (Public Law 101–640; 104 Stat. 4611); and
(2) integrate and incorporate into the project seasonal operations 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 subsection (a) does not affect—
(1) the national economic development plan separable element 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.

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SEC. 1306. ESSEX RIVER, MASSACHUSETTS.

(a) DEAUTHORIZATION.—The portions of the project for navigation, 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 southwesterly 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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about 60.00 feet to a point N3056526.30 E850684.81; thence southwesterly 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 northeasterly 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 southeasterly 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 northeasterly 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.

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(a) EXTINGUISHMENT OF PORTIONS OF EXISTING FLOWAGE EASEMENT.—With respect to the properties described in subsection (b),
beginning on the date of enactment of this Act, the flowage easements 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 follows:
(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–Perpetual 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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(1) FEDERAL LIABILITY.—The United States shall not be
liable for any injury caused by the extinguishment of an easement under this section.
(2) CULTURAL AND ENVIRONMENTAL REGULATORY ACTIONS.—
Nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection (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, PENNSYLVANIA.

33 USC 5911.

(a) AREA TO BE DECLARED NONNAVIGABLE.—Subject to subsection (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 nonnavigable 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) separately for each proposed project to be undertaken within the boundaries 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 subsection (a) that are or will be bulkheaded and filled or otherwise
occupied by permanent structures, including marina and recreation
facilities.

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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

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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 enactment, 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 transferred 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.

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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

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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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 Engineers 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

(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 northwesterly 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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(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 beginning 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.

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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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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 Mammoth Cave National Park.
(B) TRANSFER TO THE STATE OF KENTUCKY.—The Secretary 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 quitclaim deed and without consideration.
(3) ADMINISTRATIVE COSTS.—The Secretary shall be responsible 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 conveyance, 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.

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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 conditions 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 Proposed 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 determined by a survey satisfactory to the Secretary and the Secretary 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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(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 requirements related to endangered species, cultural resources,
clean water, and clean air.

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SEC. 1318. CAMERON COUNTY, TEXAS.

(a) RELEASE.—As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate
instrument effectuating the release of the interests of the United
States in certain tracts of land located in Cameron County, Texas,
as described in subsection (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 appropriate and necessary to protect the interests of the United States.
(c) COSTS OF CONVEYANCE.—The Brownsville Navigation District shall be responsible for all reasonable and necessary costs,
including real estate transaction and environmental documentation
costs, associated with the releases.
(d) DESCRIPTION.—The Secretary shall release all or portions
of the interests in the following tracts as determined by a survey
to be paid for by the Brownsville Navigation District, that is satisfactory to the Secretary:
(1) Tract No. 1: Being 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 approximately 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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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, comprised of the area designated by the U.S. Army Corps of Engineers 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 Commissioners dated May 7, 1935, and recorded at Volume 281, pages
476 through 483, in the Deed Records of Cameron County,
Texas, to be released and abandoned in its entirety, save and
except approximately 76.81 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.
(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 approximately 6.60 Acres, comprised of the area designated by the

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130 STAT. 1703

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 abandoned 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.

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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 conveyance 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 Development Act of 2014 (Public Law 113–121; 128 Stat. 1364).
(b) DEAUTHORIZATION.—
(1) IN GENERAL.—Effective beginning on the date of enactment 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 Development 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 subsections (l) and (m), respectively.

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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 determines 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 consideration.
(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 consistent 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 estimated Federal cost of $59,735,061 and an estimated non-Federal
cost of $31,264,939.

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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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1705

(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 administrative expenses associated with any transfer carried out
pursuant to subparagraph (A), including costs associated
with any land survey required to determine the exact acreage 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 necessary and appropriate to protect the interests of the United
States.
(2) EASEMENT AND RESTRICTIVE COVENANT.—The conveyance 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, OKLAHOMA.—
(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 notwithstanding 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 Secretary 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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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.

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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 subparagraphs (A) and (B), respectively, and indenting appropriately;
(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 Committee 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), subject to available funding.’’.
(b) EXPEDITED CONSIDERATION.—

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130 STAT. 1707

(1) EXPEDITED COMPLETION OF FLOOD DAMAGE REDUCTION
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, Louisiana, by section 101(11) of the Water Resources Development 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 Development 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 Restoration Project.
(D) The project for navigation, Mobile Harbor, Alabama.
(E) The project for flood risk management, Little Colorado 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 Reclamation District 17 as part of the study.

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AND

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PUBLIC LAW 114–322—DEC. 16, 2016
(G) The project for flood risk management and ecosystem 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 section 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 section 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

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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’’ submitted 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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PUBLIC LAW 114–322—DEC. 16, 2016

VerDate Sep 11 2014

C.
Date of
Report of
Chief of
Engineers

130 STAT. 1709

D.
Estimated
Costs

A.
State

B.
Name

1. TX

Brazos Island
Harbor

Nov. 3,
2014

Federal: $121,023,000
Non-Federal:
$89,453,000
Total: $210,476,000

2. LA

Calcasieu Lock

Dec. 2,
2014

Total: $17,432,000 (to be
derived 1⁄2 from the
general fund of the
Treasury and 1⁄2 from
the Inland Waterways
Trust Fund)

3. NH,
ME

Portsmouth
Harbor and
Piscataqua
River

Feb. 8,
2015

Federal: $16,015,000
Non-Federal: $5,338,000
Total: $21,353,000

4. FL

Port Everglades

Jun. 25,
2015

Federal: $229,770,000
Non-Federal:
$107,233,000
Total: $337,003,000

5. AK

Little Diomede
Harbor

Aug. 10,
2015

Federal: $26,394,000
Non-Federal: $2,933,000
Total: $29,327,000

6. SC

Charleston
Harbor

Sep. 8,
2015

Federal: $231,239,000
Non-Federal:
$271,454,000
Total: $502,693,000

7. AK

Craig Harbor

Mar. 16,
2016

Federal: $29,456,000
Non-Federal: $3,299,000
Total: $32,755,000

8. PA

Upper Ohio

Sep. 12,
2016

Total: $2,691,600,000 (to
be derived 1⁄2 from the
general fund of the
Treasury and 1⁄2 from
the Inland Waterways
Trust Fund).

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PUBLIC LAW 114–322—DEC. 16, 2016

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(2) FLOOD RISK MANAGEMENT.—

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A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

1. TX

Leon Creek
Watershed

Jun. 30,
2014

Federal: $22,145,000
Non-Federal:
$11,925,000
Total: $34,070,000

2. MO,
KS

Armourdale
and Central
Industrial
District
Levee Units,
Missouri
River and
Tributaries
at Kansas
Citys

Jan. 27,
2015

Federal: $213,271,500
Non-Federal:
$114,838,500
Total: $328,110,000

3. KS

City of Manhattan

Apr. 30,
2015

Federal: $16,151,000
Non-Federal: $8,697,000
Total: $24,848,000

4. TN

Mill Creek

Oct. 16,
2015

Federal: $17,950,000
Non-Federal:
$10,860,000
Total: $28,810,000

5. KS

Upper Turkey
Creek Basin

Dec. 22,
2015

Federal: $25,610,000
Non-Federal:
$13,790,000
Total: $39,400,000

6. NC

Princeville

Feb. 23,
2016

Federal: $14,080,000
Non-Federal: $7,582,000
Total: $21,662,000

7. CA

American
River Common Features

Apr. 26,
2016

Federal: $890,046,900
Non-Federal:
$705,714,100
Total: $1,595,761,000

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Estimated
Costs

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PUBLIC LAW 114–322—DEC. 16, 2016

A.
State

B.
Name

8. CA

West Sacramento

C.
Date of
Report of
Chief of
Engineers
Apr. 26,
2016

130 STAT. 1711

D.
Estimated
Costs

Federal: $788,861,000
Non-Federal:
$424,772,000
Total: $1,213,633,000.

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(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.—

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C.
Date of
Report of
Chief of
Engineers

D.
Estimated Initial
Costs and
Estimated
Renourishment
Costs

A.
State

B.
Name

1. SC

Colleton County

Sep. 5,
2014

Initial Federal:
$14,448,000
Initial Non-Federal:
$7,780,000
Initial Total:
$22,228,000
Renourishment Federal:
$17,491,000
Renourishment NonFederal: $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 NonFederal: $15,815,000
Renourishment Total:
$31,629,000

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130 STAT. 1712

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PUBLIC LAW 114–322—DEC. 16, 2016

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

3. NC

Carteret County

Dec. 23,
2014

Initial Federal:
$25,468,000
Initial Non-Federal:
$13,714,000
Initial Total:
$39,182,000
Renourishment Federal:
$120,428,000
Renourishment NonFederal: $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 NonFederal: $43,501,000
Renourishment Total:
$87,002,000

5. LA

West Shore
Lake Pontchartrain

Jun. 12,
2015

Federal: $483,496,650
Non-Federal:
$260,344,350
Total: $743,841,000

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D.
Estimated Initial
Costs and
Estimated
Renourishment
Costs

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PUBLIC LAW 114–322—DEC. 16, 2016

A.
State

B.
Name

6. CA

San Diego
County

130 STAT. 1713

C.
Date of
Report of
Chief of
Engineers

D.
Estimated Initial
Costs and
Estimated
Renourishment
Costs

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 NonFederal: $70,785,000
Renourishment Total:
$141,570,000.

(4) ECOSYSTEM RESTORATION.—

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

1. FL

Central Everglades

Dec. 23,
2014

Federal: $993,131,000
Non-Federal:
$991,544,000
Total: $1,984,675,000

2. WA

Skokomish
River

Dec. 14,
2015

Federal: $13,168,000
Non-Federal: $7,091,000
Total: $20,259,000

3. WA

Puget Sound

Sep. 16,
2016

Federal: $300,009,000
Non-Federal:
$161,543,000
Total: $461,552,000.

D.
Estimated
Costs

(5) FLOOD RISK MANAGEMENT AND ECOSYSTEM RESTORA-

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TION.—

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130 STAT. 1714

PUBLIC LAW 114–322—DEC. 16, 2016

A.
State

B.
Name

1. IL,
WI

Upper Des
Plaines
River and
Tributaries

C.
Date of
Report of
Chief of
Engineers
Jun. 8,
2015

D.
Estimated
Costs

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

1. CA

South San
Francisco
Bay Shoreline

C.
Date of
Report of
Chief of
Engineers
Dec. 18,
2015

D.
Estimated
Costs

Federal: $70,511,000
Non-Federal:
$106,689,000
Total: $177,200,000.

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(7) ECOSYSTEM RESTORATION AND RECREATION.—
C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

A.
State

B.
Name

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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PUBLIC LAW 114–322—DEC. 16, 2016

A.
State

B.
Name

1. LA

Southwest
Coastal Louisiana

C.
Date of
Report of
Chief of
Engineers
Jul. 29,
2016

130 STAT. 1715

D.
Estimated
Costs

Federal: $2,054,386,100
Non-Federal:
$1,106,207,900
Total: $3,160,594,000.

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(9) MODIFICATIONS AND OTHER PROJECTS.—

VerDate Sep 11 2014

A.
State

B.
Name

C.
Date of
Decision
Document

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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D.
Estimated
Costs

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130 STAT. 1716

PUBLIC LAW 114–322—DEC. 16, 2016
C.
Date of
Decision
Document

D.
Estimated
Costs

A.
State

B.
Name

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 Development Act of 2007 (Public Law 110–114; 121 Stat. 1074), the recommended 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.

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TITLE II—WATER AND WASTE ACT OF
2016

VerDate Sep 11 2014

Water and Waste
Act of 2016.
42 USC 201 note.

SEC. 2001. SHORT TITLE.

42 USC 300j–3d
note.

SEC. 2002. DEFINITION OF ADMINISTRATOR.

13:18 Mar 22, 2017

This title may be cited as the ‘‘Water and Waste Act of 2016’’.
In this title, the term ‘‘Administrator’’ means the Administrator
of the Environmental Protection Agency.

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130 STAT. 1717

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 assistance’’ 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 proceeds of the sale of the bonds will be deposited in the
State loan fund.’’.

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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 following:

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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 following:
‘‘(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 administration of the programs under this section, including
the recovery of reasonable costs expended to establish 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 COMMUNITIES.

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following:

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42 USC
300j–19a.

‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.

‘‘(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 determined by the Administrator—

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1719

‘‘(A) does not have household drinking water or wastewater services; or
‘‘(B) is served by a public water system that violates,
or exceeds, as applicable, a requirement of a national primary 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 program 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 disadvantaged 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 communities.
‘‘(e) LOCAL PARTICIPATION.—In prioritizing projects and activities 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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PUBLIC LAW 114–322—DEC. 16, 2016

the eligible entity lacks appropriate technical, managerial, or financial 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 experience significant financial hardship if required to pay, the nonFederal 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:

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42 USC
300j–19b.

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13:00 May 04, 2017

‘‘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 intermunicipal 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 homeowners to replace lead service lines.
‘‘(B) LIMITATION.—The term ‘lead reduction project’
does not include a partial lead service line replacement

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130 STAT. 1721

if, at the conclusion of the service line replacement,
drinking water is delivered to a household through a publicly 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 identify—
‘‘(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 affordability 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 established 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 eliminate the non-Federal share under subparagraph (A) for

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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 subsection 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 lowincome homeowner under paragraph (5);
‘‘(D) shall notify each customer that a planned replacement 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.’’.

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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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1723

(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 ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph (E)’’;
(B) in subparagraph (C)—
(i) in the subparagraph heading, by striking ‘‘VIOLATIONS’’ 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 ‘‘violation’’ and inserting ‘‘violation or exceedance’’;
(iii) by striking clause (i) and inserting the following:
‘‘(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 following:
‘‘(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 exceedance; 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 newspaper’’;
(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 operator 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 Administrator 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 provided 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, technical 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 contains 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1725

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 forward the data, and information on the sampling techniques 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 households—
‘‘(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 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).
‘‘(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 Administrator, not later than 24 hours after the Administrator becomes aware of the failure by the owner
or operator of the public water system to disseminate the information, the Administrator shall consult, 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, disseminate to affected households the information described
in subparagraph (C) if—

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‘‘(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 disseminate the information within 24 hours after the
end of the consultation period.
REQUIRED.—The
information
‘‘(C)
INFORMATION
described in this subparagraph includes—
‘‘(i) a clear explanation of the potential adverse
effects on human health of drinking water that contains 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 concentration 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 information 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 consumers can take to reduce the risks of lead in drinking
water; and
‘‘(D) the availability of additional resources that consumers 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

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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 program’ has the meaning given the term ‘early childhood
education program’ in section 103(8) of the Higher Education 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 agencies in voluntary testing for lead contamination in drinking
water at schools and child care programs under the jurisdiction of the local educational agencies.
‘‘(B) DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.—The Administrator may make a grant for the voluntary testing described in subparagraph (A) directly available 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 program 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 percent 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 educational 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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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 administrative 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 authorized 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.

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42 USC 300j–3d.

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 rehabilitation of a drinking water delivery system serving 500 or fewer
persons, the funding for which would come from the Federal Government (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;

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(2) the range of cost savings for communities using innovative 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 TECHNOLOGIES.—
‘‘(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 assistance 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 infrastructure investments from innovative water technologies.

42 USC 300j–1
note.

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’’.
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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

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‘‘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 villages, 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 organizations for the purpose of providing operations and maintenance 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 consortia 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.’’.

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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 construction, 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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‘‘(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 inconsistent 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 Administrator 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 Administrator shall make the request and accompanying information 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 Administrator may retain up to 0.25 percent of the funds appropriated 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

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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 Assistance Act (42 U.S.C. 5121 et seq.) relating to the public health
threats associated with the presence of lead or other contaminants 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.

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(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 subsidization under section 1452(d)(1) of that Act (42 U.S.C. 300j–
12(d)(1)), including forgiveness of principal under that section.
(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 purpose 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 subparagraph (A) may include additional subsidization under section 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 subparagraph (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 pursuant 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 additional 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 18month period, until expended for the purposes described in
paragraph (3).

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130 STAT. 1733

(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 additional 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 Substances and Disease Registry of the National Center for
Environmental Health shall in coordination with other agencies, 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 Substances 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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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.

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42 USC 300j–21.

SEC. 2203. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.

(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 minimum—
(A) review the Federal programs and services available
to individuals and communities exposed to lead;
(B) review current research on lead poisoning to identify additional research needs;

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1735

(C) review and identify best practices, or the need
for best practices, regarding lead screening and the prevention of lead poisoning;
(D) identify effective services, including services
relating to healthcare, education, and nutrition for individuals 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 determined 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 Agriculture, Nutrition, and Forestry of the Senate and the Committees 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 communities 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.

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(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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PUBLIC LAW 114–322—DEC. 16, 2016

Subtitle C—Control of Coal Combustion
Residuals

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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 regulation by the State of coal combustion residuals units that
are located in the State that, after approval by the Administrator, 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 promulgated 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 subparagraph (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 promulgated pursuant to sections 1008(a)(3) and 4004(a));
or
‘‘(ii) such other State criteria that the Administrator, 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 permits 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1737

‘‘(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 Administrator), 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 program 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 Administrator determines that—
‘‘(I) a revision or correction to the permit program or other system of prior approval and conditions 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 adequate 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 withdraw 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 subparagraph (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 conditions; 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 availability of appropriations specifically provided in an appropriations 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 successor 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 program 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1739

the prohibition on open dumping under subsection (a) with
respect to a coal combustion residuals unit—
‘‘(i) in a nonparticipating State (as defined in paragraph (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 administrative 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 Representatives a report that describes any enforcement 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 subsection, 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 established 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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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 pursuant 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

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25 USC 3805.

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 structure, 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 published by the Federal Emergency Management Agency entitled
‘‘Federal Guidelines for Dam Safety: Hazard Potential Classification 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 potential 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.—

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1741

(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 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 $22,750,000 from the general fund
of the Treasury.
(ii) AVAILABILITY OF AMOUNTS.—Amounts deposited 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 deposited 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 program to address the deferred maintenance needs of Indian
dams that—

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130 STAT. 1743

(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 subsection (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 subsection (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.—Maintenance, 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 Education 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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(bb) are managed by the Bureau of Indian Affairs
(including dams managed under contracts or compacts
pursuant to the Indian Self-Determination and Education 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 precondition to amounts being expended from the Fund to carry
out this subsection, the Secretary, in consultation with representatives 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-togovernment consultation required under paragraph (4)
be addressed; and
(B) funding prioritization criteria to serve as a methodology 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 expenditures on job creation and general economic development 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

(vi) the need to comply 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.);
(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 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 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 jurisdiction over the land on which a dam eligible to receive
funding under paragraph (2) is located on the expenditure 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 determined 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 paragraph (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-Determination 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 paragraph as the ‘‘Committee’’).
(B) MEMBERSHIP.—
(i) COMPOSITION.—The Committee shall be composed 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 expertise 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

(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 Committee shall constitute a quorum, but a lesser number
of members may hold hearings.
(H) CHAIRPERSON AND VICE CHAIRPERSON.—The Committee 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 Committee shall submit a report containing a detailed statement 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 dispose 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 Committee who is an officer or employee of the Federal
Government shall serve without compensation in addition 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 Committee.
(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 personnel as may be necessary to enable the Committee 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 Committee 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

(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 Governments and Their Economies
SEC. 3201. DEFINITIONS.

In this subtitle:
(1) DEFERRED MAINTENANCE.—The term ‘‘deferred maintenance’’ 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

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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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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 accordance 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 MAINTENANCE OF CERTAIN INDIAN IRRIGATION
PROJECTS

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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

(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 structures, 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 management);
(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-Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.); and
(3) have deferred maintenance documented by the Bureau
of Indian Affairs.

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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-government consultation required under section 3225 be
addressed; and
(D) would facilitate the construction of new water storage 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 qualifying 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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to carry out the mission of the Bureau of Indian Affairs
in operating the project;
(D) the extent to which repairing, replacing, modernizing, 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.

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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 recommendations 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 performance 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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(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 Representatives 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 maximum extent practicable consistent with tribal and user recommendations 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 recommendations of—
(A) the landowners served by the irrigation project;
and
(B) irrigators from adjacent irrigation districts.

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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 reservation 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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expressly identifies the Indian irrigation project or the Indian reservation 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 3year 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.

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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 Conservancy 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, Bonneville 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 prepayment 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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Subtitle D—Pechanga Water Rights
Settlement
SEC. 3401. SHORT TITLE.

Pechanga Band
of Luiseño
Mission Indians
Water Rights
Settlement Act.

This subtitle may be cited as the ‘‘Pechanga Band of Luiseño
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 Settlement 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.

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SEC. 3403. DEFINITIONS.

In this subtitle:
(1) ADJUDICATION COURT.—The term ‘‘Adjudication Court’’
means the United States District Court for the Southern District 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 litigation initiated to interpret or enforce the relative water rights
in the Santa Margarita River Watershed pursuant to the continuing 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
Luiseño 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.

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(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 Connection 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 designated 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, Interlocutory Judgment No. 35, and Interlocutory Judgment
No. 41.
(14) FUND.—The term ‘‘Fund’’ means the Pechanga Settlement 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-Determination 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 deprivation 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 ‘‘Interlocutory Judgment No. 41’’ means Interlocutory Judgment No.

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41 issued in the Adjudication Proceeding on November 8, 1962,
including all court orders, judgments, and decisions supplemental 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 Settlement 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 established 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 pursuant 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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(A) IN GENERAL.—The term ‘‘Reservation’’ means the
land depicted on the map attached to the Pechanga Settlement Agreement as Exhibit I.
(B) APPLICABILITY OF TERM.—The term ‘‘Reservation’’
shall be used solely for the purposes of the Pechanga Settlement 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 Secretary of the Interior.
(36) STATE.—The term ‘‘State’’ means the State of California.
(37) STORAGE POND.—The term ‘‘Storage Pond’’ has the
meaning set forth in the Recycled Water Infrastructure Agreement.
(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.

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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 Agreement 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 Settlement Agreement does not conflict with this subtitle, the Secretary 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 Agreement necessary to make the Pechanga Settlement Agreement 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 subtitle, 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 Settlement 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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(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 AGREEMENT.—
(A) IN GENERAL.—Execution of the Pechanga Settlement 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.

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SEC. 3405. TRIBAL WATER RIGHT.

(a) INTENT OF CONGRESS.—It is the intent of Congress to provide 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 Settlement 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 accordance 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 provisions 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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(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 purposes 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 Reservation.
(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 satisfied 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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of such water for irrigation or domestic purposes on allotted
land, including a process for—
(i) appeal and adjudication of any denied or disputed distribution of water; and
(ii) resolution of any contested administrative decision; 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 Secretary.
(C) APPROVAL PERIOD.—The Secretary shall approve
or disapprove the Pechanga Water Code within a reasonable 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 individual 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.

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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 satisfaction 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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(d) CLAIMS RELATING TO DEVELOPMENT OF WATER FOR RESERVATION.—
(1) IN GENERAL.—The amounts authorized to be appropriated 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 appropriation 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.

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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 recognized in the Pechanga Settlement Agreement and this subtitle.
(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 discharge 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 occurring after June 30, 2009, to land located within the
Reservation resulting from the diversion of underground water in a manner consistent with the
Pechanga Settlement Agreement or this subtitle; and

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(v) claims arising out of, or relating in any manner
to, the negotiation or execution of the Pechanga Settlement 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 Margarita 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 Adjudication 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.—Notwithstanding 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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(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 jurisdiction 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, Compensation, 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 desalination, 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 Environmental 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

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 deposited 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 timebased equitable defense that expired before the date of enactment 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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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 Government 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.

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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 accordance with this subtitle and the terms and conditions of those agreements.
(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 necessary 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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(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 Permanent 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 necessary for the provision of Permanent Capacity in accordance 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 provision 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.

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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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(1) Pechanga Recycled Water Infrastructure account, consisting 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 disbursement 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 determines 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 paragraph (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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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 accordance 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 pursuant 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 subsection (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.

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(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 Indianowned 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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(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 authorized 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.

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SEC. 3413. ANTIDEFICIENCY.

(a) IN GENERAL.—Notwithstanding any authorization of appropriations to carry out this subtitle, the expenditure or advance
of any funds, and the performance of any obligation by the Department 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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(b) LIABILITY.—The Department of the Interior shall not be
liable for the failure to carry out any obligation or activity authorized by this subtitle if adequate appropriations are not provided
to carry out this subtitle.

Subtitle E—Delaware River Basin
Conservation

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SEC. 3501. FINDINGS.

Congress finds that—
(1) the Delaware River Basin is a national treasure of
great cultural, environmental, ecological, and economic importance;
(2) the Basin contains over 12,500 square miles of land
in the States of Delaware, New Jersey, New York, and Pennsylvania, 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 economic 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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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 following 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 Pennsylvania) is one of the largest freshwater ports in the world,
the Port of Philadelphia handles the largest volume of international 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 Federalinterstate compact government agency charged with overseeing
a unified approach to managing the river system and implementing 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 investments and coordination of Federal and non-Federal resources.

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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 Pennsylvania 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 Pennsylvania.
(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 nonregulatory 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.

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SEC. 3503. PROGRAM ESTABLISHMENT.

(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a nonregulatory 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 management entities, including representatives of the Partnership for
the Delaware Estuary, the Delaware River Basin Commission,
the Federal Government, and other State and local governments, 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 developed 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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(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 benefit 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 planning, monitoring, and research activities necessary to carry
out coordinated restoration and protection activities; and
(H) to provide technical assistance to carry out restoration and protection activities in the Basin.

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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 assistance 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 organizations 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

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 ACQUISITION 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.

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SEC. 3602. USE OF TRAILER HOMES AT HEART BUTTE DAM AND RESERVOIR (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 grandchild.
(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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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 Reclamation.
(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 Reclamation entitled ‘‘Heart Butte Reservoir Resource Management 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 permittee—
(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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1777

(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 corporation.
(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 Secretary shall require compliance with appropriate anchoring requirements 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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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:

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‘‘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 natural 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 California, 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 ecosystem 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 environmental stewardship at Lake Tahoe, including—

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1779

‘‘(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 environmentally 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 Appropriations Act, 2004 (Public Law 108–108; 117 Stat. 1317),
which amended the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2346)
to provide payments for the environmental restoration programs 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 prevention 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 contributor 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, Governor 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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‘‘(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 Administrator, in cooperation with the Planning Agency and the States
of California and Nevada, to fund, plan, and implement significant 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 representatives 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 Program; and
‘‘(B) to provide objective information as a basis for
ongoing decisionmaking, with an emphasis on decisionmaking 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:

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‘‘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 Federal 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

‘‘(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 Partnership’ 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 hazardous 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 provides 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 Secretary 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 presence of surface water or groundwater.
‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The term ‘total maximum daily load’ means the total maximum daily load allocations adopted under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
‘‘(17) WATERCRAFT.—The term ‘watercraft’ means motorized
and non-motorized watercraft, including boats, seaplanes, personal 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 organizations, 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 Planning Agency.
‘‘(B)
EXCEPTION.—Notwithstanding
subparagraph
(A)(i), the attainment of multiple ecosystem benefits shall
not be required if the Secretary determines that management 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 activities; and

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‘‘(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 Appropriations 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, specifically 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 Management Unit land and resource management plan.
‘‘(d) WITHDRAWAL OF FEDERAL LAND.—
‘‘(1) IN GENERAL.—Subject to valid existing rights and paragraph (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 following 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 programs.’’.
(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:
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‘‘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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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 Improvement 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 Improvement 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 benefits.
‘‘(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 paragraph (1) shall be revised every 2 years.
‘‘(4) FUNDING.—Of the amounts made available under section 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 administering the programs described in paragraphs (1) and (2) of subsection (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

‘‘(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 prevention strategy, consistent with section 4(c).
‘‘(vii) Development of updated community wildfire
protection plans by local fire districts.
‘‘(viii) Municipal water infrastructure that significantly 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 defensible 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 nonFederal share required under clause (i) any dedicated funding of the communities or local fire districts 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 contributions that describes—
‘‘(AA) the monetary value of the inkind contributions; and
‘‘(BB) the manner in which the inkind contributions assist in accomplishing
program goals and objectives; and

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‘‘(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 contributions.
‘‘(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 consistent 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 subparagraph (B) shall provide that—
‘‘(i) combined inspection and decontamination stations 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 outside 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 developed 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 decontamination 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 penalties 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 measures will be no less effective at preventing introduction

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of aquatic invasive species into Lake Tahoe than the strategies 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 available under section 10(a), $113,000,000 shall be made available—
‘‘(A) to the Secretary, the Secretary of the Interior,
the Assistant Secretary, or the Administrator for the Federal share of stormwater management and related programs 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 identified 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:

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‘‘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 paragraph (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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PUBLIC LAW 114–322—DEC. 16, 2016

Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical
assistance for the Environmental Improvement Program.
‘‘(2) LOCAL COOPERATION AGREEMENTS.—
‘‘(A) IN GENERAL.—Before providing technical assistance 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 completed by the non-Federal interest before entering into
a local cooperation agreement with the Assistant Secretary under this paragraph.
‘‘(d) EFFECTIVENESS EVALUATION AND MONITORING.—In carrying out this Act, the Secretary, the Administrator, and the Directors, in coordination with the Planning Agency and the States
of California and Nevada, shall—
‘‘(1) develop and implement a plan for integrated monitoring, assessment, and applied research to evaluate the
effectiveness of the Environmental Improvement Program;
‘‘(2) include funds in each program funded under this section 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 Improvement Program;

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‘‘(3) accomplishments in the preceding fiscal year in implementing 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 Protection 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 proposed budget for use by each Federal agency in carrying out
restoration activities relating to the Environmental Improvement Program for the following fiscal year;
‘‘(2) a detailed accounting of all amounts received and obligated by Federal agencies to achieve the goals of the Environmental 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 Restoration 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 Restoration 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:

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‘‘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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‘‘(1) shall be in addition to any other amounts made available 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 subsection (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 EFFICIENCIES OF FEDERAL AND STATE LAND.—Section 3(b) of Public
Law 96–586 (94 Stat. 3384) (commonly known as the ‘‘SantiniBurton 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 California 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 identified on the Maps as ‘Total USFS to California’.

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‘‘(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 paragraph shall—
‘‘(i) be for the purpose of consolidating Federal
and State ownerships and improving management efficiencies;
‘‘(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, conditions, 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 subparagraph (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 paragraph shall—
‘‘(i) be for the purpose of consolidating Federal
and State ownerships and improving management efficiencies;
‘‘(ii) not result in any significant changes in the
uses of the land; and

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‘‘(iii) be subject to the condition that the applicable
deed include such terms, restrictions, covenants, conditions, 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 subparagraph (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 expenditure 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 paragraph (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 activities 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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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 subsection (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 IMPLEMENTATION.

(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 following:

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‘‘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 Settlement 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 parties 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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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 proceeding 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 satisfied 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 section 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.’’.

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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 approximately 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 subsection (a), valid, existing rights include any easement or rightof-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

(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 determination 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)).

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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 Banning, 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 approximately 41.15 acres designated on the map as ‘‘Fields lands’’.
(5) PARCEL B.—The term ‘‘Parcel B’’ means the approximately 41.15 acres designated on the map as ‘‘Morongo lands’’.
(6) PARCEL C.—The term ‘‘Parcel C’’ means the approximately 1.21 acres designated on the map as ‘‘Banning land’’.

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PUBLIC LAW 114–322—DEC. 16, 2016
(7) PARCEL D.—The term ‘‘Parcel D’’ means the approximately 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 confirmation 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 simultaneously 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 Secretary, 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.

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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 Settlement 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 Agreement;

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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1797

(3) to authorize and direct the Secretary of the Interior
to execute the Settlement Agreement and to perform all obligations 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 contract’’ 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 Agreement 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 established, 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 ‘‘conservation 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 acrefeet 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 authorized 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

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(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 Settlement Agreement, including any of the following basins
as denominated in the 2012 Update of the Oklahoma Comprehensive 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 Oklahoma.
(21) TRUST.—
(A) IN GENERAL.—The term ‘‘Trust’’ means the Oklahoma 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 reference 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 conflict with this section, the Settlement Agreement is authorized, ratified, and confirmed.
(B) AMENDMENTS.—If an amendment is executed to
make the Settlement Agreement consistent with this section, the amendment is also authorized, ratified and confirmed to the extent the amendment is consistent with
this section.
(2) EXECUTION OF SETTLEMENT AGREEMENT.—
(A) IN GENERAL.—To the extent the Settlement Agreement does not conflict with this section, the Secretary
of the Interior shall promptly execute the Settlement Agreement, 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 Settlement 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 confirmed, 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1801

(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 attributable 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 conservation 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, maintenance, 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 purposes 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 purposes 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, without further study or analysis, for—
(A) the Secretary to approve the amended storage contract; and

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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 respective 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

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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 allotments, 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 enactment 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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PUBLIC LAW 114–322—DEC. 16, 2016

130 STAT. 1803

(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 enactment 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 opportunity to demonstrate that the individual is—
(I) an allottee; and
(II) using water on the allotment pursuant
to and in accordance with the Settlement Agreement 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 Solicitor’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 subsection—
(I) the United States District Court for the
Western District of Oklahoma shall have jurisdiction; and
(II) as part of the complaint, the allottee shall
include certification of the pre-filing notice to the

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PUBLIC LAW 114–322—DEC. 16, 2016

United States and OWRB required by subparagraph (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, intervention or the expiration of the said 60 days or
any extension thereof, the proceedings and judgment 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 paragraph (6)(B), the OWRB shall have jurisdiction to administer 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, evaluated, 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

(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 subparagraph (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 Settlement 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 enforceability 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 administration 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 location 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, interference 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 interference 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

(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 Pe