H.R. 3270 — Introduced in House

I 114th CONGRESS 1st Session H. R. 3270 IN THE HOUSE OF REPRESENTATIVES July 28, 2015 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of dredged or fill material, and for other purposes. 1. Exemption from compensatory mitigation requirements (a) In general Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following: (u) Indian tribes (1) Exemption from compensatory mitigation requirements Notwithstanding any other provision of law, an Indian tribe that applies for a permit for a permitted activity to be conducted on Indian land shall not be required to provide any form of compensatory mitigation as a condition of the permit. (2) Evaluation of Indian tribe permit application In evaluating a permit application submitted by an Indian tribe to carry a permitted activity to be conducted on Indian land, the Secretary may not take into account the nonavailability of compensatory mitigation pursuant to the exemption provided by paragraph (1). (3) Situations in which Indian tribe ceases to maintain permitted activity If an Indian tribe described in paragraph (1) ceases to maintain the permitted activity on Indian land, or seeks to abandon such an activity without a good faith transfer, the Indian tribe shall obtain a permit modification from the Secretary, which may require restoration and rehabilitation of the area. (4) Limitation on statutory construction The exemption from compensatory mitigation requirements provided by paragraph (1) may not be construed to affect the applicability of any other requirement under this Act to an Indian tribe or Indian land, including requirements to avoid and minimize adverse impacts to wetlands, streams, and other aquatic resources. (5) Definitions In this subsection, the following definitions apply: (A) Indian land The term Indian land means land owned by, operated by, or otherwise belonging to an Indian tribe. (B) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (C) Permitted activity The term permitted activity means a discharge of dredged or fill material for which a permit is issued under this section. . (b) Applicability The amendment made by subsection (a) shall apply to permits issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.