,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #cbga  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bh1 #bjae ,mr4
 ,young of ,alaska introduced the       
following bill2 which was referred to   
the ,committee on ,transportation and   
,infrastructure  ,a ,,bill  ,to amend   
the ,federal ,water ,pollution ,control 
,act to allow preservation leasing as a 
form of compensatory mitigation for     
discharges of dredged or fill material  
affecting ,state or ,indian land1 and   
for other purposes4  #a4 ,preservation  
leasing of ,state or ,indian land  7a7  
,in general ,section #djd of the        
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7 is amended by    
adding at the end the following3  7u7   
,preservation leasing of ,state or      
,indian land  7#a7 ,in general ,the     
,secretary shall allow a permittee to   
satisfy compensatory mitigation         
requirements for a permitted activity by
 entering into a preservation lease     
with--  7,a7 a ,state if the permitted  

activity affects wetlands that are      
located in the same watershed as the    
,state land to be leased2 or  7,b7 an   
,indian tribe if the permitted activity 
affects wetlands that are located in the
 same watershed as the ,indian land to  
be leased4  7#b7 ,preservation lease ,as
 used in paragraph 7#a71 a preservation 
lease is an agreement under which a     
permittee leases wetlands or other      
aquatic sites on ,state or ,indian land 
for the sole purpose of preserving the  
wetlands or other aquatic sites in an   
undisturbed state during the term of the
 lease to mitigate for a permitted      
activity4  7#c7 ,term ,in order to      
satisfy compensatory mitigation         
requirements1 the term of a preservation
 lease may be not less than the life of 
the permitted activity1 and such term   
shall be adjusted to account for the    
cessation1 in whole or in part1 of the  
impacts caused by the permitted         
activity4  7#d7 ,situations in which    
permittee ceases to maintain permitted  

activity  7,a7 ,permit modifications ,if
 a permittee enters into a preservation 
lease with a ,state or ,indian tribe    
under this subsection and subsequently  
ceases to maintain the permitted        
activity1 or seeks to abandon the       
permitted activity without a good faith 
transfer1 the permittee shall obtain a  
permit modification from the ,secretary1
 which may require restoration and      
rehabilitation of the area4  7,b7       
,consultation with ,state or ,indian    
tribe ,before making a determination    
under subparagraph 7,a7 as to whether1  
and to what degree1 restoration and     
rehabilitation are required1 the        
,secretary shall consult1 and fully     
consider1 the position of the ,state or 
,indian tribe that is a party to any    
preservation lease associated with the  
permitted activity4  7,c7 ,restoration  
and rehabilitation plans  7i7 ,in       
general ,if the ,secretary determines   
under subparagraph 7,a7 that restoration
 and rehabilitation are required1 the   

,secretary may require the permittee to 
submit to the ,secretary and the ,state 
or ,indian tribe1 as appropriate1 a plan
 for conducting the restoration and     
rehabilitation4  7ii7 ,contents ,a      
restoration and rehabilitation plan     
submitted under clause 7i7 shall        
include1 at a minimum1 goals and        
objectives1 performance standards1 and  
plans for site treatment1 reporting1    
remedial work1 and monitoring to ensure 
that performance standards are met4     
7,d7 ,reversion of land ,after          
activities conducted under a restoration
 and rehabilitation plan submitted under
 subparagraph 7,d77i7 have been         
completed1 and the hydrological         
functions and fish and wildlife habitat 
of the area impacted by the permitted   
activity have been restored pursuant to 
the restoration and rehabilitation plan1
 the land subject to the lease shall    
revert back to the ,state or ,indian    
tribe1 as appropriate1 without          
restriction4  7#e7 ,definitions ,in this

 subsection1 the following definitions  
apply3  7,a7 ,indian land ,the term     
,indian land means land owned by1       
operated by1 or otherwise belonging to  
an ,indian tribe4  7,b7 ,indian tribe   
,the term ,indian tribe means any       
,indian tribe1 band1 nation1 or other   
organized group or community1 including 
any ,alaska ,native village or regional 
or village corporation as defined in or 
established pursuant to the ,alaska     
,native ,claims ,settlement ,act 7#dc   
,u4,s4,c4 #afja et seq471 which is      
recognized as eligible for the special  
programs and services provided by the   
,united ,states to ,indians because of  
their status as ,indians4  7,c7         
,permitted activity ,the term permitted 
activity means a discharge of dredged or
 fill material for which a permit is    
issued under this section4  7,d7        
,permittee ,the term permittee means a  
person that is issued a permit under    
this section4  7,e7 ,state land ,the    
term ,state land means land owned by1   

operated by1 or otherwise belonging to a
 ,state4  4  7b7 ,applicability ,the    
amendment made by subsection 7a7 shall  
apply to permits issued under section   
#djd of the ,federal ,water ,pollution  
,control ,act 7#cc ,u4,s4,c4 #acdd7     
after the date of enactment of this     
,act4