#aadth ,,congress #b;d ,session ,s4 #bhdh ,,an ,,act ,to provide for the conservation and development of water and related resources1 to authorize the ,secretary of the ,army to construct various projects for improvements to rivers and harbors of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water ,resources ,development ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definition of ,secretary4,sec4 #c4 ,limitations4,,title ,i--,program reforms ,sec4 #ajja4 ,study of water resources development projects by non-,federal interests4,sec4 #ajjb4 ,advanced funds for water resources development studies and projects4,sec4 #ajjc4 ,authority to accept and use materials and services4,sec4 #ajjd4 ,partnerships with non-,federal entities to protect the ,federal investment4,sec4 #ajje4 ,non-,federal study and construction of projects4,sec4 #ajjf4 ,munitions disposal4,sec4 #ajjg4 ,challenge cost-sharing program for management of recreation facilities4,sec4 #ajjh4 ,structures and facilities constructed by the ,secretary4,sec4 #ajji4 ,project completion4,sec4 #ajaj4 ,contributed funds4,sec4 #ajaa4 ,application of certain benefits and costs included in final feasibility studies4,sec4 #ajab4 ,leveraging ,federal infrastructure for increased water supply4,sec4 #ajac4 ,new ,england ,district headquarters4,sec4 #ajad4 ,buffalo ,district headquarters4,sec4 #ajae4 ,completion of ecosystem restoration projects4,sec4 #ajaf4 ,credit for donated goods4,sec4 #ajag4 ,structural health monitoring4,sec4 #ajah4 ,fish and wildlife mitigation4,sec4 #ajai4 ,non-,federal interests4,sec4 #ajbj4 ,discrete segment4,sec4 #ajba4 ,funding to process permits4,sec4 #ajbb4 ,international ,outreach ,program4,sec4 #ajbc4 ,wetlands mitigation4,sec4 #ajbd4 ,use of ,youth ,service and ,conservation ,corps4,sec4 #ajbe4 ,debris removal4,sec4 #ajbf4 ,aquaculture study4,sec4 #ajbg4 ,levee vegetation4,sec4 #ajbh4 ,planning assistance to ,states4,sec4 #ajbi4 ,prioritization4,sec4 #ajcj4 ,kennewick ,man4,sec4 #ajca4 ,disposition studies4,sec4 #ajcb4 ,transfer of excess credit4,sec4 #ajcc4 ,surplus water storage4,sec4 #ajcd4 ,hurricane and storm damage reduction4,sec4 #ajce4 ,fish hatcheries4,sec4 #ajcf4 ,feasibility studies and watershed assessments4,sec4 #ajcg4 ,shore damage prevention or mitigation4,sec4 #ajch4 ,enhancing lake recreation opportunities4,sec4 #ajci4 ,cost estimates4,sec4 #ajdj4 ,tribal partnership program4,sec4 #ajda4 ,cost sharing for territories and ,indian tribes4,sec4 #ajdb4 ,local government water management plans4,sec4 #ajdc4 ,credit in lieu of reimbursement4,sec4 #ajdd4 ,retroactive changes to cost-sharing agreements4,sec4 #ajde4 ,easements for electric1 telephone1 or broadband service facilities eligible for financing under the ,rural ,electrification ,act of #aicf4,sec4 #ajdf4 ,study on the performance of innovative materials4,sec4 #ajdg4 ,deauthorization of inactive projects4,sec4 #ajdh4 ,review of reservoir operations4,sec4 #ajdi4 ,written agreement requirement for water resources projects4,sec4 #ajej4 ,maximum cost of projects4,sec4 #ajea4 ,conversion of surplus water agreements4,sec4 #ajeb4 ,authorized funding for interagency and international support4,sec4 #ajec4 ,surplus water storage4,sec4 #ajed4 ,,gao review and report4,,title ,,ii--,navigation ,sec4 #bjja4 ,projects funded by the ,inland ,waterways ,trust ,fund4,sec4 #bjjb4 ,operation and maintenance of fuel-taxed inland waterways4,sec4 #bjjc4 ,funding for harbor maintenance programs4,sec4 #bjjd4 ,dredged material disposal4,sec4 #bjje4 ,cape ,arundel disposal site1 ,maine4,sec4 #bjjf4 ,maintenance of harbors of refuge4,sec4 #bjjg4 ,aids to navigation4,sec4 #bjjh4 ,beneficial use of dredged material4,sec4 #bjji4 ,operation and maintenance of harbor projects4,sec4 #bjaj4 ,additional measures at donor ports and energy transfer ports4,sec4 #bjaa4 ,harbor deepening4,sec4 #bjab4 ,operations and maintenance of inland ,mississippi ,river ports4,sec4 #bjac4 ,implementation guidance4,sec4 #bjad4 ,remote and subsistence harbors4,sec4 #bjae4 ,non-,federal interest dredging authority4,sec4 #bjaf4 ,transportation cost savings4,sec4 #bjag4 ,dredged material4,sec4 #bjah4 ,great ,lakes ,navigation ,system4,sec4 #bjai4 ,harbor ,maintenance ,trust ,fund4,,title ,,iii--,safety improvements ,sec4 #cjja4 ,rehabilitation assistance for non-,federal flood control projects4,sec4 #cjjb4 ,rehabilitation of existing levees4,sec4 #cjjc4 ,maintenance of high risk flood control projects4,sec4 #cjjd4 ,rehabilitation of high hazard potential dams4,sec4 #cjje4 ,expedited completion of authorized projects for flood damage reduction4,sec4 #cjjf4 ,cumberland ,river ,basin ,dam repairs4,sec4 #cjjg4 ,indian dam safety4,sec4 #cjjh4 ,rehabilitation of ,corps of ,engineers constructed flood control dams4,,title ,,iv--,river basins1 watersheds1 and coastal areas ,sec4 #djja4 ,gulf ,coast oyster bed recovery plan4,sec4 #djjb4 ,columbia ,river1 ,platte ,river1 and ,arkansas ,river4,sec4 #djjc4 ,missouri ,river4,sec4 #djjd4 ,puget ,sound nearshore ecosystem restoration4,sec4 #djje4 ,ice jam prevention and mitigation4,sec4 #djjf4 ,chesapeake ,bay oyster restoration4,sec4 #djjg4 ,north ,atlantic coastal region4,sec4 #djjh4 ,rio ,grande4,sec4 #djji4 ,texas coastal area4,sec4 #djaj4 ,upper ,mississippi and ,illinois ,rivers flood risk management4,sec4 #djaa4 ,salton ,sea1 ,california4,sec4 #djab4 ,adjustment4,sec4 #djac4 ,coastal resiliency4,sec4 #djad4 ,regional intergovernmental collaboration on coastal resilience4,sec4 #djae4 ,south ,atlantic coastal study4,sec4 #djaf4 ,kanawha ,river ,basin4,sec4 #djag4 ,consideration of full array of measures for coastal risk reduction4,sec4 #djah4 ,waterfront community revitalization and resiliency4,sec4 #djai4 ,table ,rock ,lake1 ,arkansas and ,missouri4,sec4 #djbj4 ,pearl ,river ,basin1 ,mississippi4,,title ,v--,deauthorizations,sec4 #ejja4 ,deauthorizations4,sec4 #ejjb4 ,conveyances4,,title ,,vi--,water resources infrastructure ,sec4 #fjja4 ,authorization of final feasibility studies4,sec4 #fjjb4 ,authorization of project modifications recommended by the ,secretary4,sec4 #fjjc4 ,authorization of study and modification proposals submitted to ,congress by the ,secretary4,sec4 #fjjd4 ,expedited completion of reports4,sec4 #fjje4 ,extension of expedited consideration in ,senate4,sec4 #fjjf4 ,,gao study on ,corps of ,engineers methodology and performance metrics4,sec4 #fjjg4 ,inventory assessment4,sec4 #fjjh4 ,saint ,lawrence ,seaway modernization4,sec4 #fjji4 ,yazoo ,basin1 ,mississippi4,,title ,,vii--,safe drinking water and clean water infrastructure ,sec4 #gjja4 ,definition of ,administrator4,sec4 #gjjb4 ,sense of the ,senate on appropriations levels and findings on economic impacts4,subtitle ,a--,drinking water,sec4 #gaja4 ,preconstruction work4,sec4 #gajb4 ,priority system requirements4,sec4 #gajc4 ,administration of ,state loan funds4,sec4 #gajd4 ,other authorized activities4,sec4 #gaje4 ,negotiation of contracts4,sec4 #gajf4 ,assistance for small and disadvantaged communities4,sec4 #gajg4 ,reducing lead in drinking water4,sec4 #gajh4 ,regional liaisons for minority1 tribal1 and low-income communities4,sec4 #gaji4 ,notice to persons served4,sec4 #gaaj4 ,electronic reporting of drinking water data4,sec4 #gaaa4 ,lead testing in school and child care drinking water4,sec4 #gaab4 ,water,sense program4,sec4 #gaac4 ,water supply cost savings4,sec4 #gaad4 ,small system technical assistance4,sec4 #gaae4 ,definition of ,indian tribe4,sec4 #gaaf4 ,technical assistance for tribal water systems4,sec4 #gaag4 ,requirement for the use of ,american materials4,subtitle ,b--,clean water,sec4 #gbja4 ,sewer overflow control grants4,sec4 #gbjb4 ,small and medium treatment works4,sec4 #gbjc4 ,integrated plans4,sec4 #gbjd4 ,green infrastructure promotion4,sec4 #gbje4 ,financial capability guidance4,sec4 #gbjf4 ,chesapeake ,bay ,grass ,survey4,sec4 #gbjg4 ,great ,lakes harmful algal bloom coordinator4,subtitle ,c--,innovative financing and promotion of innovative technologies,sec4 #gcja4 ,water infrastructure public-private partnership pilot program4,sec4 #gcjb4 ,water infrastructure finance and innovation4,sec4 #gcjc4 ,water ,infrastructure ,investment ,trust ,fund4,sec4 #gcjd4 ,innovative water technology grant program4,sec4 #gcje4 ,water ,resources ,research ,act amendments4,sec4 #gcjf4 ,reauthorization of ,water ,desalination ,act of #aiif4,sec4 #gcjg4 ,national drought resilience guidelines4,sec4 #gcjh4 ,innovation in ,state water pollution control revolving loan funds4,sec4 #gcji4 ,innovation in drinking water ,state revolving loan funds4,subtitle ,d--,drinking water disaster relief and infrastructure investments,sec4 #gdja4 ,drinking water infrastructure4,sec4 #gdjb4 ,loan forgiveness4,sec4 #gdjc4 ,registry for lead exposure and advisory committee4,sec4 #gdjd4 ,additional funding for certain childhood health programs4,sec4 #gdje4 ,review and report4,subtitle ,e--,report on groundwater contamination,sec4 #geja4 ,definitions4,sec4 #gejb4 ,report on groundwater contamination4,subtitle ,f--,restoration,p,a,r,t ,i--,great ,lakes ,restoration ,sec4 #gfaa4 ,great ,lakes ,restoration ,initiative4,sec4 #gfab4 ,amendments to the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #aiij4,,part ,,ii--,lake ,tahoe ,restoration ,sec4 #gfba4 ,findings and purposes4,sec4 #gfbb4 ,definitions4,sec4 #gfbc4 ,improved administration of the ,lake ,tahoe ,basin ,management ,unit4,sec4 #gfbd4 ,authorized programs4,sec4 #gfbe4 ,program performance and accountability4,sec4 #gfbf4 ,conforming amendments2 updates to related laws4,sec4 #gfbg4 ,authorization of appropriations4,sec4 #gfbh4 ,land transfers to improve management efficiencies of ,federal and ,state land4,,part ,,iii--,long ,island ,sound ,restoration ,sec4 #gfca4 ,restoration and stewardship programs4,sec4 #gfcb4 ,reauthorization4,,part ,,iv--,delaware ,river ,basin ,conservation,sec4 #gfda4 ,findings4,sec4 #gfdb4 ,definitions4,sec4 #gfdc4 ,program establishment4,sec4 #gfdd4 ,grants and assistance4,sec4 #gfde4 ,annual reports4,sec4 #gfdf4 ,authorization of appropriations4,,part ,v--,columbia ,river ,basin ,restoration,sec4 #gfea4 ,columbia ,river ,basin restoration4,subtitle ,g--,innovative water infrastructure workforce development ,sec4 #ggja4 ,innovative water infrastructure workforce development program4,subtitle ,h--,offset,sec4 #ghja4 ,offset4,,title ,,viii--,miscellaneous provisions,sec4 #hjja4 ,approval of ,state programs for control of coal combustion residuals4,sec4 #hjjb4 ,choctaw ,nation of ,oklahoma and the ,chickasaw ,nation water settlement4,sec4 #hjjc4 ,land transfer and trust land for the ,muscogee 7,creek7 ,nation4,sec4 #hjjd4 ,reauthorization of ,denali ,commission4,sec4 #hjje4 ,recreational access of floating cabins4,sec4 #hjjf4 ,regulation of aboveground storage at farms4,sec4 #hjjg4 ,salt cedar removal permit reviews4,sec4 #hjjh4 ,international outfall interceptor repair1 operations1 and maintenance4,sec4 #hjji4 ,pechanga ,band of ,luiseo ,mission ,indians water rights settlement4,sec4 #hjaj4 ,gold ,king ,mine spill recovery4,sec4 #hjaa4 ,reports by the ,comptroller ,general4,sec4 #hjab4 ,sense of ,congress4,sec4 #hjac4 ,bureau of ,reclamation ,dakotas ,area ,office permit fees for cabins and trailers4 ,sec4 #hjad4 ,use of trailer homes at heart butte dam and reservoir 7,lake ,tschida74,,title ,,ix--,blackfeet ,water ,rights ,settlement ,act ,sec4 #ijja4 ,short title4 ,sec4 #ijjb4 ,purposes4 ,sec4 #ijjc4 ,definitions4 ,sec4 #ijjd4 ,ratification of compact4 ,sec4 #ijje4 ,milk ,river water right4 ,sec4 #ijjf4 ,water delivery through ,milk ,river project4 ,sec4 #ijjg4 ,bureau of ,reclamation activities to improve water management4 ,sec4 #ijjh4 ,st4 ,mary canal hydroelectric power generation4 ,sec4 #ijji4 ,storage allocation from ,lake ,elwell4 ,sec4 #ijaj4 ,irrigation activities4 ,sec4 #ijaa4 ,design and construction of ,,mr,i ,system4 ,sec4 #ijab4 ,design and construction of water storage and irrigation facilities4 ,sec4 #ijac4 ,blackfeet water1 storage1 and development projects4 ,sec4 #ijad4 ,easements and rights-of-way4 ,sec4 #ijae4 ,tribal water rights4 ,sec4 #ijaf4 ,blackfeet settlement trust fund4 ,sec4 #ijag4 ,blackfeet water settlement implementation fund4 ,sec4 #ijah4 ,authorization of appropriations4 ,sec4 #ijai4 ,water rights in ,lewis and ,clark ,national ,forest and ,glacier ,national ,park4 ,sec4 #ijbj4 ,waivers and releases of claims4 ,sec4 #ijba4 ,satisfaction of claims4 ,sec4 #ijbb4 ,miscellaneous provisions4 ,sec4 #ijbc4 ,expiration on failure to meet enforceability date4 ,sec4 #ijbd4 ,antideficiency4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,army4 #c4 ,limitations ,nothing in this ,act-- 7#a7 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 ,act2 7#b7 supersedes or authorizes any amendment to a multistate water control plan1 including the ,missouri ,river ,master ,water ,control ,manual 7as in effect on the date of enactment of this ,act72 7#c7 affects any water right in existence on the date of enactment of this ,act2 7#d7 preempts or affects any ,state water law or interstate compact governing water2 or 7#e7 affects any authority of a ,state1 as in effect on the date of enactment of this ,act1 to manage water resources within the ,state4 ,i ,program reforms #ajja4 ,study of water resources development projects by non-,federal interests ,section #bjc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbca7 is amended by adding at the end the following3 7e7 ,technical assistance ,on the request of a non-,federal interest1 the ,secretary may provide technical assistance relating to any aspect of the feasibility study if the non-,federal interest contracts with the ,secretary to pay all costs of providing the technical assistance4 4 #ajjb4 ,advanced funds for water resources development studies and projects ,the ,act of ,october #ae1 #aidj 7#cc ,u4,s4,c4 #gja;h-#a71 is amended-- 7#a7 in the first sentence-- 7,a7 by striking ,whenever any and inserting the following3 7a7 ,in general ,whenever any 2 7,b7 by striking a flood-control project duly adopted and authorized by law and inserting an authorized water resources development study or project12 and 7,c7 by striking such work and inserting such study or project2 7#b7 in the second sentence-- 7,a7 by striking ,the ,secretary of the ,army and inserting the following3 7b7 ,repayment ,the ,secretary of the ,army 2 and 7,b7 by striking from appropriations which may be provided by ,congress for flood-control work and inserting if specific appropriations are provided by ,congress for such purpose2 and 7#c7 by adding at the end the following3 7c7 ,definition of ,state ,in this section1 the term ,state means-- 7#a7 a ,state2 7#b7 the ,district of ,columbia2 7#c7 the ,commonwealth of ,puerto ,rico2 7#d7 any other territory or possession of the ,united ,states2 and 7#e7 a federally recognized ,indian tribe or a ,native village1 ,regional ,corporation1 or ,village ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb774 4 #ajjc4 ,authority to accept and use materials and services ,section #ajbd of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcbe;a7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,subject to subsection 7b71 the ,secretary is authorized to accept and use materials1 services1 or funds contributed by a non-,federal public entity1 a nonprofit entity1 or a private entity to repair1 restore1 replace1 or maintain a water resources project in any case in which the ,district ,commander determines that-- 7#a7 there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project2 and 7#b7 acceptance of the materials and services or funds is in the public interest4 2 and 7#b7 in subsection 7c71 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,not later than #fj days after initiating an activity under this section1 and inserting ,not later than ,february #a of each year after the first fiscal year in which materials1 services1 or funds are accepted under this section12 and 7,b7 by striking a report and inserting an annual report4 #ajjd4 ,partnerships with non-,federal entities to protect the ,federal investment 7a7 ,in general ,subject to subsection 7c71 the ,secretary is authorized to partner with a non-,federal interest for the maintenance of a water resources project to ensure that the project will continue to function for the authorized purposes of the project4 7b7 ,form of partnership ,under a partnership referred to in subsection 7a71 the ,secretary is authorized to accept and use funds1 materials1 and services contributed by the non-,federal interest4 7c7 ,no credit or reimbursement ,any entity that contributes materials1 services1 or funds under this section shall not be eligible for credit1 reimbursement1 or repayment for the value of those materials1 services1 or funds4 #ajje4 ,non-,federal study and construction of projects 7a7 ,in general ,the ,secretary may accept and expend funds provided by non-,federal interests to undertake reviews1 inspections1 monitoring1 and other ,federal activities related to non-,federal interests carrying out the study1 design1 or construction of water resources development projects under section #bjc or #bjd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbca1 #bbcb7 or any other ,federal law4 7b7 ,inclusion in costs ,in determining credit or reimbursement1 the ,secretary may include the amount of funds provided by a non-,federal interest under this section as a cost of the study1 design1 or construction4 #ajjf4 ,munitions disposal ,section #ajbg of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #dbf;e-#b7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting 1 at full ,federal expense1 after ,the ,secretary may2 and 7#b7 in subsection 7b71 by striking funded and inserting reimbursed4 #ajjg4 ,challenge cost-sharing program for management of recreation facilities ,section #bbe of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbh7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,user fees 7#a7 ,collection of fees 7,a7 ,in general ,the ,secretary may allow a non-,federal public or private entity that has entered into an agreement pursuant to subsection 7b7 to collect user fees for the use of developed recreation sites and facilities1 whether developed or constructed by that entity or the ,department of the ,army4 7,b7 ,use of visitor reservation services ,a public or private entity described in subparagraph 7,a7 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 agreement1 subject to such terms and conditions as the ,secretary determines to be appropriate4 7#b7 ,use of fees ,a non-,federal public or private entity that collects user fees under paragraph 7#a7 may-- 7,a7 retain up to #ajj percent of the fees collected1 as determined by the ,secretary2 and 7,b7 notwithstanding section #baj7;b77#d7 of the ,flood ,control ,act of #aifh 7#af ,u4,s4,c4 #dfj;d-#c7;b77#d771 use that amount for operation1 maintenance1 and management at the recreation site at which the fee is collected4 7#c7 ,terms and conditions ,the authority of a non-,federal public or private entity under this subsection shall be subject to such terms and conditions as the ,secretary determines necessary to protect the interests of the ,united ,states4 4 #ajjh4 ,structures and facilities constructed by the ,secretary ,section #ad of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djh7 7commonly known as the ,rivers and ,harbors ,act of #ahii71 is amended-- 7#a7 by striking ,that it shall not be lawful and inserting the following3 7a7 ,prohibitions and permissions ,it shall not be lawful 2 and 7#b7 by adding at the end the following3 7b7 ,concurrent review 7#a7 ,,nepa review 7,a7 ,in general ,in any case in which an activity subject to this section requires a review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 review and approval under this section shall1 to the maximum extent practicable1 occur concurrently with any review and decisions made under that ,act4 7,b7 ,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 7,a71 the ,chief of ,engineers shall1 to the maximum extent practicable-- 7i7 participate in the review as a cooperating agency 7unless the ,chief of ,engineers does not intend to submit comments on the project72 and 7ii7 adopt and use any environmental document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by the lead agency to the same extent that a ,federal agency could adopt or use a document prepared by another ,federal agency under-- 7,i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,,ii7 parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,reviews by ,secretary ,in any case in which the ,secretary of the ,army is required to approve an action under this section and under another authority1 including sections #i and #aj of this ,act1 section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 and section #ajc of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adac71 the ,secretary shall-- 7,a7 coordinate the reviews and1 to the maximum extent practicable1 carry out the reviews concurrently2 and 7,b7 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 the document1 as determined by the ,secretary1 is current and applicable4 7#c7 ,contributed funds ,the ,secretary of the ,army 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 ,states4 4 #ajji4 ,project completion ,for any project authorized under section #bai of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhce71 the authorization of appropriations is increased by the amount1 including in increments1 necessary to allow completion of the project if-- 7#a7 as of the date of enactment of this ,act1 the project has received more than #d1jjj1jjj in ,federal appropriations and those appropriations equal an amount that is greater than #hj percent of the authorized amount2 7#b7 significant progress has been demonstrated toward completion of the project or segments of the project but the project is not complete as of the date of enactment of this ,act2 and 7#c7 the benefits of the ,federal investment will not be realized without an increase in the authorization of appropriations to allow completion of the project4 #ajaj4 ,contributed funds 7a7 ,contributed funds ,section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h7 7commonly known as the ,flood ,control ,act of #aicf71 is amended-- 7#a7 by striking funds appropriated by the ,united ,states for2 and 7#b7 in the first proviso1 by inserting after authorized purposes of the project3 the following3 ,provided further1 ,that the ,secretary may receive and expend funds from a ,state or a political subdivision of a ,state and other non-,federal interests to formulate1 review1 or revise1 consistent with authorized project purposes1 operational documents for any reservoir owned and operated by the ,secretary 7other than reservoirs in the ,upper ,missouri ,river1 the ,apalachicola-,chattahoochee-,flint ,river system1 the ,alabama-,coosa-,tallapoosa ,river system1 and the ,stones ,river73 7b7 ,report ,section #ajae of the ,water ,resources ,reform and ,development ,act of #bjad is amended by striking subsection 7b7 7#cc ,u4,s4,c4 #gja;h note2 ,public ,law #aac-aba7 and inserting the following3 7b7 ,report ,not later than ,february #a of each year1 the ,secretary shall submit to the ,committees on ,environment and ,public ,works and ,appropriations of the ,senate and the ,committees on ,transportation and ,infrastructure and ,appropriations of the ,house of ,representatives a report that-- 7#a7 describes the number of agreements executed in the previous fiscal year for the acceptance of contributed funds under section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h7 7commonly known as the ,flood ,control ,act of #aicf72 and 7#b7 includes information on the projects and amounts of contributed funds referred to in paragraph 7#a74 4 #ajaa4 ,application of certain benefits and costs included in final feasibility studies 7a7 ,in general ,for a navigation project authorized after ,november #g1 #bjjg1 involving offshore oil and gas fabrication ports1 the recommended plan by the ,chief of ,engineers shall be the plan that uses the value of future energy exploration and production fabrication contracts and the transportation savings that would result from a larger navigation channel in accordance with section #fjji of the ,emergency ,supplemental ,appropriations ,act for ,defense1 the ,global ,war on ,terror1 and ,tsunami ,relief1 #bjje 7,public ,law #aji-ac2 #aai ,stat4 #bhb74 7b7 ,special rule ,in addition to projects described in subsection 7a71 this section shall apply to-- 7#a7 a project that has undergone an economic benefits update2 and 7#b7 at the request of the non-,federal sponsor1 any ongoing feasibility study for which the benefits under section #fjji of the ,emergency ,supplemental ,appropriations ,act for ,defense1 the ,global ,war on ,terror1 and ,tsunami ,relief1 #bjje 7,public ,law #aji-ac2 #aai ,stat4 #bhb7 may apply4 #ajab4 ,leveraging ,federal infrastructure for increased water supply 7a7 ,in general ,at the request of a non-,federal interest1 the ,secretary may review proposals to increase the quantity of available supplies of water at ,federal water resources projects through-- 7#a7 modification of a water resources project2 7#b7 modification of how a project is managed2 or 7#c7 accessing water released from a project4 7b7 ,proposals included ,a proposal under subsection 7a7 may include-- 7#a7 increasing the storage capacity of the project2 7#b7 diversion of water released or withdrawn from the project-- 7,a7 to recharge groundwater2 7,b7 to aquifer storage and recovery2 or 7,c7 to any other storage facility2 7#c7 construction of facilities for delivery of water from pumping stations constructed by the ,secretary2 7#d7 construction of facilities to access water2 and 7#e7 a combination of the activities described in paragraphs 7#a7 through 7#d74 7c7 ,exclusions ,this section shall not apply to a proposal that-- 7#a7 reallocates existing water supply or hydropower storage2 or 7#b7 reduces water available for any authorized project purpose4 7d7 ,other ,federal projects ,in any case in which a proposal relates to a ,federal project that is not owned by the ,secretary1 this section shall apply only to activities under the authority of the ,secretary4 7e7 ,review process 7#a7 ,notice ,on receipt of a proposal submitted under subsection 7a71 the ,secretary shall provide a copy of the proposal to each entity described in paragraph 7#b7 and if applicable1 the ,federal agency that owns the project1 in the case of a project owned by an agency other than the ,department of the ,army4 7#b7 ,public participation ,in reviewing proposals submitted under subsection 7a71 and prior to making any decisions regarding a proposal1 the ,secretary shall comply with all applicable public participation requirements under law1 including consultation with-- 7,a7 affected ,states2 7,b7 ,power ,marketing ,administrations1 in the case of reservoirs with ,federal hydropower projects2 7,c7 entities responsible for operation and maintenance costs2 7,d7 any entity that has a contractual right from the ,federal ,government or a ,state to withdraw water from1 or use storage at1 the project2 7,e7 entities that the ,state determines hold rights under ,state law to the use of water from the project2 and 7,f7 units of local government with flood risk reduction responsibilities downstream of the project4 7f7 ,authorities ,a proposal submitted to the ,secretary under subsection 7a7 may be reviewed and approved1 if applicable and appropriate1 under-- 7#a7 the specific authorization for the water resources project2 7#b7 section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a72 7#c7 section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b72 and 7#d7 section #ad of the ,act of ,march #c1 #ahii 7commonly known as the ,rivers and ,harbors ,act of #ahii7 7#cc ,u4,s4,c4 #djh74 7g7 ,limitations ,the ,secretary shall not approve a proposal submitted under subsection 7a7 that-- 7#a7 is not supported by the ,federal agency that owns the project if the owner is not the ,secretary2 7#b7 interferes with an authorized purpose of the project2 7#c7 adversely impacts contractual rights to water or storage at the reservoir2 7#d7 adversely impacts legal rights to water under ,state law1 as determined by an affected ,state2 7#e7 increases costs for any entity other than the entity that submitted the proposal2 or 7#f7 if a project is subject to section #cja7;e7 of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7e771 makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by ,congress4 7h7 ,cost share 7#a7 ,in general ,except as provided in paragraph 7#b71 #ajj percent of the cost of developing1 reviewing1 and implementing a proposal submitted under subsection 7a7 shall be provided by an entity other than the ,federal ,government4 7#b7 ,planning assistance to states ,in the case of a proposal from an entity authorized to receive assistance under section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af71 the ,secretary may use funds available under that section to pay #ej percent of the cost of a review of a proposal submitted under subsection 7a74 7#c7 ,operation and maintenance costs 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the operation and maintenance costs for the non-,federal sponsor of a proposal submitted under subsection 7a7 shall be #ajj percent of the separable operation and maintenance costs associated with the costs of implementing the proposal4 7,b7 ,certain water supply storage projects ,for a proposal submitted under subsection 7a7 for constructing additional water supply storage at a reservoir for use under a water supply storage agreement1 in addition to the costs under subparagraph 7,a71 the non-,federal costs shall include the proportional share of any joint-use costs for operation1 maintenance1 repair1 replacement1 or rehabilitation of the reservoir project determined in accordance with section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b74 7,c7 ,voluntary contributions ,an entity other than an entity described in subparagraph 7,a7 may voluntarily contribute to the costs of implementing a proposal submitted under subsection 7a74 7i7 ,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 7a74 7j7 ,assistance ,on request by a non-,federal interest1 the ,secretary may provide technical assistance in the development or implementation of a proposal under subsection 7a71 including assistance in obtaining necessary permits for construction1 if the non-,federal interest contracts with the ,secretary to pay all costs of providing the technical assistance4 7k7 ,exclusion ,this section shall not apply to reservoirs in-- 7#a7 the ,upper ,missouri ,river2 7#b7 the ,apalachicola-,chattahoochee-,flint river system2 7#c7 the ,alabama-,coosa-,tallapoosa river system2 and 7#d7 the ,stones ,river4 7l7 ,effect of section ,nothing in this section affects or modifies any authority of the ,secretary to review or modify reservoirs4 #ajac4 ,new ,england ,district headquarters 7a7 ,in general ,subject to subsection 7b71 using amounts available in the revolving fund established by section #aja of the ,civil ,functions ,appropriations ,act1 #aied 7#cc ,u4,s4,c4 #egf7 and not otherwise obligated1 the ,secretary may-- 7#a7 design1 renovate1 and construct additions to #b buildings located on ,hanscom ,air ,force ,base in ,bedford1 ,massachusetts for the headquarters of the ,new ,england ,district of the ,army ,corps of ,engineers2 and 7#b7 carry out such construction and infrastructure improvements as are required to support the headquarters of the ,new ,england ,district of the ,army ,corps of ,engineers1 including any necessary demolition of the existing infrastructure4 7b7 ,requirement ,in carrying out subsection 7a71 the ,secretary shall ensure that the revolving fund established by section #aja of the ,civil ,functions ,appropriations ,act1 #aied 7#cc ,u4,s4,c4 #egf7 is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section4 #ajad4 ,buffalo ,district headquarters 7a7 ,in general ,subject to subsection 7b71 using amounts available in the revolving fund established by section #aja of the ,civil ,functions ,appropriations ,act1 #aied 7#cc ,u4,s4,c4 #egf7 and not otherwise obligated1 the ,secretary may-- 7#a7 design and construct a new building in ,buffalo1 ,new ,york1 for the headquarters of the ,buffalo ,district of the ,army ,corps of ,engineers2 and 7#b7 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 ,army ,corps of ,engineers1 including any necessary demolition or renovation of the existing infrastructure4 7b7 ,requirement ,in carrying out subsection 7a71 the ,secretary shall ensure that the revolving fund established by section #aja of the ,civil ,functions ,appropriations ,act1 #aied 7#cc ,u4,s4,c4 #egf7 is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section4 #ajae4 ,completion of ecosystem restoration projects ,section #bjci of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bccj;a7 is amended by adding at the end the following3 7d7 ,inclusions ,a monitoring plan under subsection 7b7 shall include a description of-- 7#a7 the types and number of restoration activities to be conducted2 7#b7 the physical action to be undertaken to achieve the restoration objectives of the project2 7#c7 the functions and values that will result from the restoration plan2 and 7#d7 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 plan4 7e7 ,conclusion of operation and maintenance responsibility ,the responsibility of the non-,federal sponsor for operation1 maintenance1 repair1 replacement1 and rehabilitation of the ecosystem restoration project shall cease #aj years after the date on which the ,secretary makes a determination of success under subsection 7b77#b74 4 #ajaf4 ,credit for donated goods ,section #bba7;a77#d77;,d77iv7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77;,d77iv77 is amended-- 7#a7 by inserting regardless of the cost incurred by the non-,federal interest1 before shall not2 and 7#b7 by striking costs and inserting value4 #ajag4 ,structural health monitoring 7a7 ,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 ,engineers1 including research1 design1 and development of systems and frameworks for-- 7#a7 response to flood and earthquake events2 7#b7 pre-disaster mitigation measures2 7#c7 lengthening the useful life of the infrastructure2 and 7#d7 identifying risks due to sea level rise4 7b7 ,consultation and consideration ,in developing the program under subsection 7a71 the ,secretary shall-- 7#a7 consult with academic and other experts2 and 7#b7 consider models for maintenance and repair information1 the development of degradation models for real-time measurements and environmental inputs1 and research on qualitative inspection data as surrogate sensors4 #ajah4 ,fish and wildlife mitigation ,section #ijf of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhc7 is amended-- 7#a7 in subsection 7h7-- 7,a7 in paragraph 7#d7-- 7i7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7ii7 by inserting after subparagraph 7,c7 the following3 7,d7 include measures to protect or restore habitat connectivity 2 7,b7 in paragraph 7#f77;,c71 by striking impacts and inserting impacts1 including impacts to habitat connectivity2 and 7,c7 by striking paragraph 7#aa7 and inserting the following3 7#aa7 ,effect ,nothing in this subsection-- 7,a7 requires the ,secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated1 including the addition of fish passage to an existing water resources development project2 or 7,b7 affects the mitigation responsibilities of the ,secretary under any other provision of law4 2 and 7#b7 by adding at the end the following3 7j7 ,use of funds ,the ,secretary may use funds made available for preconstruction engineering and design prior to 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 section4 7k7 ,measures ,the ,secretary shall consult with interested members of the public1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration1 ,states1 including ,state fish and game departments1 and interested local governments to identify standard measures under subsection 7h77#f77;,c7 that reflect the best available scientific information for evaluating habitat connectivity4 4 #ajai4 ,non-,federal interests ,section #bba7;b77#a7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7b77#a77 is amended by inserting or a ,native village1 ,regional ,corporation1 or ,village ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb77 after ,indian tribe4 #ajbj4 ,discrete segment ,section #bjd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7 is amended-- 7#a7 by striking project or separable element each place it appears and inserting project1 separable element1 or discrete segment2 7#b7 by striking project1 or separable element thereof1 each place it appears and inserting project1 separable element1 or discrete segment of a project2 7#c7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 and 7,b7 by striking the subsection designation and all that follows through ,in this section1 the and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,discrete segment ,the term discrete segment1 with respect to a project1 means a physical portion of the project1 as described in design documents1 that is environmentally acceptable1 is complete1 will not create a hazard1 and functions independently so that the non-,federal sponsor can operate and maintain the discrete segment in advance of completion of the total project or separable element of the project4 7#b7 ,water resources development project ,the 2 7#d7 in subsection 7b77#a71 in the matter preceding subparagraph 7,a71 by striking project1 or separate element thereof and inserting project1 separable element1 or discrete segment of a project2 and 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#c77;,b71 in the matter preceding clause 7i71 by striking project and inserting project1 separable element1 or discrete segment2 7,b7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking project1 or a separable element of a water resources development project1 and inserting project1 separable element1 or discrete segment of a project2 and 7,c7 by adding at the end the following3 7#e7 ,repayment of reimbursement ,if the non-,federal interest receives reimbursement for a discrete segment of a project and fails to complete the entire project or separable element of the project1 the non-,federal interest shall repay to the ,secretary the amount of the reimbursement1 plus interest4 4 #ajba4 ,funding to process permits ,section #bad7;a7 of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bceb7;a77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,c7 ,rail carrier ,the term rail carrier has the meaning given the term in section #ajajb of title #di1 ,united ,states ,code4 2 7#b7 in paragraph 7#b71 by striking or natural gas company and inserting 1 natural gas company1 or rail carrier2 7#c7 in paragraph 7#c71 by striking or natural gas company and inserting 1 natural gas company1 or rail carrier2 and 7#d7 in paragraph 7#e71 by striking and natural gas companies and inserting 1 natural gas companies1 and rail carriers1 including an evaluation of the compliance with all requirements of this section and1 with respect to a permit for those entities1 the requirements of all applicable ,federal laws4 #ajbb4 ,international ,outreach ,program ,section #dja of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbi7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,authorization 7#a7 ,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 ,states4 7#b7 ,inclusions ,activities under paragraph 7#a7 may include-- 7,a7 development1 monitoring1 assessment1 and dissemination of information about foreign water resources projects that could significantly improve water resources development in the ,united ,states2 7,b7 research1 development1 training1 and other forms of technology transfer and exchange2 and 7,c7 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 project4 4 #ajbc4 ,wetlands mitigation ,section #bjcf7;c7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcag;b7 is amended by adding at the end the following3 7#d7 ,mitigation banks 7,a7 ,in general ,not later than #ahj days after the date of enactment of this paragraph1 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 and in-lieu fee programs with an approved service area that includes the projected impacts of the water resource development project4 7,b7 ,requirements ,all potential mitigation bank and in-lieu fee credits that meet the criteria under subparagraph 7,a7 shall be considered a reasonable alternative for planning purposes if the applicable mitigation bank-- 7i7 has an approved mitigation banking instrument2 and 7ii7 has completed a functional analysis of the potential credits using the approved ,corps of ,engineers certified habitat assessment model specific to the region4 7,c7 ,effect ,nothing in this paragraph modifies or alters any requirement for a water resources project to comply with applicable laws or regulations1 including section #ijf of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhc74 4 #ajbd4 ,use of ,youth ,service and ,conservation ,corps ,section #bac of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bcci7 is amended by adding at the end the following3 7d7 ,youth service and conservation corps ,the ,secretary shall encourage each district of the ,corps of ,engineers to enter into cooperative agreements authorized under this section with qualified youth service and conservation corps to perform appropriate projects4 4 #ajbe4 ,debris removal ,section #c of the ,act entitled ,an ,act authorizing the construction1 repair1 and preservation of certain public works on rivers and harbors1 and for other purposes1 approved ,march #b1 #aide 7#cc ,u4,s4,c4 #fjc;a71 is amended-- 7#a7 by striking #a1jjj1jjj and inserting #e1jjj1jjj2 7#b7 by striking accumulated snags and other debris and inserting accumulated snags1 obstructions1 and other debris located in or adjacent to a ,federal channel2 and 7#c7 by striking or flood control and inserting 1 flood control1 or recreation4 #ajbf4 ,aquaculture study 7a7 ,in general ,the ,comptroller ,general shall carry out an assessment of the shellfish aquaculture industry1 including-- 7#a7 an examination of ,federal and ,state laws 7including regulations7 in each relevant district of the ,corps of ,engineers2 7#b7 the number of shellfish aquaculture leases1 verifications1 or permits in place in each relevant district of the ,corps of ,engineers2 7#c7 the period of time required to secure a shellfish aquaculture lease1 verification1 or permit from each relevant jurisdiction2 and 7#d7 the experience of the private sector in applying for shellfish aquaculture permits from different jurisdictions of the ,corps of ,engineers and different ,states4 7b7 ,study area ,the study area shall comprise1 to the maximum extent practicable1 the following applicable locations3 7#a7 ,the ,chesapeake ,bay4 7#b7 ,the ,gulf ,coast ,states4 7#c7 ,the ,state of ,california4 7#d7 ,the ,state of ,washington4 7c7 ,findings ,not later than #bbe days after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committees on ,environment and ,public ,works and on ,energy and ,natural ,resources of the ,senate and the ,committees on ,transportation and ,infrastructure and on ,natural ,resources of the ,house of ,representatives a report containing the findings of the assessment conducted under subsection 7a74 #ajbg4 ,levee vegetation 7a7 ,in general ,section #cjac7;g77#a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #gjan note2 ,public ,law #aac-aba7 is amended-- 7#a7 by inserting remove existing vegetation or after the ,secretary shall not2 and 7#b7 by striking as a condition or requirement for any approval or funding of a project1 or any other action4 7b7 ,report ,not later than #cj days after the enactment of this ,act1 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-- 7#a7 describes the reasons for the failure of the ,secretary to meet the deadlines in subsection 7f7 of section #cjac of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #gjan note2 ,public ,law #aac-aba72 and 7#b7 provides a plan for completion of the activities required in that subsection 7f74 #ajbh4 ,planning assistance to ,states ,section #bb7;a77#a7 of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7;a77#a77 is amended-- 7#a7 by inserting 1 a group of ,states1 or a regional or national consortia of ,states after working with a ,state2 and 7#b7 by striking located within the boundaries of such ,state4 #ajbi4 ,prioritization ,section #ajaa of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcda;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,c71 by inserting restore or before prevent the loss2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the date of enactment of this ,act and inserting the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7ii7 in subparagraph 7,a77ii71 by striking that-- and all that follows through 7,,ii7 and inserting that2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 7,b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7,c7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,for and inserting the following3 7#a7 ,in general ,for 2 and 7,d7 by adding at the end the following3 7#b7 ,expedited consideration of currently authorized programmatic authorities ,not later than #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 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-- 7,a7 a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that-- 7i7 were authorized or modified in the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #ajda7 or any subsequent ,act2 and 7ii7 that meet the criteria described in paragraph 7#a72 and 7,b7 a plan for expeditiously completing the projects under the authorities described in subparagraph 7,a71 subject to available funding4 4 #ajcj4 ,kennewick ,man 7a7 ,definitions ,in this section3 7#a7 ,claimant tribes ,the term claimant tribes means the ,indian tribes and band referred to in the letter from ,secretary of the ,interior ,bruce ,babbitt to ,secretary of the ,army ,louis ,caldera1 relating to the human remains and dated ,september #ba1 #bjjj4 7#b7 ,department ,the term ,department means the ,washington ,state ,department of ,archaeology and ,historic ,preservation4 7#c7 ,human remains ,the term human remains means the human remains that-- 7,a7 are known as ,kennewick ,man or the ,ancient ,one1 which includes the projectile point lodged in the right ilium bone1 as well as any residue from previous sampling and studies2 and 7,b7 are part of archaeological collection number #de;,,bn#die4 7b7 ,transfer ,notwithstanding any other provision of ,federal law1 including the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq471 or law of the ,state of ,washington1 not later than #ij days after the date of enactment of this ,act1 the ,secretary1 acting through the ,chief of ,engineers1 shall transfer the human remains to the ,department1 on the condition that the ,department1 acting through the ,state ,historic ,preservation ,officer1 disposes of the remains and repatriates the remains to claimant tribes4 7c7 ,cost ,the ,corps of ,engineers shall be responsible for any costs associated with the transfer4 7d7 ,limitations 7#a7 ,in general ,the transfer shall be limited solely to the human remains portion of the archaeological collection4 7#b7 ,secretary ,the ,secretary shall have no further responsibility for the human remains transferred pursuant to subsection 7b7 after the date of the transfer4 #ajca4 ,disposition studies ,in carrying out any disposition study for a project of the ,corps of ,engineers 7including a study under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a771 the ,secretary shall consider the extent to which the property has economic or recreational significance or impacts at the national1 ,state1 or local level4 #ajcb4 ,transfer of excess credit ,section #ajbj of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbbc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking the subsection designation and heading and all that follows through ,subject to subsection 7b7 and inserting the following3 7a7 ,application of credit 7#a7 ,in general ,subject to subsection 7b7 2 and 7,b7 by adding at the end the following3 7#b7 ,reasonable intervals ,on request from a non-,federal interest1 the credit described in subsection 7a7 may be applied at reasonable intervals as those intervals occur and are identified as being in excess of the required non-,federal cost share prior to completion of the study or project if the credit amount is verified by the ,secretary4 2 7#b7 by striking subsection 7d72 and 7#c7 by redesignating subsection 7e7 as subsection 7d74 #ajcc4 ,surplus water storage ,section #ajdf7;c7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #abed7 is amended by adding at the end the following3 7#e7 ,time limit 7,a7 ,in general ,if the ,secretary has documented the volume of surplus water available1 not later than #fj days after the date on which the ,secretary receives a request for a contract and easement1 the ,secretary shall issue a decision on the request4 7,b7 ,outstanding information ,if the ,secretary has not documented the volume of surplus water available1 not later than #cj days after the date on which the ,secretary receives a request for a contract and easement1 the ,secretary shall provide to the requester-- 7i7 an identification of any outstanding information that is needed to make a final decision2 7ii7 the date by which the information referred to in clause 7i7 shall be obtained2 and 7iii7 the date by which the ,secretary will make a final decision on the request4 4 #ajcd4 ,hurricane and storm damage reduction ,section #c7;c77#b77;,b7 of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g7c77#b77;,b77 is amended by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 #ajce4 ,fish hatcheries 7a7 ,in general ,notwithstanding any other provision of law1 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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 or a similar ,state law4 7b7 ,costs ,a non-,federal entity1 another ,federal agency1 or a group of non-,federal entities or other ,federal agencies shall be responsible for #ajj percent of the additional costs associated with managing a fish hatchery for the purpose described in subsection 7a7 that are not authorized as of the date of enactment of this ,act for the fish hatchery4 #ajcf4 ,feasibility studies and watershed assessments 7a7 ,vertical integration and acceleration of studies ,section #ajja7;d7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7d77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,report ,not later than ,february #a of each year1 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 any feasibility study for which the ,secretary in the preceding fiscal year approved an increase in cost or extension in time as provided under this section1 including an identification of the specific #a or more factors used in making the determination that the project is complex4 4 7b7 ,cost sharing ,section #aje7;a77#a77;,a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae7;a77#a77;,a77 is amended-- 7#a7 by striking the subparagraph designation and heading and all that follows through ,the ,secretary and inserting the following3 7,a7 ,requirement 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary 2 and 7#b7 by adding at the end the following3 7ii7 ,exception ,for the purpose of meeting or otherwise communicating with prospective non-,federal sponsors to identify the scope of a potential water resources project feasibility study1 identifying the ,federal interest1 developing the cost sharing agreement1 and developing the project management plan1 the first #ajj1jjj of the feasibility study shall be a ,federal expense4 4 7c7 ,non-,federal share ,section #gbi7;f77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfg;a7f77#a77 is amended by inserting before the period at the end 1 except that the first #ajj1jjj of the assessment shall be a ,federal expense4 #ajcg4 ,shore damage prevention or mitigation ,section #aaa of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i7 is amended-- 7#a7 in subsection 7b71 by striking measures and all that follows through project and inserting measures1 including a study1 shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project2 and 7#b7 by adding at the end the following3 7e7 ,reimbursement for feasibility studies ,beginning on the date of enactment of this subsection1 in any case in which the ,secretary implements a project under this section1 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 costs1 as determined under subsection 7b74 4 #ajch4 ,enhancing lake recreation opportunities ,section #cacd of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aadb7 is amended by striking subsection 7e74 #ajci4 ,cost estimates ,section #bjjh of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdj7 is amended by striking subsection 7c74 #ajdj4 ,tribal partnership program ,section #bjc of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bbfi7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking the ,secretary and all that follows through projects and inserting the ,secretary may carry out water-related planning activities1 or activities relating to the study1 design1 and construction of water resources development projects or projects for the preservation of cultural and natural resources12 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking 7#b7 ,matters to be studied4--,a study and inserting the following3 7#b7 ,authorized activities ,any activity 2 and 7,c7 by adding at the end the following3 7#c7 ,feasibility study and reports 7,a7 ,in general ,on the request of an ,indian tribe1 the ,secretary shall conduct a study1 and provide to the ,indian tribe a report describing the feasibility of a water resources development project or project for the preservation of cultural and natural resources described in paragraph 7#a74 7,b7 ,recommendation ,a report under subparagraph 7,a7 may1 but shall not be required to1 contain a recommendation on a specific water resources development project4 7,c7 ,funding ,the first #ajj1jjj of a study under this paragraph shall be at full ,federal expense4 7#d7 ,design and construction 7,a7 ,in general ,the ,secretary may carry out the design and construction of a water resources development project or project for the preservation of cultural and natural resources described in paragraph 7#a7 that the ,secretary determines is feasible if the ,federal share of the cost of the project is not more than #aj1jjj1jjj4 7,b7 ,specific authorization ,if the ,federal share of the cost of a project described in subparagraph 7,a7 is more than #aj1jjj1jjj1 the ,secretary may only carry out the project if ,congress enacts a law authorizing the ,secretary to carry out the project4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking studies and inserting any activity2 and 7,b7 in paragraph 7#b77;,b71 by striking carrying out projects studied and inserting any activity conducted2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 by striking a study and inserting any activity conducted2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,credit ,the ,secretary may credit toward the non-,federal share of the costs of any activity conducted under subsection 7b7 the cost of services1 studies1 supplies1 or other in-kind contributions provided by the non-,federal interest4 7#c7 ,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 subsection4 7#d7 ,water resources development projects 7,a7 ,in general ,the non-,federal share of costs for the study of a water resources development project described in subsection 7b77#a7 shall be #ej percent4 7,b7 ,other costs ,the non-,federal share of costs of design and construction of a project described in subparagraph 7,a7 shall be assigned to the appropriate project purposes described in sections #aja and #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa1 #bbac7 and shared in the same percentages as the purposes to which the costs are assigned4 7#e7 ,projects for the preservation of cultural and natural resources 7,a7 ,in general ,the non-,federal share of costs for the study of a project for the preservation of cultural and natural resources described in subsection 7b77#a7 shall be #ej percent4 7,b7 ,other costs ,the non-,federal share of costs of design and construction of a project described in subparagraph 7,a7 shall be #fe percent4 7#f7 ,water-related planning activities 7,a7 ,in general ,the non-,federal share of costs of a watershed and river basin assessment shall be #be percent4 7,b7 ,other costs ,the non-,federal share of costs of other water-related planning activities described in subsection 7b77#a7 shall be #fe percent4 2 and 7#d7 by striking subsection 7e74 #ajda4 ,cost sharing for territories and ,indian tribes ,section #aaef of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcaj7 is amended-- 7#a7 in the section heading1 by striking territories and inserting territories and ,indian tribes2 and 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,the ,secretary shall waive local cost-sharing requirements up to #bjj1jjj for all studies1 projects1 and assistance under section #bb7;a7 of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7;a77-- 7#a7 in ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 ,puerto ,rico1 and the ,trust ,territory of the ,pacific ,islands2 and 7#b7 for any ,indian tribe 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj774 4 #ajdb4 ,local government water management plans ,the ,secretary1 with the consent of the non-,federal sponsor of a feasibility study for a water resources development project1 may enter into a feasibility study cost-sharing agreement under section #bba7;a7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a771 to allow a unit of local government in a watershed that has adopted a local or regional water management plan to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project being studied to help achieve the purposes identified in the local or regional water management plan4 #ajdc4 ,credit in lieu of reimbursement ,section #ajbb of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbbe7 is amended-- 7#a7 in subsection 7a71 by striking that has been constructed by a non-,federal interest under section #baa of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7 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 #ca1 #bjad1 under section #baa of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7 7as it existed before the repeal made by section #ajad7;c77#c772 and 7#b7 in subsection 7b71 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 interest4 #ajdd4 ,retroactive changes to cost-sharing agreements ,study costs incurred before the date of execution of a feasibility cost-sharing agreement for a project to be carried out under section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7 shall be ,federal costs1 if-- 7#a7 the study was initiated before ,october #a1 #bjjf2 and 7#b7 the feasibility cost-sharing agreement was not executed before ,january #a1 #bjad4 #ajde4 ,easements for electric1 telephone1 or broadband service facilities eligible for financing under the ,rural ,electrification ,act of #aicf 7a7 ,definition of water resources development project ,in this section1 the term water resources development project means a project under the administrative jurisdiction of the ,corps of ,engineers that is subject to part #cbg of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,no consideration for easements ,the ,secretary may not collect consideration for an easement across water resources development project land for the electric1 telephone1 or broadband service facilities of nonprofit organizations eligible for financing under the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ija et seq474 7c7 ,administrative expenses ,nothing in this section affects the authority of the ,secretary under section #bfie of title #aj1 ,united ,states ,code1 or under section #igja of title #ca1 ,united ,state ,code1 to collect funds to cover reasonable administrative expenses incurred by the ,secretary4 #ajdf4 ,study on the performance of innovative materials 7a7 ,definition of innovative material ,in this section1 the term innovative material1 with respect to a water resources development project1 includes high performance concrete formulations1 geosynthetic materials1 advanced alloys and metals1 reinforced polymer composites1 and any other material1 as determined by the ,secretary4 7b7 ,study 7#a7 ,in general ,the ,secretary shall offer to enter into a contract with the ,transportation ,research ,board of the ,national ,academy of ,sciences-- 7,a7 to develop a proposal to study the use and performance of innovative materials in water resources development projects carried out by the ,corps of ,engineers2 and 7,b7 after the opportunity for public comment provided in accordance with subsection 7c71 to carry out the study proposed under subparagraph 7,a74 7#b7 ,contents ,the study under paragraph 7#a7 shall identify-- 7,a7 the conditions that result in degradation of water resources infrastructure2 7,b7 the capabilities of the innovative materials in reducing degradation2 7,c7 barriers to the expanded successful use of innovative materials2 7,d7 recommendations on including performance-based requirements for the incorporation of innovative materials into the ,unified ,facilities ,guide ,specifications2 7,e7 recommendations on how greater use of innovative materials could increase performance of an asset of the ,corps of ,engineers in relation to extended service life2 7,f7 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 ,engineers2 and 7,g7 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 infrastructure4 7c7 ,public comment ,after developing the study proposal under subsection 7b77#a77;,a7 and before carrying out the study under subsection 7b77#a77;,b71 the ,secretary shall provide an opportunity for public comment on the study proposal4 7d7 ,consultation ,in carrying out the study under subsection 7b77#a71 the ,secretary1 at a minimum1 shall consult with relevant experts on engineering1 environmental1 and industry considerations4 7e7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study required under subsection 7b77#a74 #ajdg4 ,deauthorization of inactive projects 7a7 ,in general ,section #fjja7;c7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #egi;b7c77 is amended by adding at the end the following3 7#e7 ,definition of construction ,in this subsection1 the term construction includes the obligation or expenditure of non-,federal funds for construction of elements integral to the authorized project1 whether or not the activity takes place pursuant to any agreement with1 expenditure by1 or obligation from the ,secretary4 4 7b7 ,notices of correction ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a notice of correction removing from the lists under subsections 7c7 and 7d7 of section #fjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #egi;b7 any project that was listed even though construction 7as defined in subsection 7c77#e7 of that section7 took place4 #ajdh4 ,review of reservoir operations 7a7 ,definitions ,in this section3 7#a7 ,reserved works ,the term reserved works means any ,bureau of ,reclamation project facility at which the ,secretary of the ,interior carries out the operation and maintenance of the project facility4 7#b7 ,transferred works ,the term transferred works means a ,bureau of ,reclamation project facility1 the operation and maintenance of which is carried out by a non-,federal entity under the provisions of a formal operation and maintenance transfer contract4 7#c7 ,transferred works operating entity ,the term transferred works operating entity means the organization that is contractually responsible for operation and maintenance of transferred works4 7b7 ,applicability 7#a7 ,in general ,this section applies to reservoirs that are subject to regulation by the ,secretary under section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji7 located in a ,state in which a ,bureau of ,reclamation project is located4 7#b7 ,exclusions ,this section shall not apply to-- 7,a7 any project authorized by the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7,b7 the initial units of the ,colorado ,river ,storage ,project1 as authorized by the first section of the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj72 7,c7 any dam or reservoir operated by the ,bureau of ,reclamation as reserved works1 unless all non-,federal project sponsors of the reserved works jointly provide to the ,secretary a written request for application of this section to the project2 7,d7 any dam or reservoir owned and operated by the ,corps of ,engineers2 or 7,e7 any ,bureau of ,reclamation transferred works1 unless the transferred works operating entity provides to the ,secretary a written request for application of this section to the project4 7c7 ,review 7#a7 ,in general ,in accordance with the authorities of the ,secretary in effect on the day before the date of enactment of this ,act1 at the reservoirs described in paragraph 7#b71 the ,secretary may-- 7,a7 review any flood control rule curves developed by the ,secretary2 and 7,b7 determine1 based on the best available science 7including improved weather forecasts and forecast-informed operations1 new watershed data1 or structural improvements7 whether an update to the flood control rule curves and associated changes to the water operations manuals is appropriate4 7#b7 ,description of reservoirs ,the reservoirs referred to in paragraph 7#a7 are reservoirs-- 7,a7 7i7 located in areas with prolonged drought conditions2 or 7ii7 for which no review has occurred during the #aj-year period preceding the date of enactment of this ,act2 and 7,b7 for which individuals or entities1 including the individuals or entities responsible for operations and maintenance costs or that have storage entitlements or contracts at a reservoir1 a unit of local government1 the owner of a non-,federal project1 or the non-,federal transferred works operating entity1 as applicable1 have submitted to the ,secretary a written request to carry out the review described in paragraph 7#a74 7#c7 ,required consultation ,in carrying out a review under paragraph 7#a7 and prior to updating any flood control rule curves and manuals under subsection 7e71 the ,secretary shall comply with all applicable public participation and agency review requirements1 including consultation with-- 7,a7 affected ,states1 ,indian tribes1 and other ,federal and ,state agencies with jurisdiction over a portion of or all of the project or the operations of the project2 7,b7 the applicable power marketing administration1 in the case of reservoirs with ,federal hydropower projects2 7,c7 any non-,federal entity responsible for operation and maintenance costs2 7,d7 any entity that has a contractual right to withdraw water from1 or use storage at1 the project2 7,e7 any entity that the ,state determines holds rights under ,state law to the use of water from the project2 and 7,f7 any unit of local government with flood risk reduction responsibilities downstream of the project4 7d7 ,agreement ,before carrying out an activity under this section1 the ,secretary shall enter into a cooperative agreement1 memorandum of understanding1 or other agreement with an affected ,state1 any owner or operator of the reservoir1 and1 on request1 any non-,federal entities responsible for operation and maintenance costs at the reservoir1 that describes the scope and goals of the activity and the coordination among the parties4 7e7 ,updates ,if the ,secretary determines under subsection 7c7 that an update to a flood control rule curve and associated changes to a water operations manual is appropriate1 the ,secretary may update the flood control rule curve and manual in accordance with the authorities in effect on the day before the date of enactment of this ,act4 7f7 ,funding 7#a7 ,in general ,subject to subsection 7d71 the ,secretary may accept and expend amounts from the entities described in paragraph 7#b7 to fund all or part of the cost of carrying out a review under subsection 7c7 or an update under subsection 7e71 including any associated environmental documentation4 7#b7 ,description of entities ,the entities referred to in paragraph 7#a7 are-- 7,a7 non-,federal entities responsible for operations and maintenance costs at the affected reservoir2 7,b7 individuals and non-,federal entities with storage entitlements at the affected reservoir2 7,c7 a ,federal power marketing agency that markets power produced by the affected reservoir2 7,d7 units of local government2 7,e7 public or private entities holding contracts with the ,federal ,government for water storage or water supply at the affected reservoir2 and 7,f7 a nonprofit entity1 with the consent of the affected unit of local government4 7#c7 ,in-kind contributions ,the ,secretary may-- 7,a7 accept and use materials and services contributed by an entity described in paragraph 7#b7 under this subsection2 and 7,b7 credit the value of the contributed materials and services toward the cost of carrying out a review or revision of operational documents under this section4 7g7 ,protection of existing rights ,the ,secretary shall not issue an updated flood control rule curve or operations manual under subsection 7e7 that-- 7#a7 interferes with an authorized purpose of the project or the existing purposes of a non-,federal project regulated for flood control by the ,secretary2 7#b7 reduces the ability to meet contractual rights to water or storage at the reservoir2 7#c7 adversely impacts legal rights to water under ,state law2 7#d7 fails to address appropriate credit for the appropriate power marketing agency1 if applicable2 or 7#e7 if a project is subject to section #cja7;e7 of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7e771 makes modifications to the project that do not meet the requirements of that section1 unless the modification is submitted to and authorized by ,congress4 7h7 ,effect of section ,nothing in this section-- 7#a7 authorizes the ,secretary to take any action not otherwise authorized as of the date of enactment of this ,act2 7#b7 affects or modifies any obligation of the ,secretary under ,federal or ,state law2 or 7#c7 affects or modifies any other authority of the ,secretary to review or modify reservoir operations4 #ajdi4 ,written agreement requirement for water resources projects ,section #bba7;a77#c7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#c77 is amended by striking ,state legislature1 the agreement may reflect and inserting ,state legislature1 on the request of the ,state1 body politic1 or entity1 the agreement shall reflect4 #ajej4 ,maximum cost of projects ,section #ijb of the ,water ,resources ,development of #aihf 7#cc ,u4,s4,c4 #bbhj7 is amended-- 7#a7 in subsection 7a77#b77;,a71 by striking indexes and inserting indexes1 including actual appreciation in relevant real estate markets2 and 7#b7 in subsection 7b7-- 7,a7 by striking ,notwithstanding subsection 7a71 in accordance with section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h7 and inserting the following3 7#a7 ,in general ,notwithstanding subsection 7a7 2 7,b7 in paragraph 7#a7 7as so designated7-- 7i7 by striking funds the first place it appears and inserting funds1 in-kind contributions1 and land1 easements1 and right-of-way1 relocations1 and dredged material disposal areas2 and 7ii7 by striking such funds each place it appears and inserting the contributions2 and 7,c7 by adding at the end the following3 7#b7 ,limitation ,funds1 in-kind contributions1 and land1 easements1 and right-of-way1 relocations1 and dredged material disposal areas provided under this subsection are not eligible for credit or repayment and shall not be included in calculating the total cost of the project4 4 #ajea4 ,conversion of surplus water agreements ,section #f of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gjh71 is amended-- 7#a7 by striking ,sec4 #f4 ,that the ,secretary and inserting the following3 #f4 ,sale of surplus waters for domestic and industrial uses 7a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7b7 ,continuation of certain water supply agreements ,in any case in which a water supply agreement was predicated on water that was surplus to a purpose and provided for contingent permanent storage rights under section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7 pending the need for storage for that purpose1 and that purpose is no longer authorized1 the ,secretary of the ,army shall continue the agreement with the same payment and all other terms as in effect prior to deauthorization of the purpose if the non-,federal entity has met all of the conditions of the agreement4 7c7 ,permanent storage agreements ,in any case in which a water supply agreement with a duration of #cj 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 used1 and that purpose is no longer authorized1 the ,secretary of the ,army shall provide to the non-,federal entity an opportunity to convert the agreement to a permanent storage agreement in accordance with section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b71 with the same payment terms incorporated in the agreement4 4 #ajeb4 ,authorized funding for interagency and international support ,section #bcd7;d77#a7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbc;a7d77#a77 is amended by striking #a1jjj1jjj and inserting #e1jjj1jjj4 #ajec4 ,surplus water storage 7a7 ,in general ,the ,secretary shall not charge a fee for surplus water under a contract entered into pursuant to section #f of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gjh7 7commonly known as the ,flood ,control ,act of #aidd7 if the contract is for surplus water stored in the ,lake ,cumberland ,watershed1 ,kentucky and ,tennessee4 7b7 ,termination ,the limitation under subsection 7a7 shall expire on the date that is #b years after the date of enactment of this ,act4 7c7 ,applicability ,nothing in this section-- 7#a7 affects the authority of the ,secretary under section #bfie of title #aj1 ,united ,states ,code1 to accept funds or to cover the administrative expenses relating to certain real property transactions2 7#b7 affects the application of section #f of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gjh7 7commonly known as the ,flood ,control ,act of #aidd7 or the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7 to surplus water stored outside of the ,lake ,cumberland ,watershed1 ,kentucky and ,tennessee2 or 7#c7 affects the authority of the ,secretary to accept funds under section #baf7;c7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcba;a74 #ajed4 ,,gao review and report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a review1 and submit to ,congress a report on the implementation and effectiveness of the projects carried out under section #bai of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhce74 ,,ii ,navigation #bjja4 ,projects funded by the ,inland ,waterways ,trust ,fund ,beginning on ,june #aj1 #bjad1 and ending on the date that is #ae years after the date of enactment of this ,act1 section #ajja7;b77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a7b77#b77 shall not apply to any project authorized to receive funding from the ,inland ,waterways ,trust ,fund established by section #iejf7;a7 of the ,internal ,revenue ,code of #aihf4 #bjjb4 ,operation and maintenance of fuel-taxed inland waterways ,section #ajb7;c7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbab7;c77 is amended by adding at the end the following3 7#c7 ,credit or reimbursement ,the ,federal share of operation and maintenance carried out by a non-,federal interest under this subsection after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad shall be eligible for reimbursement or for credit toward-- 7,a7 the non-,federal share of future operation and maintenance under this subsection2 or 7,b7 any measure carried out by the ,secretary under section #cjag7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #ccjc;a note2 ,public ,law #aac-aba74 4 #bjjc4 ,funding for harbor maintenance programs ,section #baja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;b7 is amended-- 7#a7 in subsection 7b77#a71 in the matter preceding subparagraph 7,a71 by striking ,the target total and inserting ,except as provided in subsection 7c71 the target total2 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,exception ,if the target total budget resources for a fiscal year described in subparagraphs 7,a7 through 7,j7 of subsection 7b77#a7 is lower than the target total budget resources for the previous fiscal year1 then the target total budget resources shall be adjusted to be equal to the lesser of-- 7#a7 #ajc percent of the total budget resources appropriated for the previous fiscal year2 or 7#b7 #ajj percent of the total amount of harbor maintenance taxes received in the previous fiscal year4 4 #bjjd4 ,dredged material disposal ,disposal of dredged material shall not be considered environmentally acceptable for the purposes of identifying the ,federal standard 7as defined in section #cce4g of title #cc1 ,code of ,federal ,regulations 7or successor regulations77 if the disposal violates applicable ,state water quality standards approved by the ,administrator of the ,environmental ,protection ,agency under section #cjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac74 #bjje4 ,cape ,arundel disposal site1 ,maine 7a7 ,deadline ,the ,cape ,arundel ,disposal ,site selected by the ,department of the ,army as an alternative dredged material disposal site under section #ajc7;b7 of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adac7;b77 and reopened pursuant to section #aac of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjad 7,public ,law #aac-gf2 #abh ,stat4 #aeh7 7referred to in this section as the #8#8,site''7 may remain open until the earlier of-- 7#a7 the date on which the ,site does not have any remaining disposal capacity2 7#b7 the date on which an environmental impact statement designating an alternative dredged material disposal site for southern ,maine has been completed2 or 7#c7 the date that is #e years after the date of enactment of this ,act4 7b7 ,limitations ,the use of the ,site as a dredged material disposal site under subsection 7a7 shall be subject to the conditions that-- 7#a7 conditions at the ,site remain suitable for the continued use of the ,site as a dredged material disposal site2 and 7#b7 the ,site not be used for the disposal of more than #hj1jjj cubic yards from any single dredging project4 #bjjf4 ,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 harbors4 #bjjg4 ,aids to navigation 7a7 ,in general ,the ,secretary shall-- 7#a7 consult with the ,commandant of the ,coast ,guard regarding navigation on the ,ouachita-,black ,rivers2 and 7#b7 share information regarding the assistance that the ,secretary can provide regarding the placement of any aids to navigation on the rivers referred to in paragraph 7#a74 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 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 outcome of the consultation under subsection 7a74 #bjjh4 ,beneficial use of dredged material ,section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7 is amended by adding at the end the following3 7#a7 in subsection 7a77#a7-- 7,a7 by striking ,for sediment and inserting the following3 7,a7 ,in general ,for sediment 2 and 7,b7 by adding at the end the following3 7,b7 ,sediment from other ,federal sources and non-federal sources ,for purposes of projects carried out under this section1 the ,secretary may include sediment from other ,federal sources and non-,federal sources1 subject to the requirement that any sediment obtained from a non-,federal source shall not be obtained at ,federal expense4 2 and 7#b7 in subsection 7d71 by adding at the end the following3 7#c7 ,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 maintenance4 7#d7 ,disposal at non-,federal cost ,the ,secretary may accept funds from a non-,federal interest to dispose of dredged material as provided under section #ajc7;d77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7;d77#a774 4 #bjji4 ,operation and maintenance of harbor projects ,section #baj7;c77#c7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;c77#c77 is amended by striking for each of fiscal years #bjae through #bjbb and inserting for each fiscal year4 #bjaj4 ,additional measures at donor ports and energy transfer ports ,section #bajf of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#c7 through 7#g71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,discretionary cargo ,the term discretionary cargo means maritime cargo that is destined for inland locations and that can be economically shipped through multiple seaports located in different countries or regions4 2 7,c7 in paragraph 7#c7 7as redesignated7-- 7i7 by redesignating subparagraphs 7,a7 through 7,d7 as clause 7i7 through 7iv71 respectively1 and indenting appropriately2 7ii7 in the matter preceding clause 7i7 7as redesignated71 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7iii7 by adding at the end the following3 7,b7 ,calculation ,for the purpose of calculating the percentage described in subparagraph 7,a77iii71 payments described under subsection 7c77#a7 shall not be included4 2 7,d7 in paragraph 7#e77;,a7 7as redesignated71 by striking ,code of ,federal ,regulation and inserting ,code of ,federal ,regulations2 and 7,e7 by adding at the end the following3 7#h7 ,medium-sized donor port ,the term medium-sized donor port means a port-- 7,a7 that is subject to the harbor maintenance fee under section #bd4bd of title #ai1 ,code of ,federal ,regulations 7or a successor regulation72 7,b7 at which the total amount of harbor maintenance taxes collected comprise annually more than #e1jjj1jjj but less than #ae1jjj1jjj of the total funding of the ,harbor ,maintenance ,trust ,fund established under section #ieje of the ,internal ,revenue ,code of #aihf2 7,c7 that received less than #be percent of the total amount of harbor maintenance taxes collected at that port in the previous #e fiscal years2 and 7,d7 that is located in a ,state in which more than #b1jjj1jjj cargo containers were unloaded from or loaded onto vessels in fiscal year #bjab4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking donor ports and inserting donor ports1 medium-sized donor ports12 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking and at the end2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 shall be made available to a port as either a donor port1 medium-sized donor port1 or an energy transfer port1 and no port may receive amounts from more than #a designation2 and 7,c7 for donor ports and medium-sized donor ports-- 7i7 #ej percent of the funds shall be equally divided between the eligible donor ports as authorized by this section2 and 7ii7 #ej percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total ,harbor ,maintenance ,tax revenues generated at each eligible donor port and medium-sized donor port4 2 7#c7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking donor port and inserting donor port1 a medium-sized donor port12 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,administration of payments 7#a7 ,in general ,if a donor port1 a medium-sized donor port1 or an energy transfer port elects to provide payments to importers or shippers under subsection 7c71 the ,secretary shall transfer to the ,commissioner of ,customs and ,border ,protection the amount that would otherwise be provided to the port under this section that is equal to those payments to provide the payments to the importers or shippers of the discretionary cargo that is-- 7,a7 shipped through respective eligible ports2 and 7,b7 most at risk of diversion to seaports outside of the ,united ,states4 7#b7 ,requirement ,the ,secretary1 in consultation with the eligible port1 shall limit payments to top importers or shippers through an eligible port1 as ranked by value of discretionary cargo4 2 and 7#e7 in subsection 7f7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,if the total amounts made available from the ,harbor ,maintenance ,trust ,fund exceed the total amounts made available from the ,harbor ,maintenance ,trust ,fund in fiscal year #bjab1 there is authorized to be appropriated to carry out this section #ej1jjj1jjj from the ,harbor ,maintenance ,trust ,fund4 2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,division between donor ports1 medium-sized donor ports1 and energy transfer ports ,for each fiscal year1 amounts made available to carry out this section shall be provided in equal amounts to-- 7,a7 donor ports and medium-sized donor ports2 and 7,b7 energy transfer ports4 2 and 7,c7 by striking paragraph 7#c74 #bjaa4 ,harbor deepening 7a7 ,in general ,section #aja7;a77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;a77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking the date of enactment of this ,act and inserting the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #aaic72 7#b7 in subparagraph 7,b71 by striking #de feet and inserting #ej feet2 and 7#c7 in subparagraph 7,c71 by striking #de feet and inserting #ej feet4 7b7 ,definition of deep-draft harbor ,section #bad7a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbda7a77 is amended by striking #de feet and inserting #ej feet4 #bjab4 ,operations and maintenance of inland ,mississippi ,river ports 7a7 ,definitions ,in this section3 7#a7 ,inland ,mississippi ,river ,the term inland ,mississippi ,river means the portion of the ,mississippi ,river that begins at the confluence of the ,minnesota ,river and ends at the confluence of the ,red ,river4 7#b7 ,shallow draft ,the term shallow draft means a project that has a depth of less than #ad feet4 7b7 ,dredging activities ,the ,secretary shall carry out dredging activities on shallow draft ports located on the inland ,mississippi ,river to the respective authorized widths and depths of those inland ports1 as authorized on the date of enactment of this ,act4 7c7 ,authorization of appropriations ,for each fiscal year1 there is authorized to be appropriated to the ,secretary to carry out this section #be1jjj1jjj4 #bjac4 ,implementation guidance ,section #bajb of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #abgc7 is amended by adding at the end the following3 7d7 ,guidance ,not later than #ij days after the date of enactment of the ,water ,resources ,development ,act of #bjaf 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 section4 4 #bjad4 ,remote and subsistence harbors ,section #bjjf of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bbdb7 is amended-- 7#a7 in subsection 7a77#c71 by inserting in which the project is located or of a community that is located in the region that is served by the project and that will rely on the project after community2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting or of a community that is located in the region to be served by the project and that will rely on the project after community2 7,b7 in paragraph 7#d71 by striking local population and inserting regional population to be served by the project2 and 7,c7 in paragraph 7#e71 by striking community and inserting local community or to a community that is located in the region to be served by the project and that will rely on the project4 #bjae4 ,non-,federal interest dredging authority 7a7 ,in general ,the ,secretary may permit a non-,federal interest to carry out1 for an authorized navigation project 7or a separable element of an authorized navigation project71 such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions4 7b7 ,cost limitations ,except as provided in this section and subject to the availability of appropriations1 the costs incurred by a non-,federal interest in performing the maintenance activities described in subsection 7a7 shall be eligible for reimbursement1 not to exceed an amount that is equal to the estimated ,federal cost for the performance of the maintenance activities4 7c7 ,agreement ,before initiating maintenance activities under this section1 the non-,federal interest shall enter into an agreement with the ,secretary that specifies1 for the performance of the maintenance activities1 the terms and conditions that are acceptable to the non-,federal interest and the ,secretary4 7d7 ,provision of equipment ,in carrying out maintenance activities under this section1 a non-,federal interest shall-- 7#a7 provide equipment at no cost to the ,federal ,government2 and 7#b7 hold and save the ,united ,states free from any and all damage that arises from the use of the equipment of the non-,federal interest1 except for damage due to the fault or negligence of a contractor of the ,federal ,government4 7e7 ,reimbursement eligibility limitations ,costs that are eligible for reimbursement under this section are those costs directly related to the costs associated with operation and maintenance of the dredge based on the lesser of the period of time for which-- 7#a7 the dredge is being used in the performance of work for the ,federal ,government during a given fiscal year2 and 7#b7 the actual fiscal year ,federal appropriations identified for that portion of maintenance dredging that are made available4 7f7 ,audit ,not earlier than #e years after the date of enactment of this ,act1 the ,secretary may conduct an audit on any maintenance activities for an authorized navigation project 7or a separable element of an authorized navigation project7 carried out under this section to determine if permitting a non-,federal interest to carry out maintenance activities under this section has resulted in-- 7#a7 improved reliability and safety for navigation2 and 7#b7 cost savings to the ,federal ,government4 7g7 ,termination of authority ,the authority of the ,secretary under this section terminates on the date that is #aj years after the date of enactment of this ,act4 #bjaf4 ,transportation cost savings ,section #baj7;e77#c7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;e77#c77 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,additional requirement ,for the first report following the date of enactment of the ,water ,resources ,development ,act of #bjaf1 in the report submitted under subparagraph 7,a71 the ,secretary shall identify1 to the maximum extent practicable1 transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors referred to in subsection 7a77#b71 on a project-by-project basis4 4 #bjag4 ,dredged material 7a7 ,in general ,notwithstanding part #cce of title #cc1 ,code of ,federal ,regulations1 the ,secretary may place dredged material from the operation and maintenance of an authorized ,federal water resources project at another authorized water resource project if the ,secretary determines that-- 7#a7 the placement of the dredged material would-- 7,a7 7i7 enhance protection from flooding caused by storm surges or sea level rise2 or 7ii7 significantly contribute to shoreline resiliency1 including the resilience and restoration of wetland2 and 7,b7 be in the public interest2 and 7#b7 the cost associated with the placement of the dredged material is reasonable in relation to the associated environmental1 flood protection1 and resiliency benefits4 7b7 ,additional costs ,if the cost of placing the dredged material at another authorized water resource project exceeds the cost of depositing the dredged material in accordance with the ,federal standard 7as defined in section #cce4g of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act771 the ,secretary shall not require a non-,federal entity to bear any of the increased costs associated with the placement of the dredged material4 #bjah4 ,great ,lakes ,navigation ,system ,section #baj7;d77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;d77#a77 is amended-- 7#a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking ,for each of fiscal years #bjae through #bjbd and inserting ,for each fiscal year2 and 7#b7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking ,for each of fiscal years #bjae through #bjbd and inserting ,for each fiscal year4 #bjai4 ,harbor ,maintenance ,trust ,fund ,the ,secretary shall allocate funding made available to the ,secretary from the ,harbor ,maintenance ,trust ,fund1 established under section #ieje of the ,internal ,revenue ,code of #aihf1 in accordance with section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch74 ,,iii ,safety improvements #cjja4 ,rehabilitation assistance for non-,federal flood control projects 7a7 ,in general ,section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan71 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,definition of nonstructural alternatives ,in this subsection1 nonstructural alternatives includes efforts to restore or protect natural resources including streams1 rivers1 floodplains1 wetlands1 or coasts1 if those efforts will reduce flood risk4 2 and 7#b7 by adding at the end the following3 7d7 ,increased level of protection ,in conducting repair or restoration work under subsection 7a71 at the request of the non-,federal sponsor1 the ,secretary may increase the level of protection above the level to which the system was designed1 or1 if the repair and rehabilitation includes repair or rehabilitation of a pumping station1 will increase the capacity of a pump1 if-- 7#a7 the ,chief of ,engineers determines the improvements are in the public interest1 including consideration of whether-- 7,a7 the authority under this section has been used more than once at the same location2 7,b7 there is an opportunity to decrease significantly the risk of loss of life and property damage2 or 7,c7 there is an opportunity to decrease total life cycle rehabilitation costs for the project2 and 7#b7 the non-,federal sponsor agrees to pay the difference between the cost of repair1 restoration1 or rehabilitation 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 sponsor4 7e7 ,notice ,the ,secretary shall notify the non-,federal sponsor of the opportunity to request implementation of nonstructural alternatives to the repair or restoration of the flood control work under subsection 7a74 4 7b7 ,projects in coordination with certain rehabilitation requirements 7#a7 ,in general ,in any case in which the ,secretary has completed a study determining a project for flood damage reduction is feasible and such project is designed to protect the same geographic area as work to be performed under section #e7;c7 of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7c771 the ,secretary may1 if the ,secretary determines that the action is in the public interest1 carry out such project with the work being performed under section #e7;c7 of that ,act1 subject to the limitations in paragraph 7#b74 7#b7 ,cost-sharing ,the cost to carry out a project under paragraph 7#a7 shall be shared in accordance with section #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac74 #cjjb4 ,rehabilitation of existing levees ,section #cjag of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #ccjc;a note2 ,public ,law #aac-aba7 is amended-- 7#a7 in subsection 7a71 by striking if the ,secretary determines the necessary work is technically feasible1 environmentally acceptable1 and economically justified2 7#b7 in subsection 7b7-- 7,a7 by striking ,this section and inserting the following3 7#a7 ,in general ,this section 2 and 7,b7 by adding at the end the following3 7#b7 ,requirement ,a measure carried out under subsection 7a7 shall be implemented in the same manner as the repair or restoration of a flood control work pursuant to section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan74 2 7#c7 in subsection 7c77#a71 by striking ,the non-,federal and inserting ,notwithstanding subsection 7b77#b71 the non-,federal2 and 7#d7 by adding at the end the following3 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #abe1jjj1jjj4 4 #cjjc4 ,maintenance of high risk flood control projects ,in any case in which the ,secretary has assumed1 as of the date of enactment of this ,act1 responsibility for the maintenance of a project classified as class ,,iii under the ,dam ,safety ,action ,classification of the ,corps of ,engineers1 the ,secretary shall continue to be responsible for the maintenance until the earlier of the date that-- 7#a7 the project is modified to reduce that risk and the ,secretary determines that the project is no longer classified as class ,,iii under the ,dam ,safety ,action ,classification of the ,corps of ,engineers2 or 7#b7 is #ae years after the date of enactment of this ,act4 #cjjd4 ,rehabilitation of high hazard potential dams 7a7 ,definitions ,section #b of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg7 is amended-- 7#a7 by redesignating paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#e71 7#f71 7#g71 7#h71 7#i71 7#aa71 7#ac71 7#ad71 7#ae71 and 7#af71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,eligible high hazard potential dam 7,a7 ,in general ,the term eligible high hazard potential dam means a non-,federal dam that-- 7i7 is located in a ,state with a ,state dam safety program2 7ii7 is classified as high hazard potential by the ,state dam safety agency in the ,state in which the dam is located2 7iii7 has an emergency action plan approved by the relevant ,state dam safety agency2 and 7iv7 the ,state in which the dam is located determines-- 7,i7 fails to meet minimum dam safety standards of the ,state2 and 7,,ii7 poses an unacceptable risk to the public4 7,b7 ,exclusion ,the term eligible high hazard potential dam does not include-- 7i7 a licensed hydroelectric dam2 or 7ii7 a dam built under the authority of the ,secretary of ,agriculture4 2 7#c7 by inserting after paragraph 7#i7 7as redesignated by paragraph 7#a77 the following3 7#aj7 ,non-,federal sponsor ,the term non-,federal sponsor1 in the case of a project receiving assistance under section #h;,a1 includes-- 7,a7 a governmental organization2 and 7,b7 a nonprofit organization4 and 7#d7 by inserting after paragraph 7#aa7 7as redesignated by paragraph 7#a77 the following3 7#ab7 ,rehabilitation ,the term rehabilitation means the repair1 replacement1 reconstruction1 or removal of a dam that is carried out to meet applicable ,state dam safety and security standards4 4 7b7 ,program for rehabilitation of high hazard potential dams ,the ,national ,dam ,safety ,program ,act is amended by inserting after section #h 7#cc ,u4,s4,c4 #dfg;f7 the following3 #h;,a4 ,rehabilitation of high hazard potential dams 7a7 ,establishment of program ,the ,administrator shall establish1 within ,,fema1 a program to provide technical1 planning1 design1 and construction assistance in the form of grants to non-,federal sponsors for rehabilitation of eligible high hazard potential dams4 7b7 ,eligible activities ,a grant awarded under this section for a project may be used for-- 7#a7 repair2 7#b7 removal2 or 7#c7 any other structural or nonstructural measures to rehabilitate a high hazard potential dam4 7c7 ,award of grants 7#a7 ,application 7,a7 ,in general ,a non-,federal sponsor interested in receiving a grant under this section may submit to the ,administrator an application for the grant4 7,b7 ,requirements ,an application submitted to the ,administrator under this section shall be submitted at such time1 be in such form1 and contain such information as the ,administrator may prescribe by regulation pursuant to section #cjjd7;c7 of the ,water ,resources ,development ,act of #bjaf4 7#b7 ,grant 7,a7 ,in general ,the ,administrator may make a grant in accordance with this section for rehabilitation of a high hazard potential dam to a non-,federal sponsor that submits an application for the grant in accordance with the regulations prescribed by the ,administrator4 7,b7 ,project grant agreement ,the ,administrator shall enter into a project grant agreement with the non-,federal sponsor to establish the terms of the grant and the project1 including the amount of the grant4 7,c7 ,grant assurance ,as part of a project grant agreement under subparagraph 7,b71 the ,administrator shall require the non-,federal sponsor to provide an assurance1 with respect to the dam to be rehabilitated under the project1 that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam4 7,d7 ,limitation ,a grant provided under this section shall not exceed the lesser of-- 7i7 #ab4e percent of the total amount of funds made available to carry out this section2 or 7ii7 #g1ejj1jjj4 7d7 ,requirements 7#a7 ,approval ,a grant awarded under this section for a project shall be approved by the relevant ,state dam safety agency4 7#b7 ,non-,federal sponsor requirements ,to receive a grant under this section1 the non-,federal sponsor shall-- 7,a7 participate in1 and comply with1 all applicable ,federal flood insurance programs2 7,b7 have in place a hazard mitigation plan that-- 7i7 includes all dam risks2 and 7ii7 complies with the ,disaster ,mitigation ,act of #bjjj 7,public ,law #ajf-cij2 #aad ,stat4 #aeeb72 7,c7 commit to provide operation and maintenance of the project for the #ej-year period following completion of rehabilitation2 7,d7 comply with such minimum eligibility requirements as the ,administrator may establish to ensure that each owner and operator of a dam under a participating ,state dam safety program-- 7i7 acts in accordance with the ,state dam safety program2 and 7ii7 carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph 7,b72 and 7,e7 comply with section #faa7;j77#i7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaif7;j77#i77 7as in effect on the date of enactment of this section7 with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the ,administrator for emergency preparedness purposes4 7e7 ,floodplain management plans 7#a7 ,in general ,as a condition of receipt of assistance under this section1 the non-,federal entity shall demonstrate that a floodplain management plan to reduce the impacts of future flood events in the area protected by the project-- 7,a7 is in place2 or 7,b7 will be-- 7i7 developed not later than #a year after the date of execution of a project agreement for assistance under this section2 and 7ii7 implemented not later than #a year after the date of completion of construction of the project4 7#b7 ,inclusions ,a plan under paragraph 7#a7 shall address-- 7,a7 potential measures1 practices1 and policies to reduce loss of life1 injuries1 damage to property and facilities1 public expenditures1 and other adverse impacts of flooding in the area protected by the project2 7,b7 plans for flood fighting and evacuation2 and 7,c7 public education and awareness of flood risks4 7#c7 ,technical support ,the ,administrator may provide technical support for the development and implementation of floodplain management plans prepared under this subsection4 7f7 ,priority system ,the ,administrator1 in consultation with the ,board1 shall develop a risk-based priority system for use in identifying high hazard potential dams for which grants may be made under this section4 7g7 ,funding 7#a7 ,cost sharing 7,a7 ,in general ,any assistance provided under this section for a project shall be subject to a non-,federal cost-sharing requirement of not less than #ce percent4 7,b7 ,in-kind contributions ,the non-,federal share under subparagraph 7,a7 may be provided in the form of in-kind contributions4 7#b7 ,allocation of funds ,the total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows3 7,a7 ,equal distribution #a_/c shall be distributed equally among the ,states in which the projects for which applications are submitted under subsection 7c77#a7 are located4 7,b7 ,need-based #b_/c shall be distributed among the ,states in which the projects for which applications are submitted under subsection 7c77#a7 are located based on the proportion that-- 7i7 the number of eligible high hazard potential dams in the ,state2 bears to 7ii7 the number of eligible high hazard potential dams in all ,states in which projects for which applications are submitted under subsection 7c77#a74 7h7 ,use of funds ,none of the funds provided in the form of a grant or otherwise made available under this section shall be used-- 7#a7 to rehabilitate a ,federal dam2 7#b7 to perform routine operation or maintenance of a dam2 7#c7 to modify a dam to produce hydroelectric power2 7#d7 to increase water supply storage capacity2 or 7#e7 to make any other modification to a dam that does not also improve the safety of the dam4 7i7 ,contractual requirements 7#a7 ,in general ,subject to paragraph 7#b71 as a condition on the receipt of a grant under this section of an amount greater than #a1jjj1jjj1 a non-,federal sponsor that receives the grant shall require that each contract and subcontract for program management1 construction management1 planning studies1 feasibility studies1 architectural services1 preliminary engineering1 design1 engineering1 surveying1 mapping1 and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under-- 7,a7 chapter #aa of title #dj1 ,united ,states ,code2 or 7,b7 an equivalent qualifications-based requirement prescribed by the relevant ,state4 7#b7 ,no proprietary interest ,a contract awarded in accordance with paragraph 7#a7 shall not be considered to confer a proprietary interest upon the ,united ,states4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #aj1jjj1jjj for fiscal years #bjag and #bjah2 7#b7 #be1jjj1jjj for fiscal year #bjai2 7#c7 #dj1jjj1jjj for fiscal year #bjbj2 and 7#d7 #fj1jjj1jjj for each of fiscal years #bjba through #bjbf4 4 7c7 ,rulemaking 7#a7 ,proposed rulemaking ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall issue a notice of proposed rulemaking regarding applications for grants of assistance under the amendments made by subsection 7b7 to the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg et seq474 7#b7 ,final rule ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall promulgate a final rule regarding the amendments described in paragraph 7#a74 #cjje4 ,expedited completion of authorized projects for flood damage reduction ,the ,secretary shall expedite the completion of the following projects for flood damage reduction and flood risk management3 7#a7 ,chicagoland ,underflow ,plan1 ,illinois1 phase #b1 as authorized by section #c7;a77#e7 of the ,water ,resources ,development ,act of #aihh 7,public ,law #ajj-fgf2 #ajb ,stat4 #djac7 and modified by section #cai of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cgae7 and section #eja of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #ccd74 7#b7 ,cedar ,river1 ,cedar ,rapids1 ,iowa1 as authorized by section #gjjb7b77c7 of the ,water ,resources ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acff74 7#c7 ,comite ,river1 ,louisiana1 authorized as part of the project for flood control1 ,amite ,river and ,tributaries1 ,louisiana1 by section #aja7aa7 of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhjb7 and modified by section #cja7;b77#e7 of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-jc2 #aaj ,stat4 #cgji7 and section #cga of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cba74 7#d7 ,amite ,river and ,tributaries1 ,louisiana1 ,east ,baton ,rouge ,parish ,watershed1 as authorized by section #aja7;a77#ba7 of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #bgg7 and modified by section #aaf of division ,d of ,public ,law #ajh-g 7#aag ,stat4 #adj7 and section #cjgd of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aabd74 #cjjf4 ,cumberland ,river ,basin ,dam repairs 7a7 ,in general ,costs incurred in carrying out any repair to correct a seepage problem at any dam in the ,cumberland ,river ,basin shall be-- 7#a7 treated as costs for a dam safety project2 and 7#b7 subject to cost-sharing requirements in accordance with section #abjc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #dfgn74 7b7 ,application ,subsection 7a7 shall apply only to repairs for projects for which construction has not begun and appropriations have not been made as of the date of enactment of this ,act4 #cjjg4 ,indian dam safety 7a7 ,definitions ,in this section3 7#a7 ,dam 7,a7 ,in general ,the term dam has the meaning given the term in section #b of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg74 7,b7 ,inclusions ,the term dam includes any structure1 facility1 equipment1 or vehicle used in connection with the operation of a dam4 7#b7 ,fund ,the term ,fund means1 as applicable-- 7,a7 the ,high-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund established by subsection 7b77#a77;,a72 or 7,b7 the ,low-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund established by subsection 7b77#b77;,a74 7#c7 ,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 ,safety3 ,hazard ,potential ,classification ,system for ,dams 7,,fema ,publication ,number #ccc74 7#d7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,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 ,safety3 ,hazard ,potential ,classification ,system for ,dams 7,,fema ,publication ,number #ccc74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 in consultation with the ,secretary of the ,army4 7b7 ,indian ,dam ,safety ,deferred ,maintenance ,funds 7#a7 ,high-,hazard ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,high-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 consisting of-- 7i7 such amounts as are deposited in the ,fund under subparagraph 7,b72 and 7ii7 any interest earned on investment of amounts in the ,fund under subparagraph 7,d74 7,b7 ,deposits to ,fund 7i7 ,in general ,for each of fiscal years #bjag through #bjcg1 the ,secretary of the ,treasury shall deposit in the ,fund #bb1gej1jjj from the general fund of the ,treasury4 7ii7 ,availability of amounts ,amounts deposited in the ,fund under clause 7i7 shall be used1 subject to appropriation1 to carry out this section4 7,c7 ,expenditures from ,fund 7i7 ,in general ,subject to clause 7ii71 for each of fiscal years #bjag through #bjcg1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this section1 not more than the sum of-- 7,i7 #bb1gej1jjj2 and 7,,ii7 the amount of interest accrued in the ,fund4 7ii7 ,additional expenditures ,the ,secretary may expend more than #bb1gej1jjj for any fiscal year referred to in clause 7i7 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 7i7 in #a or more prior fiscal years4 7,d7 ,investments of amounts 7i7 ,in general ,the ,secretary of the ,treasury shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7ii7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 7,e7 ,transfers of amounts 7i7 ,in general ,the amounts required to be transferred to the ,fund under this paragraph shall be transferred at least monthly4 7ii7 ,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 transferred4 7,f7 ,termination ,on ,september #cj1 #bjcg-- 7i7 the ,fund shall terminate2 and 7ii7 the unexpended and unobligated balance of the ,fund shall be transferred to the general fund of the ,treasury4 7#b7 ,low-,hazard ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,low-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 consisting of-- 7i7 such amounts as are deposited in the ,fund under subparagraph 7,b72 and 7ii7 any interest earned on investment of amounts in the ,fund under subparagraph 7,d74 7,b7 ,deposits to ,fund 7i7 ,in general ,for each of fiscal years #bjag through #bjcg1 the ,secretary of the ,treasury shall deposit in the ,fund #aj1jjj1jjj from the general fund of the ,treasury4 7ii7 ,availability of amounts ,amounts deposited in the ,fund under clause 7i7 shall be used1 subject to appropriation1 to carry out this section4 7,c7 ,expenditures from ,fund 7i7 ,in general ,subject to clause 7ii71 for each of fiscal years #bjag through #bjcg1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this section1 not more than the sum of-- 7,i7 #aj1jjj1jjj2 and 7,,ii7 the amount of interest accrued in the ,fund4 7ii7 ,additional expenditures ,the ,secretary may expend more than #aj1jjj1jjj for any fiscal year referred to in clause 7i7 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 7i7 in #a or more prior fiscal years4 7,d7 ,investments of amounts 7i7 ,in general ,the ,secretary of the ,treasury shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7ii7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 7,e7 ,transfers of amounts 7i7 ,in general ,the amounts required to be transferred to the ,fund under this paragraph shall be transferred at least monthly4 7ii7 ,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 transferred4 7,f7 ,termination ,on ,september #cj1 #bjcg-- 7i7 the ,fund shall terminate2 and 7ii7 the unexpended and unobligated balance of the ,fund shall be transferred to the general fund of the ,treasury4 7c7 ,repair1 replacement1 and maintenance of certain ,indian dams 7#a7 ,program establishment 7,a7 ,in general ,the ,secretary shall establish a program to address the deferred maintenance needs of ,indian dams that-- 7i7 create flood risks or other risks to public or employee safety or natural or cultural resources2 and 7ii7 unduly impede the management and efficiency of ,indian dams4 7,b7 ,funding 7i7 ,high-hazard fund ,consistent with subsection 7b77#a77;,b71 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #bb1gej1jjj of amounts in the ,high-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 plus accrued interest1 for each of fiscal years #bjag through #bjcg to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian dams described in paragraph 7#b77;,a74 7ii7 ,low-hazard fund ,consistent with subsection 7b77#b77;,b71 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #aj1jjj1jjj of amounts in the ,low-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 plus accrued interest1 for each of fiscal years #bjag through #bjcg to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian dams described in paragraph 7#b77;,b74 7,c7 ,compliance with dam safety policies ,maintenance1 repair1 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 #aiid 7#be ,u4,s4,c4 #chja et seq474 7#b7 ,eligible dams 7,a7 ,high hazard potential dams ,the dams eligible for funding under paragraph 7#a77;,b77i7 are ,indian high hazard potential dams in the ,united ,states that-- 7i7 are included in the safety of dams program established pursuant to the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq472 and 7ii7 7,i7 7aa7 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 and 7bb7 are managed by the ,bureau of ,indian ,affairs 7including dams managed under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq4772 or 7,,ii7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 7,b7 ,low hazard potential dams ,the dams eligible for funding under paragraph 7#a77;,b77ii7 are ,indian low hazard potential dams in the ,united ,states that1 on the date of enactment of this ,act-- 7i7 are covered under the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq472 and 7ii7 7,i7 7aa7 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 and 7bb7 are managed by the ,bureau of ,indian ,affairs 7including dams managed under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq4772 or 7,,ii7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 7#c7 ,requirements and conditions ,not later than #abj days after the date of enactment of this ,act and as a precondition to amounts being expended from the ,fund to carry out this subsection1 the ,secretary1 in consultation with representatives of affected ,indian tribes1 shall develop and submit to ,congress-- 7,a7 programmatic goals to carry out this subsection that-- 7i7 would enable the completion of repairing1 replacing1 improving1 or performing maintenance on ,indian dams as expeditiously as practicable1 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 #aiid 7#be ,u4,s4,c4 #chja et seq472 7ii7 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 dam2 and 7iii7 ensure that the results of government-to-government consultation required under paragraph 7#d7 be addressed2 and 7,b7 funding prioritization criteria to serve as a methodology for distributing funds under this subsection that take into account-- 7i7 the extent to which deferred maintenance of ,indian dams poses a threat to-- 7,i7 public or employee safety or health2 7,,ii7 natural or cultural resources2 or 7,,iii7 the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating an ,indian dam2 7ii7 the extent to which repairing1 replacing1 improving1 or performing maintenance on an ,indian dam will-- 7,i7 improve public or employee safety1 health1 or accessibility2 7,,ii7 assist in compliance with codes1 standards1 laws1 or other requirements2 7,,iii7 address unmet needs2 or 7,,iv7 assist in protecting natural or cultural resources2 7iii7 the methodology of the rehabilitation priority index of the ,secretary1 as in effect on the date of enactment of this ,act2 7iv7 the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities2 7v7 the ability of an ,indian dam to address tribal1 regional1 and watershed level flood prevention needs2 7vi7 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 #aiid 7#be ,u4,s4,c4 #chja et seq472 7vii7 the ability of the water storage capacity of an ,indian dam to be increased to prevent flooding in downstream tribal and nontribal communities2 and 7viii7 such other factors as the ,secretary determines to be appropriate to prioritize the use of available funds that are1 to the fullest extent practicable1 consistent with tribal and user recommendations received pursuant to the consultation and input process under paragraph 7#d74 7#d7 ,tribal consultation and user input 7,a7 ,in general ,except as provided in subparagraph 7,b71 before expending funds on an ,indian dam pursuant to paragraph 7#a7 and not later than #fj days after the date of enactment of this ,act1 the ,secretary shall-- 7i7 consult with the ,director of the ,bureau of ,indian ,affairs on the expenditure of funds2 7ii7 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 7#b7 is located on the expenditure of funds2 and 7iii7 solicit and consider the input1 comments1 and recommendations of the landowners served by the ,indian dam4 7,b7 ,emergencies ,if the ,secretary determines that an emergency circumstance exists with respect to an ,indian dam1 subparagraph 7,a7 shall not apply with respect to that ,indian dam4 7#e7 ,allocation among dams 7,a7 ,in general ,subject to subparagraph 7,b71 to the maximum extent practicable1 the ,secretary shall ensure that1 for each of fiscal years #bjag through #bjcg1 each ,indian dam eligible for funding under paragraph 7#b7 that has critical maintenance needs receives part of the funding under paragraph 7#a7 to address critical maintenance needs4 7,b7 ,priority ,in allocating amounts under paragraph 7#a77;,b71 in addition to considering the funding priorities described in paragraph 7#c71 the ,secretary shall give priority to ,indian dams eligible for funding under paragraph 7#b7 that serve-- 7i7 more than #a ,indian tribe within an ,indian reservation2 or 7ii7 highly populated ,indian communities1 as determined by the ,secretary4 7,c7 ,cap on ,funding 7i7 ,in general ,subject to clause 7ii71 in allocating amounts under paragraph 7#a77;,b71 the ,secretary shall allocate not more than #aj1jjj1jjj to any individual dam described in paragraph 7#b7 during any consecutive #c-year period4 7ii7 ,exception ,notwithstanding the cap described in clause 7i71 if the full amount under paragraph 7#a77;,b7 cannot be fully allocated to eligible ,indian dams because the costs of the remaining activities authorized in paragraph 7#a77;,b7 of an ,indian dam would exceed the cap described in clause 7i71 the ,secretary may allocate the remaining funds to eligible ,indian dams in accordance with this subsection4 7,d7 ,basis of funding ,any amounts made available under this paragraph shall be nonreimbursable4 7,e7 ,applicability of ,,isdeaa ,the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 shall apply to activities carried out under this paragraph4 7d7 ,tribal ,safety of ,dams ,committee 7#a7 ,establishment of ,committee 7,a7 ,establishment ,the ,secretary of the ,interior shall establish within the ,bureau of ,indian ,affairs the ,tribal ,safety of ,dams ,committee 7referred to in this paragraph as the ,committee74 7,b7 ,membership 7i7 ,composition ,the ,committee shall be composed of #ae members1 of whom-- 7,i7 #aa shall be appointed by the ,secretary of the ,interior from among individuals who1 to the maximum extent practicable1 have knowledge and expertise in dam safety issues and flood prevention and mitigation1 of whom not less than #a shall be a member of an ,indian tribe in each of the ,bureau of ,indian ,affairs regions of-- 7aa7 the ,northwest ,region2 7bb7 the ,pacific ,region2 7cc7 the ,western ,region2 7dd7 the ,navajo ,region2 7ee7 the ,southwest ,region2 7ff7 the ,rocky ,mountain ,region2 7gg7 the ,great ,plans ,region2 and 7hh7 the ,midwest ,region2 7,,ii7 #b 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 mitigation2 7,,iii7 #a 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 mitigation2 and 7,,iv7 #a 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 mitigation4 7ii7 ,nonvoting members ,the members of the ,committee appointed under subclauses 7,,ii7 and 7,,iii7 of clause 7i7 shall be nonvoting members4 7iii7 ,date ,the appointments of the members of the ,committee shall be made as soon as practicable after the date of enactment of this ,act4 7,c7 ,period of appointment ,members shall be appointed for the life of the ,committee4 7,d7 ,vacancies ,any vacancy in the ,committee shall not affect the powers of the ,committee1 but shall be filled in the same manner as the original appointment4 7,e7 ,initial meeting ,not later than #cj days after the date on which all members of the ,committee have been appointed1 the ,committee shall hold the first meeting4 7,f7 ,meetings ,the ,committee shall meet at the call of the ,chairperson4 7,g7 ,quorum ,a majority of the members of the ,committee shall constitute a quorum1 but a lesser number of members may hold hearings4 7,h7 ,chairperson and ,vice ,chairperson ,the ,committee shall select a ,chairperson and ,vice ,chairperson from among the members4 7#b7 ,duties of the ,committee 7,a7 ,study ,the ,committee shall conduct a thorough study of all matters relating to the modernization of the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq474 7,b7 ,recommendations ,the ,committee shall develop recommendations for legislation to improve the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq474 7,c7 ,report ,not later than #a year after the date on which the ,committee holds the first meeting1 the ,committee shall submit a report containing a detailed statement of the findings and conclusions of the ,committee1 together with recommendations for legislation that the ,committee considers appropriate1 to-- 7i7 the ,committee on ,indian ,affairs of the ,senate2 and 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#c7 ,powers of the ,committee 7,a7 ,hearings ,the ,committee may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,committee considers appropriate to carry out this paragraph4 7,b7 ,information from federal agencies 7i7 ,in general ,the ,committee may secure directly from any ,federal department or agency such information as the ,committee considers necessary to carry out this paragraph4 7ii7 ,request ,on request of the ,chairperson of the ,committee1 the head of any ,federal department or agency shall furnish information described in clause 7i7 to the ,committee4 7,c7 ,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 ,government4 7,d7 ,gifts ,the ,committee may accept1 use1 and dispose of gifts or donations of services or property4 7#d7 ,committee personnel matters 7,a7 ,compensation of members 7i7 ,non-federal members ,each member of the ,committee who is not an officer or employee of the ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,committee4 7ii7 ,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 ,government4 7,b7 ,travel expenses ,the members of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,committee4 7,c7 ,staff 7i7 ,in general 7,i7 ,appointment ,the ,chairperson of the ,committee may1 without regard to the civil service laws and regulations1 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 ,committee4 7,,ii7 ,confirmation ,the employment of an executive director shall be subject to confirmation by the ,committee4 7ii7 ,compensation ,the ,chairperson of the ,committee may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of that title4 7,d7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,committee without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7,e7 ,procurement of temporary and intermittent services ,the ,chairperson of the ,committee may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of that title4 7#e7 ,termination of the ,committee ,the ,committee shall terminate #ij days after the date on which the ,committee submits the report under paragraph 7#b77;,c74 7#f7 ,funding ,of the amounts authorized to be expended from either ,fund1 #a1jjj1jjj shall be made available from either ,fund during fiscal year #bjag to carry out this subsection1 to remain available until expended4 7e7 ,indian dam surveys 7#a7 ,tribal reports ,the ,secretary shall request that1 not less frequently than once every #ahj days1 each ,indian tribe submit to the ,secretary a report providing an inventory of the dams located on the land of the ,indian tribe4 7#b7 ,,bia reports ,not less frequently than once each year1 the ,secretary shall submit to ,congress a report describing the condition of each dam under the partial or total jurisdiction of the ,secretary4 7f7 ,flood plain management pilot program 7#a7 ,establishment ,the ,secretary shall establish1 within the ,bureau of ,indian ,affairs1 a flood plain management pilot program 7referred to in this subsection as the program7 to provide1 at the request of an ,indian tribe1 guidance to the ,indian tribe relating to best practices for the mitigation and prevention of floods1 including consultation with the ,indian tribe on-- 7,a7 flood plain mapping2 or 7,b7 new construction planning4 7#b7 ,termination ,the program shall terminate on the date that is #d years after the date of enactment of this ,act4 7#c7 ,funding ,of the amounts authorized to be expended from either ,fund1 #bej1jjj shall be made available from either ,fund during each of fiscal years #bjag1 #bjah1 and #bjai to carry out this subsection1 to remain available until expended4 #cjjh4 ,rehabilitation of ,corps of ,engineers constructed flood control dams 7a7 ,in general ,if the ,secretary determines that the project is feasible1 the ,secretary may carry out a project for the rehabilitation of a dam described in subsection 7b74 7b7 ,eligible dams ,a dam eligible for assistance under this section is a dam-- 7#a7 that has been constructed1 in whole or in part1 by the ,corps of ,engineers for flood control purposes2 7#b7 for which construction was completed before #aidj2 7#c7 that is classified as high hazard potential by the ,state dam safety agency of the ,state in which the dam is located2 and 7#d7 that is operated by a non-,federal entity4 7c7 ,cost sharing ,non-,federal interests shall provide #ce percent of the cost of construction of any project carried out under this section1 including provision of all land1 easements1 rights-of-way1 and necessary relocations4 7d7 ,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-- 7#a7 to pay the non-,federal share of the costs of construction under subsection 7c72 and 7#b7 to pay #ajj percent of any operation1 maintenance1 and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the ,secretary4 7e7 ,cost limitation ,the ,secretary shall not expend more than #aj1jjj1jjj for a project at any single dam under this section4 7f7 ,funding ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjag through #bjbf4 ,,iv ,river basins1 watersheds1 and coastal areas #djja4 ,gulf ,coast oyster bed recovery plan 7a7 ,definition of ,gulf ,states ,in this section1 the term ,gulf ,states means each of the ,states of ,alabama1 ,florida1 ,louisiana1 ,mississippi1 and ,texas4 7b7 ,gulf coast oyster bed recovery plan ,the ,secretary1 in coordination with the ,gulf ,states1 shall develop and implement a plan to assist in the recovery of oyster beds on the coast of ,gulf ,states that were damaged by events including-- 7#a7 ,hurricane ,katrina in #bjje2 7#b7 the ,deep ,water ,horizon oil spill in #bjaj2 and 7#c7 floods in #bjaa and #bjaf4 7c7 ,inclusion ,the plan developed under subsection 7b7 shall address the beneficial use of dredged material in providing substrate for oyster bed development4 7d7 ,submission ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee of ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the plan developed under subsection 7b74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b1jjj1jjj1 to remain available until expended4 #djjb4 ,columbia ,river1 ,platte ,river1 and ,arkansas ,river 7a7 ,ecosystem restoration ,section #ecf7;g7 of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #aad ,stat4 #bffb2 #abh ,stat4 #acad7 is amended by striking #ej1jjj1jjj and inserting #ge1jjj1jjj4 7b7 ,watercraft inspection stations ,section #ajd of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated such sums as are necessary1 but not more than #fe1jjj1jjj1 to carry out this section for each fiscal year1 of which-- 7,a7 #bj1jjj1jjj shall be made available to carry out subsection 7d77#a77;,a77i72 and 7,b7 #be1jjj1jjj shall be made available to carry out clauses 7ii7 and 7iii7 of subsection 7d77#a77;,a74 7#b7 ,allocation ,any funds made available under paragraph 7#a7 that are employed for control operations shall be allocated by the ,chief of ,engineers on a priority basis1 based on-- 7,a7 the urgency and need of each area2 and 7,b7 the availability of local funds4 2 and 7#b7 in subsection 7d7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment1 operation1 and maintenance 7,a7 ,in general ,in carrying out this section1 the ,secretary may establish1 operate1 and maintain watercraft inspection stations to protect-- 7i7 the ,columbia ,river ,basin2 7ii7 the ,platte ,river ,basin located in the ,states of ,colorado1 ,nebraska1 and ,wyoming2 and 7iii7 the ,arkansas ,river ,basin located in the ,states of ,arkansas1 ,colorado1 ,kansas1 ,new ,mexico1 ,oklahoma1 and ,texas4 7,b7 ,location ,the watercraft inspection stations under subparagraph 7,a7 shall be located in areas1 as determined by the ,secretary1 with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the ,secretary4 2 and 7,b7 in paragraph 7#c71 by striking subparagraph 7,a7 and inserting the following3 7,a7 the ,governor of each ,state in which a station is established under paragraph 7#a72 4 7c7 ,tribal housing 7#a7 ,definition of report ,in this subsection1 the term report means the final report for the ,portland ,district1 ,corps of ,engineers1 entitled ,columbia ,river ,treaty ,fishing ,access ,sites1 ,oregon and ,washington3 ,fact-finding ,review on ,tribal ,housing and dated ,november #ai1 #bjac4 7#b7 ,assistance authorized ,as replacement housing for ,indian families displaced due to the construction of the ,bonneville ,dam1 on the request of the ,secretary of the ,interior1 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 #ajj-eha 7#ajb ,stat4 #bidd2 #aaj ,stat4 #gff2 #aaj ,stat4 #cgfb2 #aad ,stat4 #bfgi2 #aah ,stat4 #edd7 for the number of families estimated in the report as having received no relocation assistance4 7#c7 ,study ,the ,secretary shall-- 7,a7 conduct a study to determine the number of ,indian people displaced by the construction of the ,john ,day ,dam2 and 7,b7 identify a plan for suitable housing to replace housing lost to the construction of the ,john ,day ,dam4 7d7 ,columbia and ,lower ,willamette ,rivers below ,vancouver1 ,washington and ,oregon ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for navigation1 ,columbia and ,lower ,willamette ,rivers below ,vancouver1 ,washington and ,portland1 ,oregon1 authorized by section #aja of the ,river and ,harbor ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aagg7 to address safety risks4 #djjc4 ,missouri ,river 7a7 ,reservoir sediment management 7#a7 ,definition of sediment management plan ,in this subsection1 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 reservoir4 7#b7 ,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 ,basin1 on request by project beneficiaries4 7#c7 ,plan elements ,a sediment management plan under paragraph 7#b7 shall-- 7,a7 provide opportunities for project beneficiaries and other stakeholders to participate in sediment management decisions2 7,b7 evaluate the volume of sediment in a reservoir and impacts on storage capacity2 7,c7 identify preliminary sediment management options1 including sediment dikes and dredging2 7,d7 identify constraints2 7,e7 assess technical feasibility1 economic justification1 and environmental impacts2 7,f7 identify beneficial uses for sediment2 and 7,g7 to the maximum extent practicable1 use1 develop1 and demonstrate innovative1 cost-saving technologies1 including structural and nonstructural technologies and designs1 to manage sediment4 7#d7 ,cost share ,the beneficiaries requesting the plan shall share in the cost of development and implementation of a sediment management plan allocated in accordance with the benefits to be received4 7#e7 ,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 subsection4 7#f7 ,guidance ,the ,secretary shall use the knowledge gained through the development and implementation of sediment management plans under paragraph 7#b7 to develop guidance for sediment management at other reservoirs4 7#g7 ,partnership with ,secretary of the ,interior 7,a7 ,in general ,the ,secretary shall carry out the pilot program established under this subsection in partnership with the ,secretary of the ,interior1 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 resources4 7,b7 ,lead agency ,the ,secretary that has primary jurisdiction over the reservoir shall take the lead in developing and implementing a sediment management plan for that reservoir4 7#h7 ,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 7including regulations74 7b7 ,snowpack and drought monitoring ,section #djjc7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acaa7 is amended by adding at the end the following3 7#e7 ,lead agency ,the ,corps of ,engineers shall be the lead agency for carrying out and coordinating the activities described in paragraph 7#a74 4 #djjd4 ,puget ,sound nearshore ecosystem restoration ,section #edd7;f7 of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #aad ,stat4 #bfge7 is amended by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 #djje4 ,ice jam prevention and mitigation 7a7 ,in general ,the ,secretary may carry out projects under section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas71 including planning1 design1 construction1 and monitoring of structural and nonstructural technologies and measures for preventing and mitigating flood damages associated with ice jams4 7b7 ,inclusion ,the projects described in subsection 7a7 may include the development and demonstration of cost-effective technologies and designs developed in consultation with-- 7#a7 the ,cold ,regions ,research and ,engineering ,laboratory of the ,corps of ,engineers2 7#b7 universities2 7#c7 ,federal1 ,state1 and local agencies2 and 7#d7 private organizations4 7c7 ,pilot program 7#a7 ,authorization ,in addition to the funding authorized under section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas71 the ,secretary is authorized to expend #cj1jjj1jjj to carry out pilot projects to demonstrate technologies and designs developed in accordance with this section4 7#b7 ,priority ,in carrying out pilot projects under paragraph 7#a71 the ,secretary shall give priority to projects in the ,upper ,missouri ,river ,basin4 7#c7 ,sunset ,the pilot program under this subsection shall terminate on ,december #ca1 #bjbf4 #djjf4 ,chesapeake ,bay oyster restoration ,section #gjd7;b77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfc7;b77#a77 is amended by striking #fj1jjj1jjj and inserting #ajj1jjj1jjj4 #djjg4 ,north ,atlantic coastal region ,section #djji of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acaf7 is amended-- 7#a7 in subsection 7a71 by striking conduct a study to determine the feasibility of carrying out projects and inserting develop a comprehensive assessment and management plan at ,federal expense2 7#b7 in subsection 7b71 by striking the subsection designation and heading and all that follows through ,in carrying out the study and inserting the following3 7b7 ,assessment and management plan ,in developing the comprehensive assessment and management plan 2 and 7#c7 in subsection 7c77#a71 in the matter preceding subparagraph 7,a71 by striking identified in the study pursuant to subsection 7a7 and inserting identified in the comprehensive assessment and management plan under this section4 #djjh4 ,rio ,grande ,section #ejef7;f7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abad2 #abh ,stat4 #acae7 is amended by striking #bjai and inserting #bjbd4 #djji4 ,texas coastal area ,in carrying out the ,coastal ,texas ecosystem protection and restoration study authorized by section #djia of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aahg71 the ,secretary shall consider studies1 data1 or information developed by the ,gulf ,coast ,community ,protection and ,recovery ,district to expedite completion of the study4 #djaj4 ,upper ,mississippi and ,illinois ,rivers flood risk management 7a7 ,in general ,the ,secretary shall conduct a study at ,federal expense to determine the feasibility of carrying out projects to address systemic flood damage reduction in the upper ,mississippi and ,illinois ,river basins4 7b7 ,purpose ,the purposes of the study under subsection 7a7 are-- 7#a7 to develop an integrated1 comprehensive1 and systems-based approach to minimize the threat to health and safety resulting from flooding by using structural and nonstructural flood risk management measures2 7#b7 to reduce damages and costs associated with flooding2 7#c7 to identify opportunities to support environmental sustainability and restoration goals of the ,upper ,mississippi ,river and ,illinois ,river floodplain as part of any systemic flood risk management plan2 and 7#d7 to seek opportunities to address1 in concert with flood risk management measures1 other floodplain specific problems1 needs1 and opportunities4 7c7 ,study components ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 as appropriate1 coordinate with the heads of other appropriate ,federal agencies1 the ,governors of the ,states within the ,upper ,mississippi and ,illinois ,river basins1 the appropriate levee and drainage districts1 nonprofit organizations1 and other interested parties2 7#b7 recommend projects for reconstruction of existing levee systems so as to develop and maintain a comprehensive system for flood risk reduction and floodplain management2 7#c7 perform a systemic analysis of critical transportation systems to determine the feasibility of protecting river approaches for land-based systems1 highways1 and railroads2 7#d7 develop a basin-wide hydrologic model for the ,upper ,mississippi ,river ,system and update as changes occur and new data is available2 and 7#e7 use1 to the maximum extent practicable1 any existing plans and data4 7d7 ,basis for recommendations ,in recommending a project under subsection 7c77#b71 the ,secretary may justify the project based on system-wide benefits4 #djaa4 ,salton ,sea1 ,california ,section #cjcb of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aaac7 is amended-- 7#a7 in the section heading1 by inserting program after restoration2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,pilot projects and inserting ,program2 7,b7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,c71 respectively2 7ii7 by inserting before subparagraph 7,b7 7as redesignated7 the following3 7,a7 ,establishment ,the ,secretary shall carry out a program to implement projects to restore the ,salton ,sea in accordance with this section4 2 7iii7 in subparagraph 7,b7 7as redesignated by clause 7i771 by striking the pilot2 and 7iv7 in subparagraph 7,c7 7as redesignated by clause 7i77-- 7,i7 in clause 7i71 in the matter preceding subclause 7,i71 by striking the pilot projects referred to in subparagraph 7,a7 and inserting the projects referred to in subparagraph 7,b72 7,,ii7 in subclause 7,i71 by inserting 1 ,salton ,sea ,authority1 or other non-,federal interest before the semicolon at the end2 and 7,,iii7 in subclause 7,,ii71 by striking pilot2 7,c7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking pilot2 and 7,d7 in paragraph 7#c7-- 7i7 by striking pilot each place it appears2 and 7ii7 by inserting 1 ,salton ,sea ,authority1 or other non-,federal interest after ,state2 and 7#c7 in subsection 7c71 by striking pilot4 #djab4 ,adjustment ,section #bai7;f77#be7 of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #aac ,stat4 #ccf7 is amended-- 7#a7 by inserting ,berkeley before ,calhoun2 and 7#b7 by striking ,orangeberg1 and ,sumter and inserting and ,orangeberg4 #djac4 ,coastal resiliency 7a7 ,in general ,section #djad7;b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bhjc;a7b77 is amended-- 7#a7 in paragraph 7#a71 by inserting ,indian tribes1 after nonprofit organizations12 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 give priority to projects in communities the existence of which is threatened by rising sea level1 including projects relating to shoreline restoration1 tidal marsh restoration1 dunal habitats to protect coastal infrastructure1 reduction of future and existing emergency repair costs1 and projects that use dredged materials2 4 7b7 ,interagency coordination on coastal resilience 7#a7 ,in general ,the ,secretary shall convene an interagency working group on resilience to extreme weather1 which will coordinate research1 data1 and ,federal investments related to sea level rise1 resiliency1 and vulnerability to extreme weather1 including coastal resilience4 7#b7 ,consultation ,the interagency working group convened under paragraph 7#a7 shall-- 7,a7 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 rise1 including providing consultation regarding policies1 programs1 studies1 plans1 and best practices relating to recurrent flooding and sea level rise in areas with significant ,federal assets2 and 7,b7 share physical1 biological1 and socioeconomic data among such ,state organizations1 as appropriate4 #djad4 ,regional intergovernmental collaboration on coastal resilience 7a7 ,regional assessments 7#a7 ,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 resources1 including-- 7,a7 an assessment of the probability and the extent of coastal flooding and erosion1 including back bay and estuarine flooding2 7,b7 recommendations for policies and other measures related to regional ,federal1 ,state1 local1 and private participation in shoreline and back-bay protection projects2 7,c7 an evaluation of the performance of existing ,federal coastal storm damage reduction1 ecosystem restoration1 and navigation projects1 including recommendations for the improvement of those projects2 7,d7 an assessment of the value and impacts of implementation of regional1 systems-based1 watershed-based1 and interstate approaches if practicable2 7,e7 recommendations for the demonstration of methodologies for resilience through the use of natural and nature-based infrastructure approaches1 as appropriate2 and 7,f7 recommendations regarding alternative sources of funding for new and existing projects4 7#b7 ,cooperation ,in carrying out paragraph 7#a71 the ,secretary shall cooperate with-- 7,a7 heads of appropriate ,federal agencies2 7,b7 ,states that have approved coastal management programs and appropriate agencies of those ,states2 7,c7 local governments2 and 7,d7 the private sector4 7b7 ,streamlining ,in carrying out this section1 the ,secretary shall-- 7#a7 to the maximum extent practicable1 use existing research done by ,federal1 ,state1 regional1 local1 and private entities to eliminate redundancies and related costs2 7#b7 receive from any of the entities described in subsection 7a77#b7-- 7,a7 contributed funds2 or 7,b7 research that may be eligible for credit as work-in-kind under applicable ,federal law2 and 7#c7 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 engineering1 biological1 ecological1 social1 economic1 and other factors in carrying out the assessment4 7c7 ,reports ,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 all reports and recommendations prepared under this section1 together with any necessary supporting documentation4 #djae4 ,south ,atlantic coastal study 7a7 ,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 rise4 7b7 ,requirements ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 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 protection2 7#b7 identify risks and coastal vulnerabilities in the areas affected by sea level rise2 7#c7 recommend measures to address the vulnerabilities described in paragraph 7#b72 and 7#d7 develop a long-term strategy for-- 7,a7 addressing increased hurricane and storm damages that result from rising sea levels2 and 7,b7 identifying opportunities to enhance resiliency1 increase sustainability1 and lower risks in-- 7i7 populated areas2 7ii7 areas of concentrated economic development2 and 7iii7 areas with vulnerable environmental resources4 7c7 ,consultation ,the ,secretary shall coordinate1 as appropriate1 with the heads of other ,federal departments and agencies1 the ,governors of the affected ,states1 regional governmental agencies1 and units of local government to address coastal impacts resulting from sea level rise4 7d7 ,report ,not later than #d years after the date of enactment of this ,act1 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 risks and vulnerabilities of the areas described in subsection 7a7 to increased hurricane and storm damage as a result of sea level rise4 #djaf4 ,kanawha ,river ,basin ,the ,secretary shall conduct studies to determine the feasibility of implementing projects for flood risk management1 ecosystem restoration1 navigation1 water supply1 recreation1 and other water resource related purposes within the ,kanawha ,river ,basin1 ,west ,virginia1 ,virginia1 and ,north ,carolina4 #djag4 ,consideration of full array of measures for coastal risk reduction 7a7 ,definitions ,in this section3 7#a7 ,natural feature ,the term natural feature means a feature that is created through the action of physical1 geological1 biological1 and chemical processes over time4 7#b7 ,nature-based feature ,the term nature-based feature means a feature that is created by human design1 engineering1 and construction to protect1 and in concert with1 natural processes to provide risk reduction in coastal areas4 7b7 ,requirement ,in developing projects for coastal risk reduction1 the ,secretary shall consider1 as appropriate-- 7#a7 natural features2 7#b7 nature-based features2 7#c7 nonstructural measures2 and 7#d7 structural measures4 7c7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a1 #bjbj1 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 7b74 7#b7 ,contents ,the report under paragraph 7#a7 shall include1 at a minimum1 the following3 7,a7 ,a description of guidance or instructions issued1 and other measures taken1 by the ,secretary and the ,chief of ,engineers to implement subsection 7b74 7,b7 ,an assessment of the costs1 benefits1 impacts1 and trade-offs associated with measures recommended by the ,secretary for coastal risk reduction and the effectiveness of those measures4 7,c7 ,a description of any statutory1 fiscal1 or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction4 #djah4 ,waterfront community revitalization and resiliency 7a7 ,findings ,congress finds that-- 7#a7 many communities in the ,united ,states were developed along waterfronts2 7#b7 water proximity and access is a recognized economic driver2 7#c7 water shortages faced by parts of the ,united ,states underscore the need to manage water sustainably and restore water quality2 7#d7 interest in waterfront revitalization and development has grown1 while the circumstances driving waterfront development have changed2 7#e7 waterfront communities face challenges to revitalizing and leveraging water resources1 such as outdated development patterns1 deteriorated water infrastructure1 industrial contamination of soil and sediment1 and lack of public access to the waterfront1 which are often compounded by overarching economic distress in the community2 7#f7 public investment in waterfront community development and infrastructure should reflect changing ecosystem conditions and extreme weather projections to ensure strategic1 resilient investments2 7#g7 individual communities have unique priorities1 concerns1 and opportunities related to waterfront restoration and community revitalization2 and 7#h7 the ,secretary of ,commerce has unique expertise in ,great ,lakes and ocean coastal resiliency and economic development4 7b7 ,definitions ,in this section3 7#a7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,resilient waterfront community ,the term resilient waterfront community means a unit of local government or ,indian tribe that is-- 7,a7 7i7 bound in part by-- 7,i7 a ,great ,lake2 or 7,,ii7 an ocean2 or 7ii7 bordered or traversed by a riverfront or an inland lake2 7,b7 self-nominated as a resilient waterfront community2 and 7,c7 designated by the ,secretary as a resilient waterfront community on the basis of the development by the community of an eligible resilient waterfront community plan1 with eligibility determined by the ,secretary after considering the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7c7 ,resilient waterfront communities designation 7#a7 ,designation 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall designate resilient waterfront communities based on the extent to which a community meets the criteria described in paragraph 7#b74 7,b7 ,collaboration ,for inland lake and riverfront communities1 in making the designation described in subparagraph 7,a71 the ,secretary shall work with the ,administrator of the ,environmental ,protection ,agency and the heads of other ,federal agencies1 as the ,secretary determines to be necessary4 7#b7 ,resilient waterfront community plan ,a resilient waterfront community plan is a community-driven vision and plan that is developed-- 7,a7 voluntarily at the discretion of the community-- 7i7 to respond to local needs2 or 7ii7 to take advantage of new water-oriented opportunities2 7,b7 with the leadership of the relevant governmental entity or ,indian tribe with the active participation of-- 7i7 community residents2 7ii7 utilities2 and 7iii7 interested business and nongovernmental stakeholders2 7,c7 as a new document or by amending or compiling community planning documents1 as necessary1 at the discretion of the ,secretary2 7,d7 in consideration of all applicable ,federal and ,state coastal zone management planning requirements2 7,e7 to address economic competitive strengths2 and 7,f7 to complement and incorporate the objectives and recommendations of applicable regional economic plans4 7#c7 ,components of a resilient waterfront community plan ,a resilient waterfront community plan shall-- 7,a7 consider all1 or a portion of1 the waterfront area and adjacent land and water to which the waterfront is connected ecologically1 economically1 or through local governmental or tribal boundaries2 7,b7 describe a vision and plan for the community to develop as a vital and resilient waterfront community1 integrating consideration of-- 7i7 the economic opportunities resulting from water proximity and access1 including-- 7,i7 water-dependent industries2 7,,ii7 water-oriented commerce2 and 7,,iii7 recreation and tourism2 7ii7 the community relationship to the water1 including-- 7,i7 quality of life2 7,,ii7 public health2 7,,iii7 community heritage2 and 7,,iv7 public access1 particularly in areas in which publicly funded ecosystem restoration is underway2 7iii7 ecosystem challenges and projections1 including unresolved and emerging impacts to the health and safety of the waterfront and projections for extreme weather and water conditions2 7iv7 infrastructure needs and opportunities1 to facilitate strategic and sustainable capital investments in-- 7,i7 docks1 piers1 and harbor facilities2 7,,ii7 protection against storm surges1 waves1 and flooding2 7,,iii7 stormwater1 sanitary sewer1 and drinking water systems1 including green infrastructure and opportunities to control nonpoint source runoff2 and 7,,iv7 other community facilities and private development2 and 7v7 such other factors as are determined by the ,secretary to align with metrics or indicators for resiliency1 considering environmental and economic changes4 7#d7 ,duration ,after the designation of a community as a resilient waterfront community under paragraph 7#a71 a resilient waterfront community plan developed in accordance with paragraphs 7#b7 and 7#c7 may be-- 7,a7 effective for the #aj-year period beginning on the date on which the ,secretary approves the resilient waterfront community plan2 and 7,b7 updated by the resilient waterfront community and submitted to the ,secretary for the approval of the ,secretary before the expiration of the #aj-year period4 7d7 ,resilient waterfront communities network 7#a7 ,in general ,the ,secretary shall develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities4 7#b7 ,public recognition ,in consultation with designated resilient waterfront communities1 the ,secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism1 investment1 or other benefits4 7e7 ,waterfront community revitalization activities 7#a7 ,in general ,to support a community in leveraging other sources of public and private investment1 the ,secretary may use existing authority to support-- 7,a7 the development of a resilient waterfront community plan1 including planning and feasibility analysis2 and 7,b7 the implementation of strategic components of a resilient waterfront community plan after the resilient waterfront community plan has been approved by the ,secretary4 7#b7 ,non-,federal partners 7,a7 ,lead non-,federal partners ,a unit of local government or an ,indian tribe shall be eligible to be considered as a lead non-,federal partner if the unit of local government or ,indian tribe is-- 7i7 bound in part by-- 7,i7 a ,great ,lake2 or 7,,ii7 an ocean2 or 7ii7 bordered or traversed by a riverfront or an inland lake4 7,b7 ,non-,federal implementation partners ,subject to paragraph 7#d77;,c71 a lead non-,federal partner may contract with an eligible non-,federal implementation partner for implementation activities described in paragraph 7#d77;,b74 7#c7 ,planning activities 7,a7 ,in general ,technical assistance may be provided for the development of a resilient waterfront community plan4 7,b7 ,eligible planning activities ,in developing a resilient waterfront community plan1 a resilient waterfront community may-- 7i7 conduct community visioning and outreach2 7ii7 identify challenges and opportunities2 7iii7 develop strategies and solutions2 7iv7 prepare plan materials1 including text1 maps1 design1 and preliminary engineering2 7v7 collaborate across local agencies and work with regional1 ,state1 and ,federal agencies to identify1 understand1 and develop responses to changing ecosystem and economic circumstances2 and 7vi7 conduct other planning activities that the ,secretary considers necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues confronted by the resilient waterfront community4 7#d7 ,implementation activities 7,a7 ,in general ,implementation assistance may be provided-- 7i7 to initiate implementation of a resilient waterfront community plan and facilitate high-quality development1 including leveraging local and private sector investment2 and 7ii7 to address strategic community priorities that are identified in the resilient waterfront community plan4 7,b7 ,assistance ,assistance may be provided to advance implementation activities1 such as-- 7i7 site preparation2 7ii7 environmental review2 7iii7 engineering and design2 7iv7 acquiring easements or land for uses such as green infrastructure1 public amenities1 or assembling development sites2 7v7 updates to zoning codes2 7vi7 construction of-- 7,i7 public waterfront or boating amenities2 and 7,,ii7 public spaces2 7vii7 infrastructure upgrades to improve coastal resiliency2 7viii7 economic and community development marketing and outreach2 and 7ix7 other activities at the discretion of the ,secretary4 7,c7 ,implementation partners 7i7 ,in general ,to assist in the completion of implementation activities1 a lead non-,federal partner may contract or otherwise collaborate with a non-,federal implementation partner1 including-- 7,i7 a nonprofit organization2 7,,ii7 a public utility2 7,,iii7 a private entity2 7,,iv7 an institution of higher education2 7,v7 a ,state government2 or 7,,vi7 a regional organization4 7ii7 ,lead non-,federal partner responsibility ,the lead non-,federal partner shall ensure that assistance and resources received by the lead non-,federal partner to advance the resilient waterfront community plan of the lead non-,federal partner and for related activities are used for the purposes of1 and in a manner consistent with1 any initiative advanced by the ,secretary for the purpose of promoting waterfront community revitalization and resiliency4 7#e7 ,use of non-,federal resources 7,a7 ,in general ,a resilient waterfront community receiving assistance under this subsection shall provide non-,federal funds toward completion of planning or implementation activities4 7,b7 ,non-,federal resources ,non-,federal funds may be provided by-- 7i7 #a or more units of local or tribal government2 7ii7 a ,state government2 7iii7 a nonprofit organization2 7iv7 a private entity2 7v7 a foundation2 7vi7 a public utility2 or 7vii7 a regional organization4 7f7 ,interagency awareness ,at regular intervals1 the ,secretary shall provide a list of resilient waterfront communities to the applicable ,states and the heads of national and regional offices of interested ,federal agencies1 including at a minimum-- 7#a7 the ,secretary of ,transportation2 7#b7 the ,secretary of ,agriculture2 7#c7 the ,administrator of the ,environmental ,protection ,agency2 7#d7 the ,administrator of the ,federal ,emergency ,management ,agency2 7#e7 the ,assistant ,secretary of the ,army for ,civil ,works2 7#f7 the ,secretary of the ,interior2 and 7#g7 the ,secretary of ,housing and ,urban ,development4 7g7 ,no new regulatory authority ,nothing in this section may be construed as establishing new authority for any ,federal agency4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #be1jjj1jjj for each of fiscal years #bjag through #bjba4 7i7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #hjj1jjj1 to remain available until expended4 #djai4 ,table ,rock ,lake1 ,arkansas and ,missouri 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary-- 7#a7 shall include a #fj-;day public comment period for the ,table ,rock ,lake ,master ,plan and ,table ,rock ,lake ,shoreline ,management ,plan revision2 and 7#b7 shall finalize the revision for the ,table ,rock ,lake ,master ,plan and ,table ,rock ,lake ,shoreline ,management ,plan during the #b-year period beginning on the date of enactment of this ,act4 7b7 ,shoreline use permits ,during the period described in subsection 7a77#b71 the ,secretary shall lift or suspend the moratorium on the issuance of new1 and modifications to existing1 shoreline use permits based on the existing ,table ,rock ,lake ,master ,plan and ,table ,rock ,lake ,shoreline ,management ,plan4 7c7 ,oversight committee 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish an oversight committee 7referred to in this subsection as the ,committee74 7#b7 ,purposes ,the purposes of the ,committee shall be-- 7,a7 to review any permit to be issued under the existing ,table ,rock ,lake ,master ,plan at the recommendation of the ,district ,engineer2 and 7,b7 to advise the ,district ,engineer on revisions to the new ,table ,rock ,lake ,master ,plan and ,table ,rock ,lake ,shoreline ,management ,plan4 7#c7 ,membership ,membership in the ,committee shall not exceed #f members and shall include-- 7,a7 not more than #a representative each from the ,state of ,missouri and the ,state of ,arkansas2 7,b7 not more than #a representative each from local economic development organizations with jurisdiction over ,table ,rock ,lake2 and 7,c7 not more than #a representative each representing the boating and conservation interests of ,table ,rock ,lake4 7#d7 ,study ,the ,secretary shall-- 7,a7 carry out a study on the need to revise permit fees relating to ,table ,rock ,lake to better reflect the cost of issuing those fees and achieve cost savings2 7,b7 submit to ,congress a report on the results of the study described in subparagraph 7,a72 and 7,c7 begin implementation of the new permit fee structure based on the findings of the study described in subparagraph 7,a74 #djbj4 ,pearl ,river ,basin1 ,mississippi ,the ,secretary shall expedite review and decision on the recommendation for the project for flood damage reduction authorized by section #dja7;e77#c7 of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dacb71 as amended by section #cajd of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #aacd71 submitted to the ,secretary under section #baa of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7 7as in effect on the day before the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad74 ,v ,deauthorizations #ejja4 ,deauthorizations 7a7 ,valdez1 ,alaska 7#a7 ,in general ,subject to paragraph 7#b71 the portions of the project for navigation1 ,valdez1 ,alaska1 identified as ,tract ,g1 ,harbor ,subdivision1 shall not be subject to navigation servitude beginning on the date of enactment of this ,act4 7#b7 ,entry by ,federal ,government ,the ,federal ,government may enter on the property referred to in paragraph 7#a7 to carry out any required operation and maintenance of the general navigation features of the project described in paragraph 7#a74 7b7 ,red river below ,denison dam1 ,arkansas1 ,louisiana1 and ,texas ,the portion of the project for flood protection on ,red ,river ,below ,denison ,dam1 ,arkansas1 ,louisiana and ,texas1 authorized by section #aj of the ,flood ,control ,act of #aidf 7#fj ,stat4 #fdg1 chapter #eif71 consisting of the portion of the ,west ,agurs ,levee that begins at lat4 #cbcb'ej4hf0 ,n41 by long4 #icdf'af4hb0 ,w41 and ends at lat4 #cb #ca'bb4gi0 ,n41 by long4 #ic #de' #b4dg0 ,w41 is no longer authorized beginning on the date of enactment of this ,act4 7c7 ,sutter ,basin1 ,california 7#a7 ,in general ,the separable element constituting the locally preferred plan increment reflected in the report of the ,chief of ,engineers dated ,march #ab1 #bjad1 and authorized for construction under section #gjjb7b77h7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acff7 is no longer authorized beginning on the date of enactment of this ,act4 7#b7 ,savings provisions ,the deauthorization under paragraph 7#a7 does not affect-- 7,a7 the national economic development plan separable element reflected in the report of the ,chief of ,engineers dated ,march #ab1 #bjad1 and authorized for construction under section #gjjb7b77h7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acff72 or 7,b7 previous authorizations providing for the ,sacramento ,river and major and minor tributaries project1 including-- 7i7 section #b of the ,act of ,march #a1 #aiag 7#ci ,stat4 #idi2 chapter #add72 7ii7 section #ab of the ,act of ,december #bb1 #aidd 7#eh ,stat4 #ijj2 chapter #ffe72 7iii7 section #bjd of the ,flood ,control ,act of #aiej 7#fd ,stat4 #agg2 chapter #ahh72 and 7iv7 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 #adhccc and levee stationing #bcfhjj4 7d7 ,stonington ,harbor1 ,connecticut ,the portion of the project for navigation1 ,stonington ,harbor1 ,connecticut1 authorized by the ,act of ,may #bc1 #ahbh 7#d ,stat4 #bhh2 chapter #gc7 that consists of the inner stone breakwater that begins at coordinates ,n4 #fhb1adf4db1 ,e4 #abca1cgh4fi1 running north #hc4ehg degrees west #aff4gi' to a point ,n4 #fhb1afe4je1 ,e4 #a1bca1bab4id1 running north #fi4bji degrees west #chj4hi' to a point ,n4 #fhb1cjj4be1 ,e4 #a1bcj1hef4hf1 is no longer authorized as a ,federal project beginning on the date of enactment of this ,act4 7e7 ,green ,river and ,barren ,river1 ,kentucky 7#a7 ,in general ,beginning on the date of enactment of this ,act1 commercial navigation at the locks and dams identified in the report of the ,chief of ,engineers entitled ,green ,river ,locks and ,dams #c1 #d1 #e1 and #f and ,barren ,river ,lock and ,dam #a1 ,kentucky and dated ,april #cj1 #bjae1 shall no longer be authorized1 and the land and improvements associated with the locks and dams shall be-- 7,a7 disposed of consistent with paragraph 7#b72 and 7,b7 subject to such terms and conditions as the ,secretary determines to be necessary and appropriate in the public interest4 7#b7 ,disposition 7,a7 ,green ,river ,lock and ,dam #c ,the ,secretary shall convey to the ,rochester ,dam ,regional ,water ,commission all right1 title1 and interest of the ,united ,states in and to ,green ,river ,lock and ,dam #c1 located in ,ohio ,county and ,muhlenberg ,county1 ,kentucky1 together with any improvements on the land4 7,b7 ,green ,river ,lock and ,dam #d ,the ,secretary shall convey to ,butler ,county1 ,kentucky1 all right1 title1 and interest of the ,united ,states in and to ,green ,river ,lock and ,dam #d1 located in ,butler ,county1 ,kentucky1 together with any improvements on the land4 7,c7 ,green ,river ,lock and ,dam #e ,the ,secretary shall convey to the ,state of ,kentucky1 a political subdivision of the ,state of ,kentucky1 or a nonprofit1 nongovernmental organization all right1 title1 and interest of the ,united ,states in and to ,green ,river ,lock and ,dam #e for the express purposes of-- 7i7 removing the structure from the river at the earliest feasible time2 and 7ii7 making the land available for conservation and public recreation1 including river access4 7,d7 ,green ,river ,lock and ,dam #f 7i7 ,in general ,the ,secretary shall transfer to the ,secretary of the ,interior administrative jurisdiction over the portion of ,green ,river ,lock and ,dam #f1 ,edmonson ,county1 ,kentucky1 that is located on the left descending bank of the ,green ,river1 together with any improvements on the land1 for inclusion in ,mammoth ,cave ,national ,park4 7ii7 ,transfer to the ,state of ,kentucky ,the ,secretary shall transfer to the ,state of ,kentucky all right1 title1 and interest of the ,united ,states in and to the portion of ,green ,river ,lock and ,dam #f1 ,edmonson ,county1 ,kentucky1 that is located on the right descending bank of the ,green ,river1 together with any improvements on the land1 for use by the ,department of ,fish and ,wildlife ,resources of the ,state of ,kentucky for the purposes of-- 7,i7 removing the structure from the river at the earliest feasible time2 and 7,,ii7 making the land available for conservation and public recreation1 including river access4 7,e7 ,barren ,river ,lock and ,dam #a ,the ,secretary shall convey to the ,state of ,kentucky1 all right1 title1 and interest of the ,united ,states in and to ,barren ,river ,lock and ,dam #a1 located in ,warren ,county1 ,kentucky1 together with any improvements on the land1 for use by the ,department of ,fish and ,wildlife ,resources of the ,state of ,kentucky for the purposes of-- 7i7 removing the structure from the river at the earliest feasible time2 and 7ii7 making the land available for conservation and public recreation1 including river access4 7#c7 ,conditions 7,a7 ,in general ,the exact acreage and legal description of any land to be disposed of1 transferred1 or conveyed under this subsection shall be determined by a survey satisfactory to the ,secretary4 7,b7 ,quitclaim deed ,a conveyance under subparagraph 7,a71 7,b71 7,d71 or 7,e7 of paragraph 7#b7 shall be accomplished by quitclaim deed and without consideration4 7,c7 ,administrative costs ,the ,secretary shall be responsible for all administrative costs associated with a transfer or conveyance under this subsection1 including the costs of a survey carried out under subparagraph 7,a74 7,d7 ,reversion ,if the ,secretary determines that the land transferred or conveyed under this subsection is not used by a non-,federal entity for a purpose that is consistent with the purpose of the transfer or conveyance1 all right1 title1 and interest in and to the land1 including any improvements on the land1 shall revert1 at the discretion of the ,secretary1 to the ,united ,states1 and the ,united ,states shall have the right of immediate entry onto the land4 7f7 ,essex ,river1 ,massachusetts 7#a7 ,in general ,the portions of the project for navigation1 ,essex ,river1 ,massachusetts1 authorized by the first section of the ,act of ,july #ac1 #ahib 7#bg ,stat4 #if1 chapter #aeh71 and modified by the first section of the ,act of ,march #c1 #ahii 7#cj ,stat4 #aacc1 chapter #dbe71 and the first section of the ,act of ,march #b1 #aijg 7#cd ,stat4 #ajge1 chapter #beji71 that do not lie within the areas described in paragraph 7#b7 are no longer authorized beginning on the date of enactment of this ,act4 7#b7 ,areas described ,the areas described in this paragraph are-- 7,a7 beginning at a point ,n4 #cjefaci4hb1 ,e4 #heaghj4ba2 7,b7 running southwesterly about #aef4hh feet to a point ,n4 #cjeeiig4ge1 ,e4 #heagac4fg2 7,c7 running southwesterly about #fd4ei feet to a point ,n4 #cjeeiei4cg1 ,e4 #heaffa4gb2 7,d7 running southwesterly about #ade4ad feet to a point ,n4 #cjeehhg4aj1 ,e4 #heaece4he2 7,e7 running southwesterly about #bjd4ia feet to a point ,n4 #cjeehee4ab1 ,e4 #heaccc4de2 7,f7 running northwesterly about #dbc4ej feet to a point ,n4 #cjeeigf4gj1 ,e4 #hejibg4gh2 7,g7 running northwesterly about #eh4gg feet to a point ,n4 #cjefjjb4ii1 ,e4 #hejhge4ba2 7,h7 running northwesterly about #bdj4eg feet to a point ,n4 #cjefbcb4hb1 ,e4 #hejhjd4ad2 7,i7 running northwesterly about #bjc4fj feet to a point ,n4 #cjefdce4da1 ,e4 #hejghc4ic2 7,j7 running northwesterly about #gh4fc feet to a point ,n4 #cjefdii4fc1 ,e4 #hejgch4ef2 7,k7 running northwesterly about #fj4jj feet to a point ,n4 #cjefebf4cj1 ,e4 #hejfhd4ha2 7,l7 running southwesterly about #he4ef feet to a point ,n4 #cjefebc4cc1 ,e4 #hejeii4ca2 7,m7 running southwesterly about #cf4bj feet to a point ,n4 #cjefeab4cg1 ,e4 #hejefd4ha2 7,n7 running southwesterly about #hj4aj feet to a point ,n4 #cjefdfg4jh1 ,e4 #hejdih4gd2 7,o7 running southwesterly about #afi4je feet to a point ,n4 #cjefccd4cf1 ,e4 #hejcid4jc2 7,p7 running northwesterly about #dh4eb feet to a point ,n4 #cjefced4ch1 ,e4 #hejcdi4hc2 7,q7 running northeasterly about #hc4ga feet to a point ,n4 #cjefdcf4ce1 ,e4 #hejcff4hd2 7,r7 running northeasterly about #bab4ch feet to a point ,n4 #cjefedh4gj1 ,e4 #hejedg4jg2 7,s7 running northeasterly about #dg4fj feet to a point ,n4 #cjefefc4ab1 ,e4 #hejeib4dc2 7,t7 running northeasterly about #aja4af feet to a point ,n4 #cjefeff4fb1 ,e4 #hejfic4ec2 7,u7 running southeasterly about #hj4bb feet to a point ,n4 #cjefecj4ig1 ,e4 #hejgfe4dj2 7,v7 running southeasterly about #ii4bi feet to a point ,n4 #cjefddi4hh1 ,e4 #hejhbb4fi2 7,w7 running southeasterly about #baj4ab feet to a point ,n4 #cjefbdj4gi1 ,e4 #hejhdc4ed2 7,x7 running southeasterly about #bai4df feet to a point ,n4 #cjefjca4ac1 ,e4 #hejijh4ch2 7,y7 running southeasterly about #ch4bc feet to a point ,n4 #cjefjad4jb1 ,e4 #hejidb4eg2 7,z7 running southeasterly about #daj4ic feet to a point ,n4 #cjeehif4jf1 ,e4 #heaccf4ba2 7,,aa7 running northeasterly about #ahh4dc feet to a point ,n4 #cjeeibe4df1 ,e4 #heaebb4cc2 7,,bb7 running northeasterly about #ace4dg feet to a point ,n4 #cjeeiib4ia1 ,e4 #heafci4hj2 7,,cc7 running northeasterly about #eb4ae feet to a point ,n4 #cjefjbc4ij1 ,e4 #heafha4ge2 and 7,,dd7 running northeasterly about #ia4eg feet to a point ,n4 #cjefajf4hb1 ,e4 #heagbj4ei4 7g7 ,hannibal small boat harbor1 ,hannibal1 ,missouri ,the project for navigation at ,hannibal ,small ,boat ,harbor on the ,mississippi ,river1 ,hannibal1 ,missouri1 authorized by section #aja of the ,river and ,harbor ,act of #aiej 7,public ,law #ha-eaf2 #fd ,stat4 #aff1 chapter #ahh71 is no longer authorized beginning on the date of enactment of this ,act1 and any maintenance requirements associated with the project are terminated4 7h7 ,port of ,cascade locks1 ,oregon 7#a7 ,termination of portions of existing flowage easement 7,a7 ,definition of flowage easement ,in this paragraph1 the term flowage easement means the flowage easements identified as tracts #cjb;,e-#a and #cjd;,e-#a on the easement deeds recorded as instruments in ,hood ,river ,county1 ,oregon1 as follows3 7i7 ,a flowage easement dated ,october #c1 #aicf1 recorded ,december #a1 #aicf1 book #be at page #eca 7records of ,hood ,river ,county1 ,oregon71 in favor of ,united ,states 7#cjb;,e-#a-,perpetual ,flowage ,easement from ,october #e1 #aicg1 ,october #e1 #aicf1 and ,october #c1 #aicf7 7previously acquired as tracts ,,oh-#cf and ,,oh-#da and a portion of tract ,,oh-#dg74 7ii7 ,a flowage easement recorded ,october #ag1 #aicf1 book #be at page #dgf 7records of ,hood ,river ,county1 ,oregon71 in favor of the ,united ,states1 that affects that portion below the #id-;foot contour line above main sea level 7#cjd ,e-#a-,perpetual ,flowage ,easement from ,august #aj1 #aicg and ,october #c1 #aicf7 7previously acquired as tract ,,oh-#db and a portion of tract ,,oh-#dg74 7,b7 ,termination ,with respect to the properties described in paragraph 7#b71 beginning on the date of enactment of this ,act1 the flowage easements are terminated above elevation #hb4d feet 7,,ngvd#bi71 the ordinary high water mark4 7#b7 ,affected properties ,the properties described in this paragraph1 as recorded in ,hood ,river1 ,county1 ,oregon1 are as follows3 7,a7 ,lots #c1 #d1 #e1 and #g of the ,port of ,cascade ,locks ,business ,park subdivision1 instrument #bjad-jjdcf4 7,b7 ,parcels #a1 #b1 and #c of ,hood ,river ,county ,partition plat ,no4 #bjjh-be,p4 7#c7 ,federal liabilities2 cultural1 environmental1 other regulatory reviews 7,a7 ,federal liability ,the ,united ,states shall not be liable for any injury caused by the termination of the easement under this subsection4 7,b7 ,cultural and environmental regulatory actions ,nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph 7#b74 7#d7 ,effect on other rights ,nothing in this subsection affects any remaining right or interest of the ,corps of ,engineers in the properties described in paragraph 7#b74 7i7 ,declarations of non-navigability for portions of the ,delaware ,river1 ,philadelphia1 ,pennsylvania 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 unless the ,secretary determines1 after consultation with local and regional public officials 7including local and regional project planning organizations71 that there are substantive objections1 the following portions of the ,delaware ,river1 bounded by the former bulkhead and pierhead lines established by the ,secretary of ,war and successors1 are declared to be non-navigable waters of the ,united ,states3 7,a7 ,piers #gj ,south through #ch ,south1 encompassing an area bounded by the southern line of ,moore ,street extended to the northern line of ,catherine ,street extended1 including the following piers3 ,piers #gj1 #fh1 #fg1 #fd1 #fa-fc1 #fj1 #eg1 #ee1 #df1 #dh1 #dj1 and #ch4 7,b7 ,piers #bd ,north through #gb ,north1 encompassing an area bounded by the southern line of ,callowhill ,street extended to the northern line of ,east ,fletcher ,street extended1 including the following piers3 #bd1 #be1 #bg-ce1 #ce4e1 #cf1 #cg1 #ch1 #ci1 #di1 #ea-eb1 #ec-eg1 #eh-fe1 #ff1 #fg1 #fi1 #gj-gb1 and ,rivercenter4 7#b7 ,determination ,the ,secretary shall make the determination under paragraph 7#a7 separately for each portion of the ,delaware ,river described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 using reasonable discretion1 by not later than #aej days after the date of submission of appropriate plans for that portion4 7#c7 ,limits on applicability 7,a7 ,in general ,paragraph 7#a7 applies only to those parts of the areas described in that paragraph that are or will be bulkheaded and filled or otherwise occupied by permanent structures1 including marina and recreation facilities4 7,b7 ,other ,federal laws ,any work described in subparagraph 7,a7 shall be subject to all applicable ,federal law 7including regulations71 including-- 7i7 sections #i and #aj of the ,act of ,march #c1 #ahii 7commonly known as the ,river and ,harbors ,appropriation ,act of #ahii7 7#cc ,u4,s4,c4 #dja1 #djc72 7ii7 section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 and 7iii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7j7 ,salt ,creek1 ,graham1 ,texas 7#a7 ,in general ,the project for flood control1 environmental restoration1 and recreation1 ,salt ,creek1 ,graham1 ,texas1 authorized by section #aja7;a77#cj7 of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #bgh-bgi71 is no longer authorized as a ,federal project beginning on the date of enactment of this ,act4 7#b7 ,certain project-related claims ,the non-,federal sponsor for the project described in paragraph 7#a7 shall hold and save the ,united ,states harmless from any claim that has arisen1 or that may arise1 in connection with the project4 7#c7 ,transfer ,the ,secretary is authorized to transfer any land acquired by the ,federal ,government for the project on behalf of the non-,federal sponsor that remains in ,federal ownership on or after the date of enactment of this ,act to the non-,federal sponsor4 7#d7 ,reversion ,if the ,secretary determines that the land that is integral to the project described in paragraph 7#a7 ceases to be owned by the public1 all right1 title1 and interest in and to the land and improvements shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7k7 ,new ,savannah ,bluff ,lock and ,dam1 ,georgia and ,south ,carolina 7#a7 ,definitions ,in this subsection3 7,a7 ,new ,savannah ,bluff ,lock and ,dam ,the term ,new ,savannah ,bluff ,lock and ,dam has the meaning given the term in section #cdh7l77#a7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfcj7 7as in effect on the day before the date of enactment of this ,act74 7,b7 ,project ,the term ,project means the project for navigation1 ,savannah ,harbor expansion1 ,georgia1 authorized by section #gjjb7a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #acfd74 7#b7 ,deauthorization 7,a7 ,in general ,effective beginning on the date of enactment of this ,act-- 7i7 the ,new ,savannah ,bluff ,lock and ,dam is deauthorized2 and 7ii7 notwithstanding section #cdh7l77#b77;,b7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfcj2 #aad ,stat4 #bgfc;,a-#bbh7 7as in effect on the day before the date of enactment of this ,act7 or any other provision of law1 the ,new ,savannah ,bluff ,lock and ,dam shall not be conveyed to the city of ,north ,augusta and ,aiken ,county1 ,south ,carolina1 or any other non-,federal entity4 7,b7 ,repeal ,section #cdh of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfcj2 #aad ,stat4 #bgfc;,a-#bbh7 is amended-- 7i7 by striking subsection 7l72 and 7ii7 by redesignating subsections 7m7 and 7n7 as subsections 7l7 and 7m71 respectively4 7#c7 ,project modifications 7,a7 ,in general ,notwithstanding any other provision of law1 the ,project is modified to include1 as the ,secretary determines to be necessary-- 7i7 7,i7 repair of the lock wall of the ,new ,savannah ,bluff ,lock and ,dam and modification of the structure such that the structure is able-- 7aa7 to maintain the pool for navigation1 water supply1 and recreational activities1 as in existence on the date of enactment of this ,act2 and 7bb7 to allow safe passage via a rock ramp over the structure to historic spawning grounds of ,shortnose sturgeon1 ,atlantic sturgeon1 and other migratory fish2 or 7,,ii7 7aa7 construction at an appropriate location across the ,savannah ,river of a rock weir that is able to maintain the pool for water supply and recreational activities1 as in existence on the date of enactment of this ,act2 and 7bb7 removal of the ,new ,savannah ,bluff ,lock and ,dam on completion of construction of the weir2 and 7ii7 conveyance by the ,secretary to ,augusta-,richmond ,county1 ,georgia1 of the park and recreation area adjacent to the ,new ,savannah ,bluff ,lock and ,dam1 without consideration4 7,b7 ,operation and maintenance costs ,the ,federal share of the costs of operation and maintenance of any ,project feature constructed pursuant to subparagraph 7,a7 shall be #ajj percent4 #ejjb4 ,conveyances 7a7 ,pearl ,river1 ,mississippi and ,louisiana 7#a7 ,in general ,the project for navigation1 ,pearl ,river1 ,mississippi and ,louisiana1 authorized by the first section of the ,act of ,august #cj1 #aice 7#di ,stat4 #ajcc1 chapter #hca7 and section #aja of the ,river and ,harbor ,act of #aiff 7,public ,law #hi-ghi2 #hj ,stat4 #adje71 is no longer authorized as a ,federal project beginning on the date of enactment of this ,act4 7#b7 ,transfer 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the ,secretary is authorized to convey to a ,state or local interest1 without consideration1 all right1 title1 and interest of the ,united ,states in and to-- 7i7 any land in which the ,federal ,government has a property interest for the project described in paragraph 7#a72 and 7ii7 improvements to the land described in clause 7i74 7,b7 ,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 7,a71 including costs associated with any land survey required to determine the exact acreage and legal description of the land and improvements to be transferred4 7,c7 ,other terms and conditions ,a transfer under subparagraph 7,a7 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 ,states4 7#c7 ,reversion ,if the ,secretary determines that the land and improvements conveyed under paragraph 7#b7 ceases to be owned by the public1 all right1 title1 and interest in and to the land and improvements shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7b7 ,sardis lake1 ,mississippi 7#a7 ,in general ,the ,secretary is authorized to convey to the lessee1 at full fair market value1 all right1 title and interest of the ,united ,sates in and to the property identified in the leases numbered ,,dacw#ch-a-ae-g1 ,,dacw#ch-a-ae-cc1 ,,dacw#ch-a-ae-cd1 and ,,dacw#ch-a-ae-ch1 subject to such terms and conditions as the ,secretary determines to be necessary and appropriate to protect the interests of the ,united ,states4 7#b7 ,easement and restrictive covenant ,the conveyance under paragraph 7#a7 shall include-- 7,a7 a restrictive covenant to require the approval of the ,secretary for any substantial change in the use of the property2 and 7,b7 a flowage easement4 7c7 ,pensacola ,dam and ,reservoir1 ,grand ,river1 ,oklahoma 7#a7 ,in general ,notwithstanding the ,act of ,june #bh1 #aich 7#eb ,stat4 #abae1 chapter #gie71 as amended by section #c of the ,act of ,august #ah1 #aida 7#ee ,stat4 #fde1 chapter #cgg71 and notwithstanding section #c of the ,act of ,july #ca1 #aidf 7#fj ,stat4 #gdd1 chapter #gaj71 the ,secretary shall convey1 by quitclaim deed and without consideration1 to the ,grand ,river ,dam ,authority1 an agency of the ,state of ,oklahoma1 for flood control purposes1 all right1 title1 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 project1 together with any improvements on the property4 7#b7 ,flood control purposes ,if any interest in the real property described in paragraph 7#a7 ceases to be managed for flood control or other public purposes and is conveyed to a non-public entity1 the transferee1 as part of the conveyance1 shall pay to the ,united ,states the fair market value for the interest4 7#c7 ,no effect ,nothing in this subsection-- 7,a7 amends1 modifies1 or repeals any existing authority vested in the ,federal ,energy ,regulatory ,commission2 or 7,b7 amends1 modifies1 or repeals any authority of the ,secretary or the ,chief of ,engineers pursuant to section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji74 7d7 ,joe ,pool ,lake1 ,texas ,the ,secretary shall accept from the ,trinity ,river ,authority of ,texas1 if received by ,december #ca1 #bjaf1 #ca1bcc1dja as payment in full of amounts owed to the ,united ,states1 including any accrued interest1 for the approximately #fa1gdg4a acre-feet of water supply storage space in ,joe ,pool ,lake1 ,texas 7previously known as ,lakeview ,lake71 for which payment has not commenced under ,article #e4;a 7relating to project investment costs7 of contract number ,,dacw#fc-gf-;,c-#jajf as of the date of enactment of this ,act4 7e7 ,weber ,basin ,project1 ,utah 7#a7 ,in general ,the ,secretary of the ,interior shall allow for the prepayment of repayment obligations under the repayment contract numbered #ad-jf-djj-cc between the ,united ,states and the ,weber ,basin ,water ,conservancy ,district 7referred to in this subsection as the ,district71 dated ,december #ab1 #aieb1 and supplemented and amended on ,june #cj1 #aifa1 on ,april #ae1 #aiff1 on ,september #bj1 #aifh1 and on ,may #i1 #aihe1 including any other amendments and all related applicable contracts to the repayment contract1 providing for repayment of ,weber ,basin ,project construction costs allocated to irrigation and municipal and industrial purposes for which repayment is provided pursuant to the repayment contract under terms and conditions similar to the terms and conditions used in implementing the prepayment provisions in section #baj of the ,central ,utah ,project ,completion ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dfbd7 for prepayment of ,central ,utah ,project1 ,bonneville ,unit repayment obligations4 7#b7 ,authorizations and requirements ,the prepayment authorized under paragraph 7#a7-- 7,a7 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 section was not in effect2 7,b7 may be provided in several installments2 7,c7 may not be adjusted on the basis of the type of prepayment financing used by the ,district2 and 7,d7 shall be made in a manner that provides that total repayment is made not later than ,september #cj1 #bjbf4 ,,vi ,water resources infrastructure #fjja4 ,authorization of final feasibility studies ,the following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the ,secretary substantially in accordance with the plan1 and subject to the conditions1 described in the respective reports designated in this section3 7#a7 ,navigation ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs#a4 ,t,x,brazos ,island ,harbor,november #c1 #bjad;,federal3 #aaf1aaf1jjj,non-,federal3 #ace1hcf1jjj,total3 #bea1ieb1jjjb4 ,l,a,calcasieu ,lock,december #b1 #bjad;,federal3 #af1gjj1jjj,non-,federal3 #j,total3 #af1gjj1jjjc4 ,,nh1 ,m,e,portsmouth ,harbor and ,piscataqua ,river,february #h1 #bjae;,federal3 #ae1ehj1jjj,non-,federal3 #e1aij1jjj,total3 #bj1ggj1jjjd4 ,k,y,green ,river ,locks and ,dams #c1 #d1 #e1 and #f and ,barren ,river ,lock and ,dam #a ,disposition,april #cj1 #bjae;,federal3 #j ,non-,federal3 #j,total3 #je4 ,f,l,port ,everglades,june #be1 #bjae;,federal3 #bbj1bjj1jjj,non-,federal3 #ajb1ejj1jjj,total3 #cbb1gjj1jjjf4 ,a,k,little ,diomede,august #aj1 #bjae;,federal3 #bf1jae1jjj,non-,federal3 #b1ide1jjj,total3 #bh1ifj1jjjg4 ,s,c,charleston ,harbor ,september #h1 #bjae;,federal3 #bbd1cjj1jjj,non-,federal3 #bfi1jjj1jjj,total3 #dic1cjj1jjjh4 ,a,k,craig ,harbor,march #af1 #bjaf;,federal3 #bi1jfb1jjj,non-,federal3 #c1bee1jjj,total3 #cb1cag1jjji4 ,p,a,upper ,ohio ,river1 ,allegheny and ,beaver ,counties,september #ab1 #bjaf;,federal3 #a1cbd1bce1ejj,non-,federal3 #a1cbd1bce1ejj,total3 #b1fdh1dga1jjj 7#b7 ,flood risk management ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs#a4 ,t,x,leon ,creek ,watershed1 ,san ,antonio,june #cj1 #bjad;,federal3 #ah1cad1jjj,non-,federal3 #i1hfa1jjj,total3 #bh1age1jjjb4 ,,mo1 ,k,s,armourdale and ,central ,industrial ,district ,levee ,units1 ,missouri ,river and ,tributaries at ,kansas ,city,january #bg1 #bjae;,federal3 #bjg1jcf1jjj,non-,federal3 #aaa1dha1jjj,total3 #cah1eag1jjjc4 ,k,s,city of ,manhattan,april #cj1 #bjae;,federal3 #ae1ddj1ajj,non-,federal3 #h1cac1ijj,total3 #bc1ged1jjjd4 ,k,s,upper ,turkey ,creek ,basin,december #bb1 #bjae;,federal3 #bd1ehd1jjj ,non-,federal3 #ac1bch1jjj,total3 #cg1hbb1jjje4 ,n,c,princeville,february #bc1 #bjaf;,federal3 #ad1jja1jjj,non-,federal3 #g1eci1jjj,total3 #ba1edj1jjjf4 ,c,a,west ,sacramento ,april #bf1 #bjaf;,federal3 #ggf1eag1jjj,non-,federal3 #dad1jaa1jjj,total3 #a1aij1ebh1jjjg4 ,c,a,american ,river ,watershed ,common ,features,april #bf1 #bjaf;,federal3 #hgf1dgh1jjj,non-,federal3 #fhi1bgb1jjj,total3 #a1efe1gej1jjjh4 ,t,n,mill ,creek1 ,nashville,october #ae1 #bjae;,federal3 #ag1gei1jjj,non-,federal3 #aj1gde1jjj,total3 #bh1ejd1jjj 7#c7 ,hurricane and storm damage risk reduction ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,initial ,costs and ,estimated ,renourishment ,costs#a4 ,s,c,edisto ,beach1 ,colleton ,county,september #e1 #bjad;,initial ,federal3 #ac1gcc1hej;,initial ,non-,federal3 #g1cie1aej;,initial ,total3 #ba1abi1jjj,renourishment ,federal3 #af1cga1jjj,renourishment ,non-,federal3 #af1cga1jjj,renourishment ,total3 #cb1gdb1jjjb4 ,f,l,flagler ,county,december #bc1 #bjad;,initial ,federal3 #i1bah1cjj;,initial ,non-,federal3 #d1ifc1gjj;,initial ,total3 #ad1ahb1jjj,renourishment ,federal3 #ae1cij1jjj,renourishment ,non-,federal3 #ae1cij1jjj,renourishment ,total3 #cj1ghj1jjjc4 ,n,c,bogue ,banks1 ,carteret ,county,december #bc1 #bjad;,initial ,federal3 #bd1bfc1jjj ,initial ,non-,federal3 #ac1jfd1jjj ,initial ,total3 #cg1cbg1jjj ,renourishment ,federal3 #aad1gbh1jjj ,renourishment ,non-,federal3 #aad1gbh1jjj ,renourishment ,total3 #bbi1def1jjj #d4 ,n,j,hereford ,inlet to ,cape ,may ,inlet1 ,new ,jersey ,shoreline ,protection ,project1 ,cape ,may ,county,january #bc1 #bjae;,initial ,federal3 #ad1jdj1jjj ,initial ,non-,federal3 #g1efj1jjj ,initial ,total3 #ba1fjj1jjj ,renourishment ,federal3 #da1bae1jjj ,renourishment ,non-,federal3 #da1bae1jjj ,renourishment ,total3 #hb1dcj1jjj #e4 ,l,a,west ,shore ,lake ,pontchartrain,june #ab1 #bjae;,federal3 #dff1gfj1jjj ,non-,federal3 #bea1ccj1jjj ,total3 #gah1jij1jjj #f4 ,c,a,encinitas-,solana ,beach ,coastal ,storm ,damage ,reduction,april #bi1 #bjaf;,initial ,federal3 #bj1aff1jjj ,initial ,non-,federal3 #aj1heh1jjj ,initial ,total3 #ca1jbd1jjj ,renourishment ,federal3 #fh1bae1jjj ,renourishment ,non-,federal3 #fh1bae1jjj,renourishment ,total3 #acf1dcj1jjjg4 ,l,a,southwest ,coastal ,louisiana,july #bi1 #bjaf;,federal3 #b1jaa1bgi1jjj ,non-,federal3 #a1jhb1iig1jjj ,total3 #c1jid1bgf1jjj 7#d7 ,flood risk management and environmental restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs#a4 ,,il1 ,w,i,upper ,des ,plaines ,river and ,tributaries,june #h1 #bjae;,federal3 #aii1cic1jjj,non-,federal3 #ajg1fid1jjj,total3 #cjg1jhg1jjjb4 ,c,a,south ,san ,francisco ,bay ,shoreline,december #ah1 #bjae;,federal3 #fi1eba1jjj,non-,federal3 #ajd1cgi1jjj,total3 #agc1ijj1jjj 7#e7 ,environmental restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs#a4 ,f,l,central ,everglades ,planning ,project1 ,comprehensive ,everglades ,restoration ,plan1 ,central and ,southern ,florida ,project,december #bc1 #bjad;,federal3 #igf1cge1jjj,non-,federal3 #igd1fbe1jjj,total3 #a1iea1jjj1jjjb4 ,o,r,lower ,willamette ,river ,environmental ,dredging,december #ad1 #bjae;,federal3 #ai1adc1jjj,non-,federal3 #aj1fca1jjj,total3 #bi1ggd1jjjc4 ,w,a,skokomish ,river,december #ad1 #bjae;,federal3 #ab1ghb1jjj,non-,federal3 #f1hhb1jjj,total3 #ai1ffd1jjjd4 ,,cala ,river ,ecosystem ,restoration,december #ah1 #bjae;,federal3 #cge1ggc1jjj ,non-,federal3 #ihj1hce1jjj,total3 #a1cef1fjh1jjj 7#f7 ,special rule ,the portion of the ,mill ,creek ,flood ,risk ,management project authorized by paragraph 7#b7 that consists of measures within the ,mill ,creek ,basin shall be carried out pursuant to section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 #fjjb4 ,authorization of project modifications recommended by the ,secretary ,the following project modifications for water resources development and conservation and other purposes are authorized to be carried out by the ,secretary substantially in accordance with the recommendations of the ,director of ,civil ,works1 as specified in the reports referred to in this section3 ,a4 ,state,b4 ,name,c4 ,date of ,director's ,report,d4 ,updated ,authorization ,project ,costs#a4 ,,ks1 ,m,o,turkey ,creek ,basin,november #d1 #bjae;,estimated ,federal3 #ig1jfg1gej;,estimated ,non-,federal3 #ee1dfe1bej,total3 #aeb1ecc1jjjb4 ,m,o,blue ,river ,basin,november #f1 #bjae;,estimated ,federal3 #cd1hfj1jjj;,estimated ,non-,federal3 #aa1fbj1jjj,total3 #df1dhj1jjjc4 ,f,l,picayune ,strand,march #i1 #bjaf;,estimated ,federal3 #cjh1ihc1jjj;,estimated ,non-,federal3 #cjh1ihc1jjj,total3 #fag1ifg1jjjd4 ,k,y,ohio ,river ,shoreline,march #aa1 #bjaf;,estimated ,federal3 #bj1cji1ijj;,estimated ,non-,federal3 #aj1icf1ajj,total3 #ca1bdf1jjje4 ,t,x,houston ,ship ,channel,may #ac1 #bjaf;,estimated ,federal3 #cha1jcb1jjj;,estimated ,non-,federal3 #abg1agh1jjj,total3 #ejh1baj1jjjf4 ,a,z,rio de ,flag1 ,flagstaff,june #bb1 #bjaf;,estimated ,federal3 #fe1ead1fej;,estimated ,non-,federal3 #ce1cbb1cej,total3 #ajj1hcg1jjjg4 ,m,o,swope ,park ,industrial ,area1 ,blue ,river,april #ba1 #bjaf;,estimated ,federal3 #bj1bje1bej;,estimated ,non-,federal3 #aj1hgi1gej,total3 #ca1jhe1jjj #fjjc4 ,authorization of study and modification proposals submitted to ,congress by the ,secretary 7a7 ,arctic deep draft port development partnerships ,section #baje of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbdc7 is amended-- 7#a7 by striking 7#be ,u4,s4,c4 #dej;b77 each place it appears and inserting 7#be ,u4,s4,c4 #ecjd77 and a ,native village1 ,regional ,corporation1 or ,village ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb72 and 7#b7 by adding at the end the following3 7e7 ,consideration of national security interests ,in carrying out a study of the feasibility of an ,arctic deep draft port1 the ,secretary-- 7#a7 shall consult with the ,secretary of ,homeland ,security and the ,secretary of ,defense to identify national security benefits associated with an ,arctic deep draft port2 and 7#b7 if appropriate1 as determined by the ,secretary1 may determine a port described in paragraph 7#a7 is feasible based on the benefits described in that paragraph4 4 7b7 ,ouachita-,black ,rivers1 ,arkansas and ,louisiana ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for navigation1 ,ouachita-,black ,rivers1 authorized by section #aja of the ,river and ,harbor ,act of #aifj 7,public ,law #hf-fde2 #gd ,stat4 #dha7 to include bank stabilization and water supply as project purposes4 7c7 ,cache creek basin1 california 7#a7 ,in general ,the ,secretary shall prepare a general reevaluation report on the project for flood control1 ,cache ,creek ,basin1 ,california1 authorized by section #dja7;a7 of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #daab74 7#b7 ,requirements ,in preparing the report under paragraph 7#a71 the ,secretary shall identify specific needed modifications to existing project authorities-- 7,a7 to increase basin capacity2 7,b7 to decrease the long-term maintenance2 and 7,c7 to provide opportunities for ecosystem benefits for the ,sacramento ,river flood control project4 7d7 ,coyote ,valley ,dam1 ,california ,the ,secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction1 environmental restoration1 and water supply by modifying the ,coyote ,valley ,dam1 ,california4 7e7 ,del ,rosa drainage area1 ,california ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for flood control and ecosystem restoration in the cities of ,san ,bernardino and ,highland1 ,san ,bernardino ,county1 ,california4 7f7 ,merced county1 california ,the ,secretary shall prepare a general reevaluation report on the project for flood control1 ,merced ,county streams project1 ,california1 authorized by section #aj of the ,act of ,december #bb1 #aidd 7#eh ,stat4 #ijj2 chapter #ffe71 to investigate the flood risk management opportunities and improve levee performance along ,black ,rascal ,creek and ,bear ,creek4 7g7 ,mission-,zanja drainage area1 ,california ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for flood control and ecosystem restoration in the cities of ,redlands1 ,loma ,linda1 and ,san ,bernardino1 ,california1 and unincorporated counties of ,san ,bernardino ,county1 ,california4 7h7 ,santa ,ana ,river ,basin1 ,california ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for flood damage reduction by modifying the ,san ,jacinto and ,bautista ,creek ,improvement ,project1 part of the ,santa ,ana ,river ,basin ,project in ,riverside ,county1 ,california4 7i7 ,delaware ,bay coastline1 ,delaware and ,new ,jersey-,roosevelt ,inlet-,lewes ,beach1 ,delaware ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for shoreline protection and ecosystem restoration1 ,delaware ,bay ,coastline1 ,delaware and ,new ,jersey-,roosevelt ,inlet-,lewes ,beach1 ,delaware1 authorized by section #aja7;a77#ac7 of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #bgf71 to extend the authorized project limit from the current eastward terminus to a distance of #h1jjj feet east of the ,roosevelt ,inlet east jetty4 7j7 ,mispillion ,inlet1 ,conch ,bar1 ,delaware ,the ,secretary shall conduct a study to determine the feasibility of carrying out a project for navigation and shoreline protection at ,mispillion ,inlet and ,conch ,bar1 ,sussex ,county1 ,delaware4 7k7 ,daytona ,beach flood protection1 ,florida ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for flood control in the city of ,daytona ,beach1 ,florida4 7l7 ,brunswick ,harbor1 ,georgia ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for navigation1 ,brunswick ,harbor1 ,georgia1 authorized by section #aja7;a77#ai7 of the ,water ,resources and ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #bgg7-- 7#a7 to widen the existing bend in the ,federal navigation channel at the intersection of ,cedar ,hammock and ,brunswick ,point ,cut ,ranges2 and 7#b7 to extend the northwest side of the existing ,south ,brunswick ,river ,turning ,basin4 7m7 ,savannah ,river below ,augusta1 ,georgia ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for navigation1 ,savannah ,river below ,augusta1 ,georgia1 authorized by the first section of the ,act of ,july #c1 #aicj 7#df ,stat4 #ibd1 chapter #hdg71 to include aquatic ecosystem restoration1 water supply1 recreation1 sediment management1 and flood control as project purposes4 7n7 ,dubuque1 ,iowa ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for flood protection1 ,dubuque1 ,iowa1 authorized by section #bjh of the ,flood ,control ,act of #aife 7,public ,law #hi-bih2 #gi ,stat4 #ajhf71 to increase the level of flood protection and reduce flood damages4 7o7 ,mississippi ,river ship channel1 ,gulf to ,baton ,rouge1 ,louisiana ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for navigation1 ,mississippi ,river ,ship ,channel1 ,gulf to ,baton ,rouge1 ,louisiana1 authorized by section #bja7;a7 of the ,harbor ,development and ,navigation ,improvement ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djij71 to deepen the channel approaches and the associated area on the left descending bank of the ,mississippi ,river between mile #ih4c and mile #ajj4f ,above ,head of ,passes 7,,ahp7 to a depth equal to the ,channel4 7p7 ,st4 ,tammany ,parish ,government ,comprehensive ,coastal ,master ,plan1 ,louisiana ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects described in the ,st4 ,tammany ,parish ,comprehensive ,coastal ,master ,plan for flood control1 shoreline protection1 and ecosystem restoration in ,st4 ,tammany ,parish1 ,louisiana4 7q7 ,cayuga ,inlet1 ,ithaca1 ,new ,york ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for flood protection1 ,great ,lakes ,basin1 authorized by section #bjc of the ,flood ,control ,act of #aifj 7,public ,law #hf-fde2 #gd ,stat4 #dhh7 to include sediment management as a project purpose on the ,cayuga ,inlet1 ,ithaca1 ,new ,york4 7r7 ,chautauqua ,county1 ,new ,york 7#a7 ,in general ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for flood risk management1 navigation1 environmental dredging1 and ecosystem restoration on the ,cattaraugus1 ,silver ,creek1 and ,chautauqua ,lake tributaries in ,chautauqua ,county1 ,new ,york4 7#b7 ,evaluation of potential solutions ,in conducting the study under paragraph 7#a71 the ,secretary shall evaluate potential solutions to flooding from all sources1 including flooding that results from ice jams4 7s7 ,delaware ,river ,basin1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 ,delaware ,the ,secretary shall conduct a study to determine the feasibility of modifying the operations of the projects for flood control1 ,delaware ,river ,basin1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 and ,delaware1 authorized by section #aj of the ,flood ,control ,act of #aidf 7#fj ,stat4 #fdd1 chapter #eif71 and section #bjc of the ,flood ,control ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aahb71 to enhance opportunities for ecosystem restoration and water supply4 7t7 ,cincinnati1 ,ohio 7#a7 ,review ,the ,secretary shall review the ,central ,riverfront ,park ,master ,plan1 dated ,december #aiii1 and the ,ohio ,riverfront ,study1 ,cincinnati1 ,ohio1 dated ,august #bjjb1 to determine the feasibility of carrying out flood risk reduction1 ecosystem restoration1 and recreation components beyond the ecosystem restoration and recreation components that were undertaken pursuant to section #eaaf of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abch7 as a second phase of that project4 7#b7 ,authorization ,the project authorized under section #eaaf of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abch7 is modified to authorize the ,secretary to undertake the additional flood risk reduction and ecosystem restoration components described in paragraph 7#a71 at a total cost of #cj1jjj1jjj1 if the ,secretary determines that the additional flood risk reduction1 ecosystem restoration1 and recreation components1 considered together1 are feasible4 7u7 ,tulsa and ,west ,tulsa1 ,arkansas ,river1 ,oklahoma 7#a7 ,in general ,the ,secretary shall conduct a study to determine the feasibility of modifying the projects for flood risk management1 ,tulsa and ,west ,tulsa1 ,oklahoma1 authorized by section #c of the ,act of ,august #ah1 #aida 7#ee ,stat4 #fde2 chapter #cgg74 7#b7 ,requirements 7,a7 ,in general ,in carrying out the study under paragraph 7#a71 the ,secretary shall address project deficiencies1 uncertainties1 and significant data gaps1 including material1 construction1 and subsurface1 which render the project at risk of overtopping1 breaching1 or system failure4 7,b7 ,addressing deficiencies ,in addressing deficiencies under subparagraph 7,a71 the ,secretary shall incorporate current design standards and efficiency improvements1 including the replacement of mechanical and electrical components at pumping stations1 if the incorporation does not significantly change the scope1 function1 or purpose of the project4 7#c7 ,prioritization to address significant risks ,in any case in which a levee or levee system 7as defined in section #ijjb of the ,water ,resources ,reform and ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccja77 is classified as a ,class ,i or ,,ii under the levee safety action classification tool developed by the ,corps of ,engineers1 the ,secretary shall expedite the project for budget consideration4 7v7 ,johnstown1 ,pennsylvania ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for flood control1 ,johnstown1 ,pennsylvania1 authorized by the ,act of ,june #bb1 #aicf 7#di ,stat4 #aegj1 chapter #fhh2 #ej ,stat4 #hhj7 7commonly known as the ,flood ,control ,act of #aicf71 to include aquatic ecosystem restoration1 recreation1 sediment management1 and increase the level of flood control4 7w7 ,chacon ,creek1 ,texas ,notwithstanding any other provision of law 7including any resolution of a ,committee of ,congress71 the study conducted by the ,secretary described in the resolution adopted by the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on ,may #ba1 #bjjc1 relating to flood damage reduction1 environmental restoration and protection1 water conservation and supply1 water quality1 and related purposes in the ,rio ,grande ,watershed below ,falcon ,dam1 shall include the area above ,falcon ,dam4 7x7 ,corpus ,christi ,ship ,channel1 ,texas ,the ,secretary shall conduct a study to determine the feasibility of modifying the project for navigation and ecosystem restoration1 ,corpus ,christi ,ship ,channel1 ,texas1 authorized by section #ajja7dj7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #ajef71 to develop and evaluate alternatives that address navigation problems directly affecting the ,corpus ,christi ,ship ,channel1 ,la ,quinta ,channel1 and ,la ,quinta ,channel ,extension1 including deepening the ,la ,quinta ,channel1 #b turning basins1 and the wye at ,la ,quinta ,junction4 7y7 ,trinity ,river and ,tributaries1 ,texas 7#a7 ,review ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall review the economic analysis of the ,center for ,economic ,development and ,research of the ,university of ,north ,texas entitled ,estimated ,economic ,benefits of the ,modified ,central ,city ,project 7,trinity ,river ,vision7 in ,fort ,worth1 ,texas and dated ,november #bjad4 7#b7 ,authorization ,the project for flood control and other purposes on the ,trinity ,river and tributaries1 ,texas1 authorized by the ,river and ,harbor ,act of #aife 7,public ,law #hi-bih2 #gi ,stat4 #ajia71 as modified by section #aaf the ,energy and ,water ,development ,appropriations ,act1 #bjje 7,public ,law #ajh-ddg2 #aah ,stat4 #bidd71 is further modified to authorize the ,secretary to carry out projects described in the recommended plan of the economic analysis described in paragraph 7#a71 if the ,secretary determines1 based on the review referred to in paragraph 7#a71 that-- 7,a7 the economic analysis and the process by which the economic analysis was developed complies with ,federal law 7including regulations7 applicable to economic analyses for water resources development projects2 and 7,b7 based on the economic analysis1 the recommended plan in the supplement to the final environmental impact statement for the ,central ,city ,project1 ,upper ,trinity ,river entitled ,final ,supplemental ,no4 #a is economically justified4 7#c7 ,limitation ,the ,federal share of the cost of the recommended plan described in paragraph 7#b7 shall not exceed #ebj1jjj1jjj1 of which not more than #e1ejj1jjj may be expended to carry out recreation features of the project4 7z7 ,chincoteague ,island1 ,virginia ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for ecosystem restoration and flood control1 ,chincoteague ,island1 ,virginia1 authorized by section #h of ,public ,law #hi-aie 7#af ,u4,s4,c4 #dei;f-#g7 7commonly known as the ,assateague ,island ,national ,seashore ,act7 for-- 7#a7 assessing the current and future function of the barrier island1 inlet1 and coastal bay system surrounding ,chincoteague ,island2 7#b7 developing an array of options for resource management2 and 7#c7 evaluating the feasibility and cost associated with sustainable protection and restoration areas4 7aa7 ,burley ,creek ,watershed1 ,washington ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for flood control and aquatic ecosystem restoration in the ,burley ,creek ,watershed1 ,washington4 #fjjd4 ,expedited completion of reports ,the ,secretary shall expedite completion of the reports for the following projects1 in accordance with section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh71 and1 if the ,secretary determines that a project is justified in the completed report1 proceed directly to project preconstruction1 engineering1 and design in accordance with section #iaj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhg73 7#a7 ,the project for navigation1 ,st4 ,george ,harbor1 ,alaska4 7#b7 ,the project for flood risk management1 ,rahway ,river ,basin1 ,new ,jersey4 7#c7 ,the ,hudson-,raritan ,estuary ,comprehensive ,restoration ,project4 7#d7 ,the project for navigation1 ,mobile ,harbor1 ,alabama4 #fjje4 ,extension of expedited consideration in ,senate ,section #gjjd7;b77#d7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acgd7 is amended by striking #bjah and inserting #bjbj4 #fjjf4 ,,gao study on ,corps of ,engineers methodology and performance metrics 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general 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 study of the methodologies and performance metrics used by the ,corps of ,engineers to calculate benefit-to-cost ratios and evaluate construction projects4 7b7 ,considerations ,the study under subsection 7a7 shall address-- 7#a7 whether and to what extent the current methodologies and performance metrics place small and rural geographic areas at a competitive disadvantage2 7#b7 whether the value of property for which damage would be prevented as a result of a flood risk management project is the best measurement for the primary input in benefit-to-cost calculations for flood risk management projects2 7#c7 any recommendations for approaches to modify the metrics used to improve benefit-to-cost ratio results for small and rural geographic areas2 and 7#d7 whether a reevaluation of existing approaches and the primary criteria used to calculate the economic benefits of a ,corps of ,engineers construction project could provide greater construction project completion results for small and rural geographic areas without putting a strain on the budget of the ,corps of ,engineers4 #fjjg4 ,inventory assessment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete the assessment and inventory required under section #fjjb7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acdi74 #fjjh4 ,saint ,lawrence ,seaway modernization 7a7 ,definitions ,in this section3 7#a7 ,great ,lakes region ,the term ,great ,lakes region means the region comprised of the ,great ,lakes ,states4 7#b7 ,great ,lakes ,states ,the term ,great ,lakes ,states means each of the ,states of ,illinois1 ,indiana1 ,michigan1 ,minnesota1 ,ohio1 ,pennsylvania1 ,new ,york1 and ,wisconsin4 7#c7 ,seaway ,the term ,seaway means the ,saint ,lawrence ,seaway4 7b7 ,study 7#a7 ,in general ,the ,comptroller ,general1 in cooperation with appropriate ,federal1 ,state1 and local authorities1 shall conduct a study to-- 7,a7 assess the condition of the ,seaway2 and 7,b7 evaluate options available in the #bast century for modernizing the ,seaway as a globally significant transportation corridor4 7#b7 ,scope of study ,in conducting the study under paragraph 7#a71 the ,comptroller ,general shall-- 7,a7 assess the condition of the ,seaway and the capacity of the ,seaway to drive commerce and other economic activity in the ,great ,lakes region2 7,b7 detail the importance of the ,seaway to the functioning of the ,united ,states economy1 with an emphasis on the domestic manufacturing sector1 including the domestic steel manufacturing industry2 7,c7 evaluate options-- 7i7 to modernize physical navigation infrastructure1 facilities1 and related assets not operated or maintained by the ,secretary along the corridor of the ,seaway1 including an assessment of alternative means for the ,great ,lakes region to finance large-scale initiatives2 7ii7 to increase exports of domestically produced goods and study the trade balance and regional economic impact of the possible increase in imports of agricultural products1 steel1 aggregates1 and other goods commonly transported through the ,seaway2 7iii7 increase economic activity and development in the ,great ,lakes region by advancing the multimodal transportation and economic network in the region2 7iv7 ensure the competitiveness of the ,seaway as a transportation corridor in an increasingly integrated global transportation network2 and 7v7 attract tourists to the ,great ,lakes region by improving attractions and removing barriers to tourism and travel throughout the ,seaway2 and 7,d7 evaluate the existing and potential financing authorities of the ,seaway as compared to other ,federal agencies and instrumentalities with development responsibilities4 7#c7 ,deadline ,the ,comptroller ,general shall complete the study under paragraph 7#a7 as soon as practicable and not later than #b years after the date of enactment of this ,act4 7#d7 ,coordination ,the ,comptroller ,general shall conduct the study under paragraph 7#a7 with input from representatives of the ,saint ,lawrence ,seaway ,development ,corporation1 the ,economic ,development ,administration1 the ,coast ,guard1 the ,corps of ,engineers1 the ,department of ,homeland ,security1 and ,state and local entities 7including port authorities throughout the ,seaway74 7#e7 ,report ,the ,comptroller ,general shall submit to ,congress a report on the results of the study under paragraph 7#a7 not later than the earlier of-- 7,a7 the date that is #ahj days after the date on which the study is completed2 or 7,b7 the date that is #cj months after the date of enactment of this ,act4 #fjji4 ,yazoo ,basin1 ,mississippi ,the authority of the ,secretary to carry out the project for flood damage reduction1 bank stabilization1 and sediment and erosion control known as the ,yazoo ,basin1 ,mississippi1 ,mississippi ,delta ,headwater ,project1 ,,ms1 authorized by title ,i of ,public ,law #ih-h 7#ig ,stat4 #bb71 as amended1 shall not be limited to watersheds referenced in reports accompanying appropriations bills for previous fiscal years4 ,,vii ,safe drinking water and clean water infrastructure #gjja4 ,definition of ,administrator ,in this title1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 #gjjb4 ,sense of the ,senate on appropriations levels and findings on economic impacts 7a7 ,sense of the ,senate ,it is the sense of the ,senate that ,congress should provide robust funding for the ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 and the ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq474 7b7 ,findings ,congress finds1 based on an analysis sponsored by the ,water ,environment ,federation and the ,wate,reuse ,association of the nationwide impact of ,state revolving loan fund spending using the ,,implan economic model developed by the ,federal ,government1 that1 in addition to the public health and environmental benefits1 the ,federal investment in safe drinking water and clean water provides the following benefits3 7#a7 ,generation of significant ,federal tax revenue1 as evidenced by the following3 7,a7 ,every dollar of a ,federal capitalization grant returns #j4ba to the general fund of the ,treasury in the form of ,federal taxes and1 when additional spending from the ,state revolving loan funds is considered to be the result of leveraging the ,federal investment1 every dollar of a ,federal capitalization grant returns #j4ic in ,federal tax revenue4 7,b7 ,a combined #cd1gjj1jjj1jjj in capitalization grants for the clean water and state drinking water state revolving loan funds described in subsection 7a7 over a period of #e years would generate #g1dcj1jjj1jjj in ,federal tax revenue and1 when additional spending from the ,state revolving loan funds is considered to be the result of leveraging the ,federal investment1 the ,federal investment will result in #cb1cjj1jjj1jjj in ,federal tax revenue during that #e-year period4 7#b7 ,an increase in employment1 as evidenced by the following3 7,a7 ,every #a1jjj1jjj in ,state revolving loan fund spending generates #af jobs4 7,b7 #cd1gjj1jjj1jjj in ,federal capitalization grants for ,state revolving loan funds over a period of #e years would result in #ejf1jjj jobs4 7#c7 ,an increase in economic output3 7,a7 ,every #a1jjj1jjj in ,state revolving loan fund spending results in #b1iej1jjj in output for the economy of the ,united ,states4 7,b7 #cd1gjj1jjj1jjj in ,federal capitalization grants for ,state revolving loan funds over a period of #e years will generate #ajb1gjj1jjj1jjj in total economic output4 ,a ,drinking water #gaja4 ,preconstruction work ,section #adeb7;a77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b77 is amended-- 7#a7 by designating the first1 second1 third1 fourth1 and fifth sentences as subparagraphs 7,a71 7,b71 7,d71 7,e71 and 7,f71 respectively2 7#b7 in subparagraph 7,b7 7as designated by paragraph 7#a77 by striking 7not and inserting 7including expenditures for planning1 design1 and associated preconstruction activities1 including activities relating to the siting of the facility1 but not2 and 7#c7 by inserting after subparagraph 7,b7 7as designated by paragraph 7#a77 the following3 7,c7 ,sale of bonds ,funds may also be used by a public water system as a source of revenue 7restricted solely to interest earnings of the applicable ,state loan fund7 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 7e71 if the proceeds of the sale of the bonds will be deposited in the ,state loan fund4 4 #gajb4 ,priority system requirements ,section #adeb7;b77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77#c77 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,definition of restructuring ,in this paragraph1 the term restructuring means changes in operations 7including ownership1 cooperative partnerships1 asset management1 consolidation1 and alternative water supply74 7,b7 ,priority system ,an intended use plan shall provide1 to the maximum extent practicable1 that priority for the use of funds be given to projects that-- 7i7 address the most serious risk to human health2 7ii7 are necessary to ensure compliance with this title 7including requirements for filtration72 7iii7 assist systems most in need on a per-household basis according to ,state affordability criteria2 and 7iv7 improve the sustainability of systems4 7,c7 ,weight given to applications ,after determining project priorities under subparagraph 7,b71 an intended use plan shall provide that the ,state shall give greater weight to an application for assistance by a community water system if the application includes such information as the ,state determines to be necessary and contains-- 7i7 a description of utility management best practices undertaken by a treatment works applying for assistance1 including-- 7,i7 an inventory of assets1 including any lead service lines1 and a description of the condition of the assets2 7,,ii7 a schedule for replacement of assets2 7,,iii7 a financing plan that factors in all lifecycle costs indicating sources of revenue from ratepayers1 grants1 bonds1 other loans1 and other sources to meet the costs2 and 7,,iv7 a review of options for restructuring the public water system2 7ii7 demonstration of consistency with ,state1 regional1 and municipal watershed plans2 7iii7 a water conservation plan consistent with guidelines developed for those plans by the ,administrator under section #adee7;a72 and 7iv7 approaches to improve the sustainability of the system1 including-- 7,i7 water efficiency or conservation1 including the rehabilitation or replacement of existing leaking pipes2 7,,ii7 use of reclaimed water2 7,,iii7 actions to increase energy efficiency2 and 7,,iv7 implementation of plans to protect source water identified in a source water assessment under section #adec4 2 and 7#c7 in subparagraph 7,d7 7as redesignated by paragraph 7#a771 by striking periodically and inserting at least biennially4 #gajc4 ,administration of ,state loan funds ,section #adeb7;g77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;g77#b77 is amended-- 7#a7 in the first sentence1 by striking up to #d percent of the funds allotted to the ,state under this section and inserting 1 for each fiscal year1 an amount that does not exceed the sum of the amount of any fees collected by the ,state for use in covering reasonable costs of administration of programs under this section1 regardless of the source1 and an amount equal to the greatest of #djj1jjj1 #a_/e percent of the current valuation of the fund1 or #d percent of all grant awards to the fund under this section for the fiscal year12 and 7#b7 by striking #adai1 and all that follows through #aiic4 and inserting #adai44 #gajd4 ,other authorized activities ,section #adeb7k7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7k77 is amended-- 7#a7 in paragraph 7#a77;,d71 by inserting before the period at the end the following3 and the implementation of plans to protect source water identified in a source water assessment under section #adec2 and 7#b7 in paragraph 7#b77;,e71 by inserting after wellhead protection programs the following3 and implement plans to protect source water identified in a source water assessment under section #adec4 #gaje4 ,negotiation of contracts ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended by adding at the end the following3 7s7 ,negotiation of contracts ,for communities with populations of more than #aj1jjj individuals1 a contract to be carried out using funds directly made available by a capitalization grant under this section for program management1 construction management1 feasibility studies1 preliminary engineering1 design1 engineering1 surveying1 mapping1 or architectural or related services shall be negotiated in the same manner as-- 7#a7 a contract for architectural and engineering services is negotiated under chapter #aa of title #dj1 ,united ,states ,code2 or 7#b7 an equivalent ,state qualifications-based requirement 7as determined by the ,governor of the ,state74 4 #gajf4 ,assistance for small and disadvantaged communities 7a7 ,in general ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding at the end the following3 #adei;,a4 ,assistance for small and disadvantaged communities 7a7 ,definition of underserved community ,in this section3 7#a7 ,in general ,the term underserved community means a local political subdivision that1 as determined by the ,administrator1 has an inadequate drinking water or wastewater system4 7#b7 ,inclusions ,the term underserved community includes a local political subdivision that either1 as determined by the ,administrator-- 7,a7 does not have household drinking water or wastewater services2 or 7,b7 has a drinking water system that fails to meet health-based standards under this ,act1 including-- 7i7 a maximum contaminant level for a primary drinking water contaminant2 7ii7 a treatment technique violation2 and 7iii7 an action level exceedance4 7b7 ,establishment 7#a7 ,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 ,act4 7#b7 ,inclusions ,projects and activities under paragraph 7#a7 include-- 7,a7 infrastructure investments necessary to comply with the requirements of this ,act1 7,b7 assistance that directly and primarily benefits the disadvantaged community on a per-household basis1 and 7,c7 programs to provide household water quality testing1 including testing for unregulated contaminants4 7c7 ,eligible entities ,an entity eligible to receive a grant under this section-- 7#a7 is-- 7,a7 a public water system as defined in section #adja2 7,b7 a system that is located in an area governed by an ,indian ,tribe 7as defined in section #adja72 or 7,c7 a ,state1 on behalf of an underserved community2 and 7#b7 serves a community that1 under affordability criteria established by the ,state under section #adeb7;d77#c71 is determined by the ,state-- 7,a7 to be a disadvantaged community2 7,b7 to be a community that may become a disadvantaged community as a result of carrying out an eligible activity2 or 7,c7 to serve a community with a population of less than #aj1jjj individuals that the ,administrator determines does not have the capacity to incur debt sufficient to finance the project under subsection 7b74 7d7 ,priority ,in prioritizing projects for implementation under this section1 the ,administrator shall give priority to systems that serve underserved communities4 7e7 ,local participation ,in prioritizing projects for implementation under this section1 the ,administrator shall consult with1 and consider the priorities of1 affected ,states1 ,indian ,tribes1 and local governments4 7f7 ,technical1 managerial1 and financial capability ,the ,administrator may provide assistance to increase the technical1 managerial1 and financial capability of an eligible entity receiving a grant under this section if the ,administrator determines that the eligible entity lacks appropriate technical1 managerial1 and financial capability4 7g7 ,cost sharing ,before carrying out any project under this section1 the ,administrator shall enter into a binding agreement with #a or more non-,federal interests that shall require the non-,federal interests-- 7#a7 to pay not less than #de percent of the total costs of the project1 which may include services1 materials1 supplies1 or other in-kind contributions2 7#b7 to provide any land1 easements1 rights-of-way1 and relocations necessary to carry out the project2 and 7#c7 to pay #ajj percent of any operation1 maintenance1 repair1 replacement1 and rehabilitation costs associated with the project4 7h7 ,waiver ,the ,administrator may waive the requirement to pay the non-,federal share of the cost of carrying out an eligible activity using funds from a grant provided under this section if the ,administrator determines that an eligible entity is unable to pay1 or would experience significant financial hardship if required to pay1 the non-,federal share4 7i7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #bcj1jjj1jjj for fiscal year #bjag2 and 7#b7 #cjj1jjj1jjj for each of fiscal years #bjah through #bjba4 4 7b7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to provide grants to eligible entities under section #adei;,a of the ,safe ,drinking ,water ,act 7as added by subsection 7a771 #bj1jjj1jjj1 to remain available until expended4 #gajg4 ,reducing lead in drinking water 7a7 ,in general ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 7as amended by section #gajf7 is amended by adding at the end the following3 #adei;,b4 ,reducing lead in drinking water 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a community water system2 7,b7 a system located in an area governed by an ,indian ,tribe2 7,c7 a nontransient noncommunity water system2 7,d7 a qualified nonprofit organization1 as determined by the ,administrator2 and 7,e7 a municipality or ,state1 interstate1 or intermunicipal agency4 7#b7 ,lead reduction project 7,a7 ,in general ,the term lead reduction project means a project or activity the primary purpose of which is to reduce the level of lead in water for human consumption by-- 7i7 replacement of publicly owned lead service lines2 7ii7 testing1 planning1 or other relevant activities1 as determined by the ,administrator1 to identify and address conditions 7including corrosion control7 that contribute to increased lead levels in water for human consumption2 7iii7 assistance to low-income homeowners to replace privately owned service lines1 pipes1 fittings1 or fixtures that contain lead2 and 7iv7 education of consumers regarding measures to reduce exposure to lead from drinking water or other sources4 7,b7 ,limitation ,the term lead reduction project does not include a partial lead service line replacement if1 at the conclusion of the service line replacement1 drinking water is delivered to a household through a publicly or privately owned portion of a lead service line4 7#c7 ,low-income ,the term low-income1 with respect to an individual provided assistance under this section1 has such meaning as may be given the term by the head of the municipality or ,state1 interstate1 or intermunicipal agency with jurisdiction over the area to which assistance is provided4 7#d7 ,municipality ,the term municipality means-- 7,a7 a city1 town1 borough1 county1 parish1 district1 association1 or other public entity established by1 or pursuant to1 applicable ,state law2 and 7,b7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7b7 ,grant program 7#a7 ,establishment ,the ,administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the ,united ,states4 7#b7 ,precondition ,as a condition of receipt of assistance under this section1 before receiving the assistance the eligible entity shall take steps to identify-- 7,a7 the source of lead in water for human consumption2 and 7,b7 the means by which the proposed lead reduction project would reduce lead levels in the applicable water system4 7#c7 ,priority application ,in providing grants under this subsection1 the ,administrator shall give priority to an eligible entity that-- 7,a7 the ,administrator determines1 based on affordability criteria established by the ,state under section #adeb7;d77#c71 to be a disadvantaged community2 and 7,b7 proposes to-- 7i7 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 at any time during the #c-year period preceding the date of submission of the application of the eligible entity2 7ii7 address lead levels in water for human consumption at a school1 daycare1 or other facility that primarily serves children or other vulnerable human subpopulation2 or 7iii7 address such priority criteria as the ,administrator may establish1 consistent with the goal of reducing lead levels of concern4 7#d7 ,cost sharing 7,a7 ,in general ,subject to subparagraph 7,b71 the non-,federal share of the total cost of a project funded by a grant under this subsection shall be not less than #bj percent4 7,b7 ,waiver ,the ,administrator may reduce or eliminate the non-,federal share under subparagraph 7,a7 for reasons of affordability1 as the ,administrator determines to be appropriate4 7#e7 ,low-income assistance 7,a7 ,in general ,subject to subparagraph 7,b71 an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to carry out lead reduction projects4 7,b7 ,limitation ,the amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the cost of replacement of the privately owned portion of the service line4 7#f7 ,special consideration for lead service line replacement ,in carrying out lead service line replacement using a grant under this subsection1 an eligible entity shall-- 7,a7 notify customers of the replacement of any publicly owned portion of the lead service line2 7,b7 in the case of a homeowner who is not low-income1 offer to replace the privately owned portion of the lead service line at the cost of replacement2 7,c7 in the case of a low-income homeowner1 offer to replace the privately owned portion of the lead service line and any pipes1 fitting1 and fixtures that contain lead at a cost that is equal to the difference between-- 7i7 the cost of replacement2 and 7ii7 the amount of low-income assistance available to the homeowner under paragraph 7#e72 7,d7 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 line2 and 7,e7 demonstrate that the eligible entity has considered options for reducing lead in drinking water1 including an evaluation of options for corrosion control4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #fj1jjj1jjj for each of fiscal years #bjag through #bjba4 4 7b7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to provide grants to eligible entities under this section under section #adei;,b of the ,safe ,drinking ,water ,act 7as added by subsection 7a771 #bj1jjj1jjj1 to remain available until expended4 #gajh4 ,regional liaisons for minority1 tribal1 and low-income communities 7a7 ,in general ,the ,administrator shall appoint not fewer than #a employee in each regional office of the ,environmental ,protection ,agency to serve as a liaison to minority1 tribal1 and low-income communities in the relevant region4 7b7 ,public identification ,the ,administrator shall identify each regional liaison selected under subsection 7a7 on the website of-- 7#a7 the relevant regional office of the ,environmental ,protection ,agency2 and 7#b7 the ,office of ,environmental ,justice of the ,environmental ,protection ,agency4 #gaji4 ,notice to persons served 7a7 ,exceedance of lead action level ,section #adad7;c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7;c77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,d7 ,notice of any exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section #adab1 including the concentrations of lead found in a monitoring activity4 2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c7-- 7i7 in clause 7iii7-- 7,i7 by striking ,administrator or and inserting ,administrator1 the ,director of the ,centers for ,disease ,control and ,prevention1 and1 if applicable12 and 7,,ii7 by inserting and the appropriate ,state and county health agencies after #adac2 7,b7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 ,exceedance of lead action level ,regulations issued under subparagraph 7,a7 shall specify notification procedures for an exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section #adab4 2 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,notification of the public relating to lead 7,a7 ,exceedance of lead action level ,not later than #ae days after the date of an exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section #adab1 the ,administrator shall notify the public of the concentrations of lead found in the monitoring activity conducted by the public water system if the public water system or the ,state does not notify the public of the concentrations of lead found in a monitoring activity4 7,b7 ,results of lead monitoring 7i7 ,in general ,the ,administrator may provide notice of any result of lead monitoring conducted by a public water system to-- 7,i7 any person that is served by the public water system2 or 7,,ii7 the local or ,state health department of a locality or ,state in which the public water system is located4 7ii7 ,form of notice ,the ,administrator may provide the notice described in clause 7i7 by-- 7,i7 press release2 or 7,,ii7 other form of communication1 including local media4 7,c7 ,privacy ,notice to the public shall protect the privacy of individual customer information4 2 and 7#e7 by adding at the end the following3 7#f7 ,strategic plan ,not later than #abj days after the date of enactment of this paragraph1 the ,administrator1 in collaboration with ,states and owners and operators of public water systems1 shall establish a strategic plan for how the ,administrator1 a ,state with primary enforcement responsibility1 and the owners and operators of public water systems shall conduct targeted outreach1 education1 technical assistance1 and risk communication to populations affected by lead in a public water system4 4 7b7 ,conforming amendments ,section #adad7;c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7;c77 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking paragraph 7#b77;,e7 and inserting paragraph 7#b77;,f72 7#b7 in paragraph 7#b77;,b77i77,,ii71 by striking subparagraph 7,d7 and inserting subparagraph 7,e72 and 7#c7 in paragraph 7#d77;,b7 7as redesignated by subsection 7a77#c771 in the first sentence1 by striking 7,d7 and inserting 7,e74 #gaaj4 ,electronic reporting of drinking water data ,section #adad of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7 is amended by adding at the end the following3 7j7 ,electronic reporting of compliance monitoring data 7#a7 ,in general ,the ,administrator shall require electronic submission of available compliance monitoring data1 if practicable-- 7,a7 by public water systems 7or a certified laboratory on behalf of a public water system7-- 7i7 to the ,administrator2 or 7ii7 with respect to a public water system in a ,state that has primary enforcement responsibility under section #adac1 to that ,state2 and 7,b7 by each ,state that has primary enforcement responsibility under section #adac to the ,administrator1 as a condition on the receipt of funds under this ,act4 7#b7 ,considerations ,in determining whether the requirement referred to in paragraph 7#a7 is practicable1 the ,administrator shall consider-- 7,a7 the ability of a public water system 7or a certified laboratory on behalf of a public water system7 or a ,state to meet the requirements of sections #c4a through #c4bjjj of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 information system compatibility2 7,c7 the size of the public water system2 and 7,d7 the size of the community served by the public water system4 4 #gaaa4 ,lead testing in school and child care drinking water 7a7 ,in general ,section #adfd of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,voluntary school and child care lead testing grant program 7#a7 ,definitions ,in this subsection3 7,a7 ,child care program ,the term child care program has the meaning given the term early childhood education program in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7,b7 ,local educational agency ,the term local educational agency means-- 7i7 a local educational agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7ii7 a tribal education agency 7as defined in section #c of the ,national ,environmental ,education ,act 7#bj ,u4,s4,c4 #eejb772 and 7iii7 an operator of a child care program facility licensed under ,state law4 7#b7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 the ,administrator shall establish a voluntary school and child care 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 agencies4 7,b7 ,grants to local educational agencies ,the ,administrator may make grants directly available to local educational agencies for the voluntary testing described in subparagraph 7,a7 in-- 7i7 any ,state that does not participate in the voluntary school and child care lead testing grant program established under that subparagraph2 and 7ii7 any direct implementation area4 7#c7 ,application ,to be eligible to receive a grant under this subsection1 a ,state or local educational agency shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#d7 ,limitation on use of funds ,not more than #d percent of grant funds accepted under this subsection shall be used to pay the administrative costs of carrying out this subsection4 7#e7 ,guidance2 public availability ,as a condition of receiving a grant under this subsection1 the ,state or local educational agency shall ensure that each local educational agency to which grant funds are distributed shall-- 7,a7 expend grant funds in accordance with-- 7i7 the guidance of the ,environmental ,protection ,agency entitled #c,ts for ,reducing ,lead in ,drinking ,water in ,schools3 ,revised ,technical ,guidance and dated ,october #bjjf 7or any successor guidance72 or 7ii7 applicable ,state regulations or guidance regarding reducing lead in drinking water in schools and child care programs that is not less stringent than the guidance referred to in clause 7i72 and 7,b7 7i7 make available in the administrative offices1 and to the maximum extent practicable1 on the ,internet website1 of the local educational agency for inspection by the public 7including teachers1 other school personnel1 and parents7 a copy of the results of any voluntary testing for lead contamination in school and child care program drinking water that is carried out with grant funds under this subsection2 and 7ii7 notify parent1 teacher1 and employee organizations of the availability of the results described in clause 7i74 7#f7 ,maintenance of effort ,if resources are available to a ,state or local educational agency from any other ,federal agency1 a ,state1 or a private foundation for testing for lead contamination in drinking water1 the ,state or local educational agency shall demonstrate that the funds provided under this subsection will not displace those resources4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjag through #bjba4 4 7b7 ,repeal ,section #adfe of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#be7 is repealed4 #gaab4 ,water,sense program ,the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding after ,part ,f the following3 ,g ,additional provisions #adga4 ,water,sense program 7a7 ,establishment of ,water,sense program 7#a7 ,in general ,there is established within the ,agency a voluntary ,water,sense program to identify and promote water-efficient products1 buildings1 landscapes1 facilities1 processes1 and services that1 through voluntary labeling of1 or other forms of communications regarding1 products1 buildings1 landscapes1 facilities1 processes1 and services while meeting strict performance criteria1 sensibly-- 7,a7 reduce water use2 7,b7 reduce the strain on public and community water systems and wastewater and stormwater infrastructure2 7,c7 conserve energy used to pump1 heat1 transport1 and treat water2 and 7,d7 preserve water resources for future generations4 7#b7 ,inclusions ,the ,administrator shall1 consistent with this section1 identify water-efficient products1 buildings1 landscapes1 facilities1 processes1 and services1 including categories such as-- 7,a7 irrigation technologies and services2 7,b7 point-of-use water treatment devices2 7,c7 plumbing products2 7,d7 reuse and recycling technologies2 7,e7 landscaping and gardening products1 including moisture control or water enhancing technologies2 7,f7 xeriscaping and other landscape conversions that reduce water use2 7,g7 whole house humidifiers2 and 7,h7 water-efficient buildings or facilities4 7b7 ,duties ,the ,administrator1 coordinating as appropriate with the ,secretary of ,energy1 shall-- 7#a7 establish-- 7,a7 a ,water,sense label to be used for items meeting the certification criteria established in accordance with this section2 and 7,b7 the procedure1 including the methods and means1 and criteria by which an item may be certified to display the ,water,sense label2 7#b7 enhance public awareness regarding the ,water,sense label through outreach1 education1 and other means2 7#c7 preserve the integrity of the ,water,sense label by-- 7,a7 establishing and maintaining feasible performance criteria so that products1 buildings1 landscapes1 facilities1 processes1 and services labeled with the ,water,sense label perform as well or better than less water-efficient counterparts2 7,b7 overseeing ,water,sense certifications made by third parties2 7,c7 as determined appropriate by the ,administrator1 using testing protocols1 from the appropriate1 applicable1 and relevant consensus standards1 for the purpose of determining standards compliance2 and 7,d7 auditing the use of the ,water,sense label in the marketplace and preventing cases of misuse2 and 7#d7 not more than #f years after adoption or major revision of any ,water,sense specification1 review and1 if appropriate1 revise the specification to achieve additional water savings2 7#e7 in revising a ,water,sense specification-- 7,a7 provide reasonable notice to interested parties and the public of any changes1 including effective dates1 and an explanation of the changes2 7,b7 solicit comments from interested parties and the public prior to any changes2 7,c7 as appropriate1 respond to comments submitted by interested parties and the public2 and 7,d7 provide an appropriate transition time prior to the applicable effective date of any changes1 taking into account the timing necessary for the manufacture1 marketing1 training1 and distribution of the specific water-efficient product1 building1 landscape1 process1 or service category being addressed2 and 7#f7 not later than ,december #ca1 #bjah1 consider for review and revision any ,water,sense specification adopted before ,january #a1 #bjab4 7c7 ,transparency ,the ,administrator shall1 to the maximum extent practicable and not less than annually1 regularly estimate and make available to the public the production and relative market shares and savings of water1 energy1 and capital costs of water1 wastewater1 and stormwater attributable to the use of ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services4 7d7 ,distinction of authorities ,in setting or maintaining specifications for ,energy ,star pursuant to section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a71 and ,water,sense under this section1 the ,secretary of ,energy and ,administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs4 7e7 ,no warranty ,a ,water,sense label shall not create an express or implied warranty4 4 #gaac4 ,water supply cost savings 7a7 ,findings ,congress finds that-- 7#a7 the ,united ,states is facing a drinking water infrastructure funding crisis2 7#b7 the ,environmental ,protection ,agency projects a shortfall of approximately #chd1jjj1jjj1jjj in funding for drinking water infrastructure from #bjae to #bjce and this funding challenge is particularly acute in rural communities in the ,united ,states2 7#c7 there are approximately #eb1jjj community water systems in the ,united ,states1 of which nearly #db1jjj are small community water systems2 7#d7 the ,drinking ,water ,needs ,survey conducted by the ,environmental ,protection ,agency in #bjaa placed the shortfall in drinking water infrastructure funding for small communities1 which consist of #c1cjj or fewer persons1 at #fd1ejj1jjj1jjj2 7#e7 small communities often cannot finance the construction and maintenance of drinking water systems because the cost per resident for the investment would be prohibitively expensive2 7#f7 drought conditions have placed significant strains on existing surface water supplies2 7#g7 many communities across the ,united ,states are considering the use of groundwater and community well systems to provide drinking water2 and 7#h7 approximately #db1jjj1jjj people in the ,united ,states receive drinking water from individual wells and millions more rely on community well systems for drinking water4 7b7 ,sense of the ,senate ,it is the sense of the ,senate that providing rural communities with the knowledge and resources necessary to fully use alternative drinking water systems1 including wells and community well systems1 can provide safe and affordable drinking water to millions of people in the ,united ,states4 7c7 ,drinking water technology clearinghouse ,the ,administrator and the ,secretary of ,agriculture shall-- 7#a7 update existing programs of the ,environmental ,protection ,agency and the ,department of ,agriculture designed to provide drinking water technical assistance to include information on cost-effective1 innovative1 and alternative drinking water delivery systems1 including systems that are supported by wells2 and 7#b7 disseminate information on the cost effectiveness of alternative drinking water delivery systems1 including wells and well systems1 to communities and not-for-profit organizations seeking ,federal funding for drinking water systems serving #ejj or fewer persons4 7d7 ,water system assessment ,notwithstanding any other provision of law1 in any application for a grant or loan from the ,federal ,government or a ,state that is using ,federal assistance for a drinking water system serving #ejj or fewer persons1 a unit of local government or not-for-profit organization shall self-certify that the unit of local government or organization has considered1 as an alternative drinking water supply1 drinking water delivery systems sourced by publicly owned-- 7#a7 individual wells2 7#b7 shared wells2 and 7#c7 community wells4 7e7 ,report to congress ,not later than #c years after the date of enactment of this ,act1 the ,administrator and the ,secretary of ,agriculture shall submit to ,congress a report that describes-- 7#a7 the use of innovative and alternative drinking water systems described in this section2 7#b7 the range of cost savings for communities using innovative and alternative drinking water systems described in this section2 and 7#c7 the use of drinking water technical assistance programs operated by the ,administrator and the ,secretary of ,agriculture4 #gaad4 ,small system technical assistance ,section #adeb7q7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7q77 is amended by striking appropriated and all that follows through #bjjc and inserting made available for each of fiscal years #bjaf through #bjba4 #gaae4 ,definition of ,indian tribe ,section #adja7ad7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj7;f77#ad77 is amended by striking section #adeb and inserting sections #adeb1 #adei;,a1 and #adei;,b4 #gaaf4 ,technical assistance for tribal water systems 7a7 ,technical assistance ,section #addb7;e77#g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7;e77#g77 is amended by striking ,tribes and inserting tribes1 including grants to provide training and operator certification services under section #adeb7;i77#e74 7b7 ,indian tribes ,section #adeb7;i7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;i77 is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by striking ,tribes and ,alaska ,native villages and inserting tribes1 ,alaska ,native villages1 and1 for the purpose of carrying out paragraph 7#e71 intertribal consortia or tribal organizations2 and 7#b7 by adding at the end the following3 7#e7 ,training and operator certification 7,a7 ,in general ,the ,administrator may use funds made available under this subsection and section #addb7;e77#g7 to make grants to intertribal consortia or tribal organizations for the purpose of providing operations and maintenance training and operator certification services to ,indian tribes4 7,b7 ,eligible tribal organizations ,an intertribal consortium or tribal organization eligible for a grant under subparagraph 7,a7 is an intertribal consortium or tribal organization that-- 7i7 is the most qualified to provide training and technical assistance to ,indian tribes2 and 7ii7 ,indian tribes determine to be the most beneficial and effective4 4 #gaag4 ,requirement for the use of ,american materials ,section #adeb7;a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77 is amended by adding at the end the following3 7#d7 ,requirement for the use of ,american materials 7,a7 ,definition of iron and steel products ,in this paragraph1 the term iron and steel products means the following products made1 in part1 of iron or steel3 7i7 ,lined or unlined pipe and fittings4 7ii7 ,manhole covers and other municipal castings4 7iii7 ,hydrants4 7iv7 ,tanks4 7v7 ,flanges4 7vi7 ,pipe clamps and restraints4 7vii7 ,valves4 7viii7 ,structural steel4 7ix7 ,reinforced precast concrete4 7x7 ,construction materials4 7,b7 ,requirement ,except as provided in subparagraph 7,c71 funds made available by a ,state loan fund authorized under this section may not be used for a project for the construction1 alteration1 maintenance1 or repair of a public water system unless all the iron and steel products used in the project are produced in the ,united ,states4 7,c7 ,exception ,subparagraph 7,b7 shall not apply in any case or category of cases in which the ,administrator finds that-- 7i7 applying subparagraph 7,b7 would be inconsistent with the public interest2 7ii7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7iii7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall product by more than #be percent4 7,d7 ,public notice2 written justification 7i7 ,public notice ,if the ,administrator receives a request for a waiver under this paragraph1 the ,administrator shall-- 7,i7 make available to the public on an informal basis1 including on the public website of the ,administrator-- 7aa7 a copy of the request2 and 7bb7 any information available to the ,administrator regarding the request2 and 7,,ii7 provide notice of1 and opportunity for informal public comment on1 the request for a period of not less than #ae days before making a finding under subparagraph 7,c74 7ii7 ,written justification ,if1 after the period provided under clause 7i71 the ,administrator makes a finding under subparagraph 7,c71 the ,administrator shall publish in the ,federal ,register a written justification as to why subparagraph 7,b7 is being waived4 7,e7 ,application ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7,f7 ,management and oversight ,the ,administrator may use not more than #j4be percent of any funds made available to carry out this title for management and oversight of the requirements of this paragraph4 4 ,b ,clean water #gbja4 ,sewer overflow control grants ,section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7 is amended-- 7#a7 in subsection 7a71 by striking the subsection designation and heading and all that follows through subject to subsection 7g71 the ,administrator may in paragraph 7#b7 and inserting the following3 7a7 ,authority ,the ,administrator may-- 7#a7 make grants to ,states for the purpose of providing grants to a municipality or municipal entity for planning1 designing1 and constructing-- 7,a7 treatment works to intercept1 transport1 control1 or treat municipal combined sewer overflows and sanitary sewer overflows2 and 7,b7 measures to manage1 reduce1 treat1 or recapture stormwater or subsurface drainage water2 and 7#b7 subject to subsection 7g71 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking the semicolon at the end and inserting 2 or2 7,b7 by striking paragraphs 7#b7 and 7#c72 and 7,c7 by redesignating paragraph 7#d7 as paragraph 7#b72 7#c7 by striking subsections 7e7 through 7g7 and inserting the following3 7e7 ,administrative requirements 7#a7 ,in general ,subject to paragraph 7#b71 a project that receives grant assistance under subsection 7a7 shall be carried out subject to the same requirements as a project that receives assistance from a ,state water pollution control revolving fund established pursuant to title ,,vi4 7#b7 ,determination of governor ,the requirement described in paragraph 7#a7 shall not apply to a project that receives grant assistance under subsection 7a7 to the extent that the ,governor of the ,state in which the project is located determines that a requirement described in title ,,vi is inconsistent with the purposes of this section4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 to remain available until expended-- 7#a7 #bej1jjj1jjj for fiscal year #bjag2 7#b7 #cjj1jjj1jjj for fiscal year #bjah2 7#c7 #cej1jjj1jjj for fiscal year #bjai2 7#d7 #djj1jjj1jjj for fiscal year #bjbj2 and 7#e7 #ejj1jjj1jjj for fiscal year #bjba4 7g7 ,allocation of funds 7#a7 ,fiscal year #bjag and #bjah ,for each of fiscal years #bjag and #bjah1 subject to subsection 7h71 the ,administrator shall use the amounts made available to carry out this section to provide grants to municipalities and municipal entities under subsection 7a77#b7-- 7,a7 in accordance with the priority criteria described in subsection 7b72 and 7,b7 with additional priority given to proposed projects that involve the use of-- 7i7 nonstructural1 low-impact development2 7ii7 water conservation1 efficiency1 or reuse2 or 7iii7 other decentralized stormwater or wastewater approaches to minimize flows into the sewer systems4 7#b7 ,fiscal year #bjai and thereafter ,for fiscal year #bjai and each fiscal year thereafter1 subject to subsection 7h71 the ,administrator shall use the amounts made available to carry out this section to provide grants to ,states under subsection 7a77#a7 in accordance with a formula that-- 7,a7 shall be established by the ,administrator1 after providing notice and an opportunity for public comment2 and 7,b7 allocates to each ,state a proportional share of the amounts based on the total needs of the ,state for municipal combined sewer overflow controls and sanitary sewer overflow controls1 as identified in the most recent survey-- 7i7 conducted under section #baj2 and 7ii7 included in a report required under section #eaf7;b77#a77;,b74 2 and 7#d7 by striking subsection 7i74 #gbjb4 ,small and medium treatment works 7a7 ,in general ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 is amended by adding at the end the following3 #bbb4 ,technical assistance for small and medium treatment works 7a7 ,definitions ,in this section3 7#a7 ,medium treatment works ,the term medium treatment works means a publicly owned treatment works serving not fewer than #aj1jja and not more than #ajj1jjj individuals4 7#b7 ,qualified nonprofit medium treatment works technical assistance provider ,the term qualified nonprofit medium treatment works technical assistance provider means a qualified nonprofit technical assistance provider of water and wastewater services to medium-sized communities that provides technical assistance 7including circuit rider technical assistance programs1 multi-,state1 regional assistance programs1 and training and preliminary engineering evaluations7 to owners and operators of medium treatment works1 which may include ,state agencies4 7#c7 ,qualified nonprofit small treatment works technical assistance provider ,the term qualified nonprofit small treatment works technical assistance provider means a nonprofit organization that1 as determined by the ,administrator-- 7,a7 is the most qualified and experienced in providing training and technical assistance to small treatment works2 and 7,b7 the small treatment works in the ,state finds to be the most beneficial and effective4 7#d7 ,small treatment works ,the term small treatment works means a publicly owned treatment works serving not more than #aj1jjj individuals4 7b7 ,technical assistance ,the ,administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit small treatment works technical assistance providers and grants or cooperative agreements to qualified nonprofit medium treatment works technical assistance providers to provide to owners and operators of small and medium treatment works onsite technical assistance1 circuit-rider technical assistance programs1 multi-,state1 regional technical assistance programs1 and onsite and regional training1 to assist the treatment works in achieving compliance with this ,act or obtaining financing under this ,act for eligible projects4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 for grants for small treatment works technical assistance1 #ae1jjj1jjj for each of fiscal years #bjag through #bjba2 and 7#b7 for grants for medium treatment works technical assistance1 #aj1jjj1jjj for each of fiscal years #bjag through #bjba4 4 7b7 ,water pollution control revolving loan funds 7#a7 ,in general ,section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 is amended-- 7,a7 in subsection 7d7-- 7i7 in the matter preceding paragraph 7#a71 by inserting and as provided in subsection 7e7 after ,state law2 7ii7 by redesignating subsections 7e7 through 7i7 as subsections 7f7 through 7j71 respectively2 and 7iii7 by inserting after subsection 7d7 the following3 7e7 ,additional use of funds ,a ,state may use an additional #b percent of the funds annually allotted to the ,state under this section for qualified nonprofit small treatment works technical assistance providers and qualified nonprofit medium treatment works technical assistance providers 7as those terms are defined in section #bbb7 to provide technical assistance to small treatment works and medium treatment works 7as those terms are defined in section #bbb7 in the ,state4 4 7#b7 ,conforming amendment ,section #bba7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7;d77 is amended by striking section #fjc7;h7 and inserting section #fjc7;i74 #gbjc4 ,integrated plans 7a7 ,integrated plans ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,integrated plan permits 7#a7 ,definitions ,in this subsection3 7,a7 ,green infrastructure ,the term green infrastructure means the range of measures that use plant or soil systems1 permeable pavement or other permeable surfaces or substrates1 stormwater harvest and reuse1 or landscaping to store1 infiltrate1 or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters4 7,b7 ,integrated plan ,the term integrated plan has the meaning given in ,part ,,iii of the ,integrated ,municipal ,stormwater and ,wastewater ,planning ,approach ,framework1 issued by the ,environmental ,protection ,agency and dated ,june #e1 #bjab4 7,c7 ,municipal discharge 7i7 ,in general ,the term municipal discharge means a discharge from a treatment works 7as defined in section #bab7 or a discharge from a municipal storm sewer under subsection 7p74 7ii7 ,inclusion ,the term municipal discharge includes a discharge of wastewater or storm water collected from multiple municipalities if the discharge is covered by the same permit issued under this section4 7#b7 ,integrated plan 7,a7 ,in general ,the ,administrator 7or a ,state1 in the case of a permit program approved under subsection 7b77 shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated plan4 7,b7 ,scope of permit incorporating integrated plan ,a permit issued under this subsection that incorporates an integrated plan may integrate all requirements under this ,act addressed in the integrated plan1 including requirements relating to-- 7i7 a combined sewer overflow2 7ii7 a capacity1 management1 operation1 and maintenance program for sanitary sewer collection systems2 7iii7 a municipal stormwater discharge2 7iv7 a municipal wastewater discharge2 and 7v7 a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load4 7#c7 ,compliance schedules 7,a7 ,in general ,a permit for a municipal discharge by a municipality that incorporates an integrated plan may include a schedule of compliance1 under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than #a permit term if the compliance schedules are authorized by ,state water quality standards4 7,b7 ,inclusion ,actions subject to a compliance schedule under subparagraph 7,a7 may include green infrastructure if implemented as part of a water quality-based effluent limitation4 7,c7 ,review ,a schedule of compliance may be reviewed each time the permit is renewed4 7#d7 ,existing authorities retained 7,a7 ,applicable standards ,nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this ,act4 7,b7 ,flexibility ,nothing in this subsection reduces or eliminates any flexibility available under this ,act1 including the authority of-- 7i7 a ,state to revise a water quality standard after a use attainability analysis under section #aca4aj7;g7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection71 subject to the approval of the ,administrator under section #cjc7;c72 and 7ii7 the ,administrator or a ,state to authorize a schedule of compliance that extends beyond the date of expiration of a permit term if the schedule of compliance meets the requirements of section #abb4dg of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7#e7 ,clarification of ,state authority 7,a7 ,in general ,nothing in section #cja7;b77#a77;,c7 precludes a ,state from authorizing in the water quality standards of the ,state the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan4 7,b7 ,transition rule ,in any case in which a discharge is subject to a judicial order or consent decree as of the date of enactment of the ,water ,resources ,development ,act of #bjaf resolving an enforcement action under this ,act1 any schedule of compliance issued pursuant to an authorization in a ,state water quality standard shall not revise or otherwise affect a schedule of compliance in that order or decree unless the order or decree is modified by agreement of the parties and the court4 4 7b7 ,municipal ombudsman 7#a7 ,establishment ,there is established within the ,office of the ,administrator an ,office of the ,municipal ,ombudsman4 7#b7 ,general duties ,the duties of the municipal ombudsman shall include the provision of-- 7,a7 technical assistance to municipalities seeking to comply with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 and the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,b7 information to the ,administrator to help the ,administrator ensure that agency policies are implemented by all offices of the ,environmental ,protection ,agency1 including regional offices4 7#c7 ,actions required ,the municipal ombudsman shall work with appropriate offices at the headquarters and regional offices of the ,environmental ,protection ,agency to ensure that the municipality seeking assistance is provided information-- 7,a7 about available ,federal financial assistance for which the municipality is eligible2 7,b7 about flexibility available under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 and1 if applicable1 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,c7 regarding the opportunity to develop an integrated plan1 as defined in section #djb7s77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7as added by subsection 7a774 7#d7 ,priority ,in carrying out paragraph 7#c71 the municipal ombudsman shall give priority to any municipality that demonstrates affordability concerns relating to compliance with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7#e7 ,information sharing ,the municipal ombudsman shall publish on the website of the ,environmental ,protection ,agency-- 7,a7 general information relating to-- 7i7 the technical assistance referred to in paragraph 7#b77;,a72 7ii7 the financial assistance referred to in paragraph 7#c77;,a72 7iii7 the flexibility referred to in paragraph #c7;,b72 and 7iv7 any resources related to integrated plans developed by the ,administrator2 and 7,b7 a copy of each permit1 order1 or judicial consent decree that implements or incorporates an integrated plan4 7c7 ,municipal enforcement ,section #cji of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acai7 is amended by adding at the end the following3 7h7 ,implementation of integrated plans through enforcement tools 7#a7 ,in general ,in conjunction with an enforcement action under subsection 7a7 or 7b7 relating to municipal discharges1 the ,administrator shall inform a municipality of the opportunity to develop an integrated plan1 as defined in section #djb7s74 7#b7 ,modification ,any municipality under an administrative order under subsection 7a7 or settlement agreement 7including a judicial consent decree7 under subsection 7b7 that has developed an integrated plan consistent with section #djb7s7 may request a modification of the administrative order or settlement agreement based on that integrated plan4 4 7d7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,administrator 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 on each integrated plan developed and implemented through a permit1 order1 or judicial consent decree since the date of publication of the ,integrated ,municipal ,stormwater and ,wastewater ,planning ,approach ,framework issued by the ,environmental ,protection ,agency and dated ,june #e1 #bjab1 including a description of the control measures1 levels of control1 estimated costs1 and compliance schedules for the requirements implemented through an integrated plan4 #gbjd4 ,green infrastructure promotion ,title ,v of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfa et seq47 is amended-- 7#a7 by redesignating section #eai 7#cc ,u4,s4,c4 #abea note7 as section #ebj2 and 7#b7 by inserting after section #eah 7#cc ,u4,s4,c4 #acgg7 the following3 #eai4 ,environmental protection agency green infrastructure promotion 7a7 ,in general ,the ,administrator shall ensure that the ,office of ,water1 the ,office of ,enforcement and ,compliance ,assurance1 the ,office of ,research and ,development1 and the ,office of ,policy of the ,environmental ,protection ,agency promote the use of green infrastructure in and coordinate the integration of green infrastructure into1 permitting programs1 planning efforts1 research1 technical assistance1 and funding guidance4 7b7 ,duties ,the ,administrator shall ensure that the ,office of ,water-- 7#a7 promotes the use of green infrastructure in the programs of the ,environmental ,protection ,agency2 and 7#b7 coordinates efforts to increase the use of green infrastructure with-- 7,a7 other ,federal departments and agencies2 7,b7 ,state1 tribal1 and local governments2 and 7,c7 the private sector4 7c7 ,regional green infrastructure promotion ,the ,administrator shall direct each regional office of the ,environmental ,protection ,agency1 as appropriate based on local factors1 and consistent with the requirements of this ,act1 to promote and integrate the use of green infrastructure within the region that includes-- 7#a7 outreach and training regarding green infrastructure implementation for ,state1 tribal1 and local governments1 tribal communities1 and the private sector2 and 7#b7 the incorporation of green infrastructure into permitting and other regulatory programs1 codes1 and ordinance development1 including the requirements under consent decrees and settlement agreements in enforcement actions4 7d7 ,green infrastructure information-sharing ,the ,administrator shall promote green infrastructure information-sharing1 including through an ,internet website1 to share information with1 and provide technical assistance to1 ,state1 tribal1 and local governments1 tribal communities1 the private sector1 and the public regarding green infrastructure approaches for-- 7#a7 reducing water pollution2 7#b7 protecting water resources2 7#c7 complying with regulatory requirements2 and 7#d7 achieving other environmental1 public health1 and community goals4 4 #gbje4 ,financial capability guidance 7a7 ,definitions ,in this section3 7#a7 ,affordability ,the term affordability means1 with respect to payment of a utility bill1 a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household1 as determined by the ,administrator4 7#b7 ,financial capability ,the term financial capability means the financial capability of a community to make investments necessary to make water quality or drinking water improvements4 7#c7 ,guidance ,the term guidance means the guidance published by the ,administrator entitled ,combined ,sewer ,overflows--,guidance for ,financial ,capability ,assessment and ,schedule ,development and dated ,february #aiig1 as applicable to the combined sewer overflows and sanitary sewer overflows guidance published by the ,administrator entitled ,financial ,capability ,assessment ,framework and dated ,november #bd1 #bjad4 7b7 ,use of median household income ,the ,administrator shall not use median household income as the sole indicator of affordability for a residential household4 7c7 ,revised guidance 7#a7 ,in general ,not later than #a year after the date of completion of the ,national ,academy of ,public ,administration study to establish a definition and framework for community affordability required by ,senate ,report #aad-gj1 accompanying ,s4 #afde 7#aadth ,congress71 the ,administrator shall revise the guidance described in subsection 7a77#c74 7#b7 ,use of guidance ,beginning on the date on which the revised guidance referred to in paragraph 7#a7 is finalized1 the ,administrator shall use the revised guidance in lieu of the guidance described in subsection 7a77#c74 7d7 ,consideration and consultation 7#a7 ,consideration ,in revising the guidance1 the ,administrator shall consider-- 7,a7 the recommendations of the study referred to in subsection 7c7 and any other relevant study1 as determined by the ,administrator2 7,b7 local economic conditions1 including site-specific local conditions that should be taken into consideration in analyzing financial capability2 7,c7 other essential community investments2 7,d7 potential adverse impacts on distressed populations1 including the percentage of low-income ratepayers within the service area of a utility and impacts in communities with disparate economic conditions throughout the entire service area of a utility2 7,e7 the degree to which rates of low-income consumers would be affected by water infrastructure investments and the use of rate structures to address the rates of low-income consumers2 7,f7 an evaluation of an array of factors1 the relative importance of which may vary across regions and localities2 and 7,g7 the appropriate weight for economic1 public health1 and environmental benefits associated with improved water quality4 7#b7 ,consultation ,any revised guidance issued to replace the guidance shall be developed in consultation with stakeholders4 7e7 ,publication and submission 7#a7 ,in general ,on completion of the revision of the guidance1 the ,administrator shall publish in the ,federal ,register and 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 revised guidance4 7#b7 ,explanation ,if the ,administrator makes a determination not to follow #a or more recommendations of the study referred to in subsection 7c77#a71 the ,administrator shall include in the publication and submission under paragraph 7#a7 an explanation of that decision4 7f7 ,effect ,nothing in this section preempts or interferes with any obligation to comply with any ,federal law1 including the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 #gbjf4 ,chesapeake ,bay ,grass ,survey ,section #aag7;i7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfg7;i77 is amended by adding at the end the following3 7#c7 ,annual survey ,the ,administrator shall carry out an annual survey of sea grasses in the ,chesapeake ,bay4 4 #gbjg4 ,great ,lakes harmful algal bloom coordinator ,the ,administrator1 acting as the chair of the ,great ,lakes ,interagency ,task ,force1 shall appoint a coordinator to work with appropriate ,federal agencies and ,state1 local1 tribal1 and foreign governments to coordinate efforts to address the issue of harmful algal blooms in the ,great ,lakes4 ,c ,innovative financing and promotion of innovative technologies #gcja4 ,water infrastructure public-private partnership pilot program ,section #ejad7;c7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbja note2 ,public ,law #aac-aba7 is amended by striking ,any activity undertaken under this section is authorized only to the extent and inserting ,nothing in this section obligates the ,secretary to expend funds unless4 #gcjb4 ,water infrastructure finance and innovation 7a7 ,authority ,to provide assistance ,section #ejbc7;b77#b7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijb7;b77#b77 is amended by striking carry out and inserting provide financial assistance to carry out4 7b7 ,projects eligible for assistance 7#a7 ,in general ,section #ejbf of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cije7 is amended-- 7,a7 in paragraph 7#f7-- 7i7 by striking desalination project and inserting desalination project1 including chloride control2 and 7ii7 by striking or a water recycling project and inserting a water recycling project1 or a project to provide alternative water supplies to reduce aquifer depletion2 7,b7 by redesignating paragraphs 7#g71 7#h71 and 7#i7 as paragraphs 7#h71 7#i71 and 7#aj71 respectively2 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 ,a project to prevent1 reduce1 or mitigate the effects of drought1 including projects that enhance the resilience of drought-stricken watersheds4 2 and 7,d7 in paragraph 7#aj7 7as redesignated by subparagraph 7,b771 by striking or 7#g7 and inserting 7#g71 or 7#h74 7#b7 ,conforming amendments 7,a7 ,section #ejbc7;b7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijb7;b77 is amended-- 7i7 in paragraph 7#b71 by striking and 7#h7 and inserting 7#g71 and 7#i72 and 7ii7 in paragraph 7#c71 by striking paragraph 7#g7 or 7#i7 and inserting paragraph 7#h7 or 7#aj74 7,b7 ,section #ejbd7;b7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijc7;b77 is amended by striking paragraph 7#h7 or 7#i7 and inserting paragraph 7#i7 or 7#aj74 7,c7 ,section #ejbg7c7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijf7c77 is amended by striking section #ejbf7g7 and inserting section #ejbf7h74 7,d7 ,section #ejbh of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijg7 is amended-- 7i7 in subsection 7a77#a77;,e7-- 7,i7 by striking section #ejbf7i7 and inserting section #ejbf7aj72 and 7,,ii7 by striking section #ejbf7h7 and inserting section #ejbf7i72 and 7ii7 in subsection 7b77#c71 by striking section #ejbf7h7 and inserting section #ejbf7i74 7c7 ,determination of eligibility and project selection ,section #ejbh7;b77#b77;,f7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijg7;b77#b77;,f77 is amended-- 7#a7 in clause 7i71 by striking or at the end2 and 7#b7 by striking clause 7ii7 and inserting the following3 7ii7 helps maintain or protect the environment2 7iii7 resists hazards due to a natural disaster2 7iv7 continues to serve the primary function of the water resources infrastructure project following a natural disaster2 7v7 reduces the magnitude or duration of a disruptive event to a water resources infrastructure project2 or 7vi7 has the absorptive1 adaptive1 and recoverable capacities to withstand a potentially disruptive event4 4 7d7 ,terms and conditions ,section #ejbi7;b7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijh7;b77 is amended-- 7#a7 in paragraph 7#g7-- 7,a7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary 2 and 7,b7 by adding at the end the following3 7,b7 ,financing fees ,on request of an eligible entity1 the ,secretary or the ,administrator1 as applicable1 shall allow the fees under subparagraph 7,a7 to be financed as part of the loan4 2 and 7#b7 by adding at the end the following3 7#aj7 ,credit ,any eligible project costs incurred and the value of any integral in-kind contributions made before receipt of assistance under this subtitle shall be credited toward the #ea percent of project costs to be provided by sources of funding other than a secured loan under this subtitle 7as described in paragraph 7#b77;,a74 4 7e7 ,removal of pilot designation 7#a7 ,subtitle ,c of title ,v of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 is amended by striking the subtitle designation and heading and inserting the following3 ,c ,innovative financing projects 4 7#b7 ,section #ejbc of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cjib7 is amended by striking pilot each place it appears4 7#c7 ,section #ejcd of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #ciac7 is amended by striking the section designation and heading and inserting the following3 #ejcd4 ,reports on program implementation 4 7#d7 ,the table of contents for the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba7 is amended-- 7,a7 by striking the item relating to subtitle ,c of title ,v and inserting the following3 ,subtitle ,c--,innovative ,financing ,projects 42 and 7,b7 by striking the item relating to section #ejcd and inserting the following3 ,sec4 #ejcd4 ,reports on program implementation4 4 7f7 ,sense of the ,senate ,it is the sense of the ,senate that-- 7#a7 appropriations made available to carry out the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 should be in addition to robust funding for the ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab72 and 7#b7 the appropriations made available for the funds referred to in paragraph 7#a7 should not decrease for any fiscal year4 #gcjc4 ,water ,infrastructure ,investment ,trust ,fund 7a7 ,creation of trust fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,water ,infrastructure ,investment ,trust ,fund 7referred to in this section as the ,fund71 consisting of such amounts as may be appropriated to or deposited in such fund as provided in this section4 7b7 ,transfers to trust fund ,the ,secretary of the ,treasury 7referred to in this section as the ,secretary7 shall deposit in the ,fund amounts equal to the fees received before ,january #a1 #bjbb1 under subsection 7f77#b74 7c7 ,expenditures ,amounts in the ,fund1 including interest earned and advances to the ,fund and proceeds from investment under subsection 7d71 shall be available for expenditure1 without further appropriation1 as follows3 7#a7 #ej percent of the amounts shall be available to the ,administrator for making capitalization grants under section #fja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha74 7#b7 #ej percent of the amounts shall be available to the ,administrator for making capitalization grants under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7d7 ,investment ,amounts in the ,fund shall be invested in accordance with section #igjb of title #ca1 ,united ,states ,code1 and any interest on1 and proceeds from1 any such investment shall be available for expenditure in accordance with this section4 7e7 ,limitation on expenditures ,amounts in the ,fund may not be made available for a fiscal year under subsection 7c7 unless the sum of the funds appropriated to the ,clean ,water ,state ,revolving ,fund and the ,safe ,drinking ,water ,state ,revolving ,fund through annual capitalization grants is not less than the average of the sum of the annual amounts provided in capitalization grants under section #fja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha7 and section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 for the #e-;fiscal-year period immediately preceding such fiscal year4 7f7 ,voluntary labeling system 7#a7 ,in general ,the ,administrator1 in consultation with the ,administrator of the ,food and ,drug ,administration1 manufacturers1 producers1 and importers1 shall develop and implement a program under which the ,administrator provides a label designed in consultation with manufacturers1 producers1 and importers suitable for placement on products to inform consumers that the manufacturer1 producer1 or importer of the product1 and other stakeholders1 participates in the ,fund4 7#b7 ,fee ,the ,administrator shall provide a label for a fee of #c cents per unit4 7g7 ,,epa study on water pricing 7#a7 ,study ,the ,administrator1 with participation by the ,states1 shall conduct a study to-- 7,a7 assess the affordability gap faced by low-income populations located in urban and rural areas in obtaining services from clean water and drinking water systems2 and 7,b7 analyze options for programs to provide incentives for rate adjustments at the local level to achieve full cost or true value pricing for such services1 while protecting low-income ratepayers from undue burden4 7#b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on the ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the results of the study4 #gcjd4 ,innovative water technology grant program 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 a public utility1 including publicly owned treatment works and clean water systems2 7#b7 a unit of local government1 including a municipality or a joint powers authority2 7#c7 a private entity1 including a farmer or manufacturer2 7#d7 an institution of higher education2 7#e7 a research institution or foundation2 7#f7 a ,state2 7#g7 a regional organization2 or 7#h7 a nonprofit organization4 7b7 ,grant program authorized ,the ,administrator shall carry out a grant program for purposes described in subsection 7c7 to accelerate the development of innovative water technologies that address pressing water challenges4 7c7 ,grants ,in carrying out the program under subsection 7b71 the ,administrator shall make to eligible entities grants that-- 7#a7 finance projects to develop1 deploy1 test1 and improve emerging water technologies2 7#b7 fund entities that provide technical assistance to deploy innovative water technologies more broadly1 especially-- 7,a7 to increase adoption of innovative water technologies in-- 7i7 municipal drinking water and wastewater treatment systems2 7ii7 areas served by private wells2 or 7iii7 water supply systems in arid areas that are experiencing1 or have recently experienced1 prolonged drought conditions2 and 7,b7 in a manner that reduces ratepayer or community costs over time1 including the cost of future capital investments2 or 7#c7 support technologies that1 as determined by the ,administrator-- 7,a7 improve water quality of a water source2 7,b7 improve the safety and security of a drinking water delivery system2 7,c7 minimize contamination of drinking water and drinking water sources1 including contamination by lead1 bacteria1 chlorides1 and nitrates2 7,d7 improve the quality and timeliness and decrease the cost of drinking water quality tests1 especially technologies that can be deployed within water systems and at individual faucets to provide accurate real-time tests of water quality1 especially with respect to lead1 bacteria1 and nitrate content2 7,e7 increase water supplies in arid areas that are experiencing1 or have recently experienced1 prolonged drought conditions2 7,f7 treat edge-of-field runoff to improve water quality2 7,g7 treat agricultural1 municipal1 and industrial wastewater2 7,h7 recycle or reuse water2 7,i7 manage urban storm water runoff2 7,j7 reduce sewer or stormwater overflows2 7,k7 conserve water2 7,l7 improve water quality by reducing salinity2 7,m7 mitigate air quality impacts associated with declining water resources2 7,n7 address treatment byproduct and brine disposal alternatives2 or 7,o7 address urgent water quality and human health needs4 7d7 ,priority funding ,in making grants under this section1 the ,administrator shall give priority to projects that have the potential-- 7#a7 to provide substantial cost savings across a sector2 7#b7 to significantly improve human health or the environment2 or 7#c7 to provide additional water supplies with minimal environmental impact4 7e7 ,cost-sharing ,the ,federal share of the cost of activities carried out using a grant made under this section shall be not more than #fe percent4 7f7 ,limitation ,the maximum amount of a grant provided to a project under this section shall be #e1jjj1jjj4 7g7 ,report ,each year1 the ,administrator shall submit to ,congress and make publicly available on the website of the ,administrator a report that describes any advancements during the previous year in development of innovative water technologies made as a result of funding provided under this section4 7h7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each fiscal year4 7i7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to provide grants to eligible entities under this section #aj1jjj1jjj1 to remain available until expended4 #gcje4 ,water ,resources ,research ,act amendments 7a7 ,congressional findings and declarations ,section #ajb of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcja7 is amended-- 7#a7 by redesignating paragraphs 7#g7 through 7#i7 as paragraphs 7#h7 through 7#aj71 respectively2 7#b7 in paragraph 7#h7 7as so redesignated71 by striking and at the end2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 additional research is required to increase the effectiveness and efficiency of new and existing treatment works through alternative approaches1 including-- 7,a7 nonstructural alternatives2 7,b7 decentralized approaches2 7,c7 water use efficiency and conservation2 and 7,d7 actions to reduce energy consumption or extract energy from wastewater2 4 7b7 ,water resources research and technology institutes ,section #ajd of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,b77ii71 by striking water-related phenomena and inserting water resources2 and 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 7#b7 in subsection 7c7-- 7,a7 by striking ,from the and inserting the following3 7#a7 ,in general ,from the 2 and 7,b7 by adding at the end the following3 7#b7 ,report ,not later than ,december #ca of each fiscal year1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on the ,budget of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on the ,budget of the ,house of ,representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year4 2 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,evaluation of water resources research program 7#a7 ,in general ,the ,secretary shall conduct a careful and detailed evaluation of each institute at least once every #c years to determine-- 7,a7 the quality and relevance of the water resources research of the institute2 7,b7 the effectiveness of the institute at producing measured results and applied water supply research2 and 7,c7 whether the effectiveness of the institute as an institution for planning1 conducting1 and arranging for research warrants continued support under this section4 7#b7 ,prohibition on further support ,if1 as a result of an evaluation under paragraph 7#a71 the ,secretary determines that an institute does not qualify for further support under this section1 no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the ,secretary4 2 7#d7 in subsection 7f77#a71 by striking #ab1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #g1ejj1jjj for each of fiscal years #bjag through #bjba2 and 7#e7 in subsection 7g77#a71 in the first sentence1 by striking #f1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #a1ejj1jjj for each of fiscal years #bjag through #bjba4 #gcjf4 ,reauthorization of ,water ,desalination ,act of #aiif 7a7 ,authorization of research and studies ,section #c of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#f71 by striking and at the end2 7,b7 in paragraph 7#g71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#h7 development of metrics to analyze the costs and benefits of desalination relative to other sources of water 7including costs and benefits related to associated infrastructure1 energy use1 environmental impacts1 and diversification of water supplies72 and 7#i7 development of design and siting specifications that avoid1 minimize1 or offset adverse social1 economic1 and environmental impacts4 2 and 7#b7 by adding at the end the following3 7e7 ,prioritization ,in carrying out this section1 the ,secretary shall prioritize funding for research-- 7#a7 to reduce energy consumption and lower the cost of desalination1 including chloride control2 7#b7 to reduce the environmental impacts of seawater desalination and develop technology and strategies to minimize those impacts2 7#c7 to improve existing reverse osmosis and membrane technology2 7#d7 to carry out basic and applied research on next generation desalination technologies1 including improved energy recovery systems and renewable energy-powered desalination systems that could significantly reduce desalination costs2 7#e7 to develop portable or modular desalination units capable of providing temporary emergency water supplies for domestic or military deployment purposes2 and 7#f7 to develop and promote innovative desalination technologies1 including chloride control1 identified by the ,secretary4 4 7b7 ,desalination demonstration and development ,section #d of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by adding at the end the following3 7c7 ,prioritization ,in carrying out demonstration and development activities under this section1 the ,secretary shall prioritize projects-- 7#a7 for the benefit of drought-stricken ,states and communities2 7#b7 for the benefit of ,states that have authorized funding for research and development of desalination technologies and projects2 7#c7 that can reduce reliance on imported water supplies that have an impact on species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#d7 that demonstrably leverage the experience of international partners with considerable expertise in desalination1 such as the ,state of ,israel4 4 7c7 ,authorization of appropriations ,section #h of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in the first sentence of subsection 7a7-- 7,a7 by striking #e1jjj1jjj and inserting #h1jjj1jjj2 and 7,b7 by striking #bjac and inserting #bjba2 and 7#b7 in subsection 7b71 by striking for each of fiscal years #bjab through #bjac and inserting for each of fiscal years #bjag through #bjba4 7d7 ,consultation ,section #i of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,in carrying out in the first sentence and inserting the following3 #i4 ,consultation and coordination 7a7 ,consultation ,in carrying out 2 7#b7 in the second sentence1 by striking ,the authorization and inserting the following3 7c7 ,other desalination programs ,the authorization 2 and 7#c7 by inserting after subsection 7a7 7as designated by paragraph 7#a77 the following3 7b7 ,coordination of federal desalination research and development ,the ,white ,house ,office of ,science and ,technology ,policy shall develop a coordinated strategic plan that-- 7#a7 establishes priorities for future ,federal investments in desalination2 7#b7 coordinates the activities of ,federal agencies involved in desalination1 including the ,bureau of ,reclamation1 the ,corps of ,engineers1 the ,united ,states ,army ,tank ,automotive ,research1 ,development and ,engineering ,center1 the ,national ,science ,foundation1 the ,office of ,naval ,research of the ,department of ,defense1 the ,national ,laboratories of the ,department of ,energy1 the ,united ,states ,geological ,survey1 the ,environmental ,protection ,agency1 and the ,national ,oceanic and ,atmospheric ,administration2 7#c7 strengthens research and development cooperation with international partners1 such as the ,state of ,israel1 in the area of desalination technology2 and 7#d7 promotes public-private partnerships to develop a framework for assessing needs for1 and to optimize siting and design of1 future ocean desalination projects4 4 #gcjg4 ,national drought resilience guidelines 7a7 ,in general ,the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,administrator1 and other appropriate ,federal agency heads along with ,state1 local1 and tribal governments1 shall jointly develop nonregulatory national drought resilience guidelines relating to drought preparedness planning and investments for communities1 water utilities1 and other water users and providers1 in a manner consistent with the ,presidential ,memorandum entitled ,building ,national ,capabilities for ,long-,term ,drought ,resilience 7#ha ,fed4 ,reg4 #afjec 7,march #ba1 #bjaf774 7b7 ,consultation ,in developing the national drought resilience guidelines1 the ,administrator and other ,federal agency heads referred to in subsection 7a7 shall consult with-- 7#a7 ,state and local governments2 7#b7 water utilities2 7#c7 scientists2 7#d7 institutions of higher education2 7#e7 relevant private entities2 and 7#f7 other stakeholders4 7c7 ,contents ,the national drought resilience guidelines developed under this section shall1 to the maximum extent practicable1 provide recommendations for a period of #aj years that-- 7#a7 address a broad range of potential actions1 including-- 7,a7 analysis of the impacts of the changing frequency and duration of drought on the future effectiveness of water management tools2 7,b7 the identification of drought-related water management challenges in a broad range of fields1 including-- 7i7 public health and safety2 7ii7 municipal and industrial water supply2 7iii7 agricultural water supply2 7iv7 water quality2 7v7 ecosystem health2 and 7vi7 water supply planning2 7,c7 water management tools to reduce drought-related impacts1 including-- 7i7 water use efficiency through gallons per capita reduction goals1 appliance efficiency standards1 water pricing incentives1 and other measures2 7ii7 water recycling2 7iii7 groundwater clean-up and storage2 7iv7 new technologies1 such as behavioral water efficiency2 and 7v7 stormwater capture and reuse2 7,d7 water-related energy and greenhouse gas reduction strategies2 and 7,e7 public education and engagement2 and 7#b7 include recommendations relating to the processes that ,federal1 ,state1 and local governments and water utilities should consider when developing drought resilience preparedness and plans1 including-- 7,a7 the establishment of planning goals2 7,b7 the evaluation of institutional capacity2 7,c7 the assessment of drought-related risks and vulnerabilities1 including the integration of climate-related impacts2 7,d7 the establishment of a development process1 including an evaluation of the cost-effectiveness of potential strategies2 7,e7 the inclusion of private entities1 technical advisors1 and other stakeholders in the development process2 7,f7 implementation and financing issues2 and 7,g7 evaluation of the plan1 including any updates to the plan4 #gcjh4 ,innovation in ,state water pollution control revolving loan funds 7a7 ,in general ,subsection 7j77#a77;,b7 7as redesignated by section #gbjb7;b77#a77;,a77ii77 of section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 is amended-- 7#a7 in clause 7iii71 by striking or at the end2 7#b7 in clause 7iv71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7v7 to encourage the use of innovative water technologies related to any of the issues identified in clauses 7i7 through 7iv7 or1 as determined by the ,state1 any other eligible project and activity eligible for assistance under subsection 7c7 4 7b7 ,innovative water technologies ,section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 7as amended by section #gbjb7;b77#a77 is amended by adding at the end the following3 7k7 ,technical assistance ,the ,administrator may provide technical assistance to facilitate and encourage the provision of financial assistance for innovative water technologies4 7l7 ,report ,not later than #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 and not less frequently than every #e years thereafter1 the ,administrator shall submit to ,congress a report that describes-- 7#a7 the amount of financial assistance provided by ,state water pollution control revolving funds to deploy innovative water technologies2 7#b7 the barriers impacting greater use of innovative water technologies2 and 7#c7 the cost-saving potential to cities and future infrastructure investments from emerging technologies4 4 #gcji4 ,innovation in drinking water ,state revolving loan funds ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 7as amended by section #gaje7 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking the heading and inserting ,additional assistance4--2 7,b7 in paragraph 7#a7-- 7i7 by striking ,notwithstanding and inserting the following3 7,a7 ,in general ,notwithstanding 2 and 7ii7 by adding at the end the following3 7,b7 ,innovative water technology ,notwithstanding any other provision of this section1 in the case of a ,state that makes a loan under subsection 7a77#b7 to carry out an eligible activity through the use of an innovative water technology 7including technologies to improve water treatment to ensure compliance with this title and technologies to identify and mitigate sources of drinking water contamination1 including lead contamination71 the ,state may provide additional subsidization1 including forgiveness of principal that is not more than #ej percent of the cost of the portion of the project associated with the innovative technology4 2 7,c7 in paragraph 7#b7-- 7i7 by striking ,for each fiscal year and inserting the following3 7,a7 ,in general ,for each fiscal year 2 and 7ii7 by adding at the end the following3 7,b7 ,innovative water technology ,for each fiscal year1 not more than #bj percent of the loan subsidies that may be made by a ,state under paragraph 7#a7 may be used to provide additional subsidization under subparagraph 7,b7 of that paragraph4 2 and 7,d7 in paragraph 7#c71 in the first sentence1 by inserting 1 or portion of a service area1 after service area2 and 7#b7 by adding at the end the following3 7t7 ,technical assistance ,the ,administrator may provide technical assistance to facilitate and encourage the provision of financial assistance for the deployment of innovative water technologies4 7u7 ,report ,not later than #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 and not less frequently than every #e years thereafter1 the ,administrator shall submit to ,congress a report that describes-- 7#a7 the amount of financial assistance provided by ,state loan funds to deploy innovative water technologies2 7#b7 the barriers impacting greater use of innovative water technologies2 and 7#c7 the cost-saving potential to cities and future infrastructure investments from emerging technologies4 4 ,d ,drinking water disaster relief and infrastructure investments #gdja4 ,drinking water infrastructure 7a7 ,definitions ,in this section3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state for which the ,president has declared an emergency under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 relating to the public health threats associated with the presence of lead or other contaminants in a public drinking water supply system4 7#b7 ,eligible system ,the term eligible system means a public drinking water supply system that has been the subject of an emergency declaration referred to in paragraph 7#a74 7b7 ,state revolving loan fund assistance 7#a7 ,in general ,an eligible system shall be-- 7,a7 considered to be a disadvantaged community under section #adeb7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d772 and 7,b7 eligible to receive loans with additional subsidization under that ,act 7#db ,u4,s4,c4 #cjj;f et seq471 including forgiveness of principal under section #adeb7;d77#a7 of that ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#a774 7#b7 ,authorization 7,a7 ,in general ,using funds provided under subsection 7e77#a77;,a71 an eligible ,state may provide assistance to an eligible system within the eligible ,state1 for the purpose of addressing lead or other contaminants in drinking water1 including repair and replacement of public and private drinking water infrastructure4 7,b7 ,inclusion ,assistance provided under subparagraph 7,a7 may include additional subsidization under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 as described in paragraph 7#a77;,b74 7,c7 ,exclusion ,assistance provided under subparagraph 7,a7 shall not include assistance for a project that is financed 7directly or indirectly71 in whole or in part1 with proceeds of any obligation issued after the date of enactment of this ,act-- 7i7 the interest of which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf2 or 7ii7 with respect to which credit is allowable under subpart ,i or ,j of part ,,iv of subchapter ,a of chapter #a of such ,code4 7#c7 ,limitation ,section #adeb7;d77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#b77 shall not apply to-- 7,a7 any funds provided under subsection 7e77#a77;,a72 or 7,b7 any other loan provided to an eligible system4 7c7 ,water infrastructure financing 7#a7 ,secured loans 7,a7 ,in general ,using funds provided under subsection 7e77#b77;,a71 the ,administrator may make a secured loan under the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 to-- 7i7 an eligible ,state to carry out a project eligible under paragraphs 7#b7 through 7#i7 of section #ejbf of that ,act 7#cc ,u4,s4,c4 #cije7 to address lead or other contaminants in drinking water in an eligible system1 including repair and replacement of public and private drinking water infrastructure2 and 7ii7 any eligible entity under section #ejbe of that ,act 7#cc ,u4,s4,c4 #cijd7 for a project eligible under paragraphs 7#b7 through 7#i7 of section #ejbf of that ,act 7#cc ,u4,s4,c4 #cije74 7,b7 ,amount ,notwithstanding section #ejbi7;b77#b7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijh7;b77#b771 the amount of a secured loan provided under subparagraph 7,a77i7 may be equal to not more than #hj percent of the reasonably anticipated costs of the projects4 7#b7 ,federal involvement ,notwithstanding section #ejbi7;b77#i7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijh7;b77#i771 any costs for a project to address lead or other contaminants in drinking water in an eligible system that are not covered by a secured loan under paragraph 7#a7 may be covered using amounts in the ,state revolving loan fund under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7d7 ,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 agency4 7e7 ,funding 7#a7 ,additional ,drinking ,water ,state ,revolving ,fund capitalization grants 7,a7 ,in general ,the ,secretary of the ,treasury shall make available to the ,administrator a total of #ajj1jjj1jjj to provide additional grants to eligible ,states pursuant to section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab71 to be available for a period of #ah months beginning on the date on which the funds are made available1 for the purposes described in subsection 7b77#b71 and after the end of the #ah-month period1 until expended for the purposes described in subparagraph 7,c74 7,b7 ,supplemented intended use plans ,from funds made available under subparagraph 7,a71 the ,administrator shall obligate to an eligible ,state such amounts as are necessary to meet the needs identified in a supplemented intended use plan by not later than #cj days after the date on which the eligible ,state submits to the ,administrator a supplemented intended use plan under section #adeb7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77 that includes preapplication information regarding projects to be funded using the additional assistance1 including1 with respect to each such project-- 7i7 a description of the project2 7ii7 an explanation of the means by which the project will address a situation causing a declared emergency in the eligible ,state2 7iii7 the estimated cost of the project2 and 7iv7 the projected start date for construction of the project4 7,c7 ,unobligated amounts ,of any amounts made available to the ,administrator under subparagraph 7,a7 that are unobligated on the date that is #ah months after the date on which the amounts are made available-- 7i7 #ej percent shall be available to provide additional grants under section #adei;,a of the ,safe ,drinking ,water ,act 7as added by section #gajf72 and 7ii7 #ej percent shall be available to provide additional grants under section #adei;,b of the ,safe ,drinking ,water ,act 7as added by section #gajg74 7,d7 ,applicability ,section #adeb7;b77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77#a77 shall not apply to a supplement to an intended use plan under subparagraph 7,b74 7#b7 ,,wifia funding 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of the ,treasury shall make available to the ,administrator #gj1jjj1jjj to provide credit subsidies1 in consultation with the ,director of the ,office of ,management and ,budget1 for secured loans under subsection 7c77#a77;,a7 with a goal of providing secured loans totaling at least #gjj1jjj1jjj4 7,b7 ,use ,secured loans provided pursuant to subparagraph 7,a7 shall be available to carry out activities described in subsection 7c77#a77;,a74 7,c7 ,exclusion ,of the amounts made available under subparagraph 7,a71 #bj1jjj1jjj shall not be used to provide assistance for a project that is financed 7directly or indirectly71 in whole or in part1 with proceeds of any obligation issued after the date of enactment of this ,act-- 7i7 the interest of which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf2 or 7ii7 with respect to which credit is allowable under subpart ,i or ,j of part ,,iv of subchapter ,a of chapter #a of such ,code4 7#c7 ,applicability ,unless explicitly waived1 all requirements under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 and the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 shall apply to funding provided under this subsection4 7f7 ,health effects evaluation 7#a7 ,in general ,pursuant to section #ajd7;i77#a77;,e7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifjd7;i77#a77;,e771 and on receipt of a request of an appropriate ,state or local health official of an eligible ,state1 the ,director of the ,agency for ,toxic ,substances and ,disease ,registry of the ,national ,center for ,environmental ,health shall in coordination with other agencies1 as appropriate1 conduct voluntary surveillance activities to evaluate any adverse health effects on individuals exposed to lead from drinking water in the affected communities4 7#b7 ,consultations ,pursuant to section #ajd7;i77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifjd7;i77#d771 and on receipt of a request of an appropriate ,state or local health official of an eligible ,state1 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 7#a74 #gdjb4 ,loan forgiveness ,the matter under the heading ,state and tribal assistance grants under the heading ,environmental ,protection ,agency in title ,,ii of division ,g of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac71 is amended in paragraph 7#a71 by striking the semicolon at the end and inserting the following3 or1 if a ,federal or ,state emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply1 before the date of enactment of this ,act3 ,provided further1 ,that in a ,state in which such an emergency declaration has been issued1 the ,state may use more than #bj percent of the funds made available under this title to the ,state for ,drinking ,water ,state ,revolving ,fund capitalization grants to provide additional subsidy to eligible recipients24 #gdjc4 ,registry for lead exposure and advisory committee 7a7 ,definitions ,in this section3 7#a7 ,city ,the term ,city means a city exposed to lead contamination in the local drinking water system4 7#b7 ,committee ,the term ,committee means the ,advisory ,committee established under subsection 7c74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,lead exposure registry ,the ,secretary shall establish within the ,agency for ,toxic ,substances and ,disease ,registry or another relevant agency at the discretion of the ,secretary1 or establish through a grant award or contract1 a lead exposure registry to collect data on the lead exposure of residents of a ,city on a voluntary basis4 7c7 ,advisory ,committee 7#a7 ,membership 7,a7 ,in general ,the ,secretary shall establish 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 members1 and which shall include-- 7i7 an epidemiologist2 7ii7 a toxicologist2 7iii7 a mental health professional2 7iv7 a pediatrician2 7v7 an early childhood education expert2 7vi7 a special education expert2 7vii7 a dietician2 and 7viii7 an environmental health expert4 7,b7 ,requirements ,membership in the ,committee shall not exceed #ae members and not less than of the members shall be ,federal members4 7#b7 ,chair ,the ,secretary shall designate a chair from among the ,federal members appointed to the ,committee4 7#c7 ,terms ,members of the ,committee shall serve for a term of not more than #c years and the ,secretary may reappoint members for consecutive terms4 7#d7 ,application of ,,faca ,the ,committee shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#e7 ,responsibilities ,the ,committee shall1 at a minimum-- 7,a7 review the ,federal programs and services available to individuals and communities exposed to lead2 7,b7 review current research on lead poisoning to identify additional research needs2 7,c7 review and identify best practices1 or the need for best practices1 regarding lead screening and the prevention of lead poisoning2 7,d7 identify effective services1 including services relating to healthcare1 education1 and nutrition for individuals and communities affected by lead exposure and lead poisoning1 including in consultation with1 as appropriate1 the lead exposure registry as established in subsection 7b72 and 7,e7 undertake any other review or activities that the ,secretary determines to be appropriate4 7#f7 ,report ,annually for #e years and thereafter as determined necessary by the ,secretary or as required by ,congress1 the ,committee shall submit to the ,secretary1 the ,committees on ,finance1 ,health1 ,education1 ,labor1 and ,pensions1 and ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committees on ,education and the ,workforce1 ,energy and ,commerce1 and ,agriculture of the ,house of ,representatives a report that includes-- 7,a7 an evaluation of the effectiveness of the ,federal programs and services available to individuals and communities exposed to lead2 7,b7 an evaluation of additional lead poisoning research needs2 7,c7 an assessment of any effective screening methods or best practices used or developed to prevent or screen for lead poisoning2 7,d7 input and recommendations for improved access to effective services relating to healthcare1 education1 or nutrition for individuals and communities impacted by lead exposure2 and 7,e7 any other recommendations for communities affected by lead exposure1 as appropriate4 7d7 ,mandatory funding 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary1 to be available during the period of fiscal years #bjaf through #bjbj-- 7,a7 #ag1ejj1jjj to carry out subsection 7b72 and 7,b7 #b1ejj1jjj to carry out subsection 7c74 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out subsections 7b7 and 7c7 the funds transferred under subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 respectively1 without further appropriation4 #gdjd4 ,additional funding for certain childhood health programs 7a7 ,childhood lead poisoning prevention program 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,director of the ,centers for ,disease ,control and ,prevention1 to be available during the period of fiscal years #bjag and #bjah1 #aj1jjj1jjj for the childhood lead poisoning prevention program authorized under section #cag;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#a74 7#b7 ,receipt and acceptance ,the ,director of the ,centers for ,disease ,control and ,prevention shall be entitled to receive1 shall accept1 and shall use to carry out the childhood lead poisoning prevention program authorized under section #cag;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#a7 the funds transferred under paragraph 7#a71 without further appropriation4 7b7 ,healthy homes program 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary of ,housing and ,urban ,development1 to be available during the period of fiscal years #bjag and #bjah1 #aj1jjj1jjj to carry out the ,healthy ,homes ,initiative of the ,department of ,housing and ,urban ,development4 7#b7 ,receipt and acceptance ,the ,secretary of ,housing and ,urban ,development shall be entitled to receive1 shall accept1 and shall use to carry out the ,healthy ,homes ,initiative of the ,department of ,housing and ,urban ,development the funds transferred under paragraph 7#a71 without further appropriation4 7c7 ,healthy ,start ,program 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator of the ,health ,resources and ,services ,administration1 to be available during the period of fiscal years #bjag and #bjah1 #aj1jjj1jjj to carry out the ,healthy ,start ,initiative under section #ccj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#h74 7#b7 ,receipt and acceptance ,the ,administrator of the ,health ,resources and ,services ,administration shall be entitled to receive1 shall accept1 and shall use to carry out the ,healthy ,start ,initiative under section #ccj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#h7 the funds transferred under paragraph 7#a71 without further appropriation4 #gdje4 ,review and report 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general and the ,inspector ,general of the ,environmental ,protection ,agency shall submit to the ,committees on ,appropriations1 ,environment and ,public ,works1 and ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committees on ,appropriations1 ,energy and ,commerce1 ,transportation and ,infrastructure1 and ,oversight and ,government ,reform of the ,house of ,representatives a report on the status of any ongoing investigations into the ,federal and ,state response to the contamination of the drinking water supply of the ,city of ,flint1 ,michigan4 7b7 ,review ,not later than #cj days after the completion of the investigations described in subsection 7a71 the ,comptroller ,general of the ,united ,states shall commence a review of issues that are not addressed by the investigations and relating to-- 7#a7 the adequacy of the response by the ,state of ,michigan and the ,city of ,flint to the drinking water crisis in ,flint1 ,michigan1 including the timeliness and transparency of the response1 as well as the capacity of the ,state and ,city to manage the drinking water system2 and 7#b7 the adequacy of the response by ,region #e of the ,environmental ,protection ,agency to the drinking water crisis in ,flint1 ,michigan1 including the timeliness and transparency of the response4 7c7 ,contents of report ,not later than #a year after commencing each review under subsection 7b71 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes-- 7#a7 a statement of the principal findings of the review2 and 7#b7 recommendations for ,congress and the ,president to take any actions to prevent a similar situation in the future and to protect public health4 ,e ,report on groundwater contamination #geja4 ,definitions ,in this subtitle3 7#a7 ,comprehensive strategy ,the term comprehensive strategy means a plan for-- 7,a7 the remediation of the plume under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 or 7,b7 corrective action under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7#b7 ,groundwater ,the term groundwater means water in a saturated zone or stratum beneath the surface of land or water4 7#c7 ,plume ,the term plume means any hazardous waste 7as defined in section #ajjd of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fijc77 or hazardous substance 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja77 found in the groundwater supply4 7#d7 ,site ,the term site means the site located at #hcj ,south ,oyster ,bay ,road1 ,bethpage1 ,new ,york1 #aagad 7,environmental ,protection ,agency identification number ,,nyd#jjbjdgifg74 #gejb4 ,report on groundwater contamination ,not later than #ahj days after the date of enactment of this ,act and annually thereafter1 the ,secretary of the ,navy shall submit to ,congress a report on the groundwater contamination from the site that includes-- 7#a7 a description of the status of the groundwater contaminants that are leaving the site and migrating to a location within a #aj-mile radius of the site1 including-- 7,a7 detailed mapping of the movement of the plume over time2 and 7,b7 projected migration rates of the plume2 7#b7 an analysis of the current and future impact of the movement of the plume on drinking water facilities2 and 7#c7 a comprehensive strategy to prevent the groundwater contaminants from the site from contaminating drinking water wells that1 as of the date of the submission of the report1 have not been affected by the migration of the plume4 ,f ,restoration ,i ,great ,lakes ,restoration #gfaa4 ,great ,lakes ,restoration ,initiative ,section #aah7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;c77 is amended by striking paragraph 7#g7 and inserting the following3 7#g7 ,great ,lakes ,restoration ,initiative 7,a7 ,establishment ,there is established in the ,agency a ,great ,lakes ,restoration ,initiative 7referred to in this paragraph as the ,initiative7 to carry out programs and projects for ,great ,lakes protection and restoration4 7,b7 ,focus areas ,each fiscal year under a #e-year ,initiative ,action ,plan1 the ,initiative shall prioritize programs and projects1 carried out in coordination with non-,federal partners1 that address priority areas1 such as-- 7i7 the remediation of toxic substances and areas of concern2 7ii7 the prevention and control of invasive species and the impacts of invasive species2 7iii7 the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution2 7iv7 habitat and wildlife protection and restoration1 including wetlands restoration and preservation2 and 7v7 accountability1 monitoring1 evaluation1 communication1 and partnership activities4 7,c7 ,projects ,under the ,initiative1 the ,agency shall collaborate with ,federal partners1 including the ,great ,lakes ,interagency ,task ,force1 to select the best combination of programs and projects for ,great ,lakes protection and restoration using appropriate principles and criteria1 including whether a program or project provides-- 7i7 the ability to achieve strategic and measurable environmental outcomes that implement the ,great ,lakes ,action ,plan and the ,great ,lakes ,water ,quality ,agreement2 7ii7 the feasibility of-- 7,i7 prompt implementation2 7,,ii7 timely achievement of results2 and 7,,iii7 resource leveraging2 and 7iii7 the opportunity to improve interagency and inter-organizational coordination and collaboration to reduce duplication and streamline efforts4 7,d7 ,implementation of projects 7i7 ,in general ,subject to subparagraph 7,g77ii71 funds made available to carry out the ,initiative shall be used to strategically implement-- 7,i7 ,federal projects2 and 7,,ii7 projects carried out in coordination with ,states1 ,indian tribes1 municipalities1 institutions of higher education1 and other organizations4 7ii7 ,transfer of funds ,with amounts made available for the ,initiative each fiscal year1 the ,administrator may-- 7,i7 transfer not more than #cjj1jjj1jjj to the head of any ,federal department or agency1 with the concurrence of the department or agency head1 to carry out activities to support the ,initiative and the ,great ,lakes ,water ,quality ,agreement2 7,,ii7 enter into an interagency agreement with the head of any ,federal department or agency to carry out activities described in subclause 7,i72 and 7,,iii7 make grants to governmental entities1 nonprofit organizations1 institutions1 and individuals for planning1 research1 monitoring1 outreach1 and implementation of projects in furtherance of the ,initiative and the ,great ,lakes ,water ,quality ,agreement4 7,e7 ,scope 7i7 ,in general ,projects shall be carried out under the ,initiative on multiple levels1 including-- 7,i7 ,great ,lakes-wide2 and 7,,ii7 ,great ,lakes basin-wide4 7ii7 ,limitation ,no funds made available to carry out the ,initiative may be used for any water infrastructure activity 7other than a green infrastructure project that improves habitat and other ecosystem functions in the ,great ,lakes7 for which amounts are made available from-- 7,i7 a ,state water pollution control revolving fund established under title ,,vi2 or 7,,ii7 a ,state drinking water revolving loan fund established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7,f7 ,activities by other ,federal agencies ,each relevant ,federal department or agency shall1 to the maximum extent practicable-- 7i7 maintain the base level of funding for the ,great ,lakes activities of that department or agency without regard to funding under the ,initiative2 and 7ii7 identify new activities and projects to support the environmental goals of the ,initiative and the ,great ,lakes ,water ,quality ,agreement4 7,g7 ,funding 7i7 ,in general ,there is authorized to be appropriated to carry out this paragraph #cjj1jjj1jjj for each of fiscal years #bjag through #bjba4 7ii7 ,limitation ,nothing in this paragraph creates1 expands1 or amends the authority of the ,administrator to implement programs or projects under-- 7,i7 this section2 7,,ii7 the ,initiative ,action ,plan2 or 7,,iii7 the ,great ,lakes ,water ,quality ,agreement4 4 #gfab4 ,amendments to the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #aiij 7a7 ,references ,except as otherwise expressly provided1 wherever in this section an amendment is expressed in terms of an amendment to a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #aiij 7#af ,u4,s4,c4 #ida et seq474 7b7 ,findings ,the ,act is amended by striking section #ajjb and inserting the following3 #ajjb4 ,findings ,congress finds that-- 7#a7 the ,great ,lakes have fish and wildlife communities that are structurally and functionally changing2 7#b7 successful fish and wildlife management focuses on the lakes as ecosystems1 and effective management requires the coordination and integration of efforts of many partners2 7#c7 it is in the national interest to undertake activities in the ,great ,lakes ,basin that support sustainable fish and wildlife resources of common concern provided under the ,great ,lakes ,restoration ,initiative ,action ,plan based on the recommendations of the ,great ,lakes ,regional ,collaboration authorized under ,executive ,order #accdj 7#fi ,fed4 ,reg4 #bijdc2 relating to the ,great ,lakes ,interagency ,task ,force72 7#d7 additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources1 and the habitats on which the resources depend1 in the ,great ,lakes ,basin2 7#e7 as of the date of enactment of this ,act1 actions are not funded that are considered essential to meet the goals and objectives in managing the fish and wildlife resources1 and the habitats on which the resources depend1 in the ,great ,lakes ,basin2 and 7#f7 this ,act allows ,federal agencies1 ,states1 and ,indian tribes to work in an effective partnership by providing the funding for restoration work4 4 7c7 ,identification1 review1 and implementation of proposals and regional projects 7#a7 ,requirements for proposals and regional projects ,section #ajje7;b77#b77;,b7 7#af ,u4,s4,c4 #ida;c7b77#b77;,b77 is amended-- 7,a7 in clause 7v71 by striking and at the end2 7,b7 in clause 7vi71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7vii7 the strategic action plan of the ,great ,lakes ,restoration ,initiative2 and 7viii7 each applicable ,state wildlife action plan4 4 7#b7 ,review of proposals ,section #ajje7;c77#b77;,c7 7#af ,u4,s4,c4 #ida;c7c77#b77;,c77 is amended by striking ,great ,lakes ,coordinator of the4 7#c7 ,cost sharing ,section #ajje7;e7 7#af ,u4,s4,c4 #ida;c7e77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,except as provided in paragraphs 7#b7 and 7#d71 not less than #be percent of the cost of implementing a proposal and inserting the following3 7,a7 ,non-,federal share ,except as provided in paragraphs 7#c7 and 7#e7 and subject to paragraph 7#b71 not less than #be percent of the cost of implementing a proposal or regional project 2 and 7ii7 by adding at the end the following3 7,b7 ,time period for providing match ,the non-,federal share of the cost of implementing a proposal or regional project required under subparagraph 7,a7 may be provided at any time during the #b-year period preceding ,january #a of the year in which the ,director receives the application for the proposal or regional project4 2 7,b7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7,c7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 7#b7 ,authorized sources of non-,federal share 7,a7 ,in general ,the ,director may determine the non-,federal share under paragraph 7#a7 by taking into account-- 7i7 the appraised value of land or a conservation easement as described in subparagraph 7,b72 or 7ii7 as described in subparagraph 7,c71 the costs associated with-- 7,i7 land acquisition or securing a conservation easement2 and 7,,ii7 restoration or enhancement of that land or conservation easement4 7,b7 ,appraisal of land or conservation easement 7i7 ,in general ,the value of land or a conservation easement may be used to satisfy the non-,federal share of the cost of implementing a proposal or regional project required under paragraph 7#a77;,a7 if the ,director determines that the land or conservation easement-- 7,i7 meets the requirements of subsection 7b77#b72 7,,ii7 is acquired before the end of the grant period of the proposal or regional project2 7,,iii7 is held in perpetuity for the conservation purposes of the programs of the ,united ,states ,fish and ,wildlife ,service related to the ,great ,lakes ,basin1 as described in section #ajjf1 by an accredited land trust or conservancy or a ,federal1 ,state1 or tribal agency2 7,,iv7 is connected either physically or through a conservation planning process to the proposal or regional project2 and 7,v7 is appraised in accordance with clause 7ii74 7ii7 ,appraisal ,with respect to the appraisal of land or a conservation easement described in clause 7i7-- 7,i7 the appraisal valuation date shall be not later than #a year after the price of the land or conservation easement was set under a contract2 and 7,,ii7 the appraisal shall-- 7aa7 conform to the ,uniform ,standards of ,professional ,appraisal ,practice 7,,uspap72 and 7bb7 be completed by a ,federal- or ,state-certified appraiser4 7,c7 ,costs of land acquisition or securing conservation easement 7i7 ,in general ,all costs associated with land acquisition or securing a conservation easement and restoration or enhancement of that land or conservation easement may be used to satisfy the non-,federal share of the cost of implementing a proposal or regional project required under paragraph 7#a77;,a7 if the activities and expenses associated with the land acquisition or securing the conservation easement and restoration or enhancement of that land or conservation easement meet the requirements of subparagraph 7,b77i74 7ii7 ,inclusion ,the costs referred to in clause 7i7 may include cash1 in-kind contributions1 and indirect costs4 7iii7 ,exclusion ,the costs referred to in clause 7i7 may not be costs associated with mitigation or litigation 7other than costs associated with the ,natural ,resource ,damage ,assessment program74 4 7d7 ,establishment of offices ,section #ajjg 7#af ,u4,s4,c4 #ida;e7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,fishery ,resources and inserting ,fish and ,wildlife ,conservation2 and 7,b7 by striking ,fishery ,resources each place it appears and inserting ,fish and ,wildlife ,conservation2 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking ,fishery ,resources and inserting ,fish and ,wildlife ,conservation2 and 7,b7 by striking ,fishery ,resources each place it appears and inserting ,fish and ,wildlife ,conservation2 7#c7 by striking subsection 7a72 and 7#d7 by redesignating subsections 7b7 and 7c7 as subsections 7a7 and 7b71 respectively4 7e7 ,reports ,section #ajjh 7#af ,u4,s4,c4 #ida;f7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking #bjaa and inserting #bjba2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking #bjjg through #bjab and inserting #bjaf through #bjbj2 and 7,b7 in paragraph 7#e71 by inserting the ,great ,lakes ,restoration ,initiative ,action ,plan based on after in support of2 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,continued monitoring and assessment of study findings and recommendations ,the ,director-- 7#a7 shall continue to monitor the status1 and the assessment1 management1 and restoration needs1 of the fish and wildlife resources of the ,great ,lakes ,basin2 and 7#b7 may reassess and update1 as necessary1 the findings and recommendations of the ,report4 4 7f7 ,authorization of appropriations ,section #ajji 7#af ,u4,s4,c4 #ida;g7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking #bjjg through #bjab and inserting #bjaf through #bjba2 7#b7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #ad1jjj1jjj and inserting #f1jjj1jjj2 7,b7 in subparagraph 7,a71 by striking #d1fjj1jjj and inserting #b1jjj1jjj2 and 7,c7 in subparagraph 7,b71 by striking #gjj1jjj and inserting #cjj1jjj2 and 7#c7 in paragraph 7#b71 by striking the activities of and all that follows through section #ajjg and inserting the activities of the ,upper ,great ,lakes ,fish and ,wildlife ,conservation ,offices and the ,lower ,great ,lakes ,fish and ,wildlife ,conservation ,office under section #ajjg4 7g7 ,conforming amendment ,section #h of the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #bjjf 7#af ,u4,s4,c4 #ida note2 ,public ,law #aji-cbf7 is repealed4 ,,ii ,lake ,tahoe ,restoration #gfba4 ,findings and purposes ,the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 is amended by striking section #b and inserting the following3 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 ,lake ,tahoe-- 7,a7 is one of the largest1 deepest1 and clearest lakes in the world2 7,b7 has a cobalt blue color1 a biologically diverse alpine setting1 and remarkable water clarity2 and 7,c7 is recognized nationally and worldwide as a natural resource of special significance2 7#b7 in addition to being a scenic and ecological treasure1 the ,lake ,tahoe ,basin is one of the outstanding recreational resources of the ,united ,states1 which-- 7,a7 offers skiing1 water sports1 biking1 camping1 and hiking to millions of visitors each year2 and 7,b7 contributes significantly to the economies of ,california1 ,nevada1 and the ,united ,states2 7#c7 the economy in the ,lake ,tahoe ,basin is dependent on the conservation and restoration of the natural beauty and recreation opportunities in the area2 7#d7 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 century2 7#e7 the alteration of wetland1 wet meadows1 and stream zone habitat have compromised the capacity of the watershed to filter sediment1 nutrients1 and pollutants before reaching ,lake ,tahoe2 7#f7 forests in the ,lake ,tahoe ,basin suffer from over a century of fire damage and periodic drought1 which have resulted in-- 7,a7 high tree density and mortality2 7,b7 the loss of biological diversity2 and 7,c7 a large quantity of combustible forest fuels1 which significantly increases the threat of catastrophic fire and insect infestation2 7#g7 the establishment of several aquatic and terrestrial invasive species 7including perennial pepperweed1 milfoil1 and ,asian clam7 threatens the ecosystem of the ,lake ,tahoe ,basin2 7#h7 there is an ongoing threat to the economy and ecosystem of the ,lake ,tahoe ,basin of the introduction and establishment of other invasive species 7such as yellow starthistle1 ,new ,zealand mud snail1 ,zebra mussel1 and quagga mussel72 7#i7 #gh percent of the land in the ,lake ,tahoe ,basin is administered by the ,federal ,government1 which makes it a ,federal responsibility to restore ecological health to the ,lake ,tahoe ,basin2 7#aj7 the ,federal ,government has a long history of environmental stewardship at ,lake ,tahoe1 including-- 7,a7 congressional consent to the establishment of the ,planning ,agency with-- 7i7 the enactment in #aifi of ,public ,law #ia-adh 7#hc ,stat4 #cfj72 and 7ii7 the enactment in #aihj of ,public ,law #if-eea 7#id ,stat4 #cbcc72 7,b7 the establishment of the ,lake ,tahoe ,basin ,management ,unit in #aigc2 7,c7 the enactment of ,public ,law #if-ehf 7#id ,stat4 #ccha7 in #aihj to provide for the acquisition of environmentally sensitive land and erosion control grants in the ,lake ,tahoe ,basin2 7,d7 the enactment of sections #cda and #cdb of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjjd 7,public ,law #ajh-ajh2 #aag ,stat4 #acag71 which amended the ,southern ,nevada ,public ,land ,management ,act of #aiih 7,public ,law #aje-bfc2 #aab ,stat4 #bcdf7 to provide payments for the environmental restoration programs under this ,act2 and 7,e7 the enactment of section #chb of the ,tax ,relief and ,health ,care ,act of #bjjf 7,public ,law #aji-dcb2 #abj ,stat4 #cjde71 which amended the ,southern ,nevada ,public ,land ,management ,act of #aiih 7,public ,law #aje-bfc2 #aab ,stat4 #bcdf7 to authorize development and implementation of a comprehensive #aj-year hazardous fuels and fire prevention plan for the ,lake ,tahoe ,basin2 7#aa7 the ,assistant ,secretary was an original signatory in #aiig to the ,agreement of ,federal ,departments on ,protection of the ,environment and ,economic ,health of the ,lake ,tahoe ,basin2 7#ab7 the ,chief of ,engineers1 under direction from the ,assistant ,secretary1 has continued to be a significant contributor to ,lake ,tahoe ,basin restoration1 including-- 7,a7 stream and wetland restoration2 and 7,b7 programmatic technical assistance2 7#ac7 at the ,lake ,tahoe ,presidential ,forum in #aiig1 the ,president renewed the commitment of the ,federal ,government to ,lake ,tahoe by-- 7,a7 committing to increased ,federal resources for ecological restoration at ,lake ,tahoe2 and 7,b7 establishing the ,federal ,interagency ,partnership and ,federal ,advisory ,committee to consult on natural resources issues concerning the ,lake ,tahoe ,basin2 7#ad7 at the #bjaa and #bjab ,lake ,tahoe ,forums1 ,senator ,reid1 ,senator ,feinstein1 ,senator ,heller1 ,senator ,ensign1 ,governor ,gibbons1 ,governor ,sandoval1 and ,governor ,brown-- 7,a7 renewed their commitment to ,lake ,tahoe2 and 7,b7 expressed their desire to fund the ,federal and ,state shares of the ,environmental ,improvement ,program through #bjbb2 7#ae7 since #aiig1 the ,federal ,government1 the ,states of ,california and ,nevada1 units of local government1 and the private sector have contributed more than #a1iee1ejj1jjj to the ,lake ,tahoe ,basin1 including-- 7,a7 #fce1djj1jjj from the ,federal ,government2 7,b7 #geh1fjj1jjj from the ,state of ,california2 7,c7 #abc1gjj1jjj from the ,state of ,nevada2 7,d7 #ih1ijj1jjj from units of local government2 and 7,e7 #cch1ijj1jjj from private interests2 7#af7 significant additional investment from ,federal1 ,state1 local1 and private sources is necessary-- 7,a7 to restore and sustain the ecological health of the ,lake ,tahoe ,basin2 7,b7 to adapt to the impacts of fluctuating water temperature and precipitation2 and 7,c7 to prevent the introduction and establishment of invasive species in the ,lake ,tahoe ,basin2 and 7#ag7 the ,secretary has indicated that the ,lake ,tahoe ,basin ,management ,unit has the capacity for at least #aj1jjj1jjj annually for the ,fire ,risk ,reduction and ,forest ,management ,program4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to enable the ,chief of the ,forest ,service1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 and the ,administrator1 in cooperation with the ,planning ,agency and the ,states of ,california and ,nevada1 to fund1 plan1 and implement significant new environmental restoration activities and forest management activities in the ,lake ,tahoe ,basin2 7#b7 to ensure that ,federal1 ,state1 local1 regional1 tribal1 and private entities continue to work together to manage land in the ,lake ,tahoe ,basin2 7#c7 to support local governments in efforts related to environmental restoration1 stormwater pollution control1 fire risk reduction1 and forest management activities2 and 7#d7 to ensure that agency and science community representatives in the ,lake ,tahoe ,basin work together-- 7,a7 to develop and implement a plan for integrated monitoring1 assessment1 and applied research to evaluate the effectiveness of the ,environmental ,improvement ,program2 and 7,b7 to provide objective information as a basis for ongoing decisionmaking1 with an emphasis on decisionmaking relating to resource management in the ,lake ,tahoe ,basin4 4 #gfbb4 ,definitions ,the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 is amended by striking section #c and inserting the following3 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of the ,army for ,civil ,works4 7#c7 ,chair ,the term ,chair means the ,chair of the ,federal ,partnership4 7#d7 ,compact ,the term ,compact means the ,tahoe ,regional ,planning ,compact included in the first section of ,public ,law #if-eea 7#id ,stat4 #cbcc74 7#e7 ,directors ,the term ,directors means-- 7,a7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7,b7 the ,director of the ,united ,states ,geological ,survey4 7#f7 ,environmental improvement program ,the term ,environmental ,improvement ,program means-- 7,a7 the ,environmental ,improvement ,program adopted by the ,planning ,agency2 and 7,b7 any amendments to the ,program4 7#g7 ,environmental threshold carrying capacity ,the term environmental threshold carrying capacity has the meaning given the term in ,article ,,ii of the ,compact4 7#h7 ,federal partnership ,the term ,federal ,partnership means the ,lake ,tahoe ,federal ,interagency ,partnership established by ,executive ,order #acjeg 7#fb ,fed4 ,reg4 #dabdi7 7or a successor ,executive order74 7#i7 ,forest management activity ,the term forest management activity includes-- 7,a7 prescribed burning for ecosystem health and hazardous fuels reduction2 7,b7 mechanical and minimum tool treatment2 7,c7 stream environment zone restoration and other watershed and wildlife habitat enhancements2 7,d7 nonnative invasive species management2 and 7,e7 other activities consistent with ,forest ,service practices1 as the ,secretary determines to be appropriate4 7#aj7 ,maps ,the term ,maps means the maps-- 7,a7 entitled-- 7i7 ,,ltra ,,usfs-,,ca ,land ,exchange_/,north ,shore2 7ii7 ,,ltra ,,usfs-,,ca ,land ,exchange_/,west ,shore2 and 7iii7 ,,ltra ,,usfs-,,ca ,land ,exchange_/,south ,shore2 and 7,b7 dated ,january #d1 #bjaf1 and on file and available for public inspection in the appropriate offices of-- 7i7 the ,forest ,service2 7ii7 the ,california ,tahoe ,conservancy2 and 7iii7 the ,california ,department of ,parks and ,recreation4 7#aa7 ,national wildland fire code ,the term national wildland fire code means-- 7,a7 the most recent publication of the ,national ,fire ,protection ,association codes numbered #aada1 #aadb1 #aadc1 and #aadd2 7,b7 the most recent publication of the ,international ,wildland-,urban ,interface ,code of the ,international ,code ,council2 or 7,c7 any other code that the ,secretary determines provides the same1 or better1 standards for protection against wildland fire as a code described in subparagraph 7,a7 or 7,b74 7#ab7 ,planning agency ,the term ,planning ,agency means the ,tahoe ,regional ,planning ,agency established under ,public ,law #ia-adh 7#hc ,stat4 #cfj7 and ,public ,law #if-eea 7#id ,stat4 #cbcc74 7#ac7 ,priority list ,the term ,priority ,list means the environmental restoration priority list developed under section #e7;b74 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7#ae7 ,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 groundwater4 7#af7 ,total maximum daily load ,the term total maximum daily load means the total maximum daily load allocations adopted under section #cjc7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac7;d774 7#ag7 ,watercraft ,the term watercraft means motorized and non-motorized watercraft1 including boats1 seaplanes1 personal watercraft1 kayaks1 and canoes4 4 #gfbc4 ,improved administration of the ,lake ,tahoe ,basin ,management ,unit ,section #d of the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcec7 is amended-- 7#a7 in subsection 7b77#c71 by striking basin and inserting ,basin2 and 7#b7 by adding at the end the following3 7c7 ,forest management activities 7#a7 ,coordination 7,a7 ,in general ,in conducting forest management activities in the ,lake ,tahoe ,basin ,management ,unit1 the ,secretary shall1 as appropriate1 coordinate with the ,administrator and ,state and local agencies and organizations1 including local fire departments and volunteer groups4 7,b7 ,goals ,the coordination of activities under subparagraph 7,a7 should aim to increase efficiencies and maximize the compatibility of management practices across public property boundaries4 7#b7 ,multiple benefits 7,a7 ,in general ,in conducting forest management activities in the ,lake ,tahoe ,basin ,management ,unit1 the ,secretary shall conduct the activities in a manner that-- 7i7 except as provided in subparagraph 7,b71 attains multiple ecosystem benefits1 including-- 7,i7 reducing forest fuels2 7,,ii7 maintaining biological diversity2 7,,iii7 improving wetland and water quality1 including in ,stream ,environment ,zones2 and 7,,iv7 increasing resilience to changing water temperature and precipitation2 and 7ii7 helps achieve and maintain the environmental threshold carrying capacities established by the ,planning ,agency4 7,b7 ,exception ,notwithstanding subparagraph 7,a77i71 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 activity4 7#c7 ,ground disturbance ,consistent with applicable ,federal law and ,lake ,tahoe ,basin ,management ,unit land and resource management plan direction1 the ,secretary shall-- 7,a7 establish post-program ground condition criteria for ground disturbance caused by forest management activities2 and 7,b7 provide for monitoring to ascertain the attainment of the post-program conditions4 7d7 ,withdrawal of ,federal land 7#a7 ,in general ,subject to valid existing rights and paragraph 7#b71 the ,federal land located in the ,lake ,tahoe ,basin ,management ,unit is withdrawn from-- 7,a7 all forms of entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws relating to mineral and geothermal leasing4 7#b7 ,exceptions ,a conveyance of land shall be exempt from withdrawal under this subsection if carried out under-- 7,a7 this ,act2 or 7,b7 ,public ,law #if-ehf 7#id ,stat4 #ccha7 7commonly known as the ,santini-,burton ,act74 7e7 ,environmental threshold carrying capacity ,the ,lake ,tahoe ,basin ,management ,unit shall support the attainment of the environmental threshold carrying capacities4 7f7 ,cooperative authorities ,during the #d fiscal years following the date of enactment of the ,water ,resources ,development ,act of #bjaf1 the ,secretary1 in conjunction with land adjustment programs1 may enter into contracts and cooperative agreements with ,states1 units of local government1 and other public and private entities to provide for fuel reduction1 erosion control1 reforestation1 ,stream ,environment ,zone restoration1 and similar management activities on ,federal land and non-,federal land within the programs4 4 #gfbd4 ,authorized programs ,the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 is amended by striking section #e and inserting the following3 #e4 ,authorized programs 7a7 ,in general ,the ,secretary1 the ,assistant ,secretary1 the ,directors1 and the ,administrator1 in coordination with the ,planning ,agency and the ,states of ,california and ,nevada1 may carry out or provide financial assistance to any program that-- 7#a7 is described in subsection 7d72 7#b7 is included in the ,priority ,list under subsection 7b72 and 7#c7 furthers the purposes of the ,environmental ,improvement ,program if the program has been subject to environmental review and approval1 respectively1 as required under ,federal law1 ,article ,,vii of the ,compact1 and ,state law1 as applicable4 7b7 ,priority list 7#a7 ,deadline ,not later than ,march #ae of the year after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 the ,chair1 in consultation with the ,secretary1 the ,administrator1 the ,directors1 the ,planning ,agency1 the ,states of ,california and ,nevada1 the ,federal ,partnership1 the ,washoe ,tribe1 the ,lake ,tahoe ,federal ,advisory ,committee1 and the ,tahoe ,science ,consortium 7or a successor organization7 shall submit to ,congress a prioritized ,environmental ,improvement ,program list for the ,lake ,tahoe ,basin for the program categories described in subsection 7d74 7#b7 ,criteria ,the ranking of the ,priority ,list shall be based on the best available science and the following criteria3 7,a7 ,the #d-year threshold carrying capacity evaluation4 7,b7 ,the ability to measure progress or success of the program4 7,c7 ,the potential to significantly contribute to the achievement and maintenance of the environmental threshold carrying capacities identified in ,article ,,ii of the ,compact4 7,d7 ,the ability of a program to provide multiple benefits4 7,e7 ,the ability of a program to leverage non-,federal contributions4 7,f7 ,stakeholder support for the program4 7,g7 ,the justification of ,federal interest4 7,h7 ,agency priority4 7,i7 ,agency capacity4 7,j7 ,cost-effectiveness4 7,k7 ,federal funding history4 7#c7 ,revisions ,the ,priority ,list submitted under paragraph 7#a7 shall be revised every #b years4 7#d7 ,funding ,of the amounts made available under section #aj7;a71 #hj1jjj1jjj shall be made available to the ,secretary to carry out projects listed on the ,priority ,list4 7c7 ,restriction ,the ,administrator shall use not more than #c percent of the funds provided under subsection 7a7 for administering the programs described in paragraphs 7#a7 and 7#b7 of subsection 7d74 7d7 ,description of activities 7#a7 ,fire risk reduction and forest management 7,a7 ,in general ,of the amounts made available under section #aj7;a71 #aej1jjj1jjj shall be made available to the ,secretary to carry out1 including by making grants1 the following programs3 7i7 ,programs identified as part of the ,lake ,tahoe ,basin ,multi-,jurisdictional ,fuel ,reduction and ,wildfire ,prevention ,strategy #aj-,year ,plan4 7ii7 ,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 #aj-year plan described in clause 7i74 7iii7 ,biomass programs1 including feasibility assessments4 7iv7 ,angora ,fire ,restoration under the jurisdiction of the ,secretary4 7v7 ,washoe ,tribe programs on tribal lands within the ,lake ,tahoe ,basin4 7vi7 ,development of an updated ,lake ,tahoe ,basin multijurisdictional fuel reduction and wildfire prevention strategy1 consistent with section #d7;c74 7vii7 ,development of updated community wildfire protection plans by local fire districts4 7viii7 ,municipal water infrastructure that significantly improves the firefighting capability of local government within the ,lake ,tahoe ,basin4 7ix7 ,stewardship end result contracting projects carried out under section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c74 7,b7 ,minimum allocation ,of the amounts made available to the ,secretary to carry out subparagraph 7,a71 at least #ajj1jjj1jjj shall be used by the ,secretary for programs under subparagraph 7,a77i74 7,c7 ,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 paragraph4 7,d7 ,cost-sharing requirements 7i7 ,in general ,as a condition on the receipt of funds1 communities or local fire districts that receive funds under this paragraph shall provide a #be-percent match4 7ii7 ,form of non-,federal share 7,i7 ,in general ,the non-,federal share required under clause 7i7 may be in the form of cash contributions or in-kind contributions1 including providing labor1 equipment1 supplies1 space1 and other operational needs4 7,,ii7 ,credit for certain dedicated funding ,there shall be credited toward the non-,federal share required under clause 7i7 any dedicated funding of the communities or local fire districts for a fuels reduction management program1 defensible space inspections1 or dooryard chipping4 7,,iii7 ,documentation ,communities and local fire districts shall-- 7aa7 maintain a record of in-kind contributions that describes-- 7,,aa7 the monetary value of the in-kind contributions2 and 7,,bb7 the manner in which the in-kind contributions assist in accomplishing program goals and objectives2 and 7bb7 document in all requests for ,federal funding1 and include in the total program budget1 evidence of the commitment to provide the non-,federal share through in-kind contributions4 7#b7 ,invasive species management 7,a7 ,in general ,of the amounts made available under section #aj7;a71 #de1jjj1jjj 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 7,b74 7,b7 ,description of activities ,the ,director of the ,united ,states ,fish and ,wildlife ,service1 in coordination with the ,assistant ,secretary1 the ,planning ,agency1 the ,california ,department of ,fish and ,wildlife1 and the ,nevada ,department of ,wildlife1 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 region4 7,c7 ,criteria ,the strategies referred to in subparagraph 7,b7 shall provide that-- 7i7 combined inspection and decontamination stations be established and operated at not less than #b locations in the ,lake ,tahoe region2 and 7ii7 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 ,plan4 7,d7 ,certification ,the ,planning ,agency may certify ,state and local agencies to perform the decontamination activities described in subparagraph 7,c77i7 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 paragraph4 7,e7 ,applicability ,the strategies and criteria developed under this paragraph shall apply to all watercraft to be launched on water within the ,lake ,tahoe region4 7,f7 ,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 paragraph4 7,g7 ,civil penalties 7i7 ,in general ,any person that launches1 attempts to launch1 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 #a1jjj per violation4 7ii7 ,other authorities ,any penalties assessed under this subparagraph shall be separate from penalties assessed under any other authority4 7,h7 ,limitation ,the strategies and criteria under subparagraphs 7,b7 and 7,c71 respectively1 may be modified if the ,secretary of the ,interior1 in a nondelegable capacity and in consultation with the ,planning ,agency and ,state governments1 issues a determination that alternative measures will be no less effective at preventing introduction of aquatic invasive species into ,lake ,tahoe than the strategies and criteria developed under subparagraphs 7,b7 and 7,c71 respectively4 7,i7 ,supplemental authority ,the authority under this paragraph is supplemental to all actions taken by non-,federal regulatory authorities4 7,j7 ,savings clause ,nothing in this title restricts1 affects1 or amends any other law or the authority of any department1 instrumentality1 or agency of the ,united ,states1 or any ,state or political subdivision thereof1 respecting the control of invasive species4 7#c7 ,stormwater management1 erosion control1 and total watershed restoration ,of the amounts made available under section #aj7;a71 #aac1jjj1jjj shall be made available-- 7,a7 to the ,secretary1 the ,secretary of the ,interior1 the ,assistant ,secretary1 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 goals2 7,b7 for grants by the ,secretary and the ,administrator to carry out the programs described in subparagraph 7,a72 7,c7 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 #e7;b72 and 7,d7 for grants by the ,administrator to carry out the programs described in subparagraph 7,c74 7#d7 ,special status species management ,of the amounts made available under section #aj7;a71 #bj1jjj1jjj shall be made available to the ,director of the ,united ,states ,fish and ,wildlife ,service for the ,lahontan ,cutthroat ,trout ,recovery ,program4 4 #gfbe4 ,program performance and accountability ,the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 is amended by striking section #f and inserting the following3 #f4 ,program performance and accountability 7a7 ,program performance and accountability 7#a7 ,in general ,of the amounts made available under section #aj7;a71 not less than #e1jjj1jjj shall be made available to the ,secretary to carry out this section4 7#b7 ,planning agency ,of the amounts described in paragraph 7#a71 not less than #ej percent shall be made available to the ,planning ,agency to carry out the program oversight and coordination activities established under subsection 7d74 7b7 ,consultation ,in carrying out this ,act1 the ,secretary1 the ,administrator1 and the ,directors shall1 as appropriate and in a timely manner1 consult with the heads of the ,washoe ,tribe1 applicable ,federal1 ,state1 regional1 and local governmental agencies1 and the ,lake ,tahoe ,federal ,advisory ,committee4 7c7 ,corps of ,engineers2 interagency agreements 7#a7 ,in general ,the ,assistant ,secretary may enter into interagency agreements with non-,federal interests in the ,lake ,tahoe ,basin to use ,lake ,tahoe ,partnership-,miscellaneous ,general ,investigations funds to provide programmatic technical assistance for the ,environmental ,improvement ,program4 7#b7 ,local cooperation agreements 7,a7 ,in general ,before providing technical assistance under this section1 the ,assistant ,secretary shall enter into a local cooperation agreement with a non-,federal interest to provide for the technical assistance4 7,b7 ,components ,the agreement entered into under subparagraph 7,a7 shall-- 7i7 describe the nature of the technical assistance2 7ii7 describe any legal and institutional structures necessary to ensure the effective long-term viability of the end products by the non-,federal interest2 and 7iii7 include cost-sharing provisions in accordance with subparagraph 7,c74 7,c7 ,federal share 7i7 ,in general ,the ,federal share of program costs under each local cooperation agreement under this paragraph shall be #fe percent4 7ii7 ,form ,the ,federal share may be in the form of reimbursements of program costs4 7iii7 ,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 paragraph4 7d7 ,effectiveness evaluation and monitoring ,in carrying out this ,act1 the ,secretary1 the ,administrator1 and the ,directors1 in coordination with the ,planning ,agency and the ,states of ,california and ,nevada1 shall-- 7#a7 develop and implement a plan for integrated monitoring1 assessment1 and applied research to evaluate the effectiveness of the ,environmental ,improvement ,program2 7#b7 include funds in each program funded under this section for monitoring and assessment of results at the program level2 and 7#c7 use the integrated multiagency performance measures established under this section4 7e7 ,reporting requirements ,not later than ,march #ae of each year1 the ,secretary1 in cooperation with the ,chair1 the ,administrator1 the ,directors1 the ,planning ,agency1 and the ,states of ,california and ,nevada1 consistent with subsection 7a71 shall submit to ,congress a report that describes-- 7#a7 the status of all ,federal1 ,state1 local1 and private programs authorized under this ,act1 including to the maximum extent practicable1 for programs that will receive ,federal funds under this ,act during the current or subsequent fiscal year-- 7,a7 the program scope2 7,b7 the budget for the program2 and 7,c7 the justification for the program1 consistent with the criteria established in section #e7;b77#b72 7#b7 ,federal1 ,state1 local1 and private expenditures in the preceding fiscal year to implement the ,environmental ,improvement ,program2 7#c7 accomplishments in the preceding fiscal year in implementing this ,act in accordance with the performance measures and other monitoring and assessment activities2 and 7#d7 public education and outreach efforts undertaken to implement programs authorized under this ,act4 7f7 ,annual budget plan ,as part of the annual budget of the ,president1 the ,president shall submit information regarding each ,federal agency involved in the ,environmental ,improvement ,program 7including the ,forest ,service1 the ,environmental ,protection ,agency1 the ,united ,states ,fish and ,wildlife ,service1 the ,united ,states ,geological ,survey1 and the ,corps of ,engineers71 including-- 7#a7 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 year2 7#b7 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 year2 and 7#c7 a description of the ,federal role in the ,environmental ,improvement ,program1 including the specific role of each agency involved in the restoration of the ,lake ,tahoe ,basin4 4 #gfbf4 ,conforming amendments2 updates to related laws 7a7 ,lake ,tahoe ,restoration ,act ,the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 is amended-- 7#a7 by striking sections #h and #i2 7#b7 by redesignating sections #aj1 #aa1 and #ab as sections #h1 #i1 and #aj1 respectively2 and 7#c7 in section #i 7as redesignated by paragraph 7#b77 by inserting 1 ,director1 or ,administrator after ,secretary4 7b7 ,tahoe ,regional ,planning ,compact ,subsection 7c7 of ,article ,v of the ,tahoe ,regional ,planning ,compact 7,public ,law #if-eea2 #id ,stat4 #cbdj7 is amended in the third sentence by inserting and1 in so doing1 shall ensure that the regional plan reflects changing economic conditions and the economic effect of regulation on commerce after maintain the regional plan4 7c7 ,treatment under title #di1 ,united ,states ,code ,section #ecjc7r77#b77;,c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by inserting and #be square miles of land area after #ade1jjj2 and 7#b7 by inserting and #ab square miles of land area after #fe1jjj4 #gfbg4 ,authorization of appropriations ,the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 is amended by striking section #aj 7as redesignated by section #gfbf7;a77#b77 and inserting the following3 #aj4 ,authorization of appropriations 7a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #dae1jjj1jjj for a period of #aj fiscal years beginning the first fiscal year after the date of enactment of the ,water ,resources ,development ,act of #bjaf4 7b7 ,effect on other funds ,amounts authorized under this section and any amendments made by this ,act-- 7#a7 shall be in addition to any other amounts made available to the ,secretary1 the ,administrator1 or the ,directors for expenditure in the ,lake ,tahoe ,basin2 and 7#b7 shall not reduce allocations for other ,regions of the ,forest ,service1 the ,environmental ,protection ,agency1 or the ,united ,states ,fish and ,wildlife ,service4 7c7 ,cost-,sharing requirement ,except as provided in subsection 7d7 and section #e7;d77#a77;,d71 funds for activities carried out under section #e shall be available for obligation on a #a-to-#a basis with funding of restoration activities in the ,lake ,tahoe ,basin by the ,states of ,california and ,nevada4 7d7 ,relocation costs ,notwithstanding subsection 7c71 the ,secretary shall provide to local utility districts #b_/c of the costs of relocating facilities in connection with-- 7#a7 environmental restoration programs under sections #e and #f2 and 7#b7 erosion control programs under section #b of ,public ,law #if-ehf 7#id ,stat4 #ccha74 7e7 ,signage ,to the maximum extent practicable1 a program provided assistance under this ,act shall include appropriate signage at the program site that-- 7#a7 provides information to the public on-- 7,a7 the amount of ,federal funds being provided to the program2 and 7,b7 this ,act2 and 7#b7 displays the visual identity mark of the ,environmental ,improvement ,program4 4 #gfbh4 ,land transfers to improve management efficiencies of ,federal and ,state land ,section #c7;b7 of ,public ,law #if-ehf 7#id ,stat4 #cchd7 7commonly known as the ,santini-,burton ,act7 is amended-- 7#a7 by striking 7b7 ,lands and inserting the following3 7b7 ,administration of acquired land 7#a7 ,in general ,land 2 and 7#b7 by adding at the end the following3 7#b7 ,california conveyances 7,a7 ,in general ,if the ,state of ,california 7acting through the ,california ,tahoe ,conservancy and the ,california ,department of ,parks and ,recreation7 offers to donate to the ,united ,states the non-,federal land described in subparagraph 7,b77i71 the ,secretary-- 7i7 may accept the offer2 and 7ii7 convey to the ,state of ,california1 subject to valid existing rights and for no consideration1 all right1 title1 and interest of the ,united ,states in and to the ,federal land4 7,b7 ,description of land 7i7 ,non-federal land ,the non-,federal land referred to in subparagraph 7,a7 includes-- 7,i7 the approximately #a1icf acres of land administered by the ,california ,tahoe ,conservancy and identified on the ,maps as ,tahoe ,conservancy to the ,,usfs2 and 7,,ii7 the approximately #ahc acres of land administered by ,california ,state ,parks and identified on the ,maps as ,total ,,usfs to ,california4 7ii7 ,federal land ,the ,federal land referred to in subparagraph 7,a7 includes the approximately #a1iie acres of ,forest ,service land identified on the ,maps as ,u4,s4 ,forest ,service to ,conservancy and ,state ,parks4 7,c7 ,conditions ,any land conveyed under this paragraph shall-- 7i7 be for the purpose of consolidating ,federal and ,state ownerships and improving management efficiencies2 7ii7 not result in any significant changes in the uses of the land2 and 7iii7 be subject to the condition that the applicable deed include such terms1 restrictions1 covenants1 conditions1 and reservations as the ,secretary determines necessary-- 7,i7 to ensure compliance with this ,act2 and 7,,ii7 to ensure that the transfer of development rights associated with the conveyed parcels shall not be recognized or available for transfer under chapter #ea of the ,code of ,ordinances for the ,tahoe ,regional ,planning ,agency4 7,d7 ,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 applicable1 as of the date of enactment of the ,water ,resources ,development ,act of #bjaf1 to the land described in subparagraph 7,b77ii7 for the duration of the special use permits1 and subject to the terms and conditions of the special use permits4 7#c7 ,nevada conveyances 7,a7 ,in general ,in accordance with this section and on request by the ,governor of ,nevada1 the ,secretary may transfer the land or interests in land described in subparagraph 7,b7 to the ,state of ,nevada without consideration1 subject to appropriate deed restrictions to protect the environmental quality and public recreational use of the land transferred4 7,b7 ,description of land ,the land referred to in subparagraph 7,a7 includes-- 7i7 the approximately #ch4fh acres of ,forest ,service land identified on the map entitled ,state of ,nevada ,conveyances as ,van ,sickle ,unit ,,usfs ,inholding2 and 7ii7 the approximately #ib4bh acres of ,forest ,service land identified on the map entitled ,state of ,nevada ,conveyances as ,lake ,tahoe ,nevada ,state ,park ,,usfs ,inholding4 7,c7 ,conditions ,any land conveyed under this paragraph shall-- 7i7 be for the purpose of consolidating ,federal and ,state ownerships and improving management efficiencies2 7ii7 not result in any significant changes in the uses of the land2 and 7iii7 be subject to the condition that the applicable deed include such terms1 restrictions1 covenants1 conditions1 and reservations as the ,secretary determines necessary-- 7,i7 to ensure compliance with this ,act2 and 7,,ii7 to ensure that the development rights associated with the conveyed parcels shall not be recognized or available for transfer under section #ij4b of the ,code of ,ordinances for the ,tahoe ,regional ,planning ,agency4 7,d7 ,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 applicable1 as of the date of enactment of the ,water ,resources ,development ,act of #bjaf1 to the land described in subparagraph 7,b77ii7 for the duration of the special use permits1 and subject to the terms and conditions of the special use permits4 7#d7 ,authorization for conveyance of ,forest ,service urban lots 7,a7 ,conveyance authority ,except in the case of land described in paragraphs 7#b7 and 7#c71 the ,secretary of ,agriculture may convey any urban lot within the ,lake ,tahoe ,basin under the administrative jurisdiction of the ,forest ,service4 7,b7 ,consideration ,a conveyance under subparagraph 7,a7 shall require consideration in an amount equal to the fair market value of the conveyed lot4 7,c7 ,availability and use ,the proceeds from a conveyance under subparagraph 7,a7 shall be retained by the ,secretary of ,agriculture and used for-- 7i7 purchasing inholdings throughout the ,lake ,tahoe ,basin2 or 7ii7 providing additional funds to carry out the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea7 in excess of amounts made available under section #aj of that ,act4 7,d7 ,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 year4 7#e7 ,reversion ,if a parcel of land transferred under paragraph 7#b7 or 7#c7 is used in a manner that is inconsistent with the use described for the parcel of land in paragraph 7#b7 or 7#c71 respectively1 the parcel of land1 shall1 at the discretion of the ,secretary1 revert to the ,united ,states4 7#f7 ,funding 7,a7 ,in general ,of the amounts made available under section #aj7;a7 of the ,lake ,tahoe ,restoration ,act 7,public ,law #ajf-ejf2 #aad ,stat4 #bcea71 #b1jjj1jjj shall be made available to the ,secretary to carry out the activities under paragraphs 7#b71 7#c71 and 7#d74 7,b7 ,other funds ,of the amounts available to the ,secretary under paragraph 7#a71 not less than #ej percent shall be provided to the ,california ,tahoe ,conservancy to facilitate the conveyance of land described in paragraphs 7#b7 and 7#c74 4 ,,iii ,long ,island ,sound ,restoration #gfca4 ,restoration and stewardship programs 7a7 ,long ,island ,sound restoration program ,section #aai of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfi7 is amended-- 7#a7 in subsection 7b71 by striking the subsection designation and heading and all that follows through ,the ,office shall and inserting the following3 7b7 ,office 7#a7 ,establishment ,the ,administrator shall-- 7,a7 continue to carry out the conference study2 and 7,b7 establish an office1 to be located on or near ,long ,island ,sound4 7#b7 ,administration and staffing ,the ,office shall 2 7#b7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,management ,conference of the ,long ,island ,sound ,study and inserting conference study2 7,b7 in paragraph 7#b7-- 7i7 in each of subparagraphs 7,a7 through 7,g71 by striking the commas at the end of the subparagraphs and inserting semicolons2 7ii7 in subparagraph 7,h71 by striking 1 and and inserting a semicolon2 7iii7 in subparagraph 7,i71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,j7 environmental impacts on the ,long ,island ,sound watershed1 including-- 7i7 the identification and assessment of vulnerabilities in the watershed2 7ii7 the development and implementation of adaptation strategies to reduce those vulnerabilities2 and 7iii7 the identification and assessment of the impacts of sea level rise on water quality1 habitat1 and infrastructure2 and 7,k7 planning initiatives for ,long ,island ,sound that identify the areas that are most suitable for various types or classes of activities in order to reduce conflicts among uses1 reduce adverse environmental impacts1 facilitate compatible uses1 or preserve critical ecosystem services to meet economic1 environmental1 security1 or social objectives2 2 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of ,long ,island ,sound2 2 7,d7 in paragraph 7#e71 by inserting study after conference2 7,e7 in paragraph 7#f7-- 7i7 by inserting 7including on the ,internet7 after the public2 and 7ii7 by inserting study after conference2 and 7,f7 by striking paragraph 7#g7 and inserting the following3 7#g7 monitor the progress made toward meeting the identified goals1 actions1 and schedules of the ,comprehensive ,conservation and ,management ,plan1 including through the implementation and support of a monitoring system for the ecological health and water quality conditions of ,long ,island ,sound2 and 2 7#c7 in subsection 7d77#c71 in the second sentence1 by striking #ej per centum and inserting #fj percent2 7#d7 by redesignating subsection 7f7 as subsection 7i72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,report 7#a7 ,in general ,not later than #b years after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 and biennially thereafter1 the ,director of the ,office1 in consultation with the ,governor of each ,long ,island ,sound ,state1 shall submit to ,congress a report that-- 7,a7 summarizes and assesses the progress made by the ,office and the ,long ,island ,sound ,states in implementing the ,long ,island ,sound ,comprehensive ,conservation and ,management ,plan1 including an assessment of the progress made toward meeting the performance goals and milestones contained in the ,plan2 7,b7 assesses the key ecological attributes that reflect the health of the ecosystem of the ,long ,island ,sound watershed2 7,c7 describes any substantive modifications to the ,long ,island ,sound ,comprehensive ,conservation and ,management ,plan made during the #b-year period preceding the date of submission of the report2 7,d7 provides specific recommendations to improve progress in restoring and protecting the ,long ,island ,sound watershed1 including1 as appropriate1 proposed modifications to the ,long ,island ,sound ,comprehensive ,conservation and ,management ,plan2 7,e7 identifies priority actions for implementation of the ,long ,island ,sound ,comprehensive ,conservation and ,management ,plan for the #b-year period following the date of submission of the report2 and 7,f7 describes the means by which ,federal funding and actions will be coordinated with the actions of the ,long ,island ,sound ,states and other entities4 7#b7 ,public availability ,the ,administrator shall make the report described in paragraph 7#a7 available to the public1 including on the ,internet4 7g7 ,annual budget plan ,the ,president shall submit1 together with the annual budget of the ,united ,states ,government submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code1 information regarding each ,federal department and agency involved in the protection and restoration of the ,long ,island ,sound watershed1 including-- 7#a7 an interagency crosscut budget that displays for each department and agency-- 7,a7 the amount obligated during the preceding fiscal year for protection and restoration projects and studies relating to the watershed2 7,b7 the estimated budget for the current fiscal year for protection and restoration projects and studies relating to the watershed2 and 7,c7 the proposed budget for succeeding fiscal years for protection and restoration projects and studies relating to the watershed2 and 7#b7 a summary of any proposed modifications to the ,long ,island ,sound ,comprehensive ,conservation and ,management ,plan for the following fiscal year4 7h7 ,federal entities 7#a7 ,coordination ,the ,administrator shall coordinate the actions of all ,federal departments and agencies that impact water quality in the ,long ,island ,sound watershed in order to improve the water quality and living resources of the watershed4 7#b7 ,methods ,in carrying out this section1 the ,administrator1 acting through the ,director of the ,office1 may-- 7,a7 enter into interagency agreements2 and 7,b7 make intergovernmental personnel appointments4 7#c7 ,federal participation in watershed planning ,a ,federal department or agency that owns or occupies real property1 or carries out activities1 within the ,long ,island ,sound watershed shall participate in regional and subwatershed planning1 protection1 and restoration activities with respect to the watershed4 7#d7 ,consistency with comprehensive conservation and management plan ,to the maximum extent practicable1 the head of each ,federal department and agency that owns or occupies real property1 or carries out activities1 within the ,long ,island ,sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the ,long ,island ,sound ,comprehensive ,conservation and ,management ,plan 7including any related subsequent agreements and plans74 4 7b7 ,long ,island ,sound stewardship program 7#a7 ,long ,island ,sound ,stewardship ,advisory ,committee ,section #h of the ,long ,island ,sound ,stewardship ,act of #bjjf 7#cc ,u4,s4,c4 #abfi note2 ,public ,law #aji-cei7 is amended-- 7,a7 in subsection 7g71 by striking #bjaa and inserting #bjba2 and 7,b7 by adding at the end the following3 7h7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to-- 7#a7 the ,advisory ,committee2 or 7#b7 any board1 committee1 or other group established under this ,act4 4 7#b7 ,reports ,section #i7;b77#a7 of the ,long ,island ,sound ,stewardship ,act of #bjjf 7#cc ,u4,s4,c4 #abfi note2 ,public ,law #aji-cei7 is amended in the matter preceding subparagraph 7,a7 by striking #bjaa and inserting #bjba4 7#c7 ,authorization ,section #aa of the ,long ,island ,sound ,stewardship ,act of #bjjf 7#cc ,u4,s4,c4 #abfi note2 ,public ,law #aji-cei7 is amended-- 7,a7 by striking subsection 7a72 7,b7 by redesignating subsections 7b7 through 7d7 as subsections 7a7 through 7c71 respectively2 and 7,c7 in subsection 7a7 7as so redesignated71 by striking under this section each and inserting to carry out this ,act for a4 7#d7 ,effective date ,the amendments made by this subsection take effect on ,october #a1 #bjaa4 #gfcb4 ,reauthorization 7a7 ,in general ,there are authorized to be appropriated to the ,administrator such sums as are necessary for each of fiscal years #bjag through #bjba for the implementation of-- 7#a7 section #aai of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfi71 other than subsection 7d7 of that section2 and 7#b7 the ,long ,island ,sound ,stewardship ,act of #bjjf 7#cc ,u4,s4,c4 #abfi note2 ,public ,law #aji-cei74 7b7 ,long ,island ,sound grants ,there is authorized to be appropriated to the ,administrator to carry out section #aai7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfi7;d77 #dj1jjj1jjj for each of fiscal years #bjag through #bjba4 7c7 ,long ,island ,sound stewardship grants ,there is authorized to be appropriated to the ,administrator to carry out the ,long ,island ,sound ,stewardship ,act of #bjjf 7#cc ,u4,s4,c4 #abfi note2 ,public ,law #aji-cei7 #be1jjj1jjj for each of fiscal years #bjag through #bjba4 ,,iv ,delaware ,river ,basin ,conservation #gfda4 ,findings ,congress finds that-- 7#a7 the ,delaware ,river ,basin is a national treasure of great cultural1 environmental1 ecological1 and economic importance2 7#b7 the ,basin contains over #ab1ejj square miles of land in the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania1 including nearly #hjj square miles of bay and more than #b1jjj tributary rivers and streams2 7#c7 the ,basin is home to more than #h1jjj1jjj people who depend on the ,delaware ,river and the ,delaware ,bay as an economic engine1 a place of recreation1 and a vital habitat for fish and wildlife2 7#d7 the ,basin provides clean drinking water to more than #ae1jjj1jjj people1 including ,new ,york ,city1 which relies on the ,basin for approximately half of the drinking water supply of the city1 and ,philadelphia1 whose most significant threat to the drinking water supply of the city is loss of forests and other natural cover in the ,upper ,basin1 according to a study conducted by the ,philadelphia ,water ,department2 7#e7 the ,basin contributes #be1jjj1jjj1jjj annually in economic activity1 provides #ba1jjj1jjj1jjj in ecosystem goods and services per year1 and is directly or indirectly responsible for #fjj1jjj jobs with #aj1jjj1jjj1jjj in annual wages2 7#f7 almost #ahj species of fish and wildlife are considered special status species in the ,basin due to habitat loss and degradation1 particularly sturgeon1 eastern oyster1 horseshoe crabs1 and red knots1 which have been identified as unique species in need of habitat improvement2 7#g7 the ,basin provides habitat for over #bjj resident and migrant fish species1 includes significant recreational fisheries1 and is an important source of eastern oyster1 blue crab1 and the largest population of the ,american horseshoe crab2 7#h7 the annual dockside value of commercial eastern oyster fishery landings for the ,delaware ,estuary is nearly #d1jjj1jjj1 making it the fourth most lucrative fishery in the ,delaware ,river ,basin watershed1 and proven management strategies are available to increase oyster habitat1 abundance1 and harvest2 7#i7 the ,delaware ,bay has the second largest concentration of shorebirds in ,north ,america and is designated as one of the #d most important shorebird migration sites in the world2 7#aj7 the ,basin1 #ej percent of which is forested1 also has over #gjj1jjj acres of wetland1 more than #abf1jjj acres of which are recognized as internationally important1 resulting in a landscape that provides essential ecosystem services1 including recreation1 commercial1 and water quality benefits2 7#aa7 much of the remaining exemplary natural landscape in the ,basin is vulnerable to further degradation1 as the ,basin gains approximately #aj square miles of developed land annually1 and with new development1 urban watersheds are increasingly covered by impervious surfaces1 amplifying the quantity of polluted runoff into rivers and streams2 7#ab7 the ,delaware ,river is the longest undammed river east of the ,mississippi2 a critical component of the ,national ,wild and ,scenic ,rivers ,system in the ,northeast1 with more than #djj miles designated2 home to one of the most heavily visited ,national ,park units in the ,united ,states1 the ,delaware ,water ,gap ,national ,recreation ,area2 and the location of #f ,national ,wildlife ,refuges2 7#ac7 the ,delaware ,river supports an internationally renowned cold water fishery in more than #hj miles of its northern headwaters that attracts tens of thousands of visitors each year and generates over #ba1jjj1jjj in annual revenue through tourism and recreational activities2 7#ad7 management of water volume in the ,basin is critical to flood mitigation and habitat for fish and wildlife1 and following #c major floods along the ,delaware ,river since #bjjd1 the ,governors of the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania have called for natural flood damage reduction measures to combat the problem1 including restoring the function of riparian corridors2 7#ae7 the ,delaware ,river ,port ,complex 7including docking facilities in the ,states of ,delaware1 ,new ,jersey1 and ,pennsylvania7 is one of the largest freshwater ports in the world1 the ,port of ,philadelphia handles the largest volume of international tonnage and #gj percent of the oil shipped to the ,east ,coast1 and the ,port of ,wilmington1 a full-service deepwater port and marine terminal supporting more than #ab1jjj jobs1 is the busiest terminal on the ,delaware ,river1 handling more than #djj vessels per year with an annual import_/export cargo tonnage of more than #d1jjj1jjj tons2 7#af7 the ,delaware ,estuary1 where freshwater from the ,delaware ,river mixes with saltwater from the ,atlantic ,ocean1 is one of the largest and most complex of the #bh estuaries in the ,national ,estuary ,program1 and the ,partnership for the ,delaware ,estuary works to improve the environmental health of the ,delaware ,estuary2 7#ag7 the ,delaware ,river ,basin ,commission is a ,federal-interstate 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 interest2 7#ah7 restoration activities in the ,basin are supported through several ,federal and ,state agency programs1 and funding for those important programs should continue and complement the establishment of the ,delaware ,river ,basin ,restoration ,program1 which is intended to build on and help coordinate restoration and protection funding mechanisms at the ,federal1 ,state1 regional1 and local levels2 and 7#ai7 the existing and ongoing voluntary conservation efforts in the ,delaware ,river ,basin necessitate improved efficiency and cost effectiveness1 as well as increased private-sector investments and coordination of ,federal and non-,federal resources4 #gfdb4 ,definitions ,in this part3 7#a7 ,basin ,the term ,basin means the #d-,state ,delaware ,basin region1 including all of ,delaware ,bay and portions of the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania located in the ,delaware ,river watershed4 7#b7 ,basin ,state ,the term ,basin ,state means each of the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania4 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation1 a congressionally chartered foundation established by section #b of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja74 7#e7 ,grant program ,the term grant program means the voluntary ,delaware ,river ,basin ,restoration ,grant ,program established under section #gfdd4 7#f7 ,program ,the term program means the nonregulatory ,delaware ,river ,basin restoration program established under section #gfdc4 7#g7 ,restoration and protection ,the term restoration and protection means the conservation1 stewardship1 and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend1 and for use and enjoyment by the public4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director4 7#i7 ,service ,the term ,service means the ,united ,states ,fish and ,wildlife ,service4 #gfdc4 ,program establishment 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a nonregulatory program to be known as the ,delaware ,river ,basin restoration program4 7b7 ,duties ,in carrying out the program1 the ,secretary shall-- 7#a7 draw on existing and new management plans for the ,basin1 or portions of the ,basin1 and work in consultation with applicable management entities1 including representatives of the ,partnership for the ,delaware ,estuary1 the ,delaware ,river ,basin ,commission1 the ,federal ,government1 and other ,state and local governments1 and regional and nonprofit organizations1 as appropriate1 to identify1 prioritize1 and implement restoration and protection activities within the ,basin2 7#b7 adopt a ,basinwide strategy that-- 7,a7 supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph 7#a72 7,b7 targets cost-effective projects with measurable results2 and 7,c7 maximizes conservation outcomes with no net gain of ,federal full-time equivalent employees2 and 7#c7 establish the voluntary grant and technical assistance programs in accordance with section #gfdd4 7c7 ,coordination ,in establishing the program1 the ,secretary shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,administrator2 7,b7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,c7 the ,chief of the ,natural ,resources ,conservation ,service2 7,d7 the ,chief of ,engineers2 and 7,e7 the head of any other applicable agency2 7#b7 the ,governors of the ,basin ,states2 7#c7 the ,partnership for the ,delaware ,estuary2 7#d7 the ,delaware ,river ,basin ,commission2 7#e7 fish and wildlife joint venture partnerships2 and 7#f7 other public agencies and organizations with authority for the planning and implementation of conservation strategies in the ,basin4 7d7 ,purposes ,the purposes of the program include-- 7#a7 coordinating restoration and protection activities among ,federal1 ,state1 local1 and regional entities and conservation partners throughout the ,basin2 and 7#b7 carrying out coordinated restoration and protection activities1 and providing for technical assistance throughout the ,basin and ,basin ,states-- 7,a7 to sustain and enhance fish and wildlife habitat restoration and protection activities2 7,b7 to improve and maintain water quality to support fish and wildlife1 as well as the habitats of fish and wildlife1 and drinking water for people2 7,c7 to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat2 7,d7 to improve opportunities for public access and recreation in the ,basin consistent with the ecological needs of fish and wildlife habitat2 7,e7 to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions2 7,f7 to engage the public through outreach1 education1 and citizen involvement1 to increase capacity and support for coordinated restoration and protection activities in the ,basin2 7,g7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated restoration and protection activities2 and 7,h7 to provide technical assistance to carry out restoration and protection activities in the ,basin4 #gfdd4 ,grants and assistance 7a7 ,delaware ,river ,basin ,restoration ,grant ,program ,to the extent that funds are available to carry out this section1 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 governments1 nonprofit organizations1 institutions of higher education1 and other eligible entities to carry out activities described in section #gfdc7;d74 7b7 ,criteria ,the ,secretary1 in consultation with the organizations described in section #gfdc7;c71 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 #gfdc7;d77#b7 and advance the implementation of priority actions or needs identified in the ,basinwide strategy adopted under section #gfdc7;b77#b74 7c7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the cost of a project funded under the grant program shall not exceed #ej percent of the total cost of the activity1 as determined by the ,secretary4 7#b7 ,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 materials4 7d7 ,administration 7#a7 ,in general ,the ,secretary may enter into an agreement to manage the grant program with the ,national ,fish and ,wildlife ,foundation or a similar organization that offers grant management services4 7#b7 ,funding ,if the ,secretary enters into an agreement under paragraph 7#a71 the organization selected shall-- 7,a7 for each fiscal year1 receive amounts to carry out this section in an advance payment of the entire amount on ,october #a1 or as soon as practicable thereafter1 of that fiscal year2 7,b7 invest and reinvest those amounts for the benefit of the grant program2 and 7,c7 otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this part4 7#c7 ,requirements ,if the ,secretary enters into an agreement with the ,foundation under paragraph 7#a71 any amounts received by the ,foundation under this section shall be subject to the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq471 excluding section #aj7;a7 of that ,act 7#af ,u4,s4,c4 #cgji7;a774 #gfde4 ,annual reports ,not later than #ahj days after the date of enactment of this ,act and annually thereafter1 the ,secretary shall submit to ,congress a report on the implementation of this part1 including a description of each project that has received funding under this part4 #gfdf4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this part #e1jjj1jjj for each of fiscal years #bjag through #bjbb4 7b7 ,use ,of any amount made available under this section for each fiscal year1 the ,secretary shall use at least #ge percent to carry out the grant program under section #gfdd and to provide1 or provide for1 technical assistance under that program4 ,v ,columbia ,river ,basin ,restoration #gfea4 ,columbia river basin restoration ,title ,i of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is amended by adding at the end the following3 #abc4 ,columbia river basin restoration 7a7 ,definitions 7#a7 ,columbia river basin ,the term ,columbia ,river ,basin means the entire ,united ,states portion of the ,columbia ,river watershed4 7#b7 ,estuary partnership ,the term ,estuary ,partnership means the ,lower ,columbia ,estuary ,partnership1 an entity created by the ,states of ,oregon and ,washington and the ,environmental ,protection ,agency under section #cbj4 7#c7 ,estuary plan 7,a7 ,in general ,the term ,estuary ,plan means the ,estuary ,partnership ,comprehensive ,conservation and ,management ,plan adopted by the ,environmental ,protection ,agency and the ,governors of ,oregon and ,washington on ,october #bj1 #aiii1 under section #cbj4 7,b7 ,inclusion ,the term ,estuary ,plan includes any amendments to the plan4 7#d7 ,lower ,columbia ,river ,estuary ,the term ,lower ,columbia ,river ,estuary means the mainstem ,columbia ,river from the ,bonneville ,dam to the ,pacific ,ocean and tidally influenced portions of tributaries to the ,columbia ,river in that region4 7#e7 ,middle and ,upper ,columbia ,river ,basin ,the term ,middle and ,upper ,columbia ,river ,basin means the region consisting of the ,united ,states portion of the ,columbia ,river ,basin above ,bonneville ,dam4 7#f7 ,program ,the term ,program means the ,columbia ,river ,basin ,restoration ,program established under subsection 7b77#a77;,a74 7b7 ,columbia ,river ,basin ,restoration ,program 7#a7 ,establishment 7,a7 ,in general ,the ,administrator shall establish within the ,environmental ,protection ,agency a ,columbia ,river ,basin ,restoration ,program4 7,b7 ,effect 7i7 ,the establishment of the ,program does not modify any legal or regulatory authority or program in effect as of the date of enactment of this section1 including the roles of ,federal agencies in the ,columbia ,river ,basin4 7ii7 ,this section does not create any new regulatory authority4 7#b7 ,scope of program ,the ,program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities throughout the ,columbia ,river ,basin4 7#c7 ,duties ,the ,administrator shall-- 7,a7 assess trends in water quality1 including trends that affect uses of the water of the ,columbia ,river ,basin2 7,b7 collect1 characterize1 and assess data on water quality to identify possible causes of environmental problems2 and 7,c7 provide grants in accordance with subsection 7d7 for projects that assist in-- 7i7 eliminating or reducing pollution2 7ii7 cleaning up contaminated sites2 7iii7 improving water quality2 7iv7 monitoring to evaluate trends2 7v7 reducing runoff2 7vi7 protecting habitat2 or 7vii7 promoting citizen engagement or knowledge4 7c7 ,stakeholder ,working ,group 7#a7 ,establishment ,the ,administrator shall establish a ,columbia ,river ,basin ,restoration ,working ,group 7referred to in this subsection as the ,working ,group74 7#b7 ,membership 7,a7 ,in general ,membership in the ,working ,group shall be on a voluntary basis and any person invited by the ,administrator under this subsection may decline membership4 7,b7 ,invited representatives ,the ,administrator shall invite1 at a minimum1 representatives of-- 7i7 each ,state located in whole or in part within the ,columbia ,river ,basin2 7ii7 the ,governors of each ,state located in whole or in part with the ,columbia ,river ,basin2 7iii7 each federally recognized ,indian tribe in the ,columbia ,river ,basin2 7iv7 local governments located in the ,columbia ,river ,basin2 7v7 industries operating in the ,columbia ,river ,basin that affect or could affect water quality2 7vi7 electric1 water1 and wastewater utilities operating in the ,columba ,river ,basin2 7vii7 private landowners in the ,columbia ,river ,basin2 7viii7 soil and water conservation districts in the ,columbia ,river ,basin2 7ix7 nongovernmental organizations that have a presence in the ,columbia ,river ,basin2 7x7 the general public in the ,columbia ,river ,basin2 and 7xi7 the ,estuary ,partnership4 7#c7 ,geographic representation ,the ,working ,group shall include representatives from-- 7,a7 each ,state2 and 7,b7 each of the ,lower1 ,middle1 and ,upper ,basins of the ,columbia ,river4 7#d7 ,duties and responsibilities ,the ,working ,group shall-- 7,a7 recommend and prioritize projects and actions2 and 7,b7 review the progress and effectiveness of projects and actions implemented4 7#e7 ,lower ,columbia ,river ,estuary 7,a7 ,estuary partnership ,the ,estuary ,partnership shall perform the duties and fulfill the responsibilities of the ,working ,group described in paragraph 7#d7 as those duties and responsibilities relate to the ,lower ,columbia ,river ,estuary for such time as the ,estuary ,partnership is the management conference for the ,lower ,columbia ,river ,national ,estuary ,program under section #cbj4 7,b7 ,designation ,if the ,estuary ,partnership ceases to be the management conference for the ,lower ,columbia ,river ,national ,estuary ,program under section #cbj1 the ,administrator may designate the new management conference to assume the duties and responsibilities of the ,working ,group described in paragraph 7#d7 as those duties and responsibilities relate to the ,lower ,columbia ,river ,estuary4 7,c7 ,incorporation ,if the ,estuary ,partnership is removed from the ,national ,estuary ,program1 the duties and responsibilities for the lower #adf miles of the ,columbia ,river pursuant to this ,act shall be incorporated into the duties of the ,working ,group4 7d7 ,grants 7#a7 ,in general ,the ,administrator shall establish a voluntary1 competitive ,columbia ,river ,basin program to provide grants to ,state governments1 tribal governments1 regional water pollution control agencies and entities1 local government entities1 nongovernmental entities1 or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of environmental protection and restoration activities throughout the ,columbia ,river ,basin4 7#b7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of the cost of any project or activity carried out using funds from a grant provided to any person 7including a ,state1 tribal1 or local government or interstate or regional agency7 under this subsection for a fiscal year-- 7i7 shall not exceed #ge percent of the total cost of the project or activity2 and 7ii7 shall be made on condition that the non-,federal share of that total cost shall be provided from non-,federal sources4 7,b7 ,exceptions ,with respect to cost-sharing for a grant provided under this subsection-- 7i7 a tribal government may use ,federal funds for the non-,federal share2 and 7ii7 the ,administrator may increase the ,federal share under such circumstances as the ,administrator determines to be appropriate4 7#c7 ,allocation ,in making grants using funds appropriated to carry out this section1 the ,administrator shall-- 7,a7 provide not less than #be percent of the funds to make grants for projects1 programs1 and studies in the ,lower ,columbia ,river ,estuary2 7,b7 provide not less than #be percent of the funds to make grants for projects1 programs1 and studies in the ,middle and ,upper ,columbia ,river ,basin1 which includes the ,snake ,river ,basin2 and 7,c7 retain for ,environmental ,protection ,agency not more than #e percent of the funds for purposes of implementing this section4 7#d7 ,reporting 7,a7 ,in general ,each grant recipient under this subsection shall submit to the ,administrator reports on progress being made in achieving the purposes of this section4 7,b7 ,requirements ,the ,administrator shall establish requirements and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this section4 7#e7 ,relationship to other funding 7,a7 ,in general ,nothing in this subsection limits the eligibility of the ,estuary ,partnership to receive funding under section #cbj7;g74 7,b7 ,limitation ,none of the funds made available under this subsection may be used for the administration of a management conference under section #cbj4 7e7 ,annual budget plan ,the ,president1 as part of the annual budget submission of the ,president to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 shall submit information regarding each ,federal agency involved in protection and restoration of the ,columbia ,river ,basin1 including an interagency crosscut budget that displays for each ,federal agency-- 7#a7 the amounts obligated for the preceding fiscal year for protection and restoration projects1 programs1 and studies relating to the ,columbia ,river ,basin2 7#b7 the estimated budget for the current fiscal year for protection and restoration projects1 programs1 and studies relating to the ,columbia ,river ,basin2 and 7#c7 the proposed budget for protection and restoration projects1 programs1 and studies relating to the ,columbia ,river ,basin4 4 ,g ,innovative water infrastructure workforce development #ggja4 ,innovative water infrastructure workforce development program 7a7 ,grants authorized ,the ,administrator shall establish a competitive grant program to assist the development of innovative activities relating to workforce development in the water utility sector4 7b7 ,selection of grant recipients ,in awarding grants under subsection 7a71 the ,administrator shall1 to the maximum extent practicable1 select water utilities that-- 7#a7 are geographically diverse2 7#b7 address the workforce and human resources needs of large and small public water and wastewater utilities2 7#c7 address the workforce and human resources needs of urban and rural public water and wastewater utilities2 7#d7 advance training relating to construction1 utility operations1 treatment and distribution1 green infrastructure1 customer service1 maintenance1 and engineering2 and 7#e7 7,a7 have a high retiring workforce rate2 or 7,b7 are located in areas with a high unemployment rate4 7c7 ,use of funds ,grants awarded under subsection 7a7 may be used for activities such as-- 7#a7 targeted internship1 apprenticeship1 preapprenticeship1 and post-secondary bridge programs for mission-critical skilled trades1 in collaboration with labor organizations1 community colleges1 and other training and education institutions that provide-- 7,a7 on-the-job training2 7,b7 soft and hard skills development2 7,c7 test preparation for skilled trade apprenticeships2 or 7,d7 other support services to facilitate post-secondary success2 7#b7 kindergarten through #abth grade and young adult education programs that-- 7,a7 educate young people about the role of water and wastewater utilities in the communities of the young people2 7,b7 increase the career awareness and exposure of the young people to water utility careers through various work-based learning opportunities inside and outside the classroom2 and 7,c7 connect young people to post-secondary career pathways related to water utilities2 7#c7 regional industry and workforce development collaborations to identify water utility employment needs1 map existing career pathways1 support the development of curricula1 facilitate the sharing of resources1 and coordinate candidate development1 staff preparedness efforts1 and activities that engage and support-- 7,a7 water utilities employers2 7,b7 educational and training institutions2 7,c7 local community-based organizations2 7,d7 public workforce agencies2 and 7,e7 other related stakeholders2 7#d7 integrated learning laboratories embedded in high schools or other secondary educational institutions that provide students with-- 7,a7 hands-on1 contextualized learning opportunities2 7,b7 dual enrollment credit for post-secondary education and training programs2 and 7,c7 direct connection to industry employers2 and 7#e7 leadership development1 occupational training1 mentoring1 or cross-training programs that ensure that incumbent water and wastewater utilities workers are prepared for higher-level supervisory or management-level positions4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #a1jjj1jjj for each of fiscal years #bjag through #bjba4 ,h ,offset #ghja4 ,offset ,none of the funds available to the ,secretary of ,energy to provide any credit subsidy under subsection 7d7 of section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 as of the date of enactment of this ,act shall be obligated for new loan commitments under that subsection on or after ,october #a1 #bjbj4 ,,viii ,miscellaneous provisions #hjja4 ,approval of ,state programs for control of coal combustion residuals ,section #djje of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fide7 is amended by adding at the end the following3 7d7 ,state programs for control of coal combustion residuals 7#a7 ,approval by ,administrator 7,a7 ,in general ,each ,state may submit to the ,administrator1 in such form as the ,administrator may establish1 evidence of a permit program or other system of prior approval and conditions under ,state law for regulation by the ,state of coal combustion residual units that are located in the ,state in lieu of a ,federal program under this subsection4 7,b7 ,requirement ,not later than #ij days after the date on which a ,state submits the evidence described in subparagraph 7,a71 the ,administrator shall approve1 in whole or in part1 a permit program or other system of prior approval and conditions submitted under subparagraph 7,a7 if the ,administrator determines that the program or other system requires each coal combustion residual unit located in the ,state to achieve compliance with-- 7i7 the applicable criteria for coal combustion residual units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a72 or 7ii7 such other ,state criteria that the ,administrator1 after consultation with the ,state1 determines to be at least as protective as the criteria described in clause 7i74 7,c7 ,permit requirements ,the ,administrator may approve under subparagraph 7,b77ii7 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 technical standards under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 if1 based on site-specific conditions1 the technical standards established pursuant to an approved ,state program or other system are at least as protective as the technical standards under that part4 7,d7 ,withdrawal of approval 7i7 ,program review ,the ,administrator shall review programs or other systems approved under subparagraph 7,b7-- 7,i7 from time to time1 but not less frequently than once every #e years2 or 7,,ii7 on request of any ,state4 7ii7 ,notification and opportunity for a public hearing ,the ,administrator shall provide to the relevant ,state notice and an opportunity for a public hearing if the ,administrator determines that-- 7,i7 a revision or correction to the permit program or other system of prior approval and conditions of the ,state is required for the ,state to achieve compliance with the requirements of subparagraph 7,b72 7,,ii7 the ,state has not adopted and implemented an adequate permit program or other system of prior approval and conditions for each coal combustion residual unit located in the ,state to ensure compliance with the requirements of subparagraph 7,b72 or 7,,iii7 the ,state has1 at any time1 approved or failed to revoke a permit under this subsection that would lead to the violation of a law to protect human health or the environment of any other ,state4 7iii7 ,withdrawal 7,i7 ,in general ,the ,administrator shall withdraw approval of a ,state permit program or other system of prior approval and conditions if1 after the ,administrator provides notice and an opportunity for a public hearing to the relevant ,state under clause 7ii71 the ,administrator determines that the ,state has not corrected the deficiency4 7,,ii7 ,reinstatement of ,state approval ,any withdrawal of approval under subclause 7,i7 shall cease to be effective on the date on which the ,administrator makes a determination that the ,state permit program or other system of prior approval and conditions complies with the requirements of subparagraph 7,b74 7#b7 ,nonparticipating ,states 7,a7 ,definition of nonparticipating ,state ,in this paragraph1 the term nonparticipating ,state means a ,state-- 7i7 for which the ,administrator has not approved a ,state permit program or other system of prior approval and conditions under paragraph 7#a77;,b72 7ii7 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 7#a77;,a72 7iii7 the ,governor of which has provided notice to the ,administrator that1 not fewer than #ij days after the date on which the ,governor provides notice to the ,administrator1 the ,state relinquishes an approval under paragraph 7#a77;,b7 to operate a permit program or other system of prior approval and conditions2 or 7iv7 for which the ,administrator has withdrawn approval for a permit program or other system of prior approval and conditions under paragraph 7#a77;,d77iii74 7,b7 ,permit program ,in the case of a nonparticipating ,state for which the ,administrator makes a determination that the nonparticipating ,state lacks the capacity to implement a permit program or other system of prior approval and conditions and subject to the availability of appropriations1 the ,administrator may implement a permit program to require each coal combustion residual unit located in the nonparticipating ,state to achieve compliance with applicable criteria established by the ,administrator under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#c7 ,applicability of criteria ,the applicable criteria for coal combustion residual units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a71 shall apply to each coal combustion residual unit in a ,state unless-- 7,a7 a permit under a ,state permit program or other system of prior approval and conditions approved by the ,administrator under paragraph 7#a77;,b7 is in effect2 or 7,b7 a permit issued by the ,administrator in a ,state in which the ,administrator is implementing a permit program under paragraph 7#b77;,b7 is in effect4 7#d7 ,prohibition on open dumping 7,a7 ,in general ,except as provided in subparagraph 7,b77i7 and subject to subparagraph 7,b77ii71 the ,administrator may use the authority provided by sections #cjjg and #cjjh to enforce the prohibition against open dumping contained in subsection 7a7 with respect to a coal combustion residual unit4 7,b7 ,federal enforcement in approved ,state 7i7 ,in general ,in the case of a coal combustion residual unit located in a ,state that is approved to operate a permit program or other system of prior approval and conditions under paragraph 7#a77;,b71 the ,administrator may commence an administrative or judicial enforcement action under section #cjjh if-- 7,i7 the ,state requests that the ,administrator provide assistance in the performance of the enforcement action2 or 7,,ii7 after consideration of any other administrative or judicial enforcement action involving the coal combustion residual unit1 the ,administrator determines that an enforcement action is likely to be necessary to ensure that the coal combustion residual unit is operating in accordance with the criteria established under the permit program or other system of prior approval and conditions4 7ii7 ,notification ,in the case of an enforcement action by the ,administrator under clause 7i77,,ii71 before issuing an order or commencing a civil action1 the ,administrator shall notify the ,state in which the coal combustion residual unit is located4 7iii7 ,annual report to ,congress ,not later than ,december #ca1 #bjag1 and ,december #ca of each year thereafter1 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 7i77,,ii71 including a description of the basis for the enforcement action4 7#e7 ,indian country ,the ,administrator may establish and carry out a permit program1 in accordance with this subsection1 for coal combustion residual units in ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 to require each coal combustion residual unit located in ,indian country to achieve compliance with the applicable criteria established by the ,administrator under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#f7 ,treatment of coal combustion residual units ,a coal combustion residual unit shall be considered to be a sanitary landfill for purposes of subsection 7a7 only if the coal combustion residual unit is operating in accordance with-- 7,a7 the requirements established pursuant to a program for which an approval is provided by-- 7i7 the ,state in accordance with a program or system approved under paragraph 7#a77;,b72 or 7ii7 the ,administrator pursuant to paragraph 7#b77;,b7 or paragraph 7#e72 or 7,b7 the applicable criteria for coal combustion residual units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a74 7#g7 ,effect of subsection ,nothing in this subsection affects any authority1 regulatory determination1 other law1 or legal obligation in effect on the day before the date of enactment of the ,water ,resources ,development ,act of #bjaf4 4 #hjjb4 ,choctaw ,nation of ,oklahoma and the ,chickasaw ,nation water settlement 7a7 ,purposes ,the purposes of this section are-- 7#a7 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 section1 including all claims or defenses in and to ,chickasaw ,nation1 ,choctaw ,nation v4 ,fallin et al41 ,,civ #aa-ibg 7,w4,d4 ,ok471 ,,owrb v4 ,united ,states1 et al4 ,,civ #ab-bge 7,w4,d4 ,ok471 or any future stream adjudication2 7#b7 to approve1 ratify1 and confirm the ,settlement ,agreement2 7#c7 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 section2 7#d7 to approve1 ratify1 and confirm the amended storage contract among the ,state1 the ,city and the ,trust2 7#e7 to authorize and direct the ,secretary to approve the amended storage contract for the ,corps of ,engineers to perform all obligations under the #aigd storage contract1 the amended storage contract1 and this section2 and 7#f7 to authorize all actions necessary for the ,united ,states to meet its obligations under the ,settlement ,agreement1 the amended storage contract1 and this section4 7b7 ,definitions ,in this section3 7#a7 #aigd storage contract ,the term #aigd storage contract means the contract approved by the ,secretary on ,april #i1 #aigd1 between the ,secretary and the ,water ,conservation ,storage ,commission of the ,state of ,oklahoma pursuant to section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b71 and other applicable ,federal law4 7#b7 #bjaj agreement ,the term #bjaj agreement means the agreement entered into among the ,,owrb and the ,trust1 dated ,june #ae1 #bjaj1 relating to the assignment by the ,state of the #aigd storage contract and transfer of rights1 title1 interests1 and obligations under that contract to the ,trust1 including the interests of the ,state in the conservation storage capacity and associated repayment obligations to the ,united ,states4 7#c7 ,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 #d of the amended storage contract4 7#d7 ,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 allottee4 7#e7 ,allottee ,the term allottee means an enrolled member of the ,choctaw ,nation or citizen of the ,chickasaw ,nation who1 or whose estate1 holds an interest in an allotment4 7#f7 ,amended permit application ,the term amended permit application means the permit application of the ,city to the ,,owrb1 ,no4 #bjjg-ag1 as amended as provided by the ,settlement ,agreement4 7#g7 ,amended storage contract transfer agreement2 amended storage contract ,the terms amended storage contract transfer agreement and amended storage contract mean the #bjaj ,agreement between the ,city1 the ,trust1 and the ,,owrb1 as amended1 as provided by the ,settlement ,agreement and this section4 7#h7 ,atoka and ,sardis ,conservation ,projects ,fund ,the term ,atoka and ,sardis ,conservation ,projects ,fund means the ,atoka and ,sardis ,conservation ,projects ,fund established1 funded1 and managed in accordance with the ,settlement ,agreement4 7#i7 ,city ,the term ,city means the ,city of ,oklahoma ,city1 or the ,city and the ,trust acting jointly1 as applicable4 7#aj7 ,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 ,agreement4 7#aa7 ,conservation storage capacity ,the term conservation storage capacity means the total storage space as stated in the #aigd storage contract in ,sardis ,lake between elevations #eii4j feet above mean sea level and #edb4j feet above mean sea level1 which is estimated to contain #big1bjj acre-feet of water after adjustment for sediment deposits1 and which may be used for municipal and industrial water supply1 fish and wildlife1 and recreation4 7#ab7 ,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 7i7 have been satisfied4 7#ac7 ,future use storage ,the term future use storage means that portion of the conservation storage capacity that was designated by the #aigd ,contract to be utilized for future water use storage and was estimated to contain #aee1ejj acre feet of water after adjustment for sediment deposits1 or #eb4cbb percent of the conservation storage capacity4 7#ad7 ,nations ,the term ,nations means1 collectively1 the ,choctaw ,nation of ,oklahoma 7,choctaw ,nation7 and the ,chickasaw ,nation4 7#ae7 ,,owrb ,the term ,,owrb means the ,oklahoma ,water ,resources ,board4 7#af7 ,sardis ,lake ,the term ,sardis ,lake means the reservoir1 formerly known as ,clayton ,lake1 whose dam is located in ,section #ai1 ,township #b ,north1 ,range #ai ,east of the ,indian ,meridian1 ,pushmataha ,county1 ,oklahoma1 the construction1 operation1 and maintenance of which was authorized by section #bjc of the ,flood ,control ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aahg74 7#ag7 ,settlement ,agreement ,the term ,settlement ,agreement means the settlement agreement as approved by the ,nations1 the ,state1 the ,city1 and the ,trust effective ,august #bb1 #bjaf1 as revised to conform with this section1 as applicable4 7#ah7 ,settlement area ,the term settlement area means-- 7,a7 the area lying between-- 7i7 the ,south ,canadian ,river and ,arkansas ,river to the north2 7ii7 the ,oklahoma-,texas ,state line to the south2 7iii7 the ,oklahoma-,arkansas ,state line to the east2 and 7iv7 the #ihth ,meridian to the west2 and 7,b7 the area depicted in ,exhibit #a to the ,settlement ,agreement and generally including the following counties1 or portions of1 in the ,state3 7i7 ,atoka4 7ii7 ,bryan4 7iii7 ,carter4 7iv7 ,choctaw4 7v7 ,coal4 7vi7 ,garvin4 7vii7 ,grady4 7viii7 ,mc,clain4 7ix7 ,murray4 7x7 ,haskell4 7xi7 ,hughes4 7xii7 ,jefferson4 7xiii7 ,johnston4 7xiv7 ,latimer4 7xv7 ,le,flore4 7xvi7 ,love4 7xvii7 ,marshall4 7xviii7 ,mc,curtain4 7xix7 ,pittsburgh4 7xx7 ,pontotoc4 7xxi7 ,pushmataha4 7xxii7 ,stephens4 7#ai7 ,settlement area waters ,the term settlement area waters means the waters located-- 7,a7 within the settlement area2 and 7,b7 within a basin depicted in ,exhibit #aj to the ,settlement ,agreement1 including any of the following basins as denominated in the #bjab ,update of the ,oklahoma ,comprehensive ,water ,plan3 7i7 ,beaver ,creek 7#bd1 #be1 and #bf74 7ii7 ,blue 7#aa and #ab74 7iii7 ,clear ,boggy 7#i74 7iv7 ,kiamichi 7#e and #f74 7v7 ,lower ,arkansas 7#df and #dg74 7vi7 ,lower ,canadian 7#dh1 #ef1 #eg1 and #eh74 7vii7 ,lower ,little 7#b74 7viii7 ,lower ,washita 7#ad74 7ix7 ,mountain ,fork 7#d74 7x7 ,middle ,washita 7#ae and #af74 7xi7 ,mud ,creek 7#bc74 7xii7 ,muddy ,boggy 7#g and #h74 7xiii7 ,poteau 7#dd and #de74 7xiv7 ,red ,river ,mainstem 7#a1 #aj1 #ac1 and #ba74 7xv7 ,upper ,little 7#c74 7xvi7 ,walnut ,bayou 7#bb74 7#bj7 ,state ,the term ,state means the ,state of ,oklahoma4 7#ba7 ,trust 7,a7 ,in general ,the term ,trust means the ,oklahoma ,city ,water ,utilities ,trust1 formerly known as the ,oklahoma ,city ,municipal ,improvement ,authority1 a public trust established pursuant to ,state law with the ,city as the beneficiary4 7,b7 ,references ,a reference in this section to ,trust shall refer to the ,oklahoma ,city ,water ,utilities ,trust1 acting severally4 7c7 ,approval of the settlement agreement 7#a7 ,ratification 7,a7 ,in general ,except as modified by this section1 and to the extent the ,settlement ,agreement does not conflict with this section1 the ,settlement ,agreement is authorized1 ratified1 and confirmed4 7,b7 ,amendments ,if an amendment is executed to make the ,settlement ,agreement consistent with this section1 the amendment is also authorized1 ratified and confirmed to the extent the amendment is consistent with this section4 7#b7 ,execution of settlement agreement 7,a7 ,in general ,to the extent the ,settlement ,agreement does not conflict with this section1 the ,secretary of the ,interior shall promptly execute the ,settlement ,agreement1 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 section4 7,b7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,approval of the amended storage contract and #aigd storage contract 7#a7 ,ratification 7,a7 ,in general ,except to the extent any provision of the amended storage contract conflicts with any provision of this section1 the amended storage contract is authorized1 ratified1 and confirmed4 7,b7 #aigd storage contract ,to the extent the amended storage contract1 as authorized1 ratified1 and confirmed1 modifies or amends the #aigd storage contract1 the modification or amendment to the #aigd storage contract is authorized1 ratified1 and confirmed4 7,c7 ,amendments ,to the extent an amendment is executed to make the amended storage contract consistent with this section1 the amendment is authorized1 ratified1 and confirmed4 7#b7 ,approval by the ,secretary ,after the ,state and the ,city execute the amended storage contract1 the ,secretary shall approve the amended storage contract4 7#c7 ,modification of ,september #aa1 #bjji1 order in ,united ,states v4 ,oklahoma ,water ,resources ,board1 ,,civ #ih-jjeba 7,n4,d4 ,ok7 ,the ,secretary1 through counsel1 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 #aa1 #bjji1 necessary to conform the order to the amended storage contract transfer agreement1 the ,settlement ,agreement1 and this section4 7#d7 ,conservation storage capacity ,the allocation of the use of the conservation storage capacity in ,sardis ,lake for administrative set-aside subcontracts1 ,city water supply1 and fish and wildlife and recreation as provided by the amended storage contract is authorized1 ratified and approved4 7#e7 ,activation2 waiver 7,a7 ,findings ,congress finds that-- 7i7 the earliest possible activation of any increment of future use storage in ,sardis ,lake will not occur until after #bjej2 and 7ii7 the obligation to make annual payments for the ,sardis future use storage operation1 maintenance and replacement costs1 capital costs1 or interest attributable to ,sardis future use storage only arises if1 and only to the extent1 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 water4 7,b7 ,waiver of obligations for storage that is not activated ,notwithstanding section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b71 section #bjc of the ,flood ,control ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aahg71 the #aigd storage contract1 or any other provision of law1 effective as of ,january #a1 #bjej-- 7i7 the entirety of any repayment obligations 7including interest71 relating to that portion of conservation storage capacity allocated by the #aigd storage contract to future use storage in ,sardis ,lake is waived and shall be considered nonreimbursable2 and 7ii7 any obligation of the ,state and1 on execution and approval of the amended storage contract1 of the ,city and the ,trust1 under the #aigd storage contract regarding capital costs and any operation1 maintenance1 and replacement costs and interest otherwise attributable to future use storage in ,sardis ,lake is waived and shall be nonreimbursable1 if by ,january #a1 #bjej1 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 water4 7#f7 ,consistent with authorized purposes2 no major operational change 7,a7 ,consistent with authorized purpose ,the amended storage contract1 the approval of the ,secretary of the amended storage contract1 and the waiver of future use storage under paragraph 7#e7-- 7i7 are deemed consistent with the authorized purposes for ,sardis ,lake as described in section #bjc of the ,flood ,control ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aahg7 and do not affect the authorized purposes for which the project was authorized1 surveyed1 planned1 and constructed2 and 7ii7 shall not constitute a reallocation of storage4 7,b7 ,no major operational change ,the amended storage contract1 the approval of the ,secretary of the amended storage contract1 and the waiver of future use storage under paragraph 7#e7 shall not constitute a major operational change under section #cja7;e7 of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7e774 7#g7 ,no further authorization required ,this section shall be considered sufficient and complete authorization1 without further study or analysis1 for-- 7,a7 the ,secretary to approve the amended storage contract2 and 7,b7 after approval under subparagraph 7,a71 the ,corps of ,engineers to manage storage in ,sardis ,lake pursuant to and in accordance with the #aigd storage contract1 the amended storage contract1 and the ,settlement ,agreement4 7e7 ,settlement area waters 7#a7 ,findings ,congress finds that-- 7,a7 pursuant to the ,atoka ,agreement as ratified by section #bi of the ,act of ,june #bh1 #ahih 7#cj ,stat4 #eje1 chapter #eag7 7as modified by the ,act of ,july #a1 #aijb 7#cb ,stat4 #fda1 chapter #acfb771 the ,nations issued patents to their respective tribal members and citizens and thereby conveyed to individual ,choctaws and ,chickasaws1 all right1 title1 and interest in and to land that was possessed by the ,nations1 other than certain mineral rights2 and 7,b7 when title passed from the ,nations to their respective tribal members and citizens1 the ,nations did not convey and those individuals did not receive any right of regulatory or sovereign authority1 including with respect to water4 7#b7 ,permitting1 allocation1 and administration of settlement area waters pursuant to the settlement agreement ,beginning on the enforceability date1 settlement area waters shall be permitted1 allocated1 and administered by the ,,owrb in accordance with the ,settlement ,agreement and this section4 7#c7 ,choctaw ,nation and ,chickasaw ,nation ,beginning on the enforceability date1 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 section4 7#d7 ,waiver and delegation by nations ,in addition to the waivers under subsection 7h71 the ,nations1 on their own behalf1 shall permanently delegate to the ,state any regulatory authority each ,nation may possess over water rights on allotments1 which the ,state shall exercise in accordance with the ,settlement ,agreement and this subsection4 7#e7 ,right to use water 7,a7 ,in general ,an allottee may use water on an allotment in accordance with the ,settlement ,agreement and this subsection4 7,b7 ,surface water use 7i7 ,in general ,an allottee may divert and use1 on the allotment of the allottee1 #f acre-feet per year of surface water per #afj acres1 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 ,act4 7ii7 ,effect of ,state law ,the use of surface water described in clause 7i7 shall be subject to all rights and protections of ,state law1 as of the date of enactment of this ,act1 including all protections against loss for nonuse4 7iii7 ,no permit required ,an allottee may divert water under this subsection without a permit or any other authorization from the ,,owrb4 7,c7 ,groundwater use 7i7 ,in general ,an allottee may drill wells on the allotment of the allottee to take and use for domestic uses the greater of-- 7,i7 #e acre-feet per year2 or 7,,ii7 any greater quantity allowed under ,state law4 7ii7 ,effect of ,state law ,the groundwater use described in clause 7i7 shall be subject to all rights and protections of ,state law1 as of the date of enactment of this ,act1 including all protections against loss for nonuse4 7iii7 ,no permit required ,an allottee may drill wells and use water under this subsection without a permit or any other authorization from the ,,owrb4 7,d7 ,future changes in ,state law 7i7 ,in general ,if ,state law changes to limit use of water to a quantity that is less than the applicable quantity specified in subparagraph 7,b7 or 7,c71 as applicable1 an allottee shall retain the right to use water in accord with those subparagraphs1 subject to paragraphs 7#f77;,b77iv7 and 7#g74 7ii7 ,opportunity to be heard ,prior to taking any action to limit the use of water by an individual1 the ,,owrb shall provide to the individual an opportunity to demonstrate that the individual is-- 7,i7 an allottee2 and 7,,ii7 using water on the allotment pursuant to and in accordance with the ,settlement ,agreement and this section4 7#f7 ,allottee options for additional water 7,a7 ,in general ,to use a quantity of water in excess of the quantities provided under paragraph 7#e71 an allottee shall-- 7i7 file an action under subparagraph 7,b72 or 7ii7 apply to the ,,owrb for a permit pursuant to1 and in accordance with1 ,state law4 7,b7 ,determination in ,federal district court 7i7 ,in general ,in lieu of applying to the ,,owrb for a permit to use more water than is allowed under paragraph 7#e71 an allottee may1 after written notice to the ,,owrb1 file an action in the ,united ,states ,district ,court for the ,western ,district of ,oklahoma for determination of the right to water of the allottee4 7ii7 ,jurisdiction ,for purposes of this subsection-- 7,i7 the ,united ,states ,district ,court for the ,western ,district of ,oklahoma shall have jurisdiction2 and 7,,ii7 the waivers of immunity under subparagraphs 7,a7 and 7,b7 of subsection 7j77#b7 shall apply4 7iii7 ,requirements ,an allottee filing an action pursuant to this subparagraph shall-- 7,i7 join the ,,owrb as a party2 and 7,,ii7 publish notice in a newspaper of general circulation within the ,settlement ,area ,hydrologic ,basin for #b consecutive weeks1 with the first publication appearing not later than #cj days after the date on which the action is filed4 7iv7 ,determination final 7,i7 ,in general ,subject to subclause 7,,ii71 if an allottee elects to have the rights of the allottee determined pursuant to this subparagraph1 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 7#e74 7,,ii7 ,reservation of rights ,subclause 7,i7 shall not preclude an allottee from-- 7aa7 applying to the ,,owrb for water rights pursuant to ,state law2 or 7bb7 using any rights allowed by ,state law that do not require a permit from the ,,owrb4 7#g7 ,,owrb administration and enforcement 7,a7 ,in general ,if an allottee exercises any right under paragraph 7#e7 or has rights determined under paragraph 7#f77;,b71 the ,,owrb shall have jurisdiction to administer those rights4 7,b7 ,challenges ,an allottee may challenge ,,owrb administration of rights determined under this paragraph1 in the ,united ,states ,district ,court for the ,western ,district of ,oklahoma4 7#h7 ,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 7including regulations74 7f7 ,city ,permit for appropriation of stream water from the ,kiamichi ,river ,the ,city permit shall be processed1 evaluated1 issued1 and administered consistent with and in accordance with the ,settlement ,agreement and this section4 7g7 ,settlement commission 7#a7 ,establishment ,there is established a ,settlement ,commission4 7#b7 ,members 7,a7 ,in general ,the ,settlement ,commission shall be comprised of #e members1 appointed as follows3 7i7 #a by the ,governor of the ,state4 7ii7 #a by the ,attorney ,general of the ,state4 7iii7 #a by the ,chief of the ,choctaw ,nation4 7iv7 #a by the ,governor of the ,chickasaw ,nation4 7v7 #a by agreement of the members described in clauses 7i7 through 7iv74 7,b7 ,jointly appointed member ,if the members described in clauses 7i7 through 7iv7 of subparagraph 7,a7 do not agree on a member appointed pursuant to subparagraph 7,a77v7-- 7i7 the members shall submit to the ,chief ,judge for the ,united ,states ,district ,court for the ,eastern ,district of ,oklahoma1 a list of not less than #c persons2 and 7ii7 from the list under clause 7i71 the ,chief ,judge shall make the appointment4 7,c7 ,initial appointments ,the initial appointments to the ,settlement ,commission shall be made not later than #ij days after the enforceability date4 7#c7 ,member terms 7,a7 ,in general ,each ,settlement ,commission member shall serve at the pleasure of appointing authority4 7,b7 ,compensation ,a member of the ,settlement ,commission shall serve without compensation1 but an appointing authority may reimburse the member appointed by the entity for costs associated with service on the ,settlement ,commission4 7,c7 ,vacancies ,if a member of the ,settlement ,commission is removed or resigns1 the appointing authority shall appoint the replacement member4 7,d7 ,jointly appointed member ,the member of the ,settlement ,commission described in paragraph 7#b77;,a77v7 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 member4 7#d7 ,duties ,the duties and authority of the ,settlement ,commission shall be set forth in the ,settlement ,agreement1 and the ,settlement ,commission shall not possess or exercise any duty or authority not stated in the ,settlement ,agreement4 7h7 ,waivers and releases of claims 7#a7 ,claims by the nations and the ,united ,states as trustee for the ,nations ,subject to the retention of rights and claims provided in paragraph 7#c7 and except to the extent that rights are recognized in the ,settlement ,agreement or this section1 the ,nations and the ,united ,states1 acting as a trustee for the ,nations1 shall execute a waiver and release of-- 7,a7 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 date1 including ,chickasaw ,nation1 ,choctaw ,nation v4 ,fallin et al41 ,,civ #aa-ibg 7,w4,d4 ,ok471 ,,owrb v4 ,united ,states1 et al4 ,,civ #ab-bge 7,w4,d4 ,ok471 or any general stream adjudication1 relating to-- 7i7 claims to the ownership of water in the ,state2 7ii7 claims to water rights and rights to use water diverted or taken from a location within the ,state2 7iii7 claims to authority over the allocation and management of water and administration of water rights1 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 allottee2 7iv7 claims that the ,state lacks authority over the allocation and management of water and administration of water rights1 including authority over the ownership of or rights to use water diverted or taken from a location within the ,state2 7v7 any other claim relating to the ownership of water1 regulation of water1 or authorized diversion1 storage1 or use of water diverted or taken from a location within the ,state1 which claim is based on the status of the ,chickasaw ,nation or the ,choctaw ,nation as a federally recognized ,indian tribe2 and 7vi7 claims or defenses asserted or which could have been asserted in ,chickasaw ,nation1 ,choctaw ,nation v4 ,fallin et al41 ,,civ #aa-ibg 7,w4,d4 ,ok471 ,,owrb v4 ,united ,states1 et al4 ,,civ #ab-bge 7,w4,d4 ,ok471 or any general stream adjudication2 7,b7 all claims for damages1 losses or injuries to water rights or water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from the damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to any action by the ,state1 the ,,owrb1 or any water user authorized pursuant to ,state law to take or use water in the ,state1 including the ,city1 that accrued during the period ending on the enforceability date2 7,c7 all claims and objections relating to the amended permit application1 and the ,city permit1 including-- 7i7 all claims regarding regulatory control over or ,,owrb jurisdiction relating to the permit application and permit2 and 7ii7 all claims for damages1 losses or injuries to water rights or rights to use water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from the damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to the issuance and lawful exercise of the ,city permit2 7,d7 all claims to regulatory control over the ,permit ,numbers ,p#hj-dh and #ed-fac of the ,city for water rights from the ,muddy ,boggy ,river for ,atoka ,reservoir and ,p#gc-bhb;,d for water rights from the ,muddy ,boggy ,river1 including ,mc,gee ,creek1 for the ,mc,gee ,creek ,reservoir2 7,e7 all claims that the ,state lacks regulatory authority over or ,,owrb jurisdiction relating to ,permit ,numbers ,p#hj-dh and #ed-fac for water rights from the ,muddy ,boggy ,river for ,atoka ,reservoir and ,p#gc-bhb;,d for water rights from the ,muddy ,boggy ,river1 including ,mc,gee ,creek1 for the ,mc,gee ,creek ,reservoir2 7,f7 all claims to damages1 losses or injuries to water rights or water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to the lawful exercise of ,permit ,numbers ,p#hj-dh and #ed-fac for water rights from the ,muddy ,boggy ,river for ,atoka ,reservoir and ,p#gc-bhb;,d for water rights from the ,muddy ,boggy ,river1 including ,mc,gee ,creek1 for the ,mc,gee ,creek ,reservoir1 that accrued during the period ending on the enforceability date2 7,g7 all claims and objections relating to the approval by the ,secretary of the assignment of the #aigd storage contract pursuant to the amended storage contract2 and 7,h7 all claims for damages1 losses1 or injuries to water rights or water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from such damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to the lawful exercise of rights pursuant to the amended storage contract4 7#b7 ,waivers and releases of claims by the ,nations against the ,united ,states ,subject to the retention of rights and claims provided in paragraph 7#c7 and except to the extent that rights are recognized in the ,settlement ,agreement or this section1 the ,nations are authorized to execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 relating to-- 7,a7 all of the following claims asserted or which could have been asserted in any proceeding filed or that could have been filed by the ,united ,states as a trustee during the period ending on the enforceability date1 including ,chickasaw ,nation1 ,choctaw ,nation v4 ,fallin et al41 ,,civ #aa-ibgb 7,w4,d4 ,ok47 or ,,owrb v4 ,united ,states1 et al4 ,,civ #ab-bge 7,w4,d4 ,ok471 or any general stream adjudication1 relating to-- 7i7 claims to the ownership of water in the ,state2 7ii7 claims to water rights and rights to use water diverted or taken from a location within the ,state2 7iii7 claims to authority over the allocation and management of water and administration of water rights1 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 allottee2 7iv7 claims that the ,state lacks authority over the allocation and management of water and administration of water rights1 including authority over the ownership of or rights to use water diverted or taken from a location within the ,state2 7v7 any other claim relating to the ownership of water1 regulation of water1 or authorized diversion1 storage1 or use of water diverted or taken from a location within the ,state1 which claim is based on the status of the ,chickasaw ,nation or the ,choctaw ,nation as a federally recognized ,indian tribe2 and 7vi7 claims or defenses asserted or which could have been asserted in ,chickasaw ,nation1 ,choctaw ,nation v4 ,fallin et al41 ,,civ #aa-ibg 7,w4,d4 ,ok471 ,,owrb v4 ,united ,states1 et al4 ,,civ #ab-bge 7,w4,d4 ,ok471 or any general stream adjudication2 7,b7 all claims for damages1 losses or injuries to water rights or water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from the damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to any action by the ,state1 the ,,owrb1 or any water user authorized pursuant to ,state law to take or use water in the ,state1 including the ,city1 that accrued during the period ending on the enforceability date2 7,c7 all claims and objections relating to the amended permit application1 and the ,city permit1 including-- 7i7 all claims regarding regulatory control over or ,,owrb jurisdiction relating to the permit application and permit2 and 7ii7 all claims for damages1 losses or injuries to water rights or rights to use water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from the damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to the issuance and lawful exercise of the ,city permit2 7,d7 all claims to regulatory control over the ,permit ,numbers ,p#hj-dh and #ed-fac for water rights from the ,muddy ,boggy ,river for ,atoka ,reservoir and ,p#gc-bhb;,d for water rights from the ,muddy ,boggy ,river1 including ,mc,gee ,creek1 for the ,mc,gee ,creek ,reservoir2 7,e7 all claims that the ,state lacks regulatory authority over or ,,owrb jurisdiction relating to ,permit ,numbers ,p#hj-dh and #ed-fac for water rights from the ,muddy ,boggy ,river for ,atoka ,reservoir and ,p#gc-bhb;,d for water rights from the ,muddy ,boggy ,river1 including ,mc,gee ,creek1 for the ,mc,gee ,creek ,reservoir2 7,f7 all claims to damages1 losses or injuries to water rights or water1 or claims of interference with1 diversion1 storage1 taking1 or use of water 7including claims for injury to land resulting from the damages1 losses1 injuries1 interference with1 diversion1 storage1 taking1 or use of water7 attributable to the lawful exercise of ,permit ,numbers ,p#hj-dh and #ed-fac for water rights from the ,muddy ,boggy ,river for ,atoka ,reservoir and ,p#gc-bhb;,d for water rights from the ,muddy ,boggy ,river1 including ,mc,gee ,creek1 for the ,mc,gee ,creek ,reservoir1 that accrued during the period ending on the enforceability date2 7,g7 all claims and objections relating to the approval by the ,secretary of the assignment of the #aigd storage contract pursuant to the amended storage contract2 7,h7 all claims relating to litigation brought by the ,united ,states prior to the enforceability date of the water rights of the ,nations in the ,state2 and 7,i7 all claims relating to the negotiation1 execution1 or adoption of the ,settlement ,agreement 7including exhibits7 or this section4 7#c7 ,retention and reservation of claims by nations and the ,united ,states 7,a7 ,in general ,notwithstanding the waiver and releases of claims authorized under paragraphs 7#a7 and 7#b71 the ,nations and the ,united ,states1 acting as trustee1 shall retain-- 7i7 all claims for enforcement of the ,settlement ,agreement and this section2 7ii7 all rights to use and protect any water right of the ,nations recognized by or established pursuant to the ,settlement ,agreement1 including the right to assert claims for injuries relating to the rights and the right to participate in any general stream adjudication1 including any inter se proceeding2 7iii7 all claims relating to activities affecting the quality of water that are not waived under paragraph 7#a77;,a77v7 or paragraph 7#b77;,a77v71 including any claims the ,nations may have under-- 7,i7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including for damages to natural resources2 7,,ii7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,,iii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,,iv7 any regulations implementing the ,acts described in items 7aa7 through 7cc72 7iv7 all claims relating to damage1 loss1 or injury resulting from an unauthorized diversion1 use1 or storage of water1 including damages1 losses1 or injuries to land or nonwater natural resources associated with any hunting1 fishing1 gathering1 or cultural right2 and 7v7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this section or the ,settlement ,agreement4 7,b7 ,agreement 7i7 ,in general ,as provided in the ,settlement ,agreement1 the ,chickasaw ,nation shall convey an easement to the ,city1 which easement shall be as described and depicted in ,exhibit #ae to the ,settlement ,agreement4 7ii7 ,application ,the ,chickasaw ,nation and the ,city shall cooperate and coordinate on the submission of an application for approval by the ,secretary of the ,interior of the conveyance under clause 7i71 in accordance with applicable ,federal law4 7iii7 ,recording ,on approval by the ,secretary of the ,interior of the conveyance of the easement under this clause1 the ,city shall record the easement4 7iv7 ,consideration ,in exchange for conveyance of the easement under clause 7i71 the ,city shall pay to the ,chickasaw ,nation the value of past unauthorized use and consideration for future use of the land burdened by the easement1 based on an appraisal secured by the ,city and ,nations and approved by the ,secretary of the ,interior4 7#d7 ,effective date of waiver and releases ,the waivers and releases under this subsection take effect on the enforceability date4 7#e7 ,tolling of claims ,each applicable period of limitation and time-based equitable defense relating to a claim described in this subsection shall be tolled during the period beginning on the date of enactment of this ,act and ending on the earlier of the enforceability date or the expiration date under subsection 7i77#b74 7i7 ,enforceability date 7#a7 ,in general ,the ,settlement ,agreement shall take effect and be enforceable on the date on which the ,secretary of the ,interior publishes in the ,federal ,register a certification that-- 7,a7 to the extent the ,settlement ,agreement conflicts with this section1 the ,settlement ,agreement has been amended to conform with this section2 7,b7 the ,settlement ,agreement1 as amended1 has been executed by the ,secretary of the ,interior1 the ,nations1 the ,governor of the ,state1 the ,,owrb1 the ,city1 and the ,trust2 7,c7 to the extent the amended storage contract conflicts with this section1 the amended storage contract has been amended to conform with this section2 7,d7 the amended storage contract1 as amended to conform with this section1 has been-- 7i7 executed by the ,state1 the ,city1 and the ,trust2 and 7ii7 approved by the ,secretary2 7,e7 an order has been entered in ,united ,states v4 ,oklahoma ,water ,resources ,board1 ,civ4 #ih-;,c-#eba-;,e with any modifications to the order dated ,september #aa1 #bjji1 as provided in the ,settlement ,agreement2 7,f7 orders of dismissal have been entered in ,chickasaw ,nation1 ,choctaw ,nation v4 ,fallin et al41 ,civ #aa-big 7,w4,d4 ,ok47 and ,,owrb v4 ,united ,states1 et al4 ,civ #ab-bge 7,w4,d4 ,ok47 as provided in the ,settlement ,agreement2 7,g7 the ,,owrb has issued the ,city ,permit2 7,h7 the final documentation of the ,kiamichi ,basin hydrologic model is on file at the ,oklahoma ,city offices of the ,,owrb2 and 7,i7 the ,atoka and ,sardis ,conservation ,projects ,fund has been funded as provided in the ,settlement ,agreement4 7#b7 ,expiration date ,if the ,secretary of the ,interior fails to publish a statement of findings under paragraph 7#a7 by not later than ,september #cj1 #bjbj1 or such alternative later date as is agreed to by the ,secretary of the ,interior1 the ,nations1 the ,state1 the ,city1 and the ,trust under paragraph 7#d71 the following shall apply3 7,a7 ,this section1 except for this subsection and any provisions of this section that are necessary to carry out this subsection 7but only for purposes of carrying out this subsection7 are not effective beginning on ,september #cj1 #bjbj1 or the alternative date4 7,b7 ,the waivers and release of claims1 and the limited waivers of sovereign immunity1 shall not become effective4 7,c7 ,the ,settlement ,agreement shall be null and void1 except for this paragraph and any provisions of the ,settlement ,agreement that are necessary to carry out this paragraph4 7,d7 ,except with respect to this paragraph1 the ,state1 the ,nations1 the ,city1 the ,trust1 and the ,united ,states shall not be bound by any obligations or benefit from any rights recognized under the ,settlement ,agreement4 7,e7 ,if the ,city permit has been issued1 the permit shall be null and void1 except that the ,city may resubmit to the ,,owrb1 and the ,,owrb shall be considered to have accepted1 ,,owrb permit application ,no4 #bjjg-jag without having waived the original application priority date and appropriative quantities4 7,f7 ,if the amended storage contract has been executed or approved1 the contract shall be null and void1 and the #bjaj agreement shall be considered to be in force and effect as between the ,state and the ,trust4 7,g7 ,if the ,atoka and ,sardis ,conservation ,projects ,fund has been established and funded1 the funds shall be returned to the respective funding parties with any accrued interest4 7#c7 ,no prejudice ,the occurrence of the expiration date under paragraph 7#b7 shall not in any way prejudice-- 7,a7 any argument or suit that the ,nations may bring to contest-- 7i7 the pursuit by the ,city of ,,owrb permit application ,no4 #bjjg-jag1 or a modified version2 or 7ii7 the #bjaj agreement2 7,b7 any argument1 defense1 or suit the ,state may bring or assert with regard to the claims of the ,nations to water or over water in the settlement area2 or 7,c7 any argument1 defense or suit the ,city may bring or assert-- 7i7 with regard to the claims of the ,nations to water or over water in the settlement area relating to ,,owrb permit application ,no4 #bjjg-jag1 or a modified version2 or 7ii7 to contest the #bjaj agreement4 7#d7 ,extension ,the expiration date under paragraph 7#b7 may be extended in writing if the ,nations1 the ,state1 the ,,owrb1 the ,united ,states1 and the ,city agree that an extension is warranted4 7j7 ,jurisdiction1 waivers of immunity for interpretation and enforcement 7#a7 ,jurisdiction 7,a7 ,in general 7i7 ,exclusive jurisdiction ,the ,united ,states ,district ,court for the ,western ,district of ,oklahoma shall have exclusive jurisdiction for all purposes and for all causes of action relating to the interpretation and enforcement of the ,settlement ,agreement1 the amended storage contract1 or interpretation or enforcement of this section1 including all actions filed by an allottee pursuant to subsection 7e77#d77;,b74 7ii7 ,right to bring action ,the ,choctaw ,nation1 the ,chickasaw ,nation1 the ,state1 the ,city1 the ,trust1 and the ,united ,states shall each have the right to bring an action pursuant to this section4 7iii7 ,no action in other courts ,no action may be brought in any other ,federal1 ,tribal1 or ,state court or administrative forum for any purpose relating to the ,settlement ,agreement1 amended storage contract1 or this section4 7iv7 ,no monetary judgment ,nothing in this section authorizes any money judgment or otherwise allows the payment of funds by the ,united ,states1 the ,nations1 the ,state 7including the ,,owrb71 the ,city1 or the ,trust4 7,b7 ,notice and conference ,an entity seeking to interpret or enforce the ,settlement ,agreement shall comply with the following3 7i7 ,any party asserting noncompliance or seeking interpretation of the ,settlement ,agreement or this section shall first serve written notice on the party alleged to be in breach of the ,settlement ,agreement or violation of this section4 7ii7 ,the notice under clause 7i7 shall identify the specific provision of the ,settlement ,agreement or this section alleged to have been violated or in dispute and shall specify in detail the contention of the party asserting the claim and any factual basis for the claim4 7iii7 ,representatives of the party alleging a breach or violation and the party alleged to be in breach or violation shall meet not later than #cj days after receipt of notice under clause 7i7 in an effort to resolve the dispute4 7iv7 ,if the matter is not resolved to the satisfaction of the party alleging breach not later than #ij days after the original notice under clause 7i71 the party may take any appropriate enforcement action consistent with the ,settlement ,agreement and this subsection4 7#b7 ,limited waivers of sovereign immunity 7,a7 ,in general ,the ,united ,states and the ,nations may be joined in an action filed in the ,united ,states ,district ,court for the ,western ,district of ,oklahoma4 7,b7 ,united ,states immunity ,any claim by the ,united ,states to sovereign immunity from suit is irrevocably waived for any action brought by the ,state1 the ,chickasaw ,nation1 the ,choctaw ,nation1 the ,city1 the ,trust1 or 7solely for purposes of actions brought pursuant to subsection 7e77 an allottee in the ,western ,district of ,oklahoma relating to interpretation or enforcement of the ,settlement ,agreement or this section1 including of the appellate jurisdiction of the ,united ,states ,court of ,appeals for the ,tenth ,circuit and the ,supreme ,court of the ,united ,states4 7,c7 ,chickasaw nation immunity ,for the exclusive benefit of the ,state 7including the ,,owrb71 the ,city1 the ,trust1 the ,choctaw ,nation1 and the ,united ,states1 the sovereign immunity of the ,chickasaw ,nation from suit is waived solely for any action brought in the ,western ,district of ,oklahoma relating to interpretation or enforcement of the ,settlement ,agreement or this section1 if the action is brought by the ,state or the ,,owrb1 the ,city1 the ,trust1 the ,choctaw ,nation1 or the ,united ,states1 including the appellate jurisdiction of the ,united ,states ,court of ,appeals for the ,tenth ,circuit and the ,supreme ,court of the ,united ,states4 7,d7 ,choctaw nation immunity ,for the exclusive benefit of the ,state 7including of the ,,owrb71 the ,city1 the ,trust1 the ,chickasaw ,nation1 and the ,united ,states1 the ,choctaw ,nation shall expressly and irrevocably consent to a suit and waive sovereign immunity from a suit solely for any action brought in the ,western ,district of ,oklahoma relating to interpretation or enforcement of the ,settlement ,agreement or this section1 if the action is brought by the ,state1 the ,,owrb1 the ,city1 the ,trust1 the ,chickasaw ,nation1 or the ,united ,states1 including the appellate jurisdiction of the ,united ,states ,court of ,appeals for the ,tenth ,circuit and the ,supreme ,court of the ,united ,states4 7k7 ,disclaimer 7#a7 ,in general ,the ,settlement ,agreement applies only to the claims and rights of the ,nations4 7#b7 ,no precedent ,nothing in this section or the ,settlement ,agreement shall be construed in any way to quantify1 establish1 or serve as precedent regarding the land and water rights1 claims1 or entitlements to water of any ,american ,indian ,tribe other than the ,nations1 including any other ,american ,indian ,tribe in the ,state4 #hjjc4 ,land transfer and trust land for the ,muscogee 7,creek7 ,nation 7a7 ,transfer 7#a7 ,in general ,subject to paragraph 7#b7 and for the consideration described in subsection 7c71 the ,secretary shall transfer to the ,secretary of the ,interior the land described in subsection 7b7 to be held in trust for the benefit of the ,muscogee 7,creek7 ,nation4 7#b7 ,conditions ,the land transfer under this subsection shall be subject to the following conditions3 7,a7 ,the transfer-- 7i7 shall not interfere with the ,corps of ,engineers operation of the ,eufaula ,lake ,project or any other authorized civil works projects2 and 7ii7 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 project4 7,b7 ,the ,secretary shall retain the right to inundate with water the land transferred to the ,secretary of the ,interior under this subsection1 as necessary to carry out an authorized purpose of the ,eufaula ,lake ,project or any other civil works project4 7,c7 ,no gaming activities may be conducted on the land transferred under this subsection4 7b7 ,land description 7#a7 ,in general ,the land to be transferred pursuant to subsection 7a7 is the approximately #ah4ch acres of land located in the ,northwest ,quarter 7,,nw #a_/d7 of sec4 #c1 ,t4 #aj ,n41 ,r4 #af ,e41 ,mc,intosh ,county1 ,oklahoma1 generally depicted as ,,usace on the map entitled ,muscogee 7,creek7 ,nation ,proposed ,land ,acquisition and dated ,october #af1 #bjad4 7#b7 ,survey ,the exact acreage and legal description of the land to be transferred under subsection 7a7 shall be determined by a survey satisfactory to the ,secretary and the ,secretary of the ,interior4 7c7 ,consideration ,the ,muscogee 7,creek7 ,nation shall pay-- 7#a7 to the ,secretary an amount that is equal to the fair market value of the land transferred under subsection 7a71 as determined by the ,secretary1 which funds may be accepted and expended by the ,secretary2 and 7#b7 all costs and administrative expenses associated with the transfer of land under subsection 7a71 including the costs of-- 7,a7 the survey under subsection 7b77#b72 7,b7 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 any coordination necessary with respect to requirements related to endangered species1 cultural resources1 clean water1 and clean air4 #hjjd4 ,reauthorization of ,denali ,commission 7a7 ,administration ,section #cjc of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the first sentence1 by striking ,the ,federal ,cochairperson and inserting the following3 7#a7 ,term of ,federal ,cochairperson ,the ,federal ,cochairperson 2 7,b7 in the second sentence1 by striking ,all other members and inserting the following3 7#c7 ,term of all other members ,all other members 2 7,c7 in the third sentence1 by striking ,any vacancy and inserting the following3 7#d7 ,vacancies ,except as provided in paragraph 7#b71 any vacancy 2 and 7,d7 by inserting before paragraph 7#c7 7as designated by subparagraph 7,b77 the following3 7#b7 ,interim ,federal ,cochairperson ,in the event of a vacancy for any reason in the position of ,federal ,cochairperson1 the ,secretary may appoint an ,interim ,federal ,cochairperson1 who shall have all the authority of the ,federal ,cochairperson1 to serve until such time as the vacancy in the position of ,federal ,cochairperson is filled in accordance with subsection 7b77#b774 2 and 7#b7 by adding at the end the following3 7f7 ,no ,federal employee status ,no member of the ,commission1 other than the ,federal ,cochairperson1 shall be considered to be a ,federal employee for any purpose4 7g7 ,conflicts of interest 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 no member of the ,commission 7referred to in this subsection as a member7 shall participate personally or substantially1 through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 in any proceeding1 application1 request for a ruling or other determination1 contract claim1 controversy1 or other matter in which1 to the knowledge of the member1 #a or more of the following has a direct financial interest3 7,a7 ,the member4 7,b7 ,the spouse1 minor child1 or partner of the member4 7,c7 ,an organization described in subparagraph 7,b71 7,c71 7,d71 7,e71 or 7,f7 of subsection 7b77#a7 for which the member is serving as officer1 director1 trustee1 partner1 or employee4 7,d7 ,any individual1 person1 or organization with which the member is negotiating or has any arrangement concerning prospective employment4 7#b7 ,disclosure ,paragraph 7#a7 shall not apply if the member-- 7,a7 immediately advises the designated agency ethics official for the ,commission of the nature and circumstances of the matter presenting a potential conflict of interest2 7,b7 makes full disclosure of the financial interest2 and 7,c7 before the proceeding concerning the matter presenting the conflict of interest1 receives a written determination by the designated agency ethics official for the ,commission that the interest is not so substantial as to be likely to affect the integrity of the services that the ,commission may expect from the member4 7#c7 ,annual ,disclosures ,once per calendar year1 each member shall make full disclosure of financial interests1 in a manner to be determined by the designated agency ethics official for the ,commission4 7#d7 ,training ,once per calendar year1 each member shall undergo disclosure of financial interests training1 as prescribed by the designated agency ethics official for the ,commission4 7#e7 ,violation ,any person that violates this subsection shall be fined not more than #aj1jjj1 imprisoned for not more than #b years1 or both4 4 7b7 ,authorization of appropriations 7#a7 ,in general ,section #caj of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg7 7as redesignated by section #aifj7a7 of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #aeaf77 is amended1 in subsection 7a71 by striking under section #d under this ,act and all that follows through #bjjh and inserting under section #cjd1 #bj1jjj1jjj for fiscal year #bjag1 and such sums as are necessary for each of fiscal years #bjah through #bjba44 7#b7 ,clerical amendment ,section #caj of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg7 7as redesignated by section #aifj7a7 of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #aeaf77 is redesignated as section #cab4 #hjje4 ,recreational access of floating cabins ,the ,tennessee ,valley ,authority ,act of #aicc is amended by inserting after section #i;a 7#af ,u4,s4,c4 #hca;h-#a7 the following3 #i;b4 ,recreational access 7a7 ,definition of floating cabin ,in this section1 the term floating cabin means a watercraft or other floating structure-- 7#a7 primarily designed and used for human habitation or occupation2 and 7#b7 not primarily designed or used for navigation or transportation on water4 7b7 ,recreational access ,the ,board may allow the use of a floating cabin if-- 7#a7 the floating cabin is maintained by the owner to reasonable health1 safety1 and environmental standards1 as required by the ,board2 7#b7 the ,corporation has authorized the use of recreational vessels on the waters2 and 7#c7 the floating cabin was located on waters under the jurisdiction of the ,corporation as of the date of enactment of this section4 7c7 ,fees ,the ,board may assess fees on the owner of a floating cabin on waters under the jurisdiction of the ,corporation for the purpose of ensuring compliance with subsection 7b7 if the fees are necessary and reasonable for those purposes4 7d7 ,continued recreational use 7#a7 ,in general ,with respect to a floating cabin located on waters under the jurisdiction of the ,corporation on the date of enactment of this section1 the ,board-- 7,a7 may not require the removal of the floating cabin-- 7i7 in the case of a floating cabin that was granted a permit by the ,corporation before the date of enactment of this section1 for a period of #ae years beginning on that date of enactment2 and 7ii7 in the case of a floating cabin not granted a permit by the ,corporation before the date of enactment of this section1 for a period of #e years beginning on that date of enactment2 and 7,b7 shall approve and allow the use of the floating cabin on waters under the jurisdiction of the ,corporation at such time and for such duration as-- 7i7 the floating cabin meets the requirements of subsection 7b72 and 7ii7 the owner of the floating cabin has paid any fee assessed pursuant to subsection 7c74 7#b7 ,savings provisions 7,a7 ,nothing in this subsection restricts the ability of the ,corporation to enforce health1 safety1 or environmental standards4 7,b7 ,this section applies only to floating cabins located on waters under the jurisdiction of the ,corporation4 7e7 ,new construction ,the ,corporation may establish regulations to prevent the construction of new floating cabins4 4 #hjjf4 ,regulation of aboveground storage at farms ,section #ajdi7;c7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #acfa note2 ,public ,law #aac-aba7 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#b7 by striking the subsection designation and heading and all that follows through subsection 7b71 and inserting the following3 7c7 ,regulation of aboveground storage at farms 7#a7 ,calculation of aggregate aboveground storage capacity ,for purposes of subsection 7b71 2 and 7#c7 by adding at the end the following3 7#b7 ,certain farm containers ,part #aab of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 shall not apply to the following containers located at a farm3 7,a7 ,containers on a separate parcel that have-- 7i7 an individual capacity of not greater than #a1jjj gallons2 and 7ii7 an aggregate capacity of not greater than #b1jjj gallons4 7,b7 ,a container holding animal feed ingredients approved for use in livestock feed by the ,commissioner of ,food and ,drugs4 4 #hjjg4 ,salt cedar removal permit reviews 7a7 ,in general ,in the case of an application for a permit for the mechanized removal of salt cedar from an area that consists of not more than #ejj acres-- 7#a7 any review by the ,secretary under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 or section #aj of the ,act of ,march #c1 #ahii 7commonly known as the ,rivers and ,harbors ,appropriation ,act of #ahii7 7#cc ,u4,s4,c4 #djc71 and any review by the ,director of the ,united ,states ,fish and ,wildlife ,service 7referred to in this section as the ,director7 under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf71 shall1 to the maximum extent practicable1 occur concurrently2 7#b7 all participating and cooperating agencies shall1 to the maximum extent practicable1 adopt and use any environmental document prepared by the lead agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to the same extent that a ,federal agency could adopt or use a document prepared by another ,federal agency under-- 7,a7 that ,act2 and 7,b7 parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 and 7#c7 the review of the application shall1 to the maximum extent practicable1 be completed not later than the date on which the ,secretary1 in consultation with1 and with the concurrence of1 the ,director1 establishes4 7b7 ,contributed funds ,the ,secretary may accept and expend funds received from non-,federal public or private entities to conduct a review referred to in subsection 7a74 7c7 ,limitations ,nothing in this section preempts or interferes with-- 7#a7 any obligation to comply with the provisions of any ,federal law1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 any other ,federal environmental law2 7#b7 the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state2 7#c7 any requirement for seeking1 considering1 or responding to public comment2 or 7#d7 any power1 jurisdiction1 responsibility1 duty1 or authority that a ,federal1 ,state1 or local governmental agency1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects4 #hjjh4 ,international outfall interceptor repair1 operations1 and maintenance 7a7 ,sense of congress ,it is the sense of ,congress that1 pursuant to the ,act of ,july #bg1 #aiec 7#bb ,u4,s4,c4 #bgg;d-#aj et seq471 and notwithstanding the memorandum of agreement between the ,united ,states ,section of the ,international ,boundary and ,water ,commission and the ,city of ,nogales1 ,arizona1 dated ,january #bj1 #bjjf 7referred to in this section as the ,agreement71 an equitable proportion of the costs of operation and maintenance of the ,nogales sanitation project to be contributed by the ,city of ,nogales1 ,arizona 7referred to in this section as the ,city71 should be based on the average daily volume of wastewater originating from the ,city4 7b7 ,capital costs excluded ,pursuant to the ,agreement and the ,act of ,july #bg1 #aiec 7#bb ,u4,s4,c4 #bgg;d-#aj et seq471 the ,city shall have no obligation to contribute to any capital costs of repairing or upgrading the ,nogales sanitation project4 7c7 ,overcharges ,notwithstanding the ,agreement and subject to subsection 7d71 the ,united ,states ,section of the ,international ,boundary and ,water ,commission shall reimburse the ,city for1 and shall not charge the ,city after the date of enactment of this ,act for1 operations and maintenance costs in excess of an equitable proportion of the costs1 as described in subsection 7a74 7d7 ,limitation ,costs reimbursed or a reduction in costs charged under subsection 7c7 shall not exceed #d1jjj1jjj4 #hjji4 ,pechanga ,band of ,luiseo ,mission ,indians water rights settlement 7a7 ,purposes ,the purposes of this section are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights and certain claims for injuries to water rights in the ,santa ,margarita ,river ,watershed for-- 7,a7 the ,band2 and 7,b7 the ,united ,states1 acting in its capacity as trustee for the ,band and ,allottees2 7#b7 to achieve a fair1 equitable1 and final settlement of certain claims by the ,band and ,allottees against the ,united ,states2 7#c7 to authorize1 ratify1 and confirm the ,pechanga ,settlement ,agreement to be entered into by the ,band1 ,,rcwd1 and the ,united ,states2 7#d7 to authorize and direct the ,secretary-- 7,a7 to execute the ,pechanga ,settlement ,agreement2 and 7,b7 to take any other action necessary to carry out the ,pechanga ,settlement ,agreement in accordance with this section2 and 7#e7 to authorize the appropriation of amounts necessary for the implementation of the ,pechanga ,settlement ,agreement and this section4 7b7 ,definitions ,in this section3 7#a7 ,adjudication court ,the term ,adjudication ,court means the ,united ,states ,district ,court for the ,southern ,district of ,california1 which exercises continuing jurisdiction over the ,adjudication ,proceeding4 7#b7 ,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 v4 ,fallbrook ,public ,utility ,district et al41 ,civ4 ,no4 #c3ea-;cv-#jabdg 7,s4,d4,c4,a471 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 ,decree4 7#c7 ,allottee ,the term ,allottee means an individual who holds a beneficial real property interest in an ,indian allotment that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#d7 ,band ,the term ,band means ,pechanga ,band of ,luiseo ,mission ,indians1 a federally recognized sovereign ,indian tribe that functions as a custom and tradition ,indian tribe1 acting on behalf of itself and its members1 but not acting on behalf of members in their capacities as ,allottees4 7#e7 ,claims ,the term claims means rights1 claims1 demands1 actions1 compensation1 or causes of action1 whether known or unknown4 7#f7 ,,emwd ,the term ,,emwd means ,eastern ,municipal ,water ,district1 a municipal water district organized and existing in accordance with the ,municipal ,water ,district ,law of #aiaa1 ,division #bj of the ,water ,code of the ,state of ,california1 as amended4 7#g7 ,,emwd connection fee ,the term ,,emwd ,connection ,fee has the meaning set forth in the ,extension of ,service ,area ,agreement4 7#h7 ,enforceability date ,the term enforceability date means the date on which the ,secretary publishes in the ,federal ,register the statement of findings described in subsection 7f77#e74 7#i7 ,,esaa capacity agreement ,the term ,,esaa ,capacity ,agreement means the ,agreement to ,provide ,capacity for ,delivery of ,,esaa ,water1 among the ,band1 ,,rcwd and the ,united ,states4 7#aj7 ,,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 ,agreement4 7#aa7 ,,esaa water delivery agreement ,the term ,,esaa ,water ,delivery ,agreement means the agreement among ,,emwd1 ,,rcwd1 and the ,band1 establishing the terms and conditions of water service to the ,band4 7#ab7 ,extension of ,service ,area ,agreement ,the term ,extension of ,service ,area ,agreement means the ,agreement for ,extension of ,existing ,service ,area1 among the ,band1 ,,emwd1 and ,,mwd1 for the provision of water service by ,,emwd to a designated portion of the ,reservation using water supplied by ,,mwd4 7#ac7 ,fallbrook decree 7,a7 ,in general ,the term ,fallbrook ,decree means the ,modified ,final ,judgment ,and ,decree1 entered in the ,adjudication ,proceeding on ,april #f1 #aiff4 7,b7 ,inclusions ,the term ,fallbrook ,decree includes all court orders1 interlocutory judgments1 and decisions supplemental to the ,modified ,final ,judgment ,and ,decree1 including ,interlocutory ,judgment ,no4 #cj1 ,interlocutory ,judgment ,no4 #ce1 and ,interlocutory ,judgment ,no4 #da4 7#ad7 ,fund ,the term ,fund means the ,pechanga ,settlement ,fund established by subsection 7h74 7#ae7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#af7 ,injury to water rights ,the term injury to water rights means an interference with1 diminution of1 or deprivation of water rights under ,federal or ,state law4 7#ag7 ,interim capacity ,the term ,interim ,capacity has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#ah7 ,interim capacity notice ,the term ,interim ,capacity ,notice has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#ai7 ,interlocutory judgment ,no4 #da ,the term ,interlocutory ,judgment ,no4 #da means ,interlocutory ,judgment ,no4 #da issued in the ,adjudication ,proceeding on ,november #h1 #aifb1 including all court orders1 judgments and decisions supplemental to that interlocutory judgment4 7#bj7 ,,mwd ,the term ,,mwd means the ,metropolitan ,water ,district of ,southern ,california1 a metropolitan water district organized and incorporated under the ,metropolitan ,water ,district ,act of the ,state of ,california 7,stats4 #aifi1 ,chapter #bji1 as amended74 7#ba7 ,,mwd connection fee ,the term ,,mwd ,connection ,fee has the meaning set forth in the ,extension of ,service ,area ,agreement4 7#bb7 ,pechanga ,,esaa delivery capacity account ,the term ,pechanga ,,esaa ,delivery ,capacity account means the account established by subsection 7h77#c77;,b74 7#bc7 ,pechanga recycled water infrastructure account ,the term ,pechanga ,recycled ,water ,infrastructure account means the account established by subsection 7h77#c77;,a74 7#bd7 ,pechanga settlement agreement ,the term ,pechanga ,settlement ,agreement means the ,pechanga ,settlement ,agreement1 dated ,june #ag1 #bjad1 together with the exhibits to that agreement1 entered into by the ,band1 the ,united ,states on behalf of the ,band1 its members and ,allottees1 ,,mwd1 ,,emwd1 and ,,rcwd1 including-- 7,a7 the ,extension of ,service ,area ,agreement2 7,b7 the ,,esaa ,capacity ,agreement2 and 7,c7 the ,,esaa ,water ,delivery ,agreement4 7#be7 ,pechanga water code ,the term ,pechanga ,water ,code means a water code to be adopted by the ,band in accordance with subsection 7d77#f74 7#bf7 ,pechanga water fund account ,the term ,pechanga ,water ,fund account means the account established by subsection 7h77#c77;,c74 7#bg7 ,pechanga water quality account ,the term ,pechanga ,water ,quality account means the account established by subsection 7h77#c77;,d74 7#bh7 ,permanent capacity ,the term ,permanent ,capacity has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#bi7 ,permanent capacity notice ,the term ,permanent ,capacity ,notice has the meaning set forth in the ,,esaa ,capacity ,agreement4 7#cj7 ,,rcwd 7,a7 ,in general ,the term ,,rcwd means the ,rancho ,california ,water ,district organized pursuant to section #cdjjj et seq4 of the ,california ,water ,code4 7,b7 ,inclusions ,the term ,,rcwd includes all real property owners for whom ,,rcwd acts as an agent pursuant to an agency agreement4 7#ca7 ,recycled water infrastructure agreement ,the term ,recycled ,water ,infrastructure ,agreement means the ,agreement for ,recycled ,water ,infrastructure among the ,band1 ,,rcwd1 and the ,united ,states4 7#cb7 ,recycled water transfer agreement ,the term ,recycled ,water ,transfer ,agreement means the ,recycled ,water ,transfer ,agreement between the ,band and ,,rcwd4 7#cc7 ,reservation 7,a7 ,in general ,the term ,reservation means the land depicted on the map attached to the ,pechanga ,settlement ,agreement as ,exhibit ,i4 7,b7 ,applicability of term ,the term ,reservation shall be used solely for the purposes of the ,pechanga ,settlement ,agreement1 this section1 and any judgment or decree issued by the ,adjudication ,court approving the ,pechanga ,settlement ,agreement4 7#cd7 ,santa ,margarita ,river ,watershed ,the term ,santa ,margarita ,river ,watershed means the watershed that is the subject of the ,adjudication ,proceeding and the ,fallbrook ,decree4 7#ce7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#cf7 ,state ,the term ,state means the ,state of ,california4 7#cg7 ,storage ,pond ,the term ,storage ,pond has the meaning set forth in the ,recycled ,water ,infrastructure ,agreement4 7#ch7 ,tribal ,water ,right ,the term ,tribal ,water ,right means the water rights ratified1 confirmed1 and declared to be valid for the benefit of the ,band and ,allottees1 as set forth and described in subsection 7d74 7c7 ,approval of the ,pechanga settlement agreement 7#a7 ,ratification of ,pechanga settlement agreement 7,a7 ,in general ,except as modified by this section1 and to the extent that the ,pechanga ,settlement ,agreement does not conflict with this section1 the ,pechanga ,settlement ,agreement is authorized1 ratified1 and confirmed4 7,b7 ,amendments ,any amendment to the ,pechanga ,settlement ,agreement is authorized1 ratified1 and confirmed1 to the extent that the amendment is executed to make the ,pechanga ,settlement ,agreement consistent with this section4 7#b7 ,execution of ,pechanga settlement agreement 7,a7 ,in general ,to the extent that the ,pechanga ,settlement ,agreement does not conflict with this section1 the ,secretary is directed to and promptly shall execute-- 7i7 the ,pechanga ,settlement ,agreement 7including any exhibit to the ,pechanga ,settlement ,agreement requiring the signature of the ,secretary72 and 7ii7 any amendment to the ,pechanga ,settlement ,agreement necessary to make the ,pechanga ,settlement ,agreement consistent with this section4 7,b7 ,modifications ,nothing in this section precludes the ,secretary from approving modifications to exhibits to the ,pechanga ,settlement ,agreement not inconsistent with this section1 to the extent those modifications do not otherwise require congressional approval pursuant to section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or other applicable ,federal law4 7#c7 ,environmental compliance 7,a7 ,in general ,in implementing the ,pechanga ,settlement ,agreement1 the ,secretary shall promptly comply with all applicable requirements of-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7iii7 all other applicable ,federal environmental laws2 and 7iv7 all regulations promulgated under the laws described in clauses 7i7 through 7iii74 7,b7 ,execution of the ,pechanga ,settlement ,agreement 7i7 ,in general ,execution of the ,pechanga ,settlement ,agreement by the ,secretary under this subsection shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,compliance ,the ,secretary is directed to carry out all ,federal compliance necessary to implement the ,pechanga ,settlement ,agreement4 7,c7 ,lead agency ,the ,bureau of ,reclamation shall be designated as the lead agency with respect to environmental compliance4 7d7 ,tribal ,water ,right 7#a7 ,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 section1 taking into consideration-- 7,a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,pechanga ,settlement ,agreement and this section2 7,b7 the availability of funding under this section2 7,c7 the availability of water from the ,tribal ,water ,right and other water sources as set forth in the ,pechanga ,settlement ,agreement2 and 7,d7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 and this section to protect the interests of ,allottees4 7#b7 ,confirmation of tribal water right 7,a7 ,in general ,a ,tribal ,water ,right of up to #d1iid acre-feet of water per year that1 under natural conditions1 is physically available on the ,reservation is confirmed in accordance with the ,findings of ,fact and ,conclusions of ,law set forth in ,interlocutory ,judgment ,no4 #da1 as affirmed by the ,fallbrook ,decree4 7,b7 ,use ,subject to the terms of the ,pechanga ,settlement ,agreement1 this section1 the ,fallbrook ,decree and applicable ,federal law1 the ,band may use the ,tribal ,water ,right for any purpose on the ,reservation4 7#c7 ,holding in trust ,the ,tribal ,water ,right1 as set forth in paragraph 7#b71 shall-- 7,a7 be held in trust by the ,united ,states on behalf of the ,band and the ,allottees in accordance with this subsection2 7,b7 include the priority dates described in ,interlocutory ,judgment ,no4 #da1 as affirmed by the ,fallbrook ,decree2 and 7,c7 not be subject to forfeiture or abandonment4 7#d7 ,allottees 7,a7 ,applicability of ,act of ,february #h1 #ahhg ,the provisions of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 relating to the use of water for irrigation purposes shall apply to the ,tribal ,water ,right4 7,b7 ,entitlement to water ,any entitlement to water of allotted land located within the exterior boundaries of the ,reservation under ,federal law shall be satisfied from the ,tribal ,water ,right4 7,c7 ,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 ,right4 7,d7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law1 an ,allottee shall exhaust remedies available under the ,pechanga ,water ,code or other applicable tribal law4 7,e7 ,claims ,following exhaustion of remedies available under the ,pechanga ,water ,code or other applicable tribal law1 an ,allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law4 7,f7 ,authority ,the ,secretary shall have the authority to protect the rights of ,allottees as specified in this subsection4 7#e7 ,authority of band 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,band shall have authority to use1 allocate1 distribute1 and lease the ,tribal ,water ,right on the ,reservation in accordance with-- 7i7 the ,pechanga ,settlement ,agreement2 and 7ii7 applicable ,federal law4 7,b7 ,leases by allottees 7i7 ,in general ,an ,allottee may lease any interest in land held by the ,allottee1 together with any water right determined to be appurtenant to that interest in land4 7ii7 ,water right appurtenant ,any water right determined to be appurtenant to an interest in land leased by an ,allottee shall be used on the ,reservation4 7#f7 ,pechanga water code 7,a7 ,in general ,not later than #ah months after the enforceability date1 the ,band shall enact a ,pechanga ,water ,code1 that provides for-- 7i7 the management1 regulation1 and governance of all uses of the ,tribal ,water ,right in accordance with the ,pechanga ,settlement ,agreement2 and 7ii7 establishment by the ,band of conditions1 permit requirements1 and other limitations relating to the storage1 recovery1 and use of the ,tribal ,water ,right in accordance with the ,pechanga ,settlement ,agreement4 7,b7 ,inclusions ,the ,pechanga ,water ,code shall provide-- 7i7 that allocations of water to ,allottees shall be satisfied with water from the ,tribal ,water ,right2 7ii7 that charges for delivery of water for irrigation purposes for ,allottees shall be assessed in accordance with section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha72 7iii7 a process by which an ,allottee 7or any successor in interest to an ,allottee7 may request that the ,band provide water for irrigation or domestic purposes in accordance with this section2 7iv7 a due process system for the consideration and determination by the ,band of any request by an ,allottee 7or any successor in interest to an ,allottee7 for an allocation of such water for irrigation or domestic purposes on allotted land1 including a process for-- 7,i7 appeal and adjudication of any denied or disputed distribution of water2 and 7,,ii7 resolution of any contested administrative decision2 and 7v7 a requirement that any ,allottee 7or any successor in interest to an ,allottee7 with a claim relating to the enforcement of rights of the ,allottee 7or any successor in interest to an ,allottee7 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 paragraph 7#d77;,d74 7,c7 ,action by secretary 7i7 ,in general ,the ,secretary shall administer the ,tribal ,water ,right until the ,pechanga ,water ,code is enacted and approved under this subsection4 7ii7 ,approval ,any provision of the ,pechanga ,water ,code and any amendment to the ,pechanga ,water ,code that affects the rights of ,allottees-- 7,i7 shall be subject to the approval of the ,secretary2 and 7,,ii7 shall not be valid until approved by the ,secretary4 7iii7 ,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 approval4 7#g7 ,effect ,except as otherwise specifically provided in this section1 nothing in this section-- 7,a7 authorizes any action by an ,allottee 7or any successor in interest to an ,allottee7 against any individual or entity1 or against the ,band1 under ,federal1 ,state1 tribal1 or local law2 or 7,b7 alters or affects the status of any action pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 7e7 ,satisfaction of claims 7#a7 ,in general ,the benefits provided to the ,band under the ,pechanga ,settlement ,agreement and this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of all claims of the ,band against the ,united ,states that are waived and released pursuant to subsection 7f74 7#b7 ,allottee claims ,the benefits realized by the ,allottees under this section shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7,a7 all claims that are waived and released pursuant to subsection 7f72 and 7,b7 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 subsection 7f74 7#c7 ,no recognition of water rights ,except as provided in subsection 7d77#d71 nothing in this section recognizes or establishes any right of a member of the ,band or an ,allottee to water within the ,reservation4 7#d7 ,claims relating to development of water for reservation 7,a7 ,in general ,the amounts authorized to be appropriated pursuant to subsection 7j7 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 ,reservation4 7,b7 ,satisfaction of claims ,upon the complete appropriation of amounts authorized pursuant to subsection 7j71 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 satisfied4 7f7 ,waiver of claims 7#a7 ,in general 7,a7 ,waiver of claims by the band and the ,united ,states acting in its capacity as trustee for the band 7i7 ,in general ,subject to the retention of rights set forth in paragraph 7#c71 in return for recognition of the ,tribal ,water ,right and other benefits as set forth in the ,pechanga ,settlement ,agreement and this section1 the ,band1 on behalf of itself and the members of the ,band 7but not on behalf of a tribal member in the capacity of ,allottee71 and the ,united ,states1 acting as trustee for the ,band1 are authorized and directed to execute a waiver and release of all claims for water rights within the ,santa ,margarita ,river ,watershed that the ,band1 or the ,united ,states acting as trustee for the ,band1 asserted or could have asserted in any proceeding1 including the ,adjudication ,proceeding1 except to the extent that such rights are recognized in the ,pechanga ,settlement ,agreement and this section4 7ii7 ,claims against ,,rcwd ,subject to the retention of rights set forth in paragraph 7#c7 and notwithstanding any provisions to the contrary in the ,pechanga ,settlement ,agreement1 the ,band and the ,united ,states1 on behalf of the ,band and ,allottees1 fully release1 acquit1 and discharge ,,rcwd from-- 7,i7 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 #cj1 #bjji2 7,,ii7 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 #cj1 #bjji1 resulting from the diversion or use of water in a manner not in violation of the ,pechanga ,settlement ,agreement or this section2 7,,iii7 claims for subsidence damage to land located within the ,reservation arising or occurring at any time up to and including ,june #cj1 #bjji2 7,,iv7 claims for subsidence damage arising or occurring after ,june #cj1 #bjji1 to land located within the ,reservation resulting from the diversion of underground water in a manner consistent with the ,pechanga ,settlement ,agreement or this section2 and 7,v7 claims arising out of1 or relating in any manner to1 the negotiation or execution of the ,pechanga ,settlement ,agreement or the negotiation or execution of this section4 7,b7 ,claims by the ,united ,states acting in its capacity as trustee for ,allottees ,subject to the retention of claims set forth in paragraph 7#c71 in return for recognition of the water rights of the ,band and other benefits as set forth in the ,pechanga ,settlement ,agreement and this section1 the ,united ,states1 acting as trustee for ,allottees1 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 ,states1 acting as trustee for the ,allottees1 asserted or could have asserted in any proceeding1 including the ,adjudication ,proceeding4 7,c7 ,claims by the band against the ,united ,states ,subject to the retention of rights set forth in paragraph 7#c71 the ,band1 on behalf of itself and the members of the ,band 7but not on behalf of a tribal member in the capacity of ,allottee71 is authorized to execute a waiver and release of-- 7i7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to claims for water rights in1 or water of1 the ,santa ,margarita ,river ,watershed that the ,united ,states1 acting in its capacity as trustee for the ,band1 asserted1 or could have asserted1 in any proceeding1 including the ,adjudication ,proceeding1 except to the extent that those rights are recognized in the ,pechanga ,settlement ,agreement and this section2 7ii7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to damages1 losses1 or injuries to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion1 or taking of water or water rights1 or claims relating to failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 in the ,santa ,margarita ,river ,watershed that first accrued at any time up to and including the enforceability date2 7iii7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to the pending litigation of claims relating to the water rights of the ,band in the ,adjudication ,proceeding2 and 7iv7 all claims against the ,united ,states 7including the agencies and employees of the ,united ,states7 relating to the negotiation or execution of the ,pechanga ,settlement ,agreement or the negotiation or execution of this section4 7#b7 ,effectiveness of waivers and releases ,the waivers under paragraph 7#a7 shall take effect on the enforceability date4 7#c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases authorized in this section1 the ,band1 on behalf of itself and the members of the ,band1 and the ,united ,states1 acting in its capacity as trustee for the ,band and ,allottees1 retain-- 7,a7 all claims for enforcement of the ,pechanga ,settlement ,agreement and this section2 7,b7 all claims against any person or entity other than the ,united ,states and ,,rcwd1 including claims for monetary damages2 7,c7 all claims for water rights that are outside the jurisdiction of the ,adjudication ,court2 7,d7 all rights to use and protect water rights acquired on or after the enforceability date2 and 7,e7 all remedies1 privileges1 immunities1 powers1 and claims1 including claims for water rights1 not specifically waived and released pursuant to this section and the ,pechanga ,settlement ,agreement4 7#d7 ,effect of ,pechanga ,settlement ,agreement and ,act ,nothing in the ,pechanga ,settlement ,agreement or this section-- 7,a7 affects the ability of the ,united ,states1 acting as sovereign1 to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including-- 7i7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7ii7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7iii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7iv7 any regulations implementing the ,acts described in clauses 7i7 through 7iii72 7,b7 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 tribe2 7,c7 confers jurisdiction on any ,state court-- 7i7 to interpret ,federal law regarding health1 safety1 or the environment2 7ii7 to determine the duties of the ,united ,states or other parties pursuant to ,federal law regarding health1 safety1 or the environment2 or 7iii7 to conduct judicial review of ,federal agency action2 7,d7 waives any claim of a member of the ,band in an individual capacity that does not derive from a right of the ,band2 7,e7 limits any funding that ,,rcwd would otherwise be authorized to receive under any ,federal law1 including1 the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq47 as that ,act applies to permanent facilities for water recycling1 demineralization1 and desalination1 and distribution of nonpotable water supplies in ,southern ,riverside ,county1 ,california2 7,f7 characterizes any amounts received by ,,rcwd under the ,pechanga ,settlement ,agreement or this section as ,federal for purposes of section #afdi of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h-#cb72 or 7,g7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 or the ,california ,environmental ,quality ,act 7,cal4 ,pub4 ,res4 ,code #bajjj et seq47 prior to performing the respective obligations of that party under the ,pechanga ,settlement ,agreement or any of the exhibits to the ,pechanga ,settlement ,agreement4 7#e7 ,enforceability date ,the enforceability date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7,a7 the ,adjudication ,court has approved and entered a judgment and decree approving the ,pechanga ,settlement ,agreement in substantially the same form as ,appendix #b to the ,pechanga ,settlement ,agreement2 7,b7 all amounts authorized by this section have been deposited in the ,fund2 7,c7 the waivers and releases authorized in paragraph 7#a7 have been executed by the ,band and the ,secretary2 7,d7 the ,extension of ,service ,area ,agreement-- 7i7 has been approved and executed by all the parties to the ,extension of ,service ,area ,agreement2 and 7ii7 is effective and enforceable in accordance with the terms of the ,extension of ,service ,area ,agreement2 and 7,e7 the ,,esaa ,water ,delivery ,agreement-- 7i7 has been approved and executed by all the parties to the ,,esaa ,water ,delivery ,agreement2 and 7ii7 is effective and enforceable in accordance with the terms of the ,,esaa ,water ,delivery ,agreement4 7#f7 ,tolling of claims 7,a7 ,in general ,each applicable period of limitation and time-based equitable defense relating to a claim described in this subsection shall be tolled for the period beginning on the date of enactment of this ,act and ending on the earlier of-- 7i7 ,april #cj1 #bjcj1 or such alternate date after ,april #cj1 #bjcj1 as is agreed to by the ,band and the ,secretary2 or 7ii7 the enforceability date4 7,b7 ,effects of subsection ,nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,act4 7,c7 ,limitation ,nothing in this subsection precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 7#g7 ,termination 7,a7 ,in general ,if all of the amounts authorized to be appropriated to the ,secretary pursuant to this section have not been made available to the ,secretary by ,april #cj1 #bjcj-- 7i7 the waivers authorized by this subsection shall expire and have no force or effect2 and 7ii7 all statutes of limitations applicable to any claim otherwise waived under this subsection shall be tolled until ,april #cj1 #bjcj4 7,b7 ,voiding of waivers ,if a waiver authorized by this subsection is void under subparagraph 7,a7-- 7i7 the approval of the ,united ,states of the ,pechanga ,settlement ,agreement under subsection 7c7 shall be void and have no further force or effect2 7ii7 any unexpended ,federal amounts appropriated or made available to carry out this section1 together with any interest earned on those amounts1 and any water rights or contracts to use water and title to other property acquired or constructed with ,federal amounts appropriated or made available to carry out this section shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,band and the ,united ,states and approved by ,congress2 and 7iii7 except for ,federal amounts used to acquire or develop property that is returned to the ,federal ,government under clause 7ii71 the ,united ,states shall be entitled to set off any ,federal amounts appropriated or made available to carry out this section that were expended or withdrawn1 together with any interest accrued1 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 ,allottees4 7g7 ,water facilities 7#a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the designated accounts of the ,fund1 provide the amounts necessary to fulfill the obligations of the ,band under the ,recycled ,water ,infrastructure ,agreement and the ,,esaa ,capacity ,agreement1 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 ,fund1 in accordance with this section and the terms and conditions of those agreements4 7#b7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this subsection shall be nonreimbursable4 7#c7 ,recycled water infrastructure 7,a7 ,in general ,the ,secretary shall1 using amounts from the ,pechanga ,recycled ,water ,infrastructure account1 provide amounts for the ,storage ,pond in accordance with this paragraph4 7,b7 ,storage ,pond 7i7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 provide the amounts necessary to fulfill the obligations of the ,band under the ,recycled ,water ,infrastructure ,agreement for the design and construction of the ,storage ,pond1 in an amount not to exceed #b1fef1cgd4 7ii7 ,procedure ,the procedure for the ,secretary to provide amounts pursuant to this paragraph shall be as set forth in the ,recycled ,water ,infrastructure ,agreement4 7iii7 ,lead agency ,the ,bureau of ,reclamation shall be the lead agency for purposes of the implementation of this paragraph4 7iv7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,storage ,pond4 7#d7 ,,esaa delivery capacity 7,a7 ,in general ,the ,secretary shall1 using amounts from the ,pechanga ,,esaa ,delivery ,capacity account1 provide amounts for ,interim ,capacity and ,permanent ,capacity in accordance with this paragraph4 7,b7 ,interim capacity 7i7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the ,,esaa ,delivery ,capacity account1 provide amounts necessary to fulfill the obligations of the ,band under the ,,esaa ,capacity ,agreement for the provision by ,,rcwd of ,interim ,capacity to the ,band in an amount not to exceed #a1jjj1jjj4 7ii7 ,procedure ,the procedure for the ,secretary to provide amounts pursuant to this subparagraph shall be as set forth in the ,,esaa ,capacity ,agreement4 7iii7 ,lead agency ,the ,bureau of ,reclamation shall be the lead agency for purposes of the implementation of this subparagraph4 7iv7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,interim ,capacity to be provided by ,,rcwd4 7v7 ,transfer to ,band ,if ,,rcwd does not provide the ,interim ,capacity ,notice required pursuant to the ,,esaa ,capacity ,agreement by the date that is #fj days after the date required under the ,,esaa ,capacity ,agreement1 the amounts in the ,pechanga ,,esaa ,delivery ,capacity account for purposes of the provision of ,interim ,capacity and ,permanent ,capacity1 including any interest that has accrued on those amounts1 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 ,capacity4 7,c7 ,permanent capacity 7i7 ,in general ,on receipt of the ,permanent ,capacity ,notice pursuant to section #e7;b7 of the ,,esaa ,capacity ,agreement1 the ,secretary1 acting through the ,bureau of ,reclamation1 shall enter into negotiations with ,,rcwd and the ,band to establish an agreement that will allow for the disbursement of amounts from the ,pechanga ,,esaa ,delivery ,capacity account in accordance with clause 7ii74 7ii7 ,schedule of disbursement ,subject to the availability of amounts under subsection 7h77#e71 on execution of the ,,esaa ,capacity ,agreement1 the ,secretary shall1 subject to the availability of appropriations and using amounts from the ,,esaa ,delivery ,capacity account1 provide amounts necessary to fulfill the obligations of the ,band under the ,,esaa ,capacity ,agreement for the provision by ,,rcwd of ,permanent ,capacity to the ,band in an amount not to exceed the amount available in the ,,esaa ,delivery ,capacity account as of the date on which the ,,esaa ,capacity ,agreement is executed4 7iii7 ,procedure ,the procedure for the ,secretary to provide funds pursuant to this subparagraph shall be as set forth in the ,,esaa ,capacity ,agreement4 7iv7 ,lead agency ,the ,bureau of ,reclamation shall be the lead agency for purposes of the implementation of this subparagraph4 7v7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,permanent ,capacity to be provided by ,,rcwd4 7vi7 ,transfer to band ,if ,,rcwd does not provide the ,permanent ,capacity ,notice required pursuant to the ,,esaa ,capacity ,agreement by the date that is #e years after the enforceability date1 the amounts in the ,pechanga ,,esaa ,delivery ,capacity account for purposes of the provision of ,permanent ,capacity1 including any interest that has accrued on those amounts1 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 ,capacity4 7h7 ,pechanga ,settlement ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,pechanga ,settlement ,fund1 to be managed1 invested1 and distributed by the ,secretary and to be available until expended1 and1 together with any interest earned on those amounts1 to be used solely for the purpose of carrying out this section4 7#b7 ,transfers to fund ,the ,fund shall consist of such amounts as are deposited in the ,fund under subsection 7j71 together with any interest earned on those amounts1 which shall be available in accordance with paragraph 7#e74 7#c7 ,accounts of ,pechanga ,settlement ,fund ,the ,secretary shall establish in the ,fund the following accounts3 7,a7 ,pechanga ,recycled ,water ,infrastructure account1 consisting of amounts authorized pursuant to subsection 7j77#a74 7,b7 ,pechanga ,,esaa ,delivery ,capacity account1 consisting of amounts authorized pursuant to subsection 7j77#b74 7,c7 ,pechanga ,water ,fund account1 consisting of amounts authorized pursuant to subsection 7j77#c74 7,d7 ,pechanga ,water ,quality account1 consisting of amounts authorized pursuant to subsection 7j77#d74 7#d7 ,management of fund ,the ,secretary shall manage1 invest1 and distribute all amounts in the ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this subsection4 7#e7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,fund1 including any investment earnings accrued from the date of deposit in the ,fund through the date of disbursement from the ,fund1 shall be made available to the ,band by the ,secretary beginning on the enforceability date4 7#f7 ,withdrawals by band pursuant to the ,american ,indian ,trust ,fund ,management ,reform ,act 7,a7 ,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 #aiid 7#be ,u4,s4,c4 #djja et seq474 7,b7 ,requirements 7i7 ,in general ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the tribal management plan under subparagraph 7,a7 shall require that the ,band shall spend all amounts withdrawn from the ,fund in accordance with this section4 7ii7 ,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 paragraph are used in accordance with this section4 7#g7 ,withdrawals by ,band pursuant to an ,expenditure ,plan 7,a7 ,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 plan4 7,b7 ,requirements ,the expenditure plan under subparagraph 7,a7 shall include a description of the manner and purpose for which the amounts proposed to be disbursed from the ,fund will be used1 in accordance with paragraph 7#h74 7,c7 ,approval ,if the ,secretary determines that an expenditure plan submitted under this subsection is consistent with the purposes of this section1 the ,secretary shall approve the plan4 7,d7 ,enforcement ,the ,secretary may carry out such judicial or administrative actions as the ,secretary determines necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this section4 7#h7 ,uses ,amounts from the ,fund shall be used by the ,band for the following purposes3 7,a7 ,pechanga ,recycled ,water ,infrastructure account ,the ,pechanga ,recycled ,water ,infrastructure account shall be used for expenditures by the ,band in accordance with subsection 7g77#c74 7,b7 ,pechanga ,,esaa ,delivery ,capacity account ,the ,pechanga ,,esaa ,delivery ,capacity account shall be used for expenditures by the ,band in accordance with subsection 7g77#d74 7,c7 ,pechanga ,water ,fund account ,the ,pechanga ,water ,fund account shall be used for-- 7i7 payment of the ,,emwd ,connection ,fee2 7ii7 payment of the ,,mwd ,connection ,fee2 and 7iii7 any expenses1 charges1 or fees incurred by the ,band in connection with the delivery or use of water pursuant to the ,pechanga ,settlement ,agreement4 7,d7 ,pechanga ,water ,quality account ,the ,pechanga ,water ,quality account shall be used by the ,band to fund groundwater desalination activities within the ,wolf ,valley ,basin4 7#i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure of1 or the investment of any amounts withdrawn from1 the ,fund by the ,band under paragraph 7#f7 or 7#g74 7#aj7 ,no per capita distributions ,no portion of the ,fund shall be distributed on a per capita basis to any member of the ,band4 7i7 ,miscellaneous provisions 7#a7 ,waiver of sovereign immunity by the ,united ,states ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff71 nothing in this section waives the sovereign immunity of the ,united ,states4 7#b7 ,other tribes not adversely affected ,nothing in this section quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian tribe1 band1 or community other than the ,band4 7#c7 ,limitation on claims for reimbursement ,with respect to ,indian land within the ,reservation-- 7,a7 the ,united ,states shall not submit against any ,indian-owned land located within the ,reservation any claim for reimbursement of the cost to the ,united ,states of carrying out this section and the ,pechanga ,settlement ,agreement2 and 7,b7 no assessment of any ,indian-owned land located within the ,reservation shall be made regarding that cost4 7#d7 ,effect on current law ,nothing in this subsection affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to preenforcement review of any ,federal environmental enforcement action4 7j7 ,authorization of appropriations 7#a7 ,pechanga recycled water infrastructure account ,there is authorized to be appropriated #b1fef1cgd1 for deposit in the ,pechanga ,recycled ,water ,infrastructure account1 to carry out the activities described in subsection 7g77#c74 7#b7 ,pechanga ,,esaa delivery capacity account ,there is authorized to be appropriated #ag1ijj1jjj1 for deposit in the ,pechanga ,,esaa ,delivery ,capacity account1 which amount shall be adjusted for changes in construction costs since ,june #cj1 #bjji1 as is indicated by ,,enr ,construction ,cost ,index1 #bj-;,city ,average1 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 subparagraphs 7,b77v7 and 7,c77vi7 of subsection 7g77#d71 with such adjustment ending on the date on which funds authorized to be appropriated under this subsection have been deposited in the ,fund4 7#c7 ,pechanga water fund account ,there is authorized to be appropriated #e1dhc1fec1 for deposit in the ,pechanga ,water ,fund account1 which amount shall be adjusted for changes in appropriate cost indices since ,june #cj1 #bjji1 with such adjustment ending on the date of deposit in the ,fund1 for the purposes set forth in subsection 7h77#h77;,c74 7#d7 ,pechanga water quality account ,there is authorized to be appropriated #b1dfj1jjj1 for deposit in the ,pechanga ,water ,quality account1 which amount shall be adjusted for changes in appropriate cost indices since ,june #cj1 #bjji1 with such adjustment ending on the date of deposit in the ,fund1 for the purposes set forth in subsection 7h77#h77;,d74 7k7 ,repeal on failure of enforceability date ,if the ,secretary does not publish a statement of findings under subsection 7f77#e7 by ,april #cj1 #bjba1 or such alternative later date as is agreed to by the ,band and the ,secretary1 as applicable-- 7#a7 this section is repealed effective on the later of ,may #a1 #bjba1 or the day after the alternative date agreed to by the ,band and the ,secretary2 7#b7 any action taken by the ,secretary and any contract or agreement pursuant to the authority provided under any provision of this section shall be void2 7#c7 any amounts appropriated under subsection 7j71 together with any interest on those amounts1 shall immediately revert to the general fund of the ,treasury2 and 7#d7 any amounts made available under subsection 7j7 that remain unexpended shall immediately revert to the general fund of the ,treasury4 7l7 ,antideficiency 7#a7 ,in general ,notwithstanding any authorization of appropriations to carry out this section1 the expenditure or advance of any funds1 and the performance of any obligation by the ,department in any capacity1 pursuant to this section shall be contingent on the appropriation of funds for that expenditure1 advance1 or performance4 7#b7 ,liability ,the ,department of the ,interior shall not be liable for the failure to carry out any obligation or activity authorized by this section if adequate appropriations are not provided to carry out this section4 #hjaj4 ,gold ,king ,mine spill recovery 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,claimant ,the term claimant means a ,state1 ,indian tribe1 or local government that submits a claim under subsection 7c74 7#c7 ,gold ,king ,mine release ,the term ,gold ,king ,mine release means the discharge on ,august #e1 #bjae1 of approximately #c1jjj1jjj gallons of contaminated water from the ,gold ,king ,mine north of ,silverton1 ,colorado1 into ,cement ,creek that occurred while contractors of the ,environmental ,protection ,agency were conducting an investigation of the ,gold ,king ,mine to assess mine conditions4 7#d7 ,national ,contingency ,plan ,the term ,national ,contingency ,plan means the ,national ,contingency ,plan prepared and published under part #cjj of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,response ,the term response has the meaning given the term in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja74 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,administrator should receive and process1 as expeditiously as possible1 claims under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act7 for any injury arising out of the ,gold ,king ,mine release4 7c7 ,gold ,king ,mine release claims pursuant to the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#a7 ,in general ,the ,administrator shall1 consistent with the ,national ,contingency ,plan1 receive and process under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 and pay from appropriations made available to the ,administrator to carry out that ,act1 any claim made by a ,state1 ,indian tribe1 or local government for eligible response costs relating to the ,gold ,king ,mine release4 7#b7 ,eligible response costs 7,a7 ,in general ,response costs incurred between ,august #e1 #bjae1 and ,september #i1 #bjaf1 are eligible for payment by the ,administrator under this subsection1 without prior approval by the ,administrator1 if the response costs are not inconsistent with the ,national ,contingency ,plan4 7,b7 ,prior approval required ,response costs incurred after ,september #i1 #bjaf1 are eligible for payment by the ,administrator under this subsection if-- 7i7 the ,administrator approves the response costs under section #aaa7;a77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifaa7;a77#b772 and 7ii7 the response costs are not inconsistent with the ,national ,contingency ,plan4 7#c7 ,presumption 7,a7 ,in general ,the ,administrator shall consider response costs claimed under paragraph 7#a7 to be eligible response costs if a reasonable basis exists to establish that the response costs are not inconsistent with the ,national ,contingency ,plan4 7,b7 ,applicable ,standard ,in determining whether a response cost is not inconsistent with the ,national ,contingency ,plan1 the ,administrator shall apply the same standard that the ,united ,states applies in seeking recovery of the response costs of the ,united ,states from responsible parties under section #ajg of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjg74 7#d7 ,timing 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall make a decision on1 and pay1 any eligible response costs submitted to the ,administrator before that date of enactment4 7,b7 ,subsequently filed claims ,not later than #ij days after the date on which a claim is submitted to the ,administrator1 the ,administrator shall make a decision on1 and pay1 any eligible response costs4 7,c7 ,deadline ,all claims under this subsection shall be submitted to the ,administrator not later than #ahj days after the date of enactment of this ,act4 7,d7 ,notification ,not later than #cj days after the date on which the ,administrator makes a decision under subparagraph 7,a7 or 7,b71 the ,administrator shall notify the claimant of the decision4 7d7 ,water quality program 7#a7 ,in general ,in response to the ,gold ,king ,mine release1 the ,administrator1 in conjunction with affected ,states1 ,indian tribes1 and local governments1 shall1 subject to the availability of appropriations1 develop and implement a program for long-term water quality monitoring of rivers contaminated by the ,gold ,king ,mine release4 7#b7 ,requirements ,in carrying out the program described in paragraph 7#a71 the ,administrator1 in conjunction with affected ,states1 ,indian tribes1 and local governments1 shall-- 7,a7 collect water quality samples and sediment data2 7,b7 provide the public with a means of viewing the water quality sample results and sediment data referred to in subparagraph 7,a7 by1 at a minimum1 posting the information on the website of the ,administrator2 7,c7 take any other reasonable measure necessary to assist affected ,states1 ,indian tribes1 and local governments with long-term water monitoring2 and 7,d7 carry out additional program activities related to long-term water quality monitoring that the ,administrator determines to be necessary4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as may be necessary to carry out this subsection1 including the reimbursement of affected ,states1 ,indian tribes1 and local governments for the costs of long-term water quality monitoring of any river contaminated by the ,administrator4 7e7 ,existing ,state and tribal law ,nothing in this section affects the jurisdiction or authority of any department1 agency1 or officer of any ,state government or any ,indian tribe4 7f7 ,savings clause ,nothing in this section affects any right of any ,state1 ,indian tribe1 or other person to bring a claim against the ,united ,states for response costs or natural resources damages pursuant to section #ajg of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjg74 #hjaa4 ,reports by the ,comptroller ,general ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct the following reviews and submit to ,congress reports describing the results of the reviews3 7#a7 ,a review of the implementation and effectiveness of the ,columbia ,river ,basin restoration program authorized under part ,v of subtitle ,f of title ,,vii4 7#b7 ,a review of the implementation and effectiveness of watercraft inspection stations established by the ,secretary under section #ajd of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7 in preventing the spread of aquatic invasive species at reservoirs operated and maintained by the ,secretary4 #hjab4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,state water quality standards that impact the disposal of dredged material should be developed collaboratively1 with input from all relevant stakeholders2 7#b7 ,open-water disposal of dredged material should be reduced to the maximum extent practicable2 7#c7 ,where practicable1 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 involving regional bodies4 #hjac4 ,bureau of ,reclamation ,dakotas ,area ,office permit fees for cabins and trailers ,during the period ending #e years after the date of enactment of this ,act1 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 #cc percent of the permit fee that was in effect on ,january #a1 #bjaf4 #hjad4 ,use of trailer homes at heart butte dam and reservoir 7lake tschida7 7a7 ,definitions ,in this section3 7#a7 ,addition ,the term addition means any enclosed structure added onto the structure of a trailer home that increases the living area of the trailer home4 7#b7 ,camper or recreational vehicle ,the term camper or recreational vehicle includes-- 7,a7 a camper1 motorhome1 trailer camper1 bumper hitch camper1 fifth wheel camper1 or equivalent mobile shelter2 and 7,b7 a recreational vehicle4 7#c7 ,immediate family ,the term immediate family means a spouse1 grandparent1 parent1 sibling1 child1 or grandchild4 7#d7 ,permit ,the term permit means a permit issued by the ,secretary authorizing the use of a lot in a trailer area4 7#e7 ,permit year ,the term permit year means the period beginning on ,april #a of a calendar year and ending on ,march #ca of the following calendar year4 7#f7 ,permittee ,the term permittee means a person holding a permit4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 7#h7 ,trailer area ,the term trailer area means any of the following areas at ,heart ,butte ,dam and ,reservoir 7,lake ,tschida7 7as described in the document of the ,bureau of ,reclamation entitled ,heart ,butte ,reservoir ,resource ,management ,plan 7,march #bjjh773 7,a7 ,trailer ,area #a and #b1 also known as ,management ,unit #jcd4 7,b7 ,southside ,trailer ,area1 also known as ,management ,unit #jad4 7#i7 ,trailer home ,the term trailer home means a dwelling placed on a supporting frame that-- 7,a7 has or had a tow-hitch2 and 7,b7 is made mobile1 or is capable of being made mobile1 by an axle and wheels4 7b7 ,permit renewal and permitted use 7#a7 ,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 ,reclamation4 7#b7 ,trailer homes ,with respect to a trailer home1 a permit for each permit year shall authorize the permittee-- 7,a7 to park the trailer home on the lot2 7,b7 to use the trailer home on the lot2 7,c7 to physically move the trailer home on and off the lot2 and 7,d7 to leave on the lot any addition1 deck1 porch1 entryway1 step to the trailer home1 propane tank1 or storage shed4 7#c7 ,campers or recreational vehicles ,with respect to a camper or recreational vehicle1 a permit shall1 for each permit year-- 7,a7 from ,april #a to ,october #ca1 authorize the permittee-- 7i7 to park the camper or recreational vehicle on the lot2 7ii7 to use the camper or recreational vehicle on the lot2 and 7iii7 to move the camper or recreational vehicle on and off the lot2 and 7,b7 from ,november #a to ,march #ca1 require a permittee to remove the camper or recreational vehicle from the lot4 7c7 ,removal 7#a7 ,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 ,act4 7#b7 ,removal and new use ,if the ,secretary requires removal of a trailer home under paragraph 7#a71 on request by the permittee1 the ,secretary shall authorize the permittee-- 7,a7 to replace the trailer home on the lot with a camper or recreational vehicle in accordance with this section2 or 7,b7 to place a trailer home on the lot from ,april #a to ,october #ca4 7d7 ,transfer of permits 7#a7 ,transfer of trailer home title ,if a permittee transfers title to a trailer home permitted on a lot in a trailer area1 the ,secretary shall issue a permit to the transferee1 under the same terms as the permit applicable on the date of transfer1 subject to the conditions described in paragraph 7#c74 7#b7 ,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 lot1 the ,secretary shall issue a permit to the transferee1 subject to the conditions described in paragraph 7#c74 7#c7 ,conditions ,a permit issued by the ,secretary under paragraph 7#a7 or 7#b7 shall be subject to the following conditions3 7,a7 ,a permit may not be held in the name of a corporation4 7,b7 ,a permittee may not have an interest in1 or control of1 more than #a seasonal trailer home site in the ,great ,plains ,region of the ,bureau of ,reclamation1 inclusive of sites located on tracts permitted to organized groups on ,reclamation reservoirs4 7,c7 ,not more than #b persons may be permittees under #a permit1 unless-- 7i7 approved by the ,secretary2 or 7ii7 the additional persons are immediate family members of the permittees4 7e7 ,anchoring requirements for trailer homes ,the ,secretary shall require compliance with appropriate anchoring requirements for each trailer home 7including additions to the trailer home7 and other objects on a lot in a trailer area1 as determined by the ,secretary1 after consulting with permittees4 7f7 ,replacement1 removal1 and return 7#a7 ,replacement ,permittees may replace their trailer home with another trailer home4 7#b7 ,removal and return ,permittees may-- 7,a7 remove their trailer home2 and 7,b7 if the permittee removes their trailer home under subparagraph 7,a71 return the trailer home to the lot of the permittee4 7g7 ,liability2 taking 7#a7 ,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 act1 omission1 or occurrence relating to a lot to which a permit applies1 other than for damages caused by an act or omission of the ,united ,states or an employee1 agent1 or contractor of the ,united ,states before the date of enactment of this ,act4 7#b7 ,taking ,any temporary flooding or flood damage to the personal property of a permittee shall not be a taking by the ,united ,states4 ,,ix ,blackfeet ,water ,rights ,settlement ,act #ijja4 ,short title ,this title may be cited as the ,blackfeet ,water ,rights ,settlement ,act4 #ijjb4 ,purposes ,the purposes of this title are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights in the ,state of ,montana for-- 7,a7 the ,blackfeet ,tribe of the ,blackfeet ,indian ,reservation2 and 7,b7 the ,united ,states1 for the benefit of the ,tribe and allottees2 7#b7 to authorize1 ratify1 and confirm the water rights compact entered into by the ,tribe and the ,state1 to the extent that the ,compact is consistent with this title2 7#c7 to authorize and direct the ,secretary of the ,interior-- 7,a7 to execute the ,compact2 and 7,b7 to take any other action necessary to carry out the ,compact in accordance with this title2 and 7#d7 to authorize funds necessary for the implementation of the ,compact and this title4 #ijjc4 ,definitions ,in this title3 7#a7 ,allottee ,the term allottee means any individual who holds a beneficial real property interest in an allotment of ,indian land that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#b7 ,birch creek agreement ,the term ,birch ,creek ,agreement means-- 7,a7 the agreement between the ,tribe and the ,state regarding ,birch ,creek water use dated ,january #ca1 #bjjh 7as amended on ,february #ac1 #bjji72 and 7,b7 any amendment or exhibit 7including exhibit amendments7 to that agreement that is executed in accordance with this title4 7#c7 ,blackfeet irrigation project ,the term ,blackfeet ,irrigation ,project means the irrigation project authorized by the matter under the heading ,,montana of title ,,ii of the ,act of ,march #a1 #aijg 7#cd ,stat4 #ajce1 chapter #bbhe71 and administered by the ,bureau of ,indian ,affairs4 7#d7 ,compact ,the term ,compact means-- 7,a7 the ,blackfeet-,montana water rights compact dated ,april #ae1 #bjji1 as contained in section #he-bj-aeja of the ,montana ,code ,annotated 7#bjae72 and 7,b7 any amendment or exhibit 7including exhibit amendments7 to the ,compact that is executed to make the ,compact consistent with this title4 7#e7 ,enforceability date ,the term enforceability date means the date described in section #ijbj7;f74 7#f7 ,lake ,elwell ,the term ,lake ,elwell means the water impounded on the ,marias ,river in the ,state by ,tiber ,dam1 a feature of the ,lower ,marias ,unit of the ,pick-,sloan ,missouri ,river ,basin ,program authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe74 7#g7 ,milk river basin ,the term ,milk ,river ,basin means the ,north ,fork1 ,middle ,fork1 ,south ,fork1 and main stem of the ,milk ,river and tributaries1 from the headwaters to the confluence with the ,missouri ,river4 7#h7 ,milk river project 7,a7 ,in general ,the term ,milk ,river ,project means the ,bureau of ,reclamation project conditionally approved by the ,secretary on ,march #ad1 #aijc1 pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 commencing at ,lake ,sherburne ,reservoir and providing water to a point approximately #f miles east of ,nashua1 ,montana4 7,b7 ,inclusions ,the term ,milk ,river ,project includes-- 7i7 the ,st4 ,mary ,unit2 7ii7 the ,fresno ,dam and ,reservoir2 and 7iii7 the ,dodson pumping unit4 7#i7 ,milk river project water rights ,the term ,milk ,river ,project water rights means the water rights held by the ,bureau of ,reclamation on behalf of the ,milk ,river ,project1 as finally adjudicated by the ,montana ,water ,court4 7#aj7 ,milk river water right ,the term ,milk ,river water right means the portion of the ,tribal water rights described in article ,,iii4,f of the ,compact and this title4 7#aa7 ,missouri river basin ,the term ,missouri ,river ,basin means the hydrologic basin of the ,missouri ,river 7including tributaries74 7#ab7 ,,mr,i system ,the term ,,mr,i ,system means the intake1 treatment1 pumping1 storage1 pipelines1 appurtenant items1 and any other feature of the system1 as generally described in the document entitled ,blackfeet ,regional ,water ,system1 prepared by ,,dowl ,,hkm1 and dated ,june #bjaj1 and modified by ,,dowl ,,hkm1 as set out in the addendum to the report dated ,march #bjac4 7#ac7 ,,om,r ,the term ,,om,r means-- 7,a7 any recurring or ongoing activity associated with the day-to-day operation of a project2 7,b7 any activity relating to scheduled or unscheduled maintenance of a project2 and 7,c7 any activity relating to replacing a feature of a project4 7#ad7 ,reservation ,the term ,reservation means the ,blackfeet ,indian ,reservation of ,montana1 as-- 7,a7 established by the ,treaty of ,october #ag1 #ahee 7#aa ,stat4 #feg72 and 7,b7 modified by-- 7i7 the ,executive ,order of ,july #e1 #ahgc 7relating to the ,blackfeet ,reserve72 7ii7 the ,act of ,april #ae1 #ahgd 7#ah ,stat4 #bh1 chapter #if72 7iii7 the ,executive order of ,august #ai1 #ahgd 7relating to the ,blackfeet ,reserve72 7iv7 the ,executive order of ,april #ac1 #ahge 7relating to the ,blackfeet ,reserve72 7v7 the ,executive order of ,july #ac1 #ahhj 7relating to the ,blackfeet ,reserve72 7vi7 the ,agreement with the ,blackfeet1 ratified by the ,act of ,may #a1 #ahhh 7#be ,stat4 #aac1 chapter #bac72 and 7vii7 the ,agreement with the ,blackfeet1 ratified by the ,act of ,june #aj1 #ahif 7#bi ,stat4 #cec1 chapter #cih74 7#ae7 ,st4 mary river water right ,the term ,st4 ,mary ,river water right means that portion of the ,tribal water rights described in article ,,iii4,g4#a4;a4i4 of the ,compact and this title4 7#af7 ,st4 ,mary ,unit 7,a7 ,in general ,the term ,st4 ,mary ,unit means the ,st4 ,mary ,storage ,unit of the ,milk ,river ,project authorized by ,congress on ,march #be1 #aije4 7,b7 ,inclusions ,the term ,st4 ,mary ,unit includes-- 7i7 ,sherburne ,dam and ,reservoir2 7ii7 ,swift ,current ,creek ,dike2 7iii7 ,lower ,st4 ,mary ,lake2 7iv7 ,st4 ,mary ,canal ,diversion ,dam2 and 7v7 ,st4 ,mary ,canal and appurtenances4 7#ag7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ah7 ,state ,the term ,state means the ,state of ,montana4 7#ai7 ,swiftcurrent creek bank stabilization project ,the term ,swiftcurrent ,creek ,bank ,stabilization ,project means the project to mitigate the physical and environmental problems associated with the ,st4 ,mary ,unit from ,sherburne ,dam to the ,st4 ,mary ,river1 as described in the report entitled ,boulder_/,swiftcurrent ,creek ,stabilization ,project1 ,phase ,,ii ,investigations ,report1 prepared by ,,dowl ,,hkm1 and dated ,march #bjab4 7#bj7 ,tribal water rights ,the term ,tribal water rights means the water rights of the ,tribe described in article ,,iii of the ,compact and this title1 including-- 7,a7 the ,lake ,elwell allocation provided to the ,tribe under section #ijji2 and 7,b7 the instream flow water rights described in section #ijai4 7#ba7 ,tribe ,the term ,tribe means the ,blackfeet ,tribe of the ,blackfeet ,indian ,reservation of ,montana4 #ijjd4 ,ratification of compact 7a7 ,ratification 7#a7 ,in general ,as modified by this title1 the ,compact is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,any amendment to the ,compact is authorized1 ratified1 and confirmed1 to the extent that such amendment is executed to make the ,compact consistent with this title4 7b7 ,execution 7#a7 ,in general ,to the extent that the ,compact does not conflict with this title1 the ,secretary shall execute the ,compact1 including all exhibits to1 or parts of1 the ,compact requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this title precludes the ,secretary from approving any modification to an appendix or exhibit to the ,compact that is consistent with this title1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,compact and this title1 the ,secretary shall comply with all applicable provisions of-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 all other applicable environmental laws and regulations4 7#b7 ,effect of execution 7,a7 ,in general ,the execution of the ,compact by the ,secretary under this section shall not constitute a major ,federal action for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,compliance ,the ,secretary shall carry out all ,federal compliance activities necessary to implement the ,compact and this title4 #ijje4 ,milk river water right 7a7 ,in general ,with respect to the ,milk ,river water right1 the ,tribe-- 7#a7 may continue the historical uses and the uses in existence on the date of enactment of this title2 and 7#b7 except as provided in article ,,iii4,f4#a4;d of the ,compact1 shall not develop new uses until the date on which-- 7,a7 the ,tribe has entered into the agreement described in subsection 7c72 or 7,b7 the ,secretary has established the terms and conditions described in subsection 7e74 7b7 ,water rights arising under state law ,with respect to any water rights arising under ,state law in the ,milk ,river ,basin owned or acquired by the ,tribe1 the ,tribe-- 7#a7 may continue any use in existence on the date of enactment of this title2 and 7#b7 shall not change any use until the date on which-- 7,a7 the ,tribe has entered into the agreement described in subsection 7c72 or 7,b7 the ,secretary has established the terms and conditions described in subsection 7e74 7c7 ,tribal agreement 7#a7 ,in general ,in consultation with the ,commissioner of ,reclamation and the ,director of the ,bureau of ,indian ,affairs1 the ,tribe and the ,fort ,belknap ,indian ,community shall enter into an agreement to provide for the exercise of their respective water rights on the respective reservations of the ,tribe and the ,fort ,belknap ,indian ,community in the ,milk ,river4 7#b7 ,considerations ,the agreement entered into under paragraph 7#a7 shall take into consideration-- 7,a7 the equal priority dates of the #b ,indian tribes2 7,b7 the water supplies of the ,milk ,river2 and 7,c7 historical1 current1 and future uses identified by each ,indian tribe4 7d7 ,secretarial determination 7#a7 ,in general ,not later than #abj days after the date on which the agreement described in subsection 7c7 is submitted to the ,secretary1 the ,secretary shall review and approve or disapprove the agreement4 7#b7 ,approval ,the ,secretary shall approve the agreement if the ,secretary finds that the agreement-- 7,a7 equitably accommodates the interests of each ,indian tribe in the ,milk ,river2 7,b7 adequately considers the factors described in subsection 7c77#b72 and 7,c7 is otherwise in accordance with applicable law4 7#c7 ,deadline extension ,the deadline to review the agreement described in paragraph 7#a7 may be extended by the ,secretary after consultation with the ,tribe and the ,fort ,belknap ,indian ,community4 7e7 ,secretarial decision 7#a7 ,in general ,if the ,tribe and the ,fort ,belknap ,indian ,community do not1 by #c years after the ,secretary certifies under section #ijbj7;f77#e7 that the ,tribal membership has approved the ,compact and this title1 enter into an agreement approved under subsection 7d77#b71 the ,secretary1 in the ,secretary's sole discretion1 shall establish1 after consultation with the ,tribe and the ,fort ,belknap ,indian ,community1 terms and conditions that reflect the considerations described in subsection 7c77#b7 by which the respective water rights of the ,tribe and the ,fort ,belknap ,indian ,community in the ,milk ,river may be exercised4 7#b7 ,consideration as final agency action ,the establishment by the ,secretary of terms and conditions under paragraph 7#a7 shall be considered to be a final agency action for purposes of review under chapter #g of title #e1 ,united ,states ,code4 7#c7 ,judicial review ,an action for judicial review pursuant to this section shall be brought by not later than the date that is #a year after the date of notification of the establishment of the terms and conditions under this subsection4 7#d7 ,incorporation into decrees ,the agreement under subsection 7c71 or the decision of the ,secretary under this subsection1 shall be filed with the ,montana ,water ,court1 or the district court with jurisdiction1 for incorporation into the final decrees of the ,tribe and the ,fort ,belknap ,indian ,community4 7#e7 ,effective date ,the agreement under subsection 7c7 and a decision of the ,secretary under this subsection-- 7,a7 shall be effective immediately2 and 7,b7 may not be modified absent-- 7i7 the approval of the ,secretary2 and 7ii7 the consent of the ,tribe and the ,fort ,belknap ,indian ,community4 7f7 ,use of funds ,the ,secretary shall distribute equally the funds made available under section #ijah7;a77#b77;,c77ii7 to the ,tribe and the ,fort ,belknap ,indian ,community to use to reach an agreement under this section1 including for technical analyses and legal and other related efforts4 #ijjf4 ,water delivery through milk river project 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out the activities authorized under this section with respect to the ,st4 ,mary ,river water right4 7b7 ,treatment ,notwithstanding article ,,iv4,d4#d of the ,compact1 any responsibility of the ,united ,states with respect to the ,st4 ,mary ,river water right shall be limited to1 and fulfilled pursuant to-- 7#a7 subsection 7c7 of this section2 and 7#b7 subsection 7b77#c7 of section #ijaf and subsection 7a77#a77;,c7 of section #ijah4 7c7 ,water delivery contract 7#a7 ,in general ,not later than #ahj days after the enforceability date1 the ,secretary shall enter into a water delivery contract with the ,tribe for the delivery of not greater than #e1jjj acre-feet per year of the ,st4 ,mary ,river water right through ,milk ,river ,project facilities to the ,tribe or another entity specified by the ,tribe4 7#b7 ,terms and conditions ,the contract under paragraph 7#a7 shall establish the terms and conditions for the water deliveries described in paragraph 7#a7 in accordance with the ,compact and this title4 7#c7 ,requirements ,the water delivery contract under paragraph 7#a7 shall include provisions requiring that-- 7,a7 the contract shall be without limit as to term2 7,b7 the ,tribe1 and not the ,united ,states1 shall collect1 and shall be entitled to1 all consideration due to the ,tribe under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7f72 7,c7 the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7i7 any funds received by the ,tribe as consideration under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7f72 or 7ii7 the expenditure of such funds2 7,d7 if water deliveries under the contract are interrupted for an extended period of time because of damage to1 or a reduction in the capacity of1 ,st4 ,mary ,unit facilities1 the rights of the ,tribe shall be treated in the same manner as the rights of other contractors receiving water deliveries through the ,milk ,river ,project with respect to the water delivered under this section2 7,e7 deliveries of water under this section shall be-- 7i7 limited to not greater than #e1jjj acre-feet of water in any #a year2 7ii7 consistent with operations of the ,milk ,river ,project and without additional costs to the ,bureau of ,reclamation1 including operation1 maintenance1 and replacement costs2 and 7iii7 without additional cost to the ,milk ,river ,project water users2 and 7,f7 the ,tribe shall be required to pay ,,om,r for water delivered under this section4 7d7 ,shortage sharing or reduction 7#a7 ,in general ,the #e1jjj acre-feet per year of water delivered under paragraph 7#c77;,e77i7 of subsection 7c7 shall not be subject to shortage sharing or reduction1 except as provided in paragraph 7#c77;,d7 of that subsection4 7#b7 ,no injury to milk river project water users ,notwithstanding article ,,iv4,d4#d of the ,compact1 any reduction in the ,milk ,river ,project water supply caused by the delivery of water under subsection 7c7 shall not constitute injury to ,milk ,river ,project water users4 7e7 ,subsequent contracts 7#a7 ,in general ,as part of the studies authorized by section #ijjg7;c77#a71 the ,secretary1 acting through the ,commissioner of ,reclamation1 and in cooperation with the ,tribe1 shall identify alternatives to provide to the ,tribe water from the ,st4 ,mary ,river water right in quantities greater than the #e1jjj acre-feet per year of water described in subsection 7c77#c77;,e77i74 7#b7 ,contract for water delivery ,if the ,secretary determines under paragraph 7#a7 that more than #e1jjj acre-feet per year of the ,st4 ,mary ,river water right can be delivered to the ,tribe1 the ,secretary shall offer to enter into #a or more contracts with the ,tribe for the delivery of that water1 subject to the requirements of subsection 7c77#c71 except subsection 7c77#c77;,e77i71 and this subsection4 7#c7 ,treatment ,any delivery of water under this subsection shall be subject to reduction in the same manner as for ,milk ,river ,project contract holders4 7f7 ,subcontracts 7#a7 ,in general ,the ,tribe may enter into any subcontract for the delivery of water under this section to a third party1 in accordance with section #ijae7;e74 7#b7 ,compliance with other law ,all subcontracts described in paragraph 7#a7 shall comply with-- 7,a7 this title2 7,b7 the ,compact2 7,c7 the tribal water code2 and 7,d7 other applicable law4 7#c7 ,no liability ,the ,secretary shall not be liable to any party1 including the ,tribe1 for any term of1 or any loss or other detriment resulting from1 a lease1 contract1 or other agreement entered into pursuant to this subsection4 7g7 ,effect of provisions ,nothing in this section-- 7#a7 precludes the ,tribe from taking the water described in subsection 7c77#c77;,e77i71 or any additional water provided under subsection 7e71 from the direct flow of the ,st4 ,mary ,river2 or 7#b7 modifies the quantity of the ,tribal water rights described in article ,,iii4,g4#a of the ,compact4 7h7 ,other rights ,notwithstanding the requirements of article ,,iii4,g4#a4;d of the ,compact1 after satisfaction of all water rights under ,state law for use of ,st4 ,mary ,river water1 including the ,milk ,river ,project water rights1 the ,tribe shall have the right to the remaining portion of the share of the ,united ,states in the ,st4 ,mary ,river under the ,international ,boundary ,waters ,treaty of #aiji 7#cf ,stat4 #bddh7 for any tribally authorized use or need consistent with this title4 #ijjg4 ,bureau of reclamation activities to improve water management 7a7 ,milk river project purposes ,the purposes of the ,milk ,river ,project shall include-- 7#a7 irrigation2 7#b7 flood control2 7#c7 the protection of fish and wildlife2 7#d7 recreation2 7#e7 the provision of municipal1 rural1 and industrial water supply2 and 7#f7 hydroelectric power generation4 7b7 ,use of milk river project facilities for the benefit of tribe ,the use of ,milk ,river ,project facilities to transport water for the ,tribe pursuant to subsections 7c7 and 7e7 of section #ijjf1 together with any use by the ,tribe of that water in accordance with this title-- 7#a7 shall be considered to be an authorized purpose of the ,milk ,river ,project2 and 7#b7 shall not change the priority date of any ,tribal water rights4 7c7 ,st4 ,mary ,river ,studies 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 in cooperation with the ,tribe and the ,state1 shall conduct-- 7,a7 an appraisal study-- 7i7 to develop a plan for the management and development of water supplies in the ,st4 ,mary ,river ,basin and ,milk ,river ,basin1 including the ,st4 ,mary ,river and ,milk ,river water supplies for the ,tribe and the ,milk ,river water supplies for the ,fort ,belknap ,indian ,community2 and 7ii7 to identify alternatives to develop additional water of the ,st4 ,mary ,river for the ,tribe2 and 7,b7 a feasibility study-- 7i7 using the information resulting from the appraisal study conducted under paragraph 7#a7 and such other information as is relevant1 to evaluate the feasibility of-- 7,i7 alternatives for the rehabilitation of the ,st4 ,mary ,diversion ,dam and ,canal2 and 7,,ii7 increased storage in ,fresno ,dam and ,reservoir2 and 7ii7 to create a cost allocation study that is based on the authorized purposes described in subsections 7a7 and 7b74 7#b7 ,cooperative agreement ,on request of the ,tribe1 the ,secretary shall enter into a cooperative agreement with the ,tribe with respect to the portion of the appraisal study described in paragraph 7#a77;,a74 7#c7 ,costs nonreimbursable ,the cost of the studies under this subsection shall not be-- 7,a7 considered to be a cost of the ,milk ,river ,project2 or 7,b7 reimbursable in accordance with the reclamation laws4 7d7 ,swiftcurrent creek bank stabilization 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out appropriate activities concerning the ,swiftcurrent ,creek ,bank ,stabilization ,project1 including-- 7,a7 a review of the final project design2 and 7,b7 value engineering analyses4 7#b7 ,modification of final design ,prior to beginning construction activities for the ,swiftcurrent ,creek ,bank ,stabilization ,project1 on the basis of the review conducted under paragraph 7#a71 the ,secretary shall negotiate with the ,tribe appropriate changes1 if any1 to the final design-- 7,a7 to ensure compliance with applicable industry standards2 7,b7 to improve the cost-effectiveness of the ,swiftcurrent ,creek ,bank ,stabilization ,project2 and 7,c7 to ensure that the ,swiftcurrent ,creek ,bank ,stabilization ,project may be constructed using only the amounts made available under section #ijah4 7#c7 ,applicability of isdeaa ,at the request of the ,tribe1 and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into #a or more agreements with the ,tribe to carry out the ,swiftcurrent ,bank ,stabilization ,project4 7e7 ,administration ,the ,commissioner of ,reclamation and the ,tribe shall negotiate the cost of any oversight activity carried out by the ,bureau of ,reclamation under any agreement entered into under this section1 subject to the condition that the total cost for the oversight shall not exceed #d percent of the total costs incurred under this section4 7f7 ,milk river project rights-of-,way and easements 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,tribe shall grant the ,united ,states a right-of-way on ,reservation land owned by the ,tribe for all uses by the ,milk ,river ,project 7permissive or otherwise7 in existence as of ,december #ca1 #bjae1 including all facilities1 flowage easements1 and access easements necessary for the operation and maintenance of the ,milk ,river ,project4 7#b7 ,agreement regarding existing uses ,the ,tribe and the ,secretary shall enter into an agreement for a process to determine the location1 nature1 and extent of the existing uses referenced in this subsection4 ,the agreement shall require that-- 7,a7 a panel of #c individuals determine the location1 nature1 and extent of existing uses necessary for the operation and maintenance of the ,milk ,river ,project 7the ,panel ,determination71 with the ,tribe appointing #a representative of the ,tribe1 the ,secretary appointing #a representative of the ,secretary1 and those #b representatives jointly appointing a third individual2 7,b7 if the ,panel ,determination is unanimous1 the ,tribe grant a right-of-way to the ,united ,states for the existing uses identified in the ,panel ,determination in accordance with applicable law without additional compensation2 7,c7 if the ,panel ,determination is not unanimous-- 7i7 the ,secretary adopt the ,panel ,determination with any amendments the ,secretary reasonably determines necessary to correct any clear error 7the ,interior ,determination71 provided that if any portion of the ,panel ,determination is unanimous1 the ,secretary will not amend that portion2 and 7ii7 the ,tribe grant a right-of-way to the ,united ,states for the existing uses identified in the ,interior ,determination in accordance with applicable law without additional compensation1 with the agreement providing for the timing of the grant to take into consideration the possibility of review under paragraph 7#e74 7#c7 ,effect ,determinations made under this subsection-- 7,a7 do not address title as between the ,united ,states and the ,tribe2 and 7,b7 do not apply to any new use of ,reservation land by the ,united ,states for the ,milk ,river ,project after ,december #ca1 #bjae4 7#d7 ,interior determination as final agency action ,any determination by the ,secretary under paragraph 7#b77;,c7 shall be considered to be a final agency action for purposes of review under chapter #g of title #e1 ,united ,states ,code4 7#e7 ,judicial review ,an action for judicial review pursuant to this section shall be brought by not later than the date that is #a year after the date of notification of the ,interior ,determination4 7g7 ,funding ,the total amount of obligations incurred by the ,secretary shall not exceed-- 7#a7 #c1hjj1jjj to carry out subsection 7c72 7#b7 #bj1gjj1jjj to carry out subsection 7d72 and 7#c7 #c1ajj1jjj to carry out subsection 7f74 #ijjh4 ,st4 mary canal hydroelectric power generation 7a7 ,bureau of reclamation jurisdiction ,effective beginning on the date of enactment of this title1 the ,commissioner of ,reclamation shall have exclusive jurisdiction to authorize the development of hydropower on the ,st4 ,mary ,unit4 7b7 ,rights of tribe 7#a7 ,exclusive right of tribe ,subject to paragraph 7#b7 and notwithstanding any other provision of law1 the ,tribe shall have the exclusive right to develop and market hydroelectric power of the ,st4 ,mary ,unit4 7#b7 ,limitations ,the exclusive right described in paragraph 7#a7-- 7,a7 shall expire on the date that is #ae years after the date of enactment of an ,act appropriating funds for rehabilitation of the ,st4 ,mary ,unit2 but 7,b7 may be extended by the ,secretary at the request of the ,tribe4 7#c7 ,,om,r costs ,effective beginning on the date that is #aj years after the date on which the ,tribe begins marketing hydroelectric power generated from the ,st4 ,mary ,unit to any third party1 the ,tribe shall make annual payments for operation1 maintenance1 and replacement costs attributable to the direct use of any facilities by the ,tribe for hydroelectric power generation1 in amounts determined in accordance with the guidelines and methods of the ,bureau of ,reclamation for assessing operation1 maintenance1 and replacement charges4 7c7 ,bureau of reclamation cooperation ,the ,commissioner of ,reclamation shall cooperate with the ,tribe in the development of any hydroelectric power generation project under this section4 7d7 ,agreement ,before construction of a hydroelectric power generation project under this section1 the ,tribe shall enter into an agreement with the ,commissioner of ,reclamation that includes provisions-- 7#a7 requiring that-- 7,a7 the design1 construction1 and operation of the project shall be consistent with the ,bureau of ,reclamation guidelines and methods for hydroelectric power development at ,bureau facilities1 as appropriate2 and 7,b7 the hydroelectric power generation project will not impair the efficiencies of the ,milk ,river ,project for authorized purposes2 7#b7 regarding construction and operating criteria and emergency procedures2 and 7#c7 under which any modification proposed by the ,tribe to a facility owned by the ,bureau of ,reclamation shall be subject to review and approval by the ,secretary1 acting through the ,commissioner of ,reclamation4 7e7 ,use of hydroelectric power by tribe ,any hydroelectric power generated in accordance with this section shall be used or marketed by the ,tribe4 7f7 ,revenues ,the ,tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section4 7g7 ,liability of united states ,the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7#a7 any revenues received by the ,tribe under this section2 or 7#b7 the expenditure of those revenues4 7h7 ,preference ,during any period for which the exclusive right of the ,tribe described in subsection 7b77#a7 is not in effect1 the ,tribe shall have a preference to develop hydropower on the ,st4 ,mary ,unit facilities1 in accordance with ,bureau of ,reclamation guidelines and methods for hydroelectric power development at ,bureau facilities4 #ijji4 ,storage allocation from ,lake ,elwell 7a7 7#a7 ,storage allocation to tribe ,the ,secretary shall allocate to the ,tribe #de1jjj acre-feet per year of water stored in ,lake ,elwell for use by the ,tribe for any beneficial purpose on or off the ,reservation1 under a water right held by the ,united ,states and managed by the ,bureau of ,reclamation1 as measured at the outlet works of ,tiber ,dam or through direct pumping from ,lake ,elwell4 7#b7 ,reduction ,up to #aj1jjj acre-feet per year of water allocated to the ,tribe pursuant to paragraph 7#a7 will be subject to an acre-foot for acre-foot reduction if depletions from the ,tribal water rights above ,lake ,elwell exceed #hh1jjj acre-feet per year of water because of ,new ,development 7as defined in article ,,ii4#cg of the ,compact74 7b7 ,treatment 7#a7 ,in general ,the allocation to the ,tribe under subsection 7a7 shall be considered to be part of the ,tribal water rights4 7#b7 ,priority date ,the priority date of the allocation to the ,tribe under subsection 7a7 shall be the priority date of the ,lake ,elwell water right held by the ,bureau of ,reclamation4 7#c7 ,administration ,the ,tribe shall administer the water allocated under subsection 7a7 in accordance with the ,compact and this title4 7c7 ,allocation agreement 7#a7 ,in general ,as a condition of receiving an allocation under this section1 the ,tribe shall enter into an agreement with the ,secretary to establish the terms and conditions of the allocation1 in accordance with the ,compact and this title4 7#b7 ,inclusions ,the agreement under paragraph 7#a7 shall include provisions establishing that-- 7,a7 the agreement shall be without limit as to term2 7,b7 the ,tribe1 and not the ,united ,states1 shall be entitled to all consideration due to the ,tribe under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7d72 7,c7 the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7i7 any funds received by the ,tribe as consideration under any lease1 contract1 or agreement entered into by the ,tribe pursuant to subsection 7d72 or 7ii7 the expenditure of those funds2 7,d7 if the capacity or function of ,lake ,elwell facilities are significantly reduced1 or are anticipated to be significantly reduced1 for an extended period of time1 the ,tribe shall have the same rights as other storage contractors with respect to the allocation under this section2 7,e7 the costs associated with the construction of the storage facilities at ,tiber ,dam allocable to the ,tribe shall be nonreimbursable2 7,f7 no water service capital charge shall be due or payable for any water allocated to the ,tribe pursuant to this section or the allocation agreement1 regardless of whether that water is delivered for use by the ,tribe or under a lease1 contract1 or by agreement entered into by the ,tribe pursuant to subsection 7d72 7,g7 the ,tribe shall not be required to make payments to the ,united ,states for any water allocated to the ,tribe under this title or the allocation agreement1 except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph 7,h72 7,h7 for each acre-foot of stored water leased or transferred by the ,tribe for industrial purposes-- 7i7 the ,tribe shall pay annually to the ,united ,states an amount necessary to cover the proportional share of the annual operation1 maintenance1 and replacement costs allocable to the quantity of water leased or transferred by the ,tribe for industrial purposes2 and 7ii7 the annual payments of the ,tribe shall be reviewed and adjusted1 as appropriate1 to reflect the actual operation1 maintenance1 and replacement costs for ,tiber ,dam2 and 7,i7 the adjustment process identified in subsection 7a77#b7 will be based on specific enumerated provisions4 7d7 ,agreements by tribe ,the ,tribe may use1 lease1 contract1 exchange1 or enter into other agreements for use of the water allocated to the ,tribe under subsection 7a71 if-- 7#a7 the use of water that is the subject of such an agreement occurs within the ,missouri ,river ,basin2 and 7#b7 the agreement does not permanently alienate any portion of the water allocated to the ,tribe under subsection 7a74 7e7 ,effective date ,the allocation under subsection 7a7 takes effect on the enforceability date4 7f7 ,no carryover storage ,the allocation under subsection 7a7 shall not be increased by any year-to-year carryover storage4 7g7 ,development and delivery costs ,the ,united ,states shall not be required to pay the cost of developing or delivering any water allocated under this section4 #ijaj4 ,irrigation activities 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner of ,reclamation and in accordance with subsection 7c71 shall carry out the following actions relating to the ,blackfeet ,irrigation ,project3 7#a7 ,deferred maintenance4 7#b7 ,dam safety improvements for ,four ,horns ,dam4 7#c7 ,rehabilitation and enhancement of the ,four ,horns ,feeder ,canal1 ,dam1 and ,reservoir4 7b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activities carried out under this section4 7c7 ,scope of deferred maintenance activities and four horns dam safety improvements 7#a7 ,in general ,subject to the conditions described in paragraph 7#b71 the scope of the deferred maintenance activities and ,four ,horns ,dam safety improvements shall be as generally described in-- 7,a7 the document entitled ,engineering ,evaluation and ,condition ,assessment1 ,blackfeet ,irrigation ,project1 prepared by ,,dowl ,,hkm1 and dated ,august #bjjg2 and 7,b7 the provisions relating to ,four ,horns ,rehabilitated ,dam of the document entitled ,four ,horns ,dam ,enlarged ,appraisal ,evaluation ,design ,report1 prepared by ,,dowl ,,hkm1 and dated ,april #bjjg4 7#b7 ,conditions ,the conditions referred to in paragraph 7#a7 are that1 before commencing construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed rehabilitation or improvement2 7,b7 perform value engineering analyses2 7,c7 perform appropriate ,federal environmental compliance activities2 and 7,d7 ensure that the deferred maintenance activities and dam safety improvements may be constructed using only the amounts made available under section #ijah4 7d7 ,scope of rehabilitation and enhancement of four horns feeder canal1 dam1 and reservoir 7#a7 ,in general ,the scope of the rehabilitation and improvements shall be as generally described in the document entitled ,four ,horns ,feeder ,canal ,rehabilitation with ,export1 prepared by ,,dowl ,,hkm1 and dated ,april #bjac1 subject to the condition that1 before commencing construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed rehabilitation or improvement2 7,b7 perform value engineering analyses2 7,c7 perform appropriate ,federal environmental compliance activities2 and 7,d7 ensure that the rehabilitation and improvements may be constructed using only the amounts made available under section #ijah4 7#b7 ,inclusions ,the activities carried out by the ,secretary under this subsection shall include-- 7,a7 the rehabilitation or improvement of the ,four ,horns feeder canal system to a capacity of not fewer than #cfj cubic feet per second2 7,b7 the rehabilitation or improvement of the outlet works of ,four ,horns ,dam and ,reservoir to deliver not less than #ae1jjj acre-feet of water per year1 in accordance with subparagraph 7,c72 and 7,c7 construction of facilities to deliver not less than #ae1jjj acre-feet of water per year from ,four ,horns ,dam and ,reservoir1 to a point on or near ,birch ,creek to be designated by the ,tribe and the ,state for delivery of water to the water delivery system of the ,pondera ,county ,canal and ,reservoir ,company on ,birch ,creek1 in accordance with the ,birch ,creek ,agreement4 7#c7 ,negotiation with tribe ,on the basis of the review described in paragraph 7#a77;,a71 the ,secretary shall negotiate with the ,tribe appropriate changes to the final design of any activity under this subsection to ensure that the final design meets applicable industry standards4 7e7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #ed1ijj1jjj1 of which-- 7#a7 #dj1ijj1jjj shall be allocated to carry out the activities described in subsection 7c72 and 7#b7 #ad1jjj1jjj shall be allocated to carry out the activities described in subsection 7d77#b74 7f7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7g7 ,non-,federal contribution ,no part of the project under subsection 7d7 shall be commenced until the ,state has made available #bj1jjj1jjj to carry out the activities described in subsection 7d77#b74 7h7 ,administration ,the ,commissioner of ,reclamation and the ,tribe shall negotiate the cost of any oversight activity carried out by the ,bureau of ,reclamation under any agreement entered into under subsection 7m71 subject to the condition that the total cost for the oversight shall not exceed #d percent of the total project costs for each project4 7i7 ,project efficiencies ,if the total cost of planning1 design1 and construction activities relating to the projects described in this section results in cost savings and is less than the amounts authorized to be obligated1 the ,secretary1 at the request of the ,tribe1 may-- 7#a7 use those cost savings to carry out a project described in section #ijjg7;d71 #ijaa1 #ijab1 or #ijac2 or 7#b7 deposit those cost savings to the ,blackfeet ,,om,r ,trust ,account4 7j7 ,ownership by tribe of birch creek delivery facilities ,notwithstanding any other provision of law1 the ,secretary shall transfer to the ,tribe1 at no cost1 title in and to the facilities constructed under subsection 7d77#b77;,c74 7k7 ,ownership1 operation1 and maintenance ,on transfer to the ,tribe of title under subsection 7j71 the ,tribe shall-- 7#a7 be responsible for ,,om,r in accordance with the ,birch ,creek ,agreement2 and 7#b7 enter into an agreement with the ,bureau of ,indian ,affairs regarding the operation of the facilities described in that subsection4 7l7 ,liability of united states ,the ,united ,states shall have no obligation or responsibility with respect the facilities described in subsection 7d77#b77;,c74 7m7 ,applicability of ,,isdeaa ,at the request of the ,tribe1 and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into #a or more agreements with the ,tribe to carry out this section4 7n7 ,effect ,nothing in this section-- 7#a7 alters any applicable law 7including regulations7 under which the ,bureau of ,indian ,affairs collects assessments or carries out ,blackfeet ,irrigation ,project ,,om,r2 or 7#b7 impacts the availability of amounts made available under subsection 7a77#a77;,b7 of section #ijah4 #ijaa4 ,design and construction of ,,mr,i ,system 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall plan1 design1 and construct the water diversion and delivery features of the ,,mr,i ,system in accordance with #a or more agreements between the ,secretary and the ,tribe4 7b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activity to design and construct the water diversion and delivery features of the ,,mr,i ,system4 7c7 ,scope 7#a7 ,in general ,the scope of the design and construction under this section shall be as generally described in the document entitled ,blackfeet ,regional ,water ,system1 prepared by ,,dowl ,,hkm1 dated ,june #bjaj1 and modified by ,,dowl ,,hkm in the addendum to the report dated ,march #bjac1 subject to the condition that1 before commencing final design and construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed rehabilitation and construction2 7,b7 perform value engineering analyses2 and 7,c7 perform appropriate ,federal compliance activities4 7#b7 ,negotiation with tribe ,on the basis of the review described in paragraph 7#a77;,a71 the ,secretary shall negotiate with the ,tribe appropriate changes1 if any1 to the final design-- 7,a7 to ensure that the final design meets applicable industry standards2 7,b7 to improve the cost-effectiveness of the delivery of ,,mr,i ,system water2 and 7,c7 to ensure that the ,,mr,i ,system may be constructed using only the amounts made available under section #ijah4 7d7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7e7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #gf1bjj1jjj4 7f7 ,non-,federal contribution 7#a7 ,consultation ,before completion of the final design of the ,,mr,i ,system required by subsection 7c71 the ,secretary shall consult with the ,tribe1 the ,state1 and other affected non-,federal parties to discuss the possibility of receiving non-,federal contributions for the cost of the ,,mr,i ,system4 7#b7 ,negotiations ,if1 based on the extent to which non-,federal parties are expected to use the ,,mr,i ,system1 a non-,federal contribution to the ,,mr,i ,system is determined by the parties described in paragraph 7#a7 to be appropriate1 the ,secretary shall initiate negotiations for an agreement regarding the means by which the contributions shall be provided4 7g7 ,ownership by tribe ,title to the ,,mr,i ,system and all facilities rehabilitated or constructed under this section shall be held by the ,tribe4 7h7 ,administration ,the ,commissioner of ,reclamation and the ,tribe shall negotiate the cost of any oversight activity carried out by the ,bureau of ,reclamation under any agreement entered into under this section1 subject to the condition that the total cost for the oversight shall not exceed #d percent of the total costs incurred under this section4 7i7 ,,om,r costs ,the ,federal ,government shall have no obligation to pay for the operation1 maintenance1 or replacement costs for any facility rehabilitated or constructed under this section4 7j7 ,project efficiencies ,if the total cost of planning1 design1 and construction activities relating to the projects described in this section results in cost savings and is less than the amounts authorized to be obligated1 the ,secretary1 at the request of the ,tribe1 may-- 7#a7 use those cost savings to carry out a project described in section #ijjg7;d71 #ijaj1 #ijaa7;a71 #ijab1 or #ijac2 or 7#b7 deposit those cost savings to the ,blackfeet ,,om,r ,trust ,account4 7k7 ,applicability of ,,isdeaa ,at the request of the ,tribe1 and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into #a or more agreements with the ,tribe to carry out this section4 #ijab4 ,design and construction of water storage and irrigation facilities 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner of ,reclamation1 shall plan1 design1 and construct #a or more facilities to store water and support irrigation on the ,reservation in accordance with #a or more agreements between the ,secretary and the ,tribe4 7b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activity to design and construct the irrigation development and water storage facilities described in subsection 7c74 7c7 ,scope 7#a7 ,in general ,the scope of the design and construction under this section shall be as generally described in the document entitled ,blackfeet ,water ,storage1 ,development1 and ,project ,report1 prepared by ,,dowl ,,hkm1 and dated ,march #ac1 #bjac1 as modified and agreed to by the ,secretary and the ,tribe1 subject to the condition that1 before commencing final design and construction activities1 the ,secretary shall-- 7,a7 review the design of the proposed construction2 7,b7 perform value engineering analyses2 and 7,c7 perform appropriate ,federal compliance activities4 7#b7 ,modification ,the ,secretary may modify the scope of construction for the projects described in the document referred to in paragraph 7#a71 if-- 7,a7 the modified project is-- 7i7 similar in purpose to the proposed projects2 and 7ii7 consistent with the purposes of this title2 and 7,b7 the ,secretary has consulted with the ,tribe regarding any modification4 7#c7 ,negotiation with tribe ,on the basis of the review described in paragraph 7#a77;,a71 the ,secretary shall negotiate with the ,tribe appropriate changes1 if any1 to the final design-- 7,a7 to ensure that the final design meets applicable industry standards2 7,b7 to improve the cost-effectiveness of any construction2 and 7,c7 to ensure that the projects may be constructed using only the amounts made available under section #ijah4 7d7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7e7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #hg1cjj1jjj4 7f7 ,ownership by tribe ,title to all facilities rehabilitated or constructed under this section shall be held by the ,tribe1 except that title to the ,birch ,creek ,unit of the ,blackfeet ,indian ,irrigation ,project shall remain with the ,bureau of ,indian ,affairs4 7g7 ,administration ,the ,commissioner of ,reclamation and the ,tribe shall negotiate the cost of any oversight activity carried out by the ,bureau of ,reclamation under any agreement entered into under this section1 subject to the condition that the total cost for the oversight shall not exceed #d percent of the total costs incurred under this section4 7h7 ,,om,r costs ,the ,federal ,government shall have no obligation to pay for the operation1 maintenance1 or replacement costs for the facilities rehabilitated or constructed under this section4 7i7 ,project efficiencies ,if the total cost of planning1 design1 and construction activities relating to the projects described in this section results in cost savings and is less than the amounts authorized to be obligated1 the ,secretary1 at the request of the ,tribe1 may-- 7#a7 use those cost savings to carry out a project described in section #ijjg7;d71 #ijaj1 #ijaa1 or #ijac2 or 7#b7 deposit those cost savings to the ,blackfeet ,,om,r ,trust ,account4 7j7 ,applicability of ,,isdeaa ,at the request of the ,tribe1 and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into #a or more agreements with the ,tribe to carry out this section4 #ijac4 ,blackfeet water1 storage1 and development projects 7a7 ,in general 7#a7 ,scope ,the scope of the construction under this section shall be as generally described in the document entitled ,blackfeet ,water ,storage1 ,development1 and ,project ,report1 prepared by ,,dowl ,,hkm1 and dated ,march #ac1 #bjac1 as modified and agreed to by the ,secretary and the ,tribe4 7#b7 ,modification ,the ,tribe may modify the scope of the projects described in the document referred to in paragraph 7#a7 if-- 7,a7 the modified project is-- 7i7 similar to the proposed project2 and 7ii7 consistent with the purposes of this title2 and 7,b7 the modification is approved by the ,secretary4 7b7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7c7 ,funding ,the total amount of obligations incurred by the ,secretary in carrying out this section shall not exceed #ia1jjj1jjj4 7d7 ,,om,r costs ,the ,federal ,government shall have no obligation to pay for the operation1 maintenance1 or replacement costs for the facilities rehabilitated or constructed under this section4 7e7 ,ownership by tribe ,title to any facility constructed under this section shall be held by the ,tribe4 #ijad4 ,easements and rights-of-way 7a7 ,tribal easements and rights-of-,way 7#a7 ,in general ,on request of the ,secretary1 the ,tribe shall grant1 at no cost to the ,united ,states1 such easements and rights-of-way over tribal land as are necessary for the construction of the projects authorized by sections #ijaj and #ijaa4 7#b7 ,jurisdiction ,an easement or right-of-way granted by the ,tribe pursuant to paragraph 7#a7 shall not affect in any respect the civil or criminal jurisdiction of the ,tribe over the easement or right-of-way4 7b7 ,landowner easements and rights-of-,way ,in partial consideration for the construction activities authorized by section #ijaa1 and as a condition of receiving service from the ,,mr,i ,system1 a landowner shall grant1 at no cost to the ,united ,states or the ,tribe1 such easements and rights-of-way over the land of the landowner as may be necessary for the construction of the ,,mr,i ,system4 7c7 ,land acquired by united states or tribe ,any land acquired within the boundaries of the ,reservation by the ,united ,states on behalf of the ,tribe1 or by the ,tribe on behalf of the ,tribe1 in connection with achieving the purposes of this title shall be held in trust by the ,united ,states for the benefit of the ,tribe4 #ijae4 ,tribal water rights 7a7 ,confirmation of tribal water rights 7#a7 ,in general ,the ,tribal water rights are ratified1 confirmed1 and declared to be valid4 7#b7 ,use ,any use of the ,tribal water rights shall be subject to the terms and conditions of the ,compact and this title4 7#c7 ,conflict ,in the event of a conflict between the ,compact and this title1 the provisions of this title shall control4 7b7 ,intent of congress ,it is the intent of ,congress to provide to each allottee benefits that are equivalent to1 or exceed1 the benefits the allottees possess on the day before the date of enactment of this title1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,compact and this title2 7#b7 the availability of funding under this title and from other sources2 7#c7 the availability of water from the ,tribal water rights2 and 7#d7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 and this title to protect the interests of allottees4 7c7 ,trust status of tribal water rights ,the ,tribal water rights-- 7#a7 shall be held in trust by the ,united ,states for the use and benefit of the ,tribe and the allottees in accordance with this title2 and 7#b7 shall not be subject to forfeiture or abandonment4 7d7 ,allottees 7#a7 ,applicability of act of ,february #h1 #ahhg ,the provisions of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 relating to the use of water for irrigation purposes shall apply to the ,tribal water rights4 7#b7 ,entitlement to water ,any entitlement to water of an allottee under ,federal law shall be satisfied from the ,tribal water rights4 7#c7 ,allocations ,an allottee shall be entitled to a just and equitable allocation of water for irrigation purposes4 7#d7 ,claims 7,a7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law1 an allottee shall exhaust remedies available under the tribal water code or other applicable tribal law4 7,b7 ,action for relief ,after the exhaustion of all remedies available under the tribal water code or other applicable tribal law1 an allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law4 7#e7 ,authority of secretary ,the ,secretary shall have the authority to protect the rights of allottees in accordance with this section4 7e7 ,authority of tribe 7#a7 ,in general ,the ,tribe shall have the authority to allocate1 distribute1 and lease the ,tribal water rights for any use on the ,reservation in accordance with the ,compact1 this title1 and applicable ,federal law4 7#b7 ,off-reservation use ,the ,tribe may allocate1 distribute1 and lease the ,tribal water rights for off-,reservation use in accordance with the ,compact1 subject to the approval of the ,secretary4 7#c7 ,land leases by allottees ,notwithstanding paragraph 7#a71 an allottee may lease any interest in land held by the allottee1 together with any water right determined to be appurtenant to the interest in land1 in accordance with the tribal water code4 7f7 ,tribal water code 7#a7 ,in general ,notwithstanding article ,,iv4,c4#a of the ,compact1 not later than #d years after the date on which the ,tribe ratifies the ,compact in accordance with this title1 the ,tribe shall enact a tribal water code that provides for-- 7,a7 the management1 regulation1 and governance of all uses of the ,tribal water rights in accordance with the ,compact and this title2 and 7,b7 establishment by the ,tribe of conditions1 permit requirements1 and other requirements for the allocation1 distribution1 or use of the ,tribal water rights in accordance with the ,compact and this title4 7#b7 ,inclusions ,subject to the approval of the ,secretary1 the tribal water code shall provide-- 7,a7 that use of water by allottees shall be satisfied with water from the ,tribal water rights2 7,b7 a process by which an allottee may request that the ,tribe provide water for irrigation use in accordance with this title1 including the provision of water under any allottee lease under section #d of the ,act of ,june #be1 #aiaj 7#be ,u4,s4,c4 #djc72 7,c7 a due process system for the consideration and determination by the ,tribe of any request by an allottee 7or a successor in interest to an allottee7 for an allocation of water for irrigation purposes on allotted land1 including a process for-- 7i7 appeal and adjudication of any denied or disputed distribution of water2 and 7ii7 resolution of any contested administrative decision2 and 7,d7 a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the tribal water code1 or to the quantity of water allocated to land of the allottee1 shall exhaust all remedies available to the allottee under tribal law before initiating an action against the ,united ,states or petitioning the ,secretary pursuant to subsection 7d77#d77;,b74 7#c7 ,action by secretary 7,a7 ,in general ,during the period beginning on the date of enactment of this title and ending on the date on which a tribal water code described in paragraphs 7#a7 and 7#b7 is enacted1 the ,secretary shall administer1 with respect to the rights of allottees1 the ,tribal water rights in accordance with this title4 7,b7 ,approval ,the tribal water code described in paragraphs 7#a7 and 7#b7 shall not be valid unless-- 7i7 the provisions of the tribal water code required by paragraph 7#b7 are approved by the ,secretary2 and 7ii7 each amendment to the tribal water code that affects a right of an allottee is approved by the ,secretary4 7,c7 ,approval period 7i7 ,in general ,the ,secretary shall approve or disapprove the tribal water code or an amendment to the tribal water code not later than #ahj days after the date on which the tribal water code or amendment is submitted to the ,secretary4 7ii7 ,extension ,the deadline described in clause 7i7 may be extended by the ,secretary after consultation with the ,tribe4 7g7 ,administration 7#a7 ,no alienation ,the ,tribe shall not permanently alienate any portion of the ,tribal water rights4 7#b7 ,purchases or grants of land from ,indians ,an authorization provided by this title for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this title shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 7#c7 ,prohibition on forfeiture ,the non-use of all or any portion of the ,tribal water rights by a lessee or contractor shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all or any portion of the ,tribal water rights4 7h7 ,effect ,except as otherwise expressly provided in this section1 nothing in this title-- 7#a7 authorizes any action by an allottee against any individual or entity1 or against the ,tribe1 under ,federal1 ,state1 tribal1 or local law2 or 7#b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 #ijaf4 ,blackfeet settlement trust fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund1 to be known as the ,blackfeet ,settlement ,trust ,fund 7referred to in this section as the ,trust ,fund71 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following accounts3 7#a7 ,the ,administration and ,energy ,account4 7#b7 ,the ,,om,r ,account4 7#c7 ,the ,st4 ,mary ,account4 7#d7 ,the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund-- 7#a7 in the ,administration and ,energy ,account1 the amount made available pursuant to section #ijah7;a77#a77;,a72 7#b7 in the ,,om,r ,account1 the amount made available pursuant to section #ijah7;a77#a77;,b72 7#c7 in the ,st4 ,mary ,account1 the amount made available pursuant to section #ijah7;a77#a77;,c72 and 7#d7 in the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account1 the amount made available pursuant to section #ijah7;a77#a77;,d74 7d7 ,interest ,in addition to the deposits under subsection 7c71 any interest credited to amounts unexpended in the ,trust ,fund are authorized to be appropriated to be used in accordance with the uses described in subsection 7i74 7e7 ,management ,the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7#a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7#b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7#c7 this section4 7f7 ,availability of amounts 7#a7 ,in general ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 shall be made available to the ,tribe by the ,secretary beginning on the enforceability date4 7#b7 ,funding for tribal implementation activities ,notwithstanding paragraph 7#a71 on approval pursuant to this title and the ,compact by a referendum vote of a majority of votes cast by members of the ,tribe on the day of the vote1 as certified by the ,secretary and the ,tribe and subject to the availability of appropriations1 of the amounts in the ,administration and ,energy ,account1 #d1hjj1jjj shall be made available to the ,tribe for the implementation of this title4 7g7 ,withdrawals under ,,aifrmra 7#a7 ,in general ,the ,tribe may withdraw any portion of the funds in the ,trust ,fund on approval by the ,secretary of a tribal management plan submitted by the ,tribe in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7#b7 ,requirements 7,a7 ,in general ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the tribal management plan under paragraph 7#a7 shall require that the ,tribe shall spend all amounts withdrawn from the ,trust ,fund in accordance with this title4 7,b7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the ,tribe from the ,trust ,fund under this subsection are used in accordance with this title4 7h7 ,withdrawals under expenditure plan 7#a7 ,in general ,the ,tribe may submit to the ,secretary a request to withdraw funds from the ,trust ,fund pursuant to an approved expenditure plan4 7#b7 ,requirements ,to be eligible to withdraw funds under an expenditure plan under paragraph 7#a71 the ,tribe shall submit to the ,secretary for approval an expenditure plan for any portion of the ,trust ,fund that the ,tribe elects to withdraw pursuant to this subsection1 subject to the condition that the funds shall be used for the purposes described in this title4 7#c7 ,inclusions ,an expenditure plan under this subsection shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,trust ,fund will be used by the ,tribe1 in accordance with subsection 7h74 7#d7 ,approval ,on receipt of an expenditure plan under this subsection1 the ,secretary shall approve the plan1 if the ,secretary determines that the plan-- 7,a7 is reasonable2 and 7,b7 is consistent with1 and will be used for1 the purposes of this title4 7#e7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this title4 7i7 ,uses ,amounts from the ,trust ,fund shall be used by the ,tribe for the following purposes3 7#a7 ,the ,administration and ,energy ,account shall be used for administration of the ,tribal water rights and energy development projects under this title and the ,compact4 7#b7 ,the ,,om,r ,account shall be used to assist the ,tribe in paying ,,om,r costs4 7#c7 ,the ,st4 ,mary ,account shall be distributed pursuant to an expenditure plan approved under subsection 7g71 subject to the conditions that-- 7,a7 during the period for which the amount is available and held by the ,secretary1 #ejj1jjj shall be distributed to the ,tribe annually as compensation for the deferral of the ,st4 ,mary water right2 and 7,b7 any additional amounts deposited in the account may be withdrawn and used by the ,tribe to pay ,,om,r costs or other expenses for #a or more projects to benefit the ,tribe1 as approved by the ,secretary1 subject to the requirement that the ,secretary shall not approve an expenditure plan under this paragraph unless the ,tribe provides a resolution of the tribal council-- 7i7 approving the withdrawal of the funds from the account2 and 7ii7 acknowledging that the ,secretary will not be able to distribute funds under subparagraph 7,a7 indefinitely if the principal funds in the account are reduced4 7#d7 ,the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account shall be used to carry out section #ijac4 7j7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,tribe under subsection 7f7 or 7g74 7k7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,tribe4 7l7 ,deposit of funds ,on request by the ,tribe1 the ,secretary may deposit amounts from an account described in paragraph 7#a71 7#b71 or 7#d7 of subsection 7b7 to any other account the ,secretary determines to be appropriate4 #ijag4 ,blackfeet water settlement implementation fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a nontrust1 interest-bearing account1 to be known as the ,blackfeet ,water ,settlement ,implementation ,fund 7referred to in this section as the ,implementation ,fund71 to be managed and distributed by the ,secretary1 for use by the ,secretary for carrying out this title4 7b7 ,accounts ,the ,secretary shall establish in the ,implementation ,fund the following accounts3 7#a7 ,the ,,mr,i ,system1 ,irrigation1 and ,water ,storage ,account4 7#b7 ,the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account4 7#c7 ,the ,st4 ,mary_/,milk ,water ,management and ,activities ,fund4 7c7 ,deposits ,the ,secretary shall deposit in the ,implementation ,fund-- 7#a7 in the ,,mr,i ,system1 ,irrigation1 and ,water ,storage ,account1 the amount made available pursuant to section #ijah7;a77#b77;,a72 7#b7 in the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account1 the amount made available pursuant to section #ijah7;a77#b77;,b72 and 7#c7 in the ,st4 ,mary_/,milk ,water ,management and ,activities ,fund1 the amount made available pursuant to section #ijah7;a77#b77;,c74 7d7 ,interest ,in addition to the deposits under subsection 7c71 any interest credited to amounts unexpended in the ,implementation ,fund are authorized to be appropriated to be used in accordance with the uses described in subsection 7e74 7e7 ,uses 7#a7 ,,mr,i system1 irrigation1 and water storage account ,the ,,mr,i ,system1 ,irrigation1 and ,water ,storage ,account shall be used to carry out sections #ijaa and #ijab4 7#b7 ,blackfeet irrigation project deferred maintenance and four horns dam safety improvements account ,the ,blackfeet ,irrigation ,project ,deferred ,maintenance and ,four ,horns ,dam ,safety ,improvements ,account shall be used to carry out section #ijaj4 7#c7 ,st4 mary_/milk water management and activities account ,the ,st4 ,mary_/,milk ,water ,management and ,activities ,account shall be used to carry out sections #ijje and #ijjg4 7f7 ,management ,amounts in the ,implementation ,fund shall not be available to the ,secretary for expenditure until the enforceability date4 #ijah4 ,authorization of appropriations 7a7 ,in general ,subject to subsection 7b71 there are authorized to be appropriated to the ,secretary-- 7#a7 as adjusted on appropriation to reflect changes since ,april #bjaj in the ,consumer ,price ,index for ,all ,urban ,consumers ,west ,urban #ej1jjj to #a1ejj1jjj index for the amount appropriated-- 7,a7 for deposit in the ,administration and ,energy ,account of the ,blackfeet ,settlement ,trust ,fund established under section #ijaf7;b77#a71 #bh1ijj1jjj2 7,b7 for deposit in the ,,om,r ,account of the ,blackfeet ,settlement ,trust ,fund established under section #ijaf7;b77#b71 #bg1gfj1jjj2 7,c7 for deposit in the ,st4 ,mary ,account of the ,blackfeet ,settlement ,trust ,fund established under section #ijaf7;b77#c71 #bg1hjj1jjj2 7,d7 for deposit in the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account of the ,blackfeet ,settlement ,trust ,fund established under section #ijaf7;b77#d71 #ia1jjj1jjj2 and 7,e7 such sums not to exceed the amount of interest credited to the unexpended amounts of the ,blackfeet ,settlement ,trust ,fund2 and 7#b7 as adjusted annually to reflect changes since ,april #bjaj in the ,bureau of ,reclamation ,construction ,cost ,trends ,index applicable to the types of construction involved-- 7,a7 for deposit in the ,,mr,i ,system1 ,irrigation1 and ,water ,storage ,account of the ,blackfeet ,water ,settlement ,implementation ,fund established under section #ijag7;b77#a71 #afc1ejj1jjj2 7,b7 for deposit in the ,blackfeet ,irrigation ,project ,deferred ,maintenance1 ,four ,horns ,dam ,safety1 and ,rehabilitation and ,enhancement of the ,four ,horns ,feeder ,canal1 ,dam1 and ,reservoir ,improvements ,account of the ,blackfeet ,water ,settlement ,implementation ,fund established under section #ijag7;b77#b71 #ed1ijj1jjj1 of which-- 7i7 #dj1ijj1jjj shall be made available for activities and projects under section #ijaj7;c72 and 7ii7 #ad1jjj1jjj shall be made available for activities and projects under section #ijaj7;d77#b72 7,c7 for deposit in the ,st4 ,mary_/,milk ,water ,management and ,activities ,account of the ,blackfeet ,water ,settlement ,implementation ,fund established under section #ijag7;b77#c71 #bh1ajj1jjj1 of which-- 7i7 #bg1fjj1jjj shall be allocated in accordance with section #ijjg7;g72 and 7ii7 #ejj1jjj shall be used to carry out section #ijje2 and 7,d7 such sums not to exceed the amount of interest credited to the unexpended amounts of the ,blackfeet ,water ,settlement ,implementation ,fund4 7b7 ,adjustments 7#a7 ,in general ,the adjustment of the amounts authorized to be appropriated pursuant to subsection 7a77#a7 shall occur each time an amount is appropriated for an account and shall add to1 or subtract from1 as applicable1 the total amount authorized4 7#b7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7#c7 ,treatment ,the amount of an adjustment may be considered-- 7,a7 to be authorized as of the date on which congressional action occurs2 and 7,b7 in determining the amount authorized to be appropriated4 #ijai4 ,water rights in ,lewis and ,clark ,national ,forest and ,glacier ,national ,park ,the instream flow water rights of the ,tribe on land within the ,lewis and ,clark ,national ,forest and ,glacier ,national ,park-- 7#a7 are confirmed2 and 7#b7 shall be as described in the document entitled ,stipulation to ,address ,claims by and for the ,benefit of the ,blackfeet ,indian ,tribe to ,water ,rights in the ,lewis ,clark ,national ,forest and ,glacier ,national ,park1 and as finally decreed by the ,montana ,water ,court1 or1 if the ,montana ,water ,court is found to lack jurisdiction1 by the ,united ,states district court with jurisdiction4 #ijbj4 ,waivers and releases of claims 7a7 ,in general 7#a7 ,waiver and release of claims by tribe and united states as trustee for tribe ,subject to the reservation of rights and retention of claims under subsection 7d71 as consideration for recognition of the ,tribal water rights and other benefits as described in the ,compact and this title1 the ,tribe1 acting on behalf of the ,tribe and members of the ,tribe 7but not any member of the ,tribe as an allottee71 and the ,united ,states1 acting as trustee for the ,tribe and the members of the ,tribe 7but not any member of the ,tribe as an allottee71 shall execute a waiver and release of all claims for water rights within the ,state that the ,tribe1 or the ,united ,states acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that such rights are recognized in the ,compact and this title4 7#b7 ,waiver and release of claims by united states as trustee for allottees ,subject to the reservation of rights and the retention of claims under subsection 7d71 as consideration for recognition of the ,tribal water rights and other benefits as described in the ,compact and this title1 the ,united ,states1 acting as trustee for allottees1 shall execute a waiver and release of all claims for water rights within the ,reservation that the ,united ,states1 acting as trustee for the allottees1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that such rights are recognized in the ,compact and this title4 7#c7 ,waiver and release of claims by tribe against united states ,subject to the reservation of rights and retention of claims under subsection 7d71 the ,tribe1 acting on behalf of the ,tribe and members of the ,tribe 7but not any member of the ,tribe as an allottee71 shall execute a waiver and release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7-- 7,a7 relating to-- 7i7 water rights within the ,state that the ,united ,states1 acting as trustee for the ,tribe1 asserted or could have asserted in any proceeding1 including a stream adjudication in the ,state1 except to the extent that such rights are recognized as ,tribal water rights under this title2 7ii7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion1 or taking of water1 or claims relating to failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,state that first accrued at any time on or before the enforceability date2 7iii7 a failure to establish or provide a municipal rural or industrial water delivery system on the ,reservation2 7iv7 a failure to provide for operation or maintenance1 or deferred maintenance1 for the ,blackfeet ,irrigation ,project or any other irrigation system or irrigation project on the ,reservation2 7v7 the litigation of claims relating to the water rights of the ,tribe in the ,state2 and 7vi7 the negotiation1 execution1 or adoption of the ,compact 7including exhibits7 or this title2 7,b7 reserved in subsections 7b7 through 7d7 of section #f of the settlement for the case styled ,blackfeet ,tribe v4 ,united ,states1 ,no4 #jb-abg,l 7,fed4 ,cl4 #bjab72 and 7,c7 that first accrued at any time on or before the enforceability date-- 7i7 arising from the taking or acquisition of the land of the ,tribe or resources for the construction of the features of the ,st4 ,mary ,unit of the ,milk ,river ,project2 7ii7 relating to the construction1 operation1 and maintenance of the ,st4 ,mary ,unit of the ,milk ,river ,project1 including ,sherburne ,dam1 ,st4 ,mary ,diversion ,dam1 ,st4 ,mary ,canal and associated infrastructure1 and the management of flows in ,swiftcurrent ,creek1 including the diversion of ,swiftcurrent ,creek into ,lower ,st4 ,mary ,lake2 7iii7 relating to the construction1 operation1 and management of ,lower ,two ,medicine ,dam and ,reservoir and ,four ,horns ,dam and ,reservoir1 including any claim relating to the failure to provide dam safety improvements for ,four ,horns ,reservoir2 or 7iv7 relating to the allocation of waters of the ,milk ,river and ,st4 ,mary ,river 7including tributaries7 between the ,united ,states and ,canada pursuant to the ,international ,boundary ,waters ,treaty of #aiji 7#cf ,stat4 #bddh74 7b7 ,effectiveness ,the waivers and releases under subsection 7a7 shall take effect on the enforceability date4 7c7 ,withdrawal of objections ,the ,tribe shall withdraw all objections to the water rights claims filed by the ,united ,states for the benefit of the ,milk ,river ,project1 except objections to those claims consolidated for adjudication within ,basin #dj;,j1 within #ad days of the certification under subsection 7f77#e7 that the ,tribal membership has approved the ,compact and this title4 7#a7 ,prior to withdrawal of the objections1 the ,tribe may seek leave of the ,montana ,water ,court for a right to reinstate the objections in the event the conditions of enforceability in paragraphs 7#a7 through 7#h7 of subsection 7f7 are not satisfied by the date of expiration described in section #ijbc of this title4 7#b7 ,if the conditions of enforceability in paragraphs 7#a7 through 7#h7 of subsection 7f7 are satisfied1 and any authority the ,montana ,water ,court may have granted the ,tribe to reinstate objections described in this section has not yet expired1 the ,tribe shall notify the ,montana ,water ,court and the ,united ,states in writing that it will not exercise any such authority4 7d7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsection 7a71 the ,tribe1 acting on behalf of the ,tribe and members of the ,tribe1 and the ,united ,states1 acting as trustee for the ,tribe and allottees1 shall retain-- 7#a7 all claims relating to-- 7,a7 enforcement of1 or claims accruing after the enforceability date relating to water rights recognized under1 the ,compact1 any final decree1 or this title2 7,b7 activities affecting the quality of water1 including any claim under-- 7i7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including damages to natural resources2 7ii7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7iii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7iv7 any regulations implementing the ,acts described in clauses 7i7 through 7iii72 or 7,c7 damage1 loss1 or injury to land or natural resources that are not due to loss of water or water rights 7including hunting1 fishing1 gathering1 or cultural rights72 7#b7 all rights to use and protect water rights acquired after the date of enactment of this title2 and 7#c7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this title or the ,compact4 7e7 ,effect of compact and act ,nothing in the ,compact or this title-- 7#a7 affects the ability of the ,united ,states1 acting as a sovereign1 to take any action authorized by law 7including any law relating to health1 safety1 or the environment71 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#b7 affects the ability of the ,united ,states to act as trustee for any other ,indian tribe or allottee of any other ,indian tribe2 7#c7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law regarding health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party pursuant to a ,federal law regarding health1 safety1 or the environment2 or 7,c7 to conduct judicial review of a ,federal agency action2 7#d7 waives any claim of a member of the ,tribe in an individual capacity that does not derive from a right of the ,tribe2 7#e7 revives any claim waived by the ,tribe in the case styled ,blackfeet ,tribe v4 ,united ,states1 ,no4 #jb-abg,l 7,fed4 ,cl4 #bjab72 or 7#f7 revives any claim released by an allottee or a tribal member in the settlement for the case styled ,cobell v4 ,salazar1 ,no4 #a3if;,,cv#jabhe-;,,jr 7,d4,d4,c4 #bjab74 7f7 ,enforceability date ,the enforceability date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 7,a7 the ,montana ,water ,court has approved the ,compact1 and that decision has become final and nonappealable2 or 7,b7 if the ,montana ,water ,court is found to lack jurisdiction1 the appropriate ,united ,states district court has approved the ,compact1 and that decision has become final and nonappealable2 7#b7 all amounts authorized under section #ijah7;a7 have been appropriated2 7#c7 the agreements required by sections #ijjf7;c71 #ijjg7;f71 and #ijji7;c7 have been executed2 7#d7 the ,state has appropriated and paid into an interest-bearing escrow account any payments due as of the date of enactment of this title to the ,tribe under the ,compact1 the ,birch ,creek ,agreement1 and this title2 7#e7 the members of the ,tribe have voted to approve this title and the ,compact by a majority of votes cast on the day of the vote1 as certified by the ,secretary and the ,tribe2 7#f7 the ,secretary has fulfilled the requirements of section #ijji7;a72 7#g7 the agreement or terms and conditions referred to in section #ijje are executed and final2 and 7#h7 the waivers and releases described in subsection 7a7 have been executed by the ,tribe and the ,secretary4 7g7 ,tolling of claims 7#a7 ,in general ,each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled during the period beginning on the date of enactment of this title and ending on the date on which the amounts made available to carry out this title are transferred to the ,secretary4 7#b7 ,effect of subsection ,nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this title4 7h7 ,expiration ,if all appropriations authorized by this title have not been made available to the ,secretary by ,january #ba1 #bjbf1 the waivers and releases described in this section shall-- 7#a7 expire2 and 7#b7 have no further force or effect4 7i7 ,voiding of waivers ,if the waivers and releases described in this section are void under subsection 7h7-- 7#a7 the approval of the ,united ,states of the ,compact under section #ijjd shall no longer be effective2 7#b7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this title1 together with any interest earned on those funds1 and any water rights or contracts to use water and title to other property acquired or constructed with ,federal funds appropriated or made available to carry out the activities authorized under this title shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,tribe and the ,united ,states and approved by ,congress2 and 7#c7 except for ,federal funds used to acquire or develop property that is returned to the ,federal ,government under paragraph 7#b71 the ,united ,states shall be entitled to offset any ,federal funds appropriated or made available to carry out the activities authorized under this title that were expended or withdrawn1 together with any interest accrued1 against any claims against the ,united ,states relating to water rights in the ,state asserted by the ,tribe or any user of the ,tribal water rights or in any future settlement of the water rights of the ,tribe or an allottee4 #ijba4 ,satisfaction of claims 7a7 ,tribal claims ,the benefits realized by the ,tribe under this title shall be in complete replacement of1 complete substitution for1 and full satisfaction of all-- 7#a7 claims of the ,tribe against the ,united ,states waived and released pursuant to section #ijbj7;a72 and 7#b7 objections withdrawn pursuant to section #ijbj7;c74 7b7 ,allottee claims ,the benefits realized by the allottees under this title shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7#a7 all claims waived and released pursuant to section #ijbj7;a77#b72 and 7#b7 any claim of an allottee against the ,united ,states similar in nature to a claim described in section #ijbj7;a77#b7 that the allottee asserted or could have asserted4 #ijbb4 ,miscellaneous provisions 7a7 ,waiver of sovereign immunity ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff71 nothing in this title waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this title quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of an ,indian tribe1 band1 or community other than the ,tribe4 7c7 ,limitation on claims for reimbursement ,with respect to any ,indian-owned land located within the ,reservation-- 7#a7 the ,united ,states shall not submit against that land any claim for reimbursement of the cost to the ,united ,states of carrying out this title or the ,compact2 and 7#b7 no assessment of that land shall be made regarding that cost4 7d7 ,limitation on liability of united states 7#a7 ,in general ,the ,united ,states has no obligation-- 7,a7 to monitor1 administer1 or account for1 in any manner1 any funds provided to the ,tribe by the ,state2 or 7,b7 to review or approve any expenditure of those funds4 7#b7 ,indemnity ,the ,tribe shall indemnify the ,united ,states1 and hold the ,united ,states harmless1 with respect to all claims 7including claims for takings or breach of trust7 arising from the receipt or expenditure of amounts described in the subsection4 7e7 ,effect on current law ,nothing in this section affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this title with respect to preenforcement review of any ,federal environmental enforcement action4 7f7 ,effect on reclamation laws ,the activities carried out by the ,commissioner of ,reclamation under this title shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws1 including-- 7#a7 the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq472 and 7#b7 the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #iia74 7g7 ,irrigation efficiency in upper birch creek drainage ,any activity carried out by the ,tribe in the ,upper ,birch ,creek ,drainage 7as defined in article ,,ii4#ej of the ,compact7 using funds made available to carry out this title shall achieve an irrigation efficiency of not less than #ej percent4 7h7 ,birch creek agreement approval ,the ,birch ,creek ,agreement is approved to the extent that the ,birch ,creek ,agreement requires approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 7i7 ,limitation on effect ,nothing in this title or the ,compact-- 7#a7 makes an allocation or apportionment of water between or among ,states2 or 7#b7 addresses or implies whether1 how1 or to what extent the ,tribal water rights1 or any portion of the ,tribal water rights1 should be accounted for as part of1 or otherwise charged against1 an allocation or apportionment of water made to a ,state in an interstate allocation or apportionment4 #ijbc4 ,expiration on failure to meet enforceability date ,if the ,secretary fails to publish a statement of findings under section #ijbj7;f7 by not later than ,january #ba1 #bjbe1 or such alternative later date as is agreed to by the ,tribe and the ,secretary1 after reasonable notice to the ,state1 as applicable-- 7#a7 this title expires effective on the later of-- 7,a7 ,january #bb1 #bjbe2 and 7,b7 the day after such alternative later date as is agreed to by the ,tribe and the ,secretary2 7#b7 any action taken by the ,secretary and any contract or agreement entered into pursuant to this title shall be void2 7#c7 any amounts made available under section #ijah1 together with any interest on those amounts1 that remain unexpended shall immediately revert to the general fund of the ,treasury1 except for any funds made available under section #ijaf7;e77#b7 if the ,montana ,water ,court denies the ,tribe's request to reinstate the objections in section #ijbj7;c72 and 7#d7 the ,united ,states shall be entitled to offset against any claims asserted by the ,tribe against the ,united ,states relating to water rights-- 7,a7 any funds expended or withdrawn from the amounts made available pursuant to this title2 and 7,b7 any funds made available to carry out the activities authorized by this title from other authorized sources1 except for any funds provided under section #ijaf7;e77#b7 if the ,montana ,water court denies the ,tribe's request to reinstate the objections in section #ijbj7;c74 #ijbd4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this title 7including any obligation or activity under the ,compact7 if-- 7#a7 adequate appropriations are not provided expressly by ,congress to carry out the purposes of this title2 or 7#b7 there are not enough monies available to carry out the purposes of this title in the ,reclamation ,water ,settlements ,fund established under section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a774 ,passed the ,senate ,september #ae1 #bjaf4,secretary