#aadth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #h1 #bjaf ,,amendment3 ,that the bill from the ,senate 7,s4 #fab7 entitled ,an ,act to designate the ,federal building and ,united ,states courthouse located at #acjj ,victoria ,street in ,laredo1 ,texas1 as the ,george ,p4 ,kazen ,federal ,building and ,united ,states ,courthouse41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water ,infrastructure ,improvements for the ,nation ,act or the ,,wiin ,act4 7b7 ,table of contents ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,water ,resources ,development ,sec4 #ajja4 ,short title4 ,sec4 #ajjb4 ,secretary defined4 ,subtitle ,a--,general ,provisions ,sec4 #aaja4 ,youth service and conservation corps organizations4 ,sec4 #aajb4 ,navigation safety4 ,sec4 #aajc4 ,emerging harbors4 ,sec4 #aajd4 ,federal breakwaters and jetties4 ,sec4 #aaje4 ,remote and subsistence harbors4 ,sec4 #aajf4 ,alternative projects to maintenance dredging4 ,sec4 #aajg4 ,great ,lakes ,navigation ,system4 ,sec4 #aajh4 ,funding for harbor maintenance programs4 ,sec4 #aaji4 ,maintenance of harbors of refuge4 ,sec4 #aaaj4 ,donor ports and energy transfer ports4 ,sec4 #aaaa4 ,harbor deepening4 ,sec4 #aaab4 ,implementation guidance4 ,sec4 #aaac4 ,non-,federal interest dredging authority4 ,sec4 #aaad4 ,transportation cost savings4 ,sec4 #aaae4 ,reservoir sediment4 ,sec4 #aaaf4 ,water supply conservation4 ,sec4 #aaag4 ,drought emergencies4 ,sec4 #aaah4 ,leveraging ,federal infrastructure for increased water supply4 ,sec4 #aaai4 ,indian tribes4 ,sec4 #aabj4 ,tribal consultation reports4 ,sec4 #aaba4 ,tribal partnership program4 ,sec4 #aabb4 ,beneficial use of dredged material4 ,sec4 #aabc4 ,great ,lakes fishery and ecosystem restoration4 ,sec4 #aabd4 ,corps of ,engineers operation of unmanned aircraft systems4 ,sec4 #aabe4 ,funding to process permits4 ,sec4 #aabf4 ,study of water resources development projects by non-,federal interests4 ,sec4 #aabg4 ,non-,federal construction of authorized flood damage reduction projects4 ,sec4 #aabh4 ,multistate activities4 ,sec4 #aabi4 ,planning assistance to ,states4 ,sec4 #aacj4 ,regional participation assurance for levee safety activities4 ,sec4 #aaca4 ,participation of non-,federal interests4 ,sec4 #aacb4 ,post-authorization change reports4 ,sec4 #aacc4 ,maintenance dredging data4 ,sec4 #aacd4 ,electronic submission and tracking of permit applications4 ,sec4 #aace4 ,data transparency4 ,sec4 #aacf4 ,quality control4 ,sec4 #aacg4 ,report on purchase of foreign manufactured articles4 ,sec4 #aach4 ,international outreach program4 ,sec4 #aaci4 ,dam safety repair projects4 ,sec4 #aadj4 ,federal cost limitation for certain projects4 ,sec4 #aada4 ,lake ,kemp1 ,texas4 ,sec4 #aadb4 ,corrosion prevention4 ,sec4 #aadc4 ,sediment sources4 ,sec4 #aadd4 ,prioritization of certain projects4 ,sec4 #aade4 ,gulf ,coast oyster bed recovery assessment4 ,sec4 #aadf4 ,initiating work on separable elements4 ,sec4 #aadg4 ,lower ,bois d',arc ,creek ,reservoir ,project1 ,fannin ,county1 ,texas4 ,sec4 #aadh4 ,recreational access at ,corps of ,engineers reservoirs4 ,sec4 #aadi4 ,no wake zones in navigation channels4 ,sec4 #aaej4 ,ice jam prevention and mitigation4 ,sec4 #aaea4 ,structural health monitoring4 ,sec4 #aaeb4 ,kennewick ,man4 ,sec4 #aaec4 ,authority to accept and use materials and services4 ,sec4 #aaed4 ,munitions disposal4 ,sec4 #aaee4 ,management of recreation facilities4 ,sec4 #aaef4 ,structures and facilities constructed by ,secretary4 ,sec4 #aaeg4 ,project completion4 ,sec4 #aaeh4 ,new ,england ,district headquarters4 ,sec4 #aaei4 ,buffalo ,district headquarters4 ,sec4 #aafj4 ,future facility investment4 ,sec4 #aafa4 ,completion of ecosystem restoration projects4 ,sec4 #aafb4 ,fish and wildlife mitigation4 ,sec4 #aafc4 ,wetlands mitigation4 ,sec4 #aafd4 ,debris removal4 ,sec4 #aafe4 ,disposition studies4 ,sec4 #aaff4 ,transfer of excess credit4 ,sec4 #aafg4 ,hurricane and storm damage reduction4 ,sec4 #aafh4 ,fish hatcheries4 ,sec4 #aafi4 ,shore damage prevention or mitigation4 ,sec4 #aagj4 ,enhancing lake recreation opportunities4 ,sec4 #aaga4 ,credit in lieu of reimbursement4 ,sec4 #aagb4 ,easements for electric1 telephone1 or broadband service facilities4 ,sec4 #aagc4 ,study on performance of innovative materials4 ,sec4 #aagd4 ,conversion of surplus water agreements4 ,sec4 #aage4 ,projects funded by the ,inland ,waterways ,trust ,fund4 ,sec4 #aagf4 ,rehabilitation assistance4 ,sec4 #aagg4 ,rehabilitation of ,corps of ,engineers constructed dams4 ,sec4 #aagh4 ,columbia ,river4 ,sec4 #aagi4 ,missouri ,river4 ,sec4 #aahj4 ,chesapeake ,bay oyster restoration4 ,sec4 #aaha4 ,salton ,sea1 ,california4 ,sec4 #aahb4 ,adjustment4 ,sec4 #aahc4 ,coastal engineering4 ,sec4 #aahd4 ,consideration of measures4 ,sec4 #aahe4 ,table ,rock ,lake1 ,arkansas and ,missouri4 ,sec4 #aahf4 ,rural western water4 ,sec4 #aahg4 ,interstate compacts4 ,sec4 #aahh4 ,sense of ,congress4 ,sec4 #aahi4 ,dredged material disposal4 ,subtitle ,b--,studies ,sec4 #abja4 ,authorization of proposed feasibility studies4 ,sec4 #abjb4 ,additional studies4 ,sec4 #abjc4 ,north ,atlantic ,coastal ,region4 ,sec4 #abjd4 ,south ,atlantic coastal study4 ,sec4 #abje4 ,texas coastal area4 ,sec4 #abjf4 ,upper ,mississippi and ,illinois ,rivers4 ,sec4 #abjg4 ,kanawha ,river ,basin4 ,subtitle ,c--,deauthorizations1 ,modifications1 and ,related ,provisions ,sec4 #acja4 ,deauthorization of inactive projects4 ,sec4 #acjb4 ,backlog prevention4 ,sec4 #acjc4 ,valdez1 ,alaska4 ,sec4 #acjd4 ,los ,angeles ,county ,drainage ,area1 ,los ,angeles ,county1 ,california4 ,sec4 #acje4 ,sutter ,basin1 ,california4 ,sec4 #acjf4 ,essex ,river1 ,massachusetts4 ,sec4 #acjg4 ,port of ,cascade ,locks1 ,oregon4 ,sec4 #acjh4 ,central ,delaware ,river1 ,philadelphia1 ,pennsylvania4 ,sec4 #acji4 ,huntingdon ,county1 ,pennsylvania4 ,sec4 #acaj4 ,rivercenter1 ,philadelphia1 ,pennsylvania4 ,sec4 #acaa4 ,salt ,creek1 ,graham1 ,texas4 ,sec4 #acab4 ,texas ,city ,ship ,channel1 ,texas ,city1 ,texas4 ,sec4 #acac4 ,stonington ,harbour1 ,connecticut4 ,sec4 #acad4 ,red ,river below ,denison ,dam1 ,texas1 ,oklahoma1 ,arkansas1 and ,louisiana4 ,sec4 #acae4 ,green ,river and ,barren ,river1 ,kentucky4 ,sec4 #acaf4 ,hannibal ,small ,boat ,harbor1 ,hannibal1 ,missouri4 ,sec4 #acag4 ,land transfer and trust land for ,muscogee 7,creek7 ,nation4 ,sec4 #acah4 ,cameron ,county1 ,texas4 ,sec4 #acai4 ,new ,savannah ,bluff ,lock and ,dam1 ,georgia and ,south ,carolina4 ,sec4 #acbj4 ,hamilton ,city1 ,california4 ,sec4 #acba4 ,conveyances4 ,sec4 #acbb4 ,expedited consideration4 ,subtitle ,d--,water ,resources ,infrastructure ,sec4 #adja4 ,project authorizations4 ,sec4 #adjb4 ,special rules4 ,title ,,ii--,water and ,waste ,act of #bjaf ,sec4 #bjja4 ,short title4 ,sec4 #bjjb4 ,definition of ,administrator4 ,subtitle ,a--,safe ,drinking ,water ,sec4 #baja4 ,sense of ,congress on appropriations levels4 ,sec4 #bajb4 ,preconstruction work4 ,sec4 #bajc4 ,administration of ,state loan funds4 ,sec4 #bajd4 ,assistance for small and disadvantaged communities4 ,sec4 #baje4 ,reducing lead in drinking water4 ,sec4 #bajf4 ,notice to persons served4 ,sec4 #bajg4 ,lead testing in school and child care program drinking water4 ,sec4 #bajh4 ,water supply cost savings4 ,sec4 #baji4 ,innovation in the provision of safe drinking water4 ,sec4 #baaj4 ,small system technical assistance4 ,sec4 #baaa4 ,definition of ,indian ,tribe4 ,sec4 #baab4 ,technical assistance for tribal water systems4 ,sec4 #baac4 ,materials requirement for certain ,federally funded projects4 ,subtitle ,b--,drinking ,water ,disaster ,relief and ,infrastructure ,investments ,sec4 #bbja4 ,drinking water infrastructure4 ,sec4 #bbjb4 ,sense of ,congress4 ,sec4 #bbjc4 ,registry for lead exposure and advisory committee4 ,sec4 #bbjd4 ,other lead programs4 ,subtitle ,c--,control of ,coal ,combustion ,residuals ,sec4 #bcja4 ,approval of ,state programs for control of coal combustion residuals4 ,title ,,iii--,natural ,resources ,subtitle ,a--,indian ,dam ,safety ,sec4 #caja4 ,indian dam safety4 ,subtitle ,b--,irrigation ,rehabilitation and ,renovation for ,indian ,tribal ,governments and ,their ,economies ,sec4 #cbja4 ,definitions4 ,part ,i--,indian ,irrigation ,fund ,sec4 #cbaa4 ,establishment4 ,sec4 #cbab4 ,deposits to fund4 ,sec4 #cbac4 ,expenditures from fund4 ,sec4 #cbad4 ,investments of amounts4 ,sec4 #cbae4 ,transfers of amounts4 ,sec4 #cbaf4 ,termination4 ,part ,,ii--,repair1 ,replacement1 and ,maintenance of ,certain ,indian ,irrigation ,projects ,sec4 #cbba4 ,repair1 replacement1 and maintenance of certain indian irrigation projects4 ,sec4 #cbbb4 ,eligible projects4 ,sec4 #cbbc4 ,requirements and conditions4 ,sec4 #cbbd4 ,study of ,indian irrigation program and project management4 ,sec4 #cbbe4 ,tribal consultation and user input4 ,sec4 #cbbf4 ,allocation among projects4 ,subtitle ,c--,weber ,basin prepayments ,sec4 #ccja4 ,prepayment of certain repayment obligations under contracts between the ,united ,states and the ,weber ,basin ,water ,conservancy ,district4 ,subtitle ,d--,pechanga water rights settlement ,sec4 #cdja4 ,short title4 ,sec4 #cdjb4 ,purposes4 ,sec4 #cdjc4 ,definitions4 ,sec4 #cdjd4 ,approval of the ,pechanga ,settlement ,agreement4 ,sec4 #cdje4 ,tribal ,water ,right4 ,sec4 #cdjf4 ,satisfaction of claims4 ,sec4 #cdjg4 ,waiver of claims4 ,sec4 #cdjh4 ,water facilities4 ,sec4 #cdji4 ,pechanga ,settlement ,fund4 ,sec4 #cdaj4 ,miscellaneous provisions4 ,sec4 #cdaa4 ,authorization of appropriations4 ,sec4 #cdab4 ,expiration on failure of enforceability date4 ,sec4 #cdac4 ,antideficiency4 ,subtitle ,e--,delaware ,river ,basin ,conservation ,sec4 #ceja4 ,findings4 ,sec4 #cejb4 ,definitions4 ,sec4 #cejc4 ,program establishment4 ,sec4 #cejd4 ,grants and assistance4 ,sec4 #ceje4 ,annual letter4 ,sec4 #cejf4 ,prohibition on use of funds for ,federal acquisition of interests in land4 ,sec4 #cejg4 ,sunset4 ,subtitle ,f--,miscellaneous ,provisions ,sec4 #cfja4 ,bureau of ,reclamation ,dakotas ,area ,office permit fees for cabins and trailers4 ,sec4 #cfjb4 ,use of trailer homes at ,heart ,butte ,dam and ,reservoir 7,lake ,tschida74 ,sec4 #cfjc4 ,lake ,tahoe ,restoration4 ,sec4 #cfjd4 ,tuolumne ,band of ,me-,wuk ,indians4 ,sec4 #cfje4 ,san ,luis ,rey settlement agreement implementation4 ,sec4 #cfjf4 ,tule ,river ,indian ,tribe4 ,sec4 #cfjg4 ,morongo ,band of ,mission ,indians4 ,sec4 #cfjh4 ,choctaw ,nation of ,oklahoma and the ,chickasaw ,nation ,water ,settlement4 ,subtitle ,g--,blackfeet water rights settlement ,sec4 #cgja4 ,short title4 ,sec4 #cgjb4 ,purposes4 ,sec4 #cgjc4 ,definitions4 ,sec4 #cgjd4 ,ratification of compact4 ,sec4 #cgje4 ,milk river water right4 ,sec4 #cgjf4 ,water delivery through milk river project4 ,sec4 #cgjg4 ,bureau of reclamation activities to improve water management4 ,sec4 #cgjh4 ,st4 ,mary canal hydroelectric power generation4 ,sec4 #cgji4 ,storage allocation from ,lake ,elwell4 ,sec4 #cgaj4 ,irrigation activities4 ,sec4 #cgaa4 ,design and construction of ,,mr,i ,system4 ,sec4 #cgab4 ,design and construction of water storage and irrigation facilities4 ,sec4 #cgac4 ,blackfeet water1 storage1 and development projects4 ,sec4 #cgad4 ,easements and rights-of-way4 ,sec4 #cgae4 ,tribal water rights4 ,sec4 #cgaf4 ,blackfeet settlement trust fund4 ,sec4 #cgag4 ,blackfeet water settlement implementation fund4 ,sec4 #cgah4 ,authorization of appropriations4 ,sec4 #cgai4 ,water rights in ,lewis and ,clark ,national ,forest and ,glacier ,national ,park4 ,sec4 #cgbj4 ,waivers and releases of claims4 ,sec4 #cgba4 ,satisfaction of claims4 ,sec4 #cgbb4 ,miscellaneous provisions4 ,sec4 #cgbc4 ,expiration on failure to meet enforceability date4 ,sec4 #cgbd4 ,antideficiency4 ,subtitle ,h--,water ,desalination ,sec4 #chja4 ,reauthorization of ,water ,desalination ,act of #aiif4 ,subtitle ,i--,amendments to the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #aiij ,sec4 #cija4 ,amendments to the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #aiij4 ,subtitle ,j--,california ,water ,sec4 #djja4 ,operations and reviews4 ,sec4 #djjb4 ,scientifically supported implementation of ,,omr flow requirements4 ,sec4 #djjc4 ,temporary operational flexibility for storm events4 ,sec4 #djjd4 ,consultation on coordinated operations4 ,sec4 #djje4 ,protections4 ,sec4 #djjf4 ,new ,melones ,reservoir4 ,sec4 #djjg4 ,storage4 ,sec4 #djjh4 ,losses caused by the construction and operation of storage projects4 ,sec4 #djji4 ,other water supply projects4 ,sec4 #djaj4 ,actions to benefit threatened and endangered species and other wildlife4 ,sec4 #djaa4 ,offsets and water storage account4 ,sec4 #djab4 ,savings language4 ,sec4 #djac4 ,duration4 ,sec4 #djad4 ,definitions4 ,title ,,iv--,other ,matters ,sec4 #ejja4 ,congressional notification requirements4 ,sec4 #ejjb4 ,reauthorization of ,denali ,commission4 ,sec4 #ejjc4 ,recreational access for floating cabins at ,,tva reservoirs4 ,sec4 #ejjd4 ,gold ,king ,mine spill recovery4 ,sec4 #ejje4 ,great ,lakes ,restoration ,initiative4 ,sec4 #ejjf4 ,rehabilitation of high hazard potential dams4 ,sec4 #ejjg4 ,chesapeake ,bay grass survey4 ,sec4 #ejjh4 ,water infrastructure finance and innovation4 ,sec4 #ejji4 ,report on groundwater contamination4 ,sec4 #ejaj4 ,columbia ,river ,basin restoration4 ,sec4 #ejaa4 ,regulation of aboveground storage at farms4 ,sec4 #ejab4 ,irrigation districts4 ,sec4 #ejac4 ,estuary restoration4 ,sec4 #ejad4 ,environmental banks4 ,i ,water ,resources ,development #ajja4 ,short title ,this title may be cited as the ,water ,resources ,development ,act of #bjaf4 #ajjb4 ,secretary defined ,in this title1 the term ,secretary means the ,secretary of the ,army4 ,a ,general ,provisions #aaja4 ,youth service and conservation corps organizations ,section #bac of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bcci7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,youth service and conservation corps organizations ,the ,secretary1 to the maximum extent practicable1 shall enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the ,secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations4 4 #aajb4 ,navigation safety ,the ,secretary shall use section #e of the ,act of ,march #d1 #aiae 7#ch ,stat4 #ajec1 chapter #adb2 #cc ,u4,s4,c4 #efb71 to carry out navigation safety activities at those projects eligible for operation and maintenance under section #bjd7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7;f774 #aajc4 ,emerging harbors ,section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7 is amended-- 7#a7 in subsection 7c77#c7 by striking for each of fiscal years #bjae through #bjbb and inserting for each fiscal year2 and 7#b7 by striking subsection 7d77#a77;,a7 and inserting the following3 7,a7 ,in general ,for each fiscal year1 if priority funds are available1 the ,secretary shall use at least #aj percent of such funds for emerging harbor projects4 4 #aajd4 ,federal breakwaters and jetties 7a7 ,in general ,the ,secretary1 at ,federal expense1 shall establish an inventory and conduct an assessment of the general structural condition of all ,federal breakwaters and jetties protecting harbors and inland harbors within the ,united ,states4 7b7 ,contents ,the inventory and assessment carried out under subsection 7a7 shall include-- 7#a7 compiling location information for all ,federal breakwaters and jetties protecting harbors and inland harbors within the ,united ,states2 7#b7 determining the general structural condition of each breakwater and jetty2 7#c7 analyzing the potential risks to navigational safety1 and the impact on the periodic maintenance dredging needs of protected harbors and inland harbors1 resulting from the general structural condition of each breakwater and jetty2 and 7#d7 estimating the costs1 for each breakwater and jetty1 to restore or maintain the breakwater or jetty to authorized levels and the total of all such costs4 7c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the inventory and assessment carried out under subsection 7a74 #aaje4 ,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#c7 by inserting in which the project is located1 or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project1 after community2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7 by inserting and communities that are located in the region to be served by the project and that will rely on the project after community2 7,b7 in paragraph 7#d7 by striking local population and inserting regional population to be served by the project2 and 7,c7 in paragraph 7#e7 by striking community and inserting local community and communities that are located in the region to be served by the project and that will rely on the project4 #aajf4 ,alternative projects to maintenance dredging ,the ,secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a ,federal navigation channel if the costs of the operation and maintenance of the alternative project1 and any remaining costs necessary for maintaining the ,federal navigation channel1 are less than the costs of maintaining such channel without the alternative project4 #aajg4 ,great ,lakes ,navigation ,system ,section #baj7;d77#a77;,b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;d77#a77;,b77 is amended in the matter preceding clause 7i7 by striking ,for each of fiscal years #bjae through #bjbd and inserting ,for each fiscal year4 #aajh4 ,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 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 #aaji4 ,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 #aaaj4 ,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 for which the ,united ,states port of unlading is different than the ,united ,states port of entry4 2 7,c7 in paragraph 7#c7 7as redesignated7-- 7i7 by redesignating subparagraphs 7,a7 through 7,d7 as clauses 7i7 through 7iv71 respectively1 and indenting appropriately2 7ii7 in the matter preceding clause 7i7 7as redesignated7 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 and 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 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking donor port and inserting donor port1 a medium-sized donor port12 and 7,b7 in paragraph 7#a7-- 7i7 by striking or shippers transporting cargo2 7ii7 by striking ,u4,s4 ,customs and ,border ,protection and inserting the ,secretary2 and 7iii7 by striking amount of harbor maintenance taxes collected and inserting value of discretionary cargo2 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 under subsection 7c71 the ,secretary shall transfer to the ,commissioner of ,u4,s4 ,customs and ,border ,protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is-- 7,a7 shipped through the port2 and 7,b7 most at risk of diversion to seaports outside of the ,united ,states4 7#b7 ,requirement ,the ,secretary1 in consultation with a port electing to provide payments under subsection 7c71 shall determine the top importers at the port1 as ranked by the value of discretionary cargo1 and payments shall be limited to those top importers4 2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking #bjah and inserting #bjbj2 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 in paragraph 7#c7-- 7i7 by striking #bjae through #bjah and inserting #bjaf through #bjbj2 and 7ii7 by striking #bjai through #bjbb and inserting #bjba through #bjbe2 and 7#f7 by adding at the end the following3 7g7 ,savings clause ,nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter #eea of title #df1 ,united ,states ,code4 4 #aaaa4 ,harbor deepening ,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,a7 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-aba72 7#b7 in subparagraph 7,b7 by striking #de feet and inserting #ej feet2 and 7#c7 in subparagraph 7,c7 by striking #de feet and inserting #ej feet4 #aaab4 ,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 #bjaf1 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 #aaac4 ,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 activities1 with any reimbursement subject to the non-,federal interest complying with all ,federal laws and regulations that would apply to such maintenance activities if carried out by the ,secretary4 7c7 ,agreement ,before initiating maintenance activities under this section1 a 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 the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of-- 7#a7 the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the ,federal ,government during a given fiscal year2 or 7#b7 the actual fiscal year ,federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used4 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 #aaad4 ,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 ,in the first report submitted under subparagraph 7,a7 following the date of enactment of the ,water ,resources ,development ,act of #bjaf1 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 #aaae4 ,reservoir sediment 7a7 ,in general ,section #bae of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bcbf;c7 is amended to read as follows3 #bae4 ,reservoir sediment 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjaf and after providing public notice1 the ,secretary shall establish1 using available funds1 a pilot program to accept services provided by a non-,federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the ,united ,states and under the jurisdiction of the ,secretary for the purpose of restoring the authorized storage capacity of the project concerned4 7b7 ,requirements ,in carrying out this section1 the ,secretary shall-- 7#a7 review the services of the non-,federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned2 7#b7 ensure that the non-,federal interest or commercial entity will indemnify the ,united ,states for1 or has entered into an agreement approved by the ,secretary to address1 any adverse impact to the dam as a result of such services2 7#c7 require the non-,federal interest or commercial entity1 prior to initiating the services and upon completion of the services1 to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality2 and 7#d7 limit the number of dams for which services are accepted to #aj4 7c7 ,limitation 7#a7 ,in general ,the ,secretary may not accept services under subsection 7a7 if the ,secretary1 after consultation with the ,chief of ,engineers1 determines that accepting the services is not advantageous to the ,united ,states4 7#b7 ,report to ,congress ,if the ,secretary makes a determination under paragraph 7#a71 the ,secretary shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate written notice describing the reasoning for the determination4 7d7 ,disposition of removed sediment ,in exchange for providing services under subsection 7a71 a non-,federal interest or commercial entity is authorized to retain1 use1 recycle1 sell1 or otherwise dispose of any sediment removed in connection with the services and the ,corps of ,engineers may not seek any compensation for the value of the sediment4 7e7 ,congressional notification ,prior to accepting services provided by a non-,federal interest or commercial entity under this section1 the ,secretary shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate written notice of the acceptance of the services4 7f7 ,report to ,congress ,upon completion of services at the #aj dams allowed under subsection 7b77#d71 the ,secretary shall make publicly available and submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report documenting the results of the services4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,water ,resources ,development ,act of #bjjj is amended by striking the item relating to section #bae and inserting the following3 ,sec4 #bae4 ,reservoir sediment4 4 #aaaf4 ,water supply conservation 7a7 ,in general ,in a ,state in which a drought emergency has been declared or was in effect during the #a-year period ending on the date of enactment of this ,act1 the ,secretary is authorized-- 7#a7 to conduct an evaluation for purposes of approving water supply conservation measures that are consistent with the authorized purposes of water resources development projects under the jurisdiction of the ,secretary2 and 7#b7 to enter into written agreements pursuant to section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7 with non-,federal interests to carry out the conservation measures approved by such evaluations4 7b7 ,eligibility ,water supply conservation measures evaluated under subsection 7a7 may include the following3 7#a7 ,stormwater capture4 7#b7 ,releases for ground water replenishment or aquifer storage and recovery4 7#c7 ,releases to augment water supply at another ,federal or non-,federal storage facility4 7#d7 ,other conservation measures that enhance usage of a ,corps of ,engineers project for water supply4 7c7 ,costs ,a non-,federal interest shall pay only the separable costs associated with the evaluation1 implementation1 operation1 and maintenance of an approved water supply conservation measure1 which payments may be accepted and expended by the ,corps of ,engineers to cover such costs4 7d7 ,statutory construction ,nothing in this section may be construed to modify or alter the obligations of a non-,federal interest under existing or future agreements for-- 7#a7 water supply storage pursuant to section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b72 or 7#b7 surplus water use pursuant to section #f of the ,act of ,december #bb1 #aidd 7#eh ,stat4 #hij1 chapter #ffe2 #cc ,u4,s4,c4 #gjh74 7e7 ,limitations ,nothing in this section-- 7#a7 affects1 modifies1 or changes the authorized purposes of a ,corps of ,engineers project2 7#b7 affects existing ,corps of ,engineers authorities1 including its authorities with respect to navigation1 flood damage reduction1 and environmental protection and restoration2 7#c7 affects the ,corps of ,engineers ability to provide for temporary deviations2 7#d7 affects the application of a cost-share requirement under section #aja1 #ajb1 or #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa1 #bbab1 and #bbac72 7#e7 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#f7 supersedes or modifies any amendment to an existing multistate water control plan1 including those water control plans along the ,missouri ,river and those water control plans in the ,apalachicola-,chattahoochee-,flint and ,alabama-,coosa-,tallapoosa basins2 7#g7 affects any water right in existence on the date of enactment of this ,act2 or 7#h7 preempts or affects any ,state water law or interstate compact governing water4 #aaag4 ,drought emergencies 7a7 ,authorized activities ,with respect to a ,state in which a drought emergency is in effect on the date of enactment of this ,act1 or was in effect at any time during the #a-year period ending on such date of enactment1 and upon the request of the ,governor of the ,state1 the ,secretary is authorized to-- 7#a7 prioritize the updating of the water control manuals for control structures under the jurisdiction of the ,secretary that are located in the ,state2 and 7#b7 incorporate into the update seasonal operations for water conservation and water supply for such control structures4 7b7 ,coordination ,the ,secretary shall carry out the update under subsection 7a7 in coordination with all appropriate ,federal agencies1 elected officials1 and members of the public4 7c7 ,statutory construction ,nothing in this section affects1 modifies1 or changes the authorized purposes of a ,corps of ,engineers project1 or affects the applicability of section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b74 #aaah4 ,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 a ,federal water resources development project through-- 7#a7 modification of the project2 7#b7 modification of how the project is managed2 or 7#c7 accessing water released from the 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 operated 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 and1 if applicable1 the ,federal agency that operates the project1 in the case of a project operated 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 development 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 7#cj ,stat4 #aaeb1 chapter #dbe2 #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 operates the project1 if that agency is not the ,department of the ,army2 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 #aaai4 ,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 heading by inserting and ,indian tribes after territories2 and 7#b7 in subsection 7a7-- 7,a7 by striking projects in ,american and inserting projects-- 7#a7 in ,american 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 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 #aabj4 ,tribal consultation reports 7a7 ,review ,the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the following3 7#a7 ,not later than #cj days after the date of enactment of this ,act1 all reports of the ,corps of ,engineers developed pursuant to its ,tribal ,consultation ,policy1 dated ,november #bjab1 and submitted to the ,office of ,management and ,budget before the date of enactment of this ,act4 7#b7 ,not later than #cj days after the date of the submission to the ,committees under paragraph 7#a71 all reports of the ,corps of ,engineers developed pursuant to its ,tribal ,consultation ,policy1 dated ,november #bjab1 or successor policy1 and submitted to the ,office of ,management and ,budget after the date of enactment of this ,act4 7#c7 ,not later than #a year after the date of enactment of this ,act1 a report that describes the results of a review by the ,secretary of existing policies1 regulations1 and guidance related to consultation with ,indian tribes on water resources development projects or other activities that require the approval of1 or the issuance of a permit by1 the ,secretary and that may have an impact on tribal cultural or natural resources4 7b7 ,consultation ,in completing the review under subsection 7a77#c71 the ,secretary shall provide for public and private meetings with ,indian tribes and other stakeholders4 7c7 ,no delays ,during the review required under subsection 7a77#c71 the ,secretary shall ensure that-- 7#a7 all existing tribal consultation policies1 regulations1 and guidance continue to be implemented2 and 7#b7 the review does not affect an approval or issuance of a permit required by the ,secretary4 #aaba4 ,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 projects12 7,b7 in paragraph 7#b7 by striking 7#b7 ,matters to be studied4--,a study and inserting the following3 7#b7 ,authorized activities ,an 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 study on1 and provide to the ,indian tribe a report describing1 the feasibility of a water resources development project 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#d7 ,design and construction 7,a7 ,in general ,the ,secretary may carry out the design and construction of a water resources development project 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#a7 by striking studies and inserting an activity2 and 7,b7 in paragraph 7#b77;,b7 by striking carrying out projects studied and inserting an activity conducted2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7 by striking a study and inserting an 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 an 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 ,water-related planning activities 7,a7 ,in general ,the non-,federal share of costs of a watershed and river basin assessment conducted under subsection 7b7 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 #ej percent4 4 #aabb4 ,beneficial use of dredged material 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a pilot program to carry out projects for the beneficial use of dredged material1 including projects for the purposes of-- 7#a7 reducing storm damage to property and infrastructure2 7#b7 promoting public safety2 7#c7 protecting1 restoring1 and creating aquatic ecosystem habitats2 7#d7 stabilizing stream systems and enhancing shorelines2 7#e7 promoting recreation2 7#f7 supporting risk management adaptation strategies2 and 7#g7 reducing the costs of dredging and dredged material placement or disposal1 such as projects that use dredged material for-- 7,a7 construction or fill material2 7,b7 civic improvement objectives2 and 7,c7 other innovative uses and placement alternatives that produce public economic or environmental benefits4 7b7 ,project selection ,in carrying out the pilot program1 the ,secretary shall-- 7#a7 identify for inclusion in the pilot program and carry out #aj projects for the beneficial use of dredged material2 7#b7 consult with relevant ,state agencies in selecting projects2 and 7#c7 select projects solely on the basis of-- 7,a7 the environmental1 economic1 and social benefits of the projects1 including monetary and nonmonetary benefits2 and 7,b7 the need for a diversity of project types and geographical project locations4 7c7 ,regional beneficial use teams 7#a7 ,in general ,in carrying out the pilot program1 the ,secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program4 7#b7 ,composition 7,a7 ,leadership ,for each regional beneficial use team established under paragraph 7#a71 the ,secretary shall appoint the ,commander of the relevant division of the ,corps of ,engineers to serve as the head of the team4 7,b7 ,membership ,the membership of each regional beneficial use team shall include-- 7i7 representatives of relevant ,corps of ,engineers districts and divisions2 7ii7 representatives of relevant ,state and local agencies2 and 7iii7 representatives of ,federal agencies and such other entities as the ,secretary determines appropriate1 consistent with the purposes of this section4 7d7 ,considerations ,the ,secretary shall carry out the pilot program in a manner that-- 7#a7 maximizes the beneficial placement of dredged material from ,federal and non-,federal navigation channels2 7#b7 incorporates1 to the maximum extent practicable1 #b or more ,federal navigation1 flood control1 storm damage reduction1 or environmental restoration projects2 7#c7 coordinates the mobilization of dredges and related equipment1 including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations2 7#d7 fosters ,federal1 ,state1 and local collaboration2 7#e7 implements best practices to maximize the beneficial use of dredged sand and other sediments2 and 7#f7 ensures that the use of dredged material is consistent with all applicable environmental laws4 7e7 ,cost sharing 7#a7 ,in general ,projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf74 7#b7 ,additional costs ,notwithstanding paragraph 7#a71 if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance1 if applicable1 with the ,federal standard 7as defined in section #cce4g of title #cc1 ,code of ,federal ,regulations71 the ,secretary may not require the non-,federal interest to bear the additional cost of such activities4 7f7 ,report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7#a7 a description of the projects selected to be carried out under the pilot program2 7#b7 documentation supporting each of the projects selected2 7#c7 the findings of regional beneficial use teams regarding project selection2 and 7#d7 any recommendations of the ,secretary or regional beneficial use teams with respect to the pilot program4 7g7 ,termination ,the pilot program shall terminate after completion of the #aj projects carried out pursuant to subsection 7b77#a74 7h7 ,exemption from other standards ,the projects carried out under this section shall be carried out notwithstanding the definition of the term ,federal standard in section #cce4g of title #cc1 ,code of ,federal ,regulations4 7i7 ,regional ,sediment ,management ,section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking ,for sediment and inserting the following3 7,a7 ,sediment from ,federal water resources projects ,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 7d7 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 7j7 ,clarification ,section #aef7;e7 of the ,water ,resources ,development ,act of #aigf 7#db ,u4,s4,c4 #aifb;d-#e;f7e77 is amended by striking #c and inserting #f4 #aabc4 ,great ,lakes fishery and ecosystem restoration ,section #ejf7;g7 of the ,water ,resources ,development ,act of #bjjj 7#db ,u4,s4,c4 #aifb;d-#bb7;g77 is repealed4 #aabd4 ,corps of ,engineers operation of unmanned aircraft systems 7a7 ,in general ,the ,secretary shall designate an individual1 within the headquarters office of the ,corps of ,engineers1 who shall serve as the coordinator and principal approving official for developing the process and procedures by which the ,corps of ,engineers-- 7#a7 operates and maintains small unmanned aircraft 7as defined in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note77 systems in support of civil works and emergency response missions of the ,corps of ,engineers2 and 7#b7 acquires1 applies for1 and receives any necessary ,federal ,aviation ,administration authorizations for such operations and systems4 7b7 ,requirements ,a small unmanned aircraft system acquired1 operated1 or maintained for carrying out the missions specified in subsection 7a7 shall be operated in accordance with regulations of the ,federal ,aviation ,administration as a civil aircraft or public aircraft1 at the discretion of the ,secretary1 and shall be exempt from regulations of the ,department of ,defense1 including the ,department of the ,army1 governing such system4 7c7 ,limitation ,a small unmanned aircraft system acquired1 operated1 or maintained by the ,corps of ,engineers is excluded from use by the ,department of ,defense1 including the ,department of the ,army1 for any mission of the ,department of ,defense other than a mission specified in subsection 7a74 #aabe4 ,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#a7 by adding at the end the following3 7,c7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking or natural gas company and inserting 1 natural gas company1 or railroad carrier2 and 7,b7 by striking or company and inserting 1 company1 or carrier2 7#c7 in paragraph 7#c7-- 7,a7 by striking or natural gas company and inserting 1 natural gas company1 or railroad carrier2 and 7,b7 by striking #g years and inserting #aj years2 and 7#d7 in paragraph 7#e7 by striking and natural gas companies and inserting 1 natural gas companies1 and railroad carriers1 including an evaluation of the compliance with the requirements of this section and1 with respect to a permit for those entities1 the requirements of applicable ,federal laws4 #aabf4 ,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 ,at the request of a non-,federal interest1 the ,secretary may provide to the non-,federal interest technical assistance relating to any aspect of a feasibility study if the non-,federal interest contracts with the ,secretary to pay all costs of providing such technical assistance4 4 #aabg4 ,non-,federal construction of authorized flood damage reduction projects ,section #bjd7;d7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7;d77 is amended by adding at the end the following3 7#e7 ,discrete segments 7,a7 ,in general ,the ,secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project1 or separable element thereof1 before final completion of the project or separable element if-- 7i7 except as provided in clause 7ii71 the ,secretary determines that the discrete segment satisfies the requirements of paragraphs 7#a7 through 7#d7 in the same manner as the project or separable element2 and 7ii7 notwithstanding paragraph 7#a77;,a77ii71 the ,secretary determines1 before the approval of the plans under paragraph 7#a77;,a77i71 that the discrete segment is technically feasible and environmentally acceptable4 7,b7 ,determination ,credit or reimbursement may not be made available to a non-,federal interest pursuant to this paragraph until the ,secretary determines that-- 7i7 the construction of the discrete segment for which credit or reimbursement is requested is complete2 and 7ii7 the construction is consistent with the authorization of the applicable flood damage reduction project1 or separable element thereof1 and the plans approved under paragraph 7#a77;,a77i74 7,c7 ,written agreement 7i7 ,in general ,as part of the written agreement required under paragraph 7#a77;,a77iii71 a non-,federal interest to be eligible for credit or reimbursement under this paragraph shall-- 7,i7 identify any discrete segment that the non-,federal interest may carry out2 and 7,,ii7 agree to the completion of the flood damage reduction project1 or separable element thereof1 with respect to which the discrete segment is a part and establish a timeframe for such completion4 7ii7 ,remittance ,if a non-,federal interest fails to complete a flood damage reduction project1 or separable element thereof1 that it agreed to complete under clause 7i77,,ii71 the non-,federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element4 7,d7 ,discrete segment defined ,in this paragraph1 the term discrete segment means a physical portion of a flood damage reduction project1 or separable element thereof-- 7i7 described by a non-,federal interest in a written agreement required under paragraph 7#a77;,a77iii72 and 7ii7 that the non-,federal interest can operate and maintain1 independently and without creating a hazard1 in advance of final completion of the flood damage reduction project1 or separable element thereof4 4 #aabh4 ,multistate activities ,section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking or other non-,federal interest and inserting 1 group of ,states1 or non-,federal interest2 7,b7 by inserting or group of ,states after working with a ,state2 and 7,c7 by inserting or group of ,states after boundaries of such ,state2 and 7#b7 in subsection 7c77#a7 by adding at the end the following3 ,the ,secretary may allow #b or more ,states to combine all or a portion of the funds that the ,secretary makes available to the ,states in carrying out subsection 7a77#a744 #aabi4 ,planning assistance to ,states ,section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7 is amended by adding at the end the following3 7f7 ,special rule ,the cost-share for assistance under this section provided to ,indian tribes1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 the ,commonwealth of the ,northern ,marianas1 and the ,trust ,territory of the ,pacific ,islands shall be as provided under section #aaef of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcaj74 4 #aacj4 ,regional participation assurance for levee safety activities 7a7 ,national levee safety program ,section #ijjb of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccja7 is amended-- 7#a7 in paragraph 7#aa7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 7#b7 by redesignating paragraphs 7#ab7 through 7#af7 as paragraphs 7#ac7 through 7#ag71 respectively2 and 7#c7 by inserting after paragraph 7#aa7 the following3 7#ab7 ,regional district ,the term regional district means a subdivision of a ,state government1 or a subdivision of multiple ,state governments1 that is authorized to acquire1 construct1 operate1 and maintain projects for the purpose of flood damage reduction4 4 7b7 ,inventory and inspection of levees ,section #ijjd of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking one year after the date of enactment of this ,act and inserting #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 7,b7 in paragraph 7#b77;,a7 by striking ,states1 ,indian tribes1 ,federal agencies1 and other entities and inserting ,states1 regional districts1 ,indian tribes1 ,federal agencies1 and other entities2 and 7,c7 in paragraph 7#c7-- 7i7 in the heading for subparagraph 7,a7 by striking federal1 ,state1 and local and inserting federal1 ,state1 regional1 tribal1 and local2 and 7ii7 in subparagraph 7,a7 by striking ,federal1 ,state1 and local and inserting ,federal1 ,state1 regional1 tribal1 and local2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#d7-- 7i7 in the paragraph heading by striking ,state and tribal and inserting ,state1 regional1 and tribal2 and 7ii7 by striking ,state or ,indian tribe each place it appears and inserting ,state1 regional district1 or ,indian tribe2 and 7,b7 in paragraph 7#e7-- 7i7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 and 7ii7 by striking chief executive of the tribal government and inserting chief executive of the regional district or tribal government4 7c7 ,levee safety initiative ,section #ijje of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc;a7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking #a year after the date of enactment of this subsection and inserting #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7,,ii7 by striking ,state1 local1 and tribal governments and organizations and inserting ,state1 regional1 local1 and tribal governments and organizations2 and 7ii7 in subparagraph 7,a7 by striking ,federal1 ,state1 tribal1 and local agencies and inserting ,federal1 ,state1 regional1 local1 and tribal agencies2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by striking ,state1 local1 and tribal governments1 and inserting ,state1 regional1 local1 and tribal governments2 and 7ii7 in subparagraph 7,b7 by inserting 1 regional1 or tribal after ,state each place it appears2 and 7,c7 in paragraph 7#e77;,a7 by striking ,states1 non-,federal interests1 and other appropriate stakeholders and inserting ,states1 regional districts1 ,indian tribes1 non-,federal interests1 and other appropriate stakeholders2 7#b7 in subsection 7e77#a7 in the matter preceding subparagraph 7,a7 by striking ,states1 communities1 and levee owners and inserting ,states1 regional districts1 ,indian tribes1 communities1 and levee owners2 7#c7 in subsection 7g7-- 7,a7 in the subsection heading by striking ,state and ,tribal and inserting ,state1 ,regional1 and ,tribal2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking #a year after the date of enactment of this subsection and inserting #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7,,ii7 by striking ,state or tribal and inserting ,state1 regional1 or tribal2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking ,state and ,indian tribe and inserting ,state1 regional district1 and ,indian tribe2 and 7,,ii7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 and 7,c7 in paragraph 7#b7-- 7i7 in the paragraph heading by striking states and inserting states1 ,regional ,districts1 and ,indian ,tribes2 7ii7 in subparagraph 7,a7 by striking ,states and ,indian tribes and inserting ,states1 regional districts1 and ,indian tribes2 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 7,,ii7 in clause 7ii7 by striking levees within the ,state and inserting levees within the ,state or regional district2 and 7,,iii7 in clause 7iii7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 7iv7 in subparagraph 7,c77ii7 in the matter preceding subclause 7,i7 by striking ,state or tribal and inserting ,state1 regional1 or tribal2 and 7v7 in subparagraph 7,e7-- 7,i7 by striking ,states and ,indian tribes each place it appears and inserting ,states1 regional districts1 and ,indian tribes2 7,,ii7 in clause 7ii77,,ii7-- 7aa7 in the matter preceding item 7aa7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 7bb7 in item 7aa7 by striking miles of levees in the ,state and inserting miles of levees in the ,state or regional district2 and 7cc7 in item 7bb7 by striking miles of levees in all ,states and inserting miles of levees in all ,states and regional districts2 and 7,,iii7 in clause 7iii7-- 7aa7 by striking ,state or ,indian tribe and inserting ,state1 regional district1 or ,indian tribe2 and 7bb7 by striking ,state or tribal and inserting ,state1 regional1 or tribal2 and 7#d7 in subsection 7h7-- 7,a7 in paragraph 7#a7 by striking ,states1 ,indian tribes1 and local governments and inserting ,states1 regional districts1 ,indian tribes1 and local governments2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7 by striking ,state1 ,indian tribe1 or local government and inserting ,state1 regional district1 ,indian tribe1 or local government2 and 7ii7 in subparagraph 7,e7 in the matter preceding clause 7i7 by striking ,state or tribal and inserting ,state1 regional1 or tribal2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by striking ,state1 ,indian tribe1 or local government and inserting ,state1 regional district1 ,indian tribe1 or local government2 and 7ii7 in subparagraph 7,d7 by striking #ahj days after the date of enactment of this subsection and inserting #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7,d7 in paragraph 7#d77;,a77i7 by striking ,state or tribal and inserting ,state1 regional1 or tribal4 7d7 ,reports ,section #ijjf of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc;b7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in the matter preceding subparagraph 7,a7 by striking #a year after the date of enactment of this subsection and inserting #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7,b7 in subparagraph 7,b7 by striking ,state and tribal and inserting ,state1 regional1 and tribal2 7#b7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking #b years after the date of enactment of this subsection and inserting #b years after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7ii7 by striking ,state1 tribal1 and local and inserting ,state1 regional1 tribal1 and local2 7,b7 in paragraph 7#b7 by striking ,state and tribal and inserting ,state1 regional1 and tribal2 and 7,c7 in paragraph 7#d7 by striking ,state and local and inserting ,state1 regional1 tribal1 and local2 and 7#c7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a7 by striking #a year after the date of enactment of this subsection and inserting #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf2 and 7,b7 in paragraph 7#b7 by striking ,state or tribal and inserting ,state1 regional1 or tribal4 #aaca4 ,participation of 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 and1 as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb71 a ,native village1 ,regional ,corporation1 and ,village ,corporation after ,indian tribe4 #aacb4 ,post-authorization change reports 7a7 ,in general ,the completion of a post-authorization change report prepared by the ,corps of ,engineers for a water resources development project-- 7#a7 may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration2 and 7#b7 shall be submitted1 upon completion1 to-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,completion review ,with respect to a post-authorization change report subject to review by the ,secretary1 the ,secretary shall1 not later than #abj days after the date of completion of such report-- 7#a7 review the report2 and 7#b7 provide to ,congress any recommendations of the ,secretary regarding modification of the applicable water resources development project4 7c7 ,prior reports ,not later than #abj days after the date of enactment of this ,act1 with respect to any post-authorization change report that was completed prior to the date of enactment of this ,act and is subject to a review by the ,secretary that has yet to be completed1 the ,secretary shall complete review of1 and provide recommendations to ,congress with respect to1 the report4 7d7 ,post-,authorization change report inclusions ,in this section1 the term post-authorization change report includes-- 7#a7 a general reevaluation report2 7#b7 a limited reevaluation report2 and 7#c7 any other report that recommends the modification of an authorized water resources development project4 #aacc4 ,maintenance dredging data 7a7 ,in general ,the ,secretary shall establish1 maintain1 and make publicly available a database on maintenance dredging carried out by the ,secretary1 which shall include information on maintenance dredging carried out by ,federal and non-,federal vessels4 7b7 ,scope ,the ,secretary shall include in the database maintained under subsection 7a71 for each maintenance dredging project and contract1 estimated and actual data on-- 7#a7 the volume of dredged material removed2 7#b7 the initial cost estimate of the ,corps of ,engineers2 7#c7 the total cost2 7#d7 the party and vessel carrying out the work2 and 7#e7 the number of private contractor bids received and the bid amounts1 including bids that did not win the final contract award4 #aacd4 ,electronic submission and tracking of permit applications 7a7 ,in general ,section #bjdj of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcde7 is amended to read as follows3 #bjdj4 ,electronic submission and tracking of permit applications 7a7 ,development of electronic system 7#a7 ,in general ,the ,secretary shall research1 develop1 and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the ,secretary4 7#b7 ,inclusion ,the electronic system required under paragraph 7#a7 shall address-- 7,a7 applications for standard individual permits2 7,b7 applications for letters of permission2 7,c7 joint applications with ,states for ,state and ,federal permits2 7,d7 applications for emergency permits2 7,e7 applications or requests for jurisdictional determinations2 and 7,f7 preconstruction notification submissions1 when required for a nationwide or other general permit4 7#c7 ,improving existing data systems ,the ,secretary shall seek to incorporate the electronic system required under paragraph 7#a7 into existing systems and databases of the ,corps of ,engineers to the maximum extent practicable4 7#d7 ,protection of information ,the electronic system required under paragraph 7#a7 shall provide for the protection of personal1 private1 privileged1 confidential1 and proprietary information1 and information the disclosure of which is otherwise prohibited by law4 7b7 ,system requirements ,the electronic system required under subsection 7a7 shall-- 7#a7 enable an applicant or requester to prepare electronically an application for a permit or request2 7#b7 enable an applicant or requester to submit to the ,secretary1 by email or other means through the ,internet1 the completed application form or request2 7#c7 enable an applicant or requester to submit to the ,secretary1 by email or other means through the ,internet1 data and other information in support of the permit application or request2 7#d7 provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request2 and 7#e7 enable an applicant or requester 7or a designated agent7 to track the status of a permit application or request in a manner that will-- 7,a7 allow the applicant or requester to determine whether the application is pending or final and the disposition of the request2 7,b7 allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests2 and 7,c7 allow identification and display of the location of the activities subject to a permit or request through a map-based interface4 7c7 ,documentation ,all permit decisions and jurisdictional determinations made by the ,secretary shall be in writing and include documentation supporting the basis for the decision or determination4 ,the ,secretary shall prescribe means for documenting all decisions or determinations to be made by the ,secretary4 7d7 ,record of determinations 7#a7 ,in general ,the ,secretary shall maintain1 for a minimum of #e years1 a record of each permit decision and jurisdictional determination made by the ,secretary1 including documentation supporting the basis of the decision or determination4 7#b7 ,archiving of information ,the ,secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations1 including documentation supporting the basis of the decisions and determinations1 after the #e-year maintenance period described in paragraph 7#a74 7e7 ,availability of determinations 7#a7 ,in general ,the ,secretary shall make the records of all permit decisions and jurisdictional determinations made by the ,secretary available to the public for review and reproduction4 7#b7 ,protection of information ,the ,secretary shall provide for the protection of personal1 private1 privileged1 confidential1 and proprietary information1 and information the disclosure of which is prohibited by law1 which may be excluded from disclosure4 7f7 ,deadline for electronic system implementation 7#a7 ,in general ,the ,secretary shall develop and implement1 to the maximum extent practicable1 the electronic system required under subsection 7a7 not later than #b years after the date of enactment of the ,water ,resources ,development ,act of #bjaf4 7#b7 ,report on electronic system implementation ,not later than #ahj days after the expiration of the deadline under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing the measures implemented and barriers faced in carrying out this section4 7g7 ,applicability ,the requirements described in subsections 7c71 7d71 and 7e7 shall apply to permit applications and requests for jurisdictional determinations submitted to the ,secretary after the date of enactment of the ,water ,resources ,development ,act of #bjaf4 7h7 ,limitation ,this section shall not preclude the submission to the ,secretary1 acting through the ,chief of ,engineers1 of a physical copy of a permit application or a request for a jurisdictional determination4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,water ,resources ,development ,act of #bjjg is amended by striking the item relating to section #bjdj and inserting the following3 ,sec4 #bjdj4 ,electronic submission and tracking of permit applications4 4 #aace4 ,data transparency ,section #bjag of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdb7 is amended to read as follows3 #bjag4 ,access to water resource data 7a7 ,in general ,using available funds1 the ,secretary shall make publicly available1 including on the ,internet1 all data in the custody of the ,corps of ,engineers on-- 7#a7 the planning1 design1 construction1 operation1 and maintenance of water resources development projects2 and 7#b7 water quality and water management of projects owned1 operated1 or managed by the ,corps of ,engineers4 7b7 ,limitation ,nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the ,secretary to be confidential information1 privileged information1 law enforcement information1 national security information1 infrastructure security information1 personal information1 or information the disclosure of which is otherwise prohibited by law4 7c7 ,timing ,the ,secretary shall ensure that data is made publicly available under subsection 7a7 as quickly as practicable after the data is generated by the ,corps of ,engineers4 7d7 ,partnerships ,in carrying out this section1 the ,secretary may develop partnerships1 including through cooperative agreements1 with ,state1 tribal1 and local governments and other ,federal agencies4 4 #aacf4 ,quality control 7a7 ,in general ,paragraph 7a7 of the first section of the ,act of ,december #bb1 #aidd 7#eh ,stat4 #hhh1 chapter #ffe2 #cc ,u4,s4,c4 #gja-a7;a771 is amended by inserting and shall be made publicly available before the period at the end of the last sentence4 7b7 ,project administration ,section #bjda7;b77#a7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdf7;b77#a77 is amended by inserting final post-authorization change report1 after final reevaluation report14 #aacg4 ,report on purchase of foreign manufactured articles ,section #bac7;a7 of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhca7 is amended by adding at the end the following3 7#d7 ,report on purchase of foreign manufactured articles 7,a7 ,in general ,in the first annual report submitted to ,congress after the date of enactment of this paragraph in accordance with section #h of the ,act of ,august #aa1 #ahhh 7#be ,stat4 #dbd1 chapter #hfj2 #cc ,u4,s4,c4 #eef71 and section #ibe7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbie7;b771 the ,secretary shall include a report on the amount of acquisitions in the prior fiscal year made by the ,corps of ,engineers for civil works projects from entities that manufactured the articles1 materials1 or supplies outside of the ,united ,states4 7,b7 ,contents ,the report required under subparagraph 7,a7 shall indicate1 for each category of acquisition-- 7i7 the dollar value of articles1 materials1 and supplies purchased that were manufactured outside of the ,united ,states2 and 7ii7 a summary of the total procurement funds spent on goods manufactured in the ,united ,states and the total procurement funds spent on goods manufactured outside of the ,united ,states4 7,c7 ,public availability ,not later than #cj days after the submission of the report required under subparagraph 7,a71 the ,secretary shall make such report publicly available1 including on the ,internet4 4 #aach4 ,international outreach program ,section #dja7;a7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbi7;a77 is amended to read as follows3 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 #aaci4 ,dam safety repair projects ,the ,secretary shall issue guidance-- 7#a7 on the types of circumstances under which the requirement in section #abjc7;a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #dfgn7a77 relating to state-of-the-art design or construction criteria deemed necessary for safety purposes applies to a dam safety repair project2 7#b7 to assist district offices of the ,corps of ,engineers in communicating with non-,federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects2 and 7#c7 to assist the ,corps of ,engineers in communicating with non-,federal interests concerning the estimated and final cost-share responsibilities of the non-,federal interests under agreements for dam safety repair projects4 #aadj4 ,federal cost limitation for certain projects ,section #ejf7;c7 of the ,water ,resources ,development ,act of #bjjj 7#db ,u4,s4,c4 #aifb;d-#bb7;c77 is amended by adding at the end the following3 7#e7 ,recreation features ,a project carried out pursuant to this subsection may include compatible recreation features as determined by the ,secretary1 except that the ,federal costs of such features may not exceed #aj percent of the ,federal ecosystem restoration costs of the project4 4 #aada4 ,lake ,kemp1 ,texas ,section #cadi7;a7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aadg7 is amended-- 7#a7 by striking #bjbj and inserting #bjbe2 and 7#b7 by striking this ,act and inserting the ,water ,resources ,development ,act of #bjaf4 #aadb4 ,corrosion prevention ,section #ajcc of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcej7 is amended by adding at the end the following3 7d7 ,report ,in the first annual report submitted to ,congress after the date of enactment of this subsection in accordance with section #h of the ,act of ,august #aa1 #ahhh 7#be ,stat4 #dbd1 chapter #hfj2 #cc ,u4,s4,c4 #eef71 and section #ibe7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbie7;b771 the ,secretary shall report on the corrosion prevention activities encouraged under this section1 including-- 7#a7 a description of the actions the ,secretary has taken to implement this section2 and 7#b7 a description of the projects utilizing corrosion prevention activities1 including which activities were undertaken4 4 #aadc4 ,sediment sources 7a7 ,in general ,the ,secretary is authorized to undertake a study of the economic and noneconomic costs1 benefits1 and impacts of acquiring by purchase1 exchange1 or otherwise sediment from domestic and nondomestic sources for shoreline protection4 7b7 ,report ,upon completion of the study1 the ,secretary shall report to ,congress on the availability1 benefits1 and impacts1 of using domestic and nondomestic sources of sediment for shoreline protection4 #aadd4 ,prioritization of certain projects ,the ,secretary shall give priority to a project for flood risk management if-- 7#a7 there is an executed project partnership agreement for the project2 and 7#b7 the project is located in an area-- 7,a7 with respect to which-- 7i7 there has been a loss of life due to flood events2 and 7ii7 the ,president has declared that a major disaster or emergency exists under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 or 7,b7 that is at significant risk for catastrophic flooding4 #aade4 ,gulf ,coast oyster bed recovery assessment 7a7 ,gulf ,states defined ,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 assessment ,the ,secretary1 in coordination with the ,gulf ,states1 shall conduct an assessment relating to the recovery of oyster beds on the coasts of the ,gulf ,states that were damaged by events1 including-- 7#a7 ,hurricane ,katrina in #bjje2 7#b7 the ,deepwater ,horizon oil spill in #bjaj2 and 7#c7 floods in #bjaa and #bjaf4 7c7 ,inclusion ,the assessment conducted under subsection 7b7 shall address the beneficial use of dredged material in providing substrate for oyster bed development4 7d7 ,report ,not later than #ahj days 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 assessment conducted under subsection 7b74 #aadf4 ,initiating work on separable elements ,with respect to a water resources development project that has received construction funds in the previous #f-year period1 for purposes of initiating work on a separable element of the project-- 7#a7 no new start or new investment decision shall be required2 and 7#b7 the work shall be treated as ongoing work4 #aadg4 ,lower ,bois d',arc ,creek ,reservoir ,project1 ,fannin ,county1 ,texas 7a7 ,finalization required ,the ,secretary shall ensure that environmental decisions and reviews related to the construction of1 impoundment of water in1 and operation of the ,lower ,bois d',arc ,creek ,reservoir ,project1 including any associated water transmission facilities1 by the ,north ,texas ,municipal ,water ,district in ,fannin ,county1 ,texas1 are made on an expeditious basis using the fastest applicable process4 7b7 ,interim report ,not later than ,june #cj1 #bjag1 the ,secretary shall report to ,congress on the implementation of subsection 7a74 #aadh4 ,recreational access at ,corps of ,engineers reservoirs ,section #ajce of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #abcd7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,recreational access ,the ,secretary shall allow the use of a floating cabin on waters under the jurisdiction of the ,secretary in the ,cumberland ,river basin if-- 7#a7 the floating cabin-- 7,a7 is in compliance with1 and maintained by the owner to satisfy the requirements of1 regulations for recreational vessels1 including health and safety standards1 issued under chapter #dc of title #df1 ,united ,states ,code1 and section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb72 and 7,b7 is located at a marina leased by the ,corps of ,engineers2 and 7#b7 the ,secretary has authorized the use of recreational vessels on such waters4 2 and 7#b7 by adding at the end the following3 7c7 ,limitation on statutory construction 7#a7 ,in general ,nothing in this section may be construed to authorize the ,secretary to impose requirements on a floating cabin or on any facility that serves a floating cabin1 including marinas or docks located on waters under the jurisdiction of the ,secretary in the ,cumberland ,river basin1 that are different or more stringent than the requirements imposed on all recreational vessels authorized to use such waters4 7#b7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,vessel ,the term vessel has the meaning given that term in section #c of title #a1 ,united ,states ,code4 7,b7 ,requirement ,the term requirement includes a requirement imposed through the utilization of guidance4 4 #aadi4 ,no wake zones in navigation channels 7a7 ,in general ,at the request of a ,state or local official1 the ,secretary1 in consultation with the ,commandant of the ,coast ,guard1 shall promptly identify and1 subject to the considerations in subsection 7b71 allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by recreational vessels identified by such official1 while maintaining the navigability of the channel4 7b7 ,considerations ,in identifying measures under subsection 7a7 with respect to a covered navigation channel1 the ,secretary shall consider1 at a minimum1 whether-- 7#a7 ,state or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from recreational vessels present in the channel2 7#b7 the ,secretary has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel2 and 7#c7 the measures are consistent with any recommendations made by the ,commandant of the ,coast ,guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels4 7c7 ,covered navigation channel defined ,in this section1 the term covered navigation channel means a navigation channel that-- 7#a7 is federally marked or maintained2 7#b7 is part of the ,atlantic ,intracoastal ,waterway2 and 7#c7 is adjacent to a marina4 7d7 ,savings clause ,nothing in this section shall be construed to relieve the master1 pilot1 or other person responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section #c of the ,inland ,navigational ,rules ,act of #aihj 7#cc ,u4,s4,c4 #bjga7 or any other applicable laws or regulations governing the safe navigation of a vessel4 #aaej4 ,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 measures1 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 ,in general ,during fiscal years #bjag through #bjbb1 the ,secretary shall identify and carry out not fewer than #aj projects under this section to demonstrate technologies and designs developed in accordance with this section4 7#b7 ,project selection ,the ,secretary shall ensure that the projects are selected from all cold regions of the ,united ,states1 including the ,upper ,missouri ,river ,basin and the ,northeast4 #aaea4 ,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 predisaster mitigation measures2 7#c7 lengthening the useful life of the infrastructure2 and 7#d7 identifying risks due to sea level rise4 7b7 ,consultation and considerations ,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 #aaeb4 ,kennewick ,man 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,claimant tribes ,the term claimant tribes means the ,confederated ,tribes of the ,colville ,reservation1 the ,confederated ,tribes and ,bands of the ,yakama ,nation1 the ,nez ,perce ,tribe1 the ,confederated ,tribes of the ,umatilla ,indian ,reservation1 and the ,wanapum ,band of ,priest ,rapids4 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 human remains and repatriates the human remains to the claimant tribes4 7c7 ,terms and conditions ,the transfer shall be subject to the following terms and conditions3 7#a7 ,the release of the human remains to the claimant tribes is contingent upon the claimant tribes following the ,department's requirements in the ,revised ,code of ,washington4 7#b7 ,the claimant tribes verify to the ,department their agreement on the final burial place of the human remains4 7#c7 ,the claimant tribes verify to the ,department their agreement that the human remains will be buried in the ,state of ,washington4 7#d7 ,the claimant tribes verify to the ,department their agreement that the ,department will take legal custody of the human remains upon the transfer by the ,secretary4 7d7 ,cost ,the ,corps of ,engineers shall be responsible for any costs associated with the transfer4 7e7 ,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 #aaec4 ,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 7#b7 by redesignating subsection 7c7 as subsection 7d72 7#c7 by inserting after subsection 7b7 the following3 7c7 ,additional requirements 7#a7 ,applicable laws and regulations ,the ,secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the ,secretary4 7#b7 ,supplementary services ,the ,secretary may only accept and use services under this section that provide supplementary services to existing ,federal employees1 and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations4 2 and 7#d7 in subsection 7d7 7as redesignated by paragraph 7#b77 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 #aaed4 ,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 7b7 by striking funded and inserting reimbursed4 #aaee4 ,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 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 non-,federal public entity described in subparagraph 7,a7 may use1 to manage fee collections and reservations under this section1 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 entity that collects user fees under paragraph 7#a7-- 7,a7 may 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 shall use any retained amount for operation1 maintenance1 and management activities at the recreation site at which the fee is collected4 7#c7 ,terms and conditions ,the authority of a non-,federal public entity under this subsection shall be subject to such terms and conditions as the ,secretary determines necessary to protect the interests of the ,united ,states4 4 #aaef4 ,structures and facilities constructed by ,secretary 7a7 ,in general ,section #ad of the ,act of ,march #c1 #ahii 7#cj ,stat4 #aaeb1 chapter #dbe2 #cc ,u4,s4,c4 #djh71 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 of the activity 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 ,corps of ,engineers shall1 to the maximum extent practicable and consistent with ,federal laws-- 7i7 participate in the review as a cooperating agency 7unless the ,corps 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 must 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 applicable 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 such document1 as determined by the ,secretary1 is current and applicable4 7#c7 ,contributed funds ,the ,secretary may accept and expend funds received from non-,federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the ,united ,states4 7c7 ,timely review 7#a7 ,complete application ,on or before the date that is #cj days after the date on which the ,secretary receives an application for permission to take action affecting public projects pursuant to subsection 7a71 the ,secretary shall inform the applicant whether the application is complete and1 if it is not1 what items are needed for the application to be complete4 7#b7 ,decision ,on or before the date that is #ij days after the date on which the ,secretary receives a complete application for permission under subsection 7a71 the ,secretary shall-- 7,a7 make a decision on the application2 or 7,b7 provide a schedule to the applicant identifying when the ,secretary will make a decision on the application4 7#c7 ,notification to ,congress ,in any case in which a schedule provided under paragraph 7#b77;,b7 extends beyond #abj days from the date of receipt of a complete application1 the ,secretary shall provide to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an explanation justifying the extended timeframe for review4 4 7b7 ,guidance ,section #ajjg of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #djh;a7 is amended by adding at the end the following3 7f7 ,guidance 7#a7 ,in general ,not later than #abj days after the date of enactment of this subsection1 the ,secretary shall issue guidance on the implementation of this section4 7#b7 ,incorporation ,in issuing guidance under paragraph 7#a71 or any other regulation1 guidance1 or engineering circular related to activities covered under section #ad of the ,act of ,march #c1 #ahii 7#cj ,stat4 #aaeb1 chapter #dbe2 #cc ,u4,s4,c4 #djh71 the ,secretary shall incorporate the requirements under this section4 7g7 ,prioritization ,the ,secretary shall prioritize and complete the activities required of the ,secretary under this section4 4 #aaeg4 ,project completion 7a7 ,completion of projects and programs 7#a7 ,in general ,for any project or program of assistance authorized under section #bai of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhce71 the ,secretary is authorized to carry out the project to completion 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 as of the date of enactment of this ,act1 significant progress has been demonstrated toward completion of the project or segments of the project but the project is not complete2 and 7,c7 the benefits of the ,federal investment will not be realized without completion of the project4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ej1jjj1jjj for fiscal years #bjag through #bjba4 7b7 ,modification of projects or programs of assistance ,section #gjja7;f7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7f77 is amended by adding at the end the following3 7#e7 ,water resources development project ,the term water resources development project includes a project under an environmental infrastructure assistance program if authorized before the date of enactment of the ,water ,resources ,development ,act of #bjaf4 4 #aaeh4 ,new ,england ,district headquarters 7a7 ,in general ,subject to subsection 7b71 using amounts available in the revolving fund established by the first section of the ,act of ,july #bg1 #aiec 7#fg ,stat4 #aii1 chapter #bde2 #cc ,u4,s4,c4 #egf71 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 ,massachusetts1 for the headquarters of the ,new ,england ,district of the ,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 ,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 such first section is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section4 #aaei4 ,buffalo ,district headquarters 7a7 ,in general ,subject to subsection 7b71 using amounts available in the revolving fund established by the first section of the ,act of ,july #bg1 #aiec 7#fg ,stat4 #aii1 chapter #bde2 #cc ,u4,s4,c4 #egf71 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 ,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 ,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 such first section is appropriately reimbursed from funds appropriated for programs that receive a benefit under this section4 #aafj4 ,future facility investment ,the first section of the ,act of ,july #bg1 #aiec 7#fg ,stat4 #aii1 chapter #bde2 #cc ,u4,s4,c4 #egf71 is amended-- 7#a7 by striking ,for establishment of a revolving fund and inserting the following3 7a7 ,revolving fund ,for establishment of a revolving fund 2 and 7#b7 by adding at the end the following3 7b7 ,prohibition 7#a7 ,in general ,no funds may be expended or obligated from the revolving fund described in subsection 7a7 to newly construct1 or perform a major renovation on1 a building for use by the ,corps of ,engineers unless specifically authorized by law4 7#b7 ,statutory construction ,nothing in this subsection may be construed to-- 7,a7 change any authority provided under subchapter ,i of chapter #afi of title #aj2 or 7,b7 change the use of funds under subsection 7a7 for purposes other than those described in paragraph 7#a74 7c7 ,transmission to ,congress of prospectus ,to secure consideration for an authorization under subsection 7b71 the ,secretary shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representative and the ,committee on ,environment and ,public ,works of the ,senate a prospectus of the proposed construction or major renovation of a building that includes-- 7#a7 a brief description of the building2 7#b7 the location of the building2 7#c7 an estimate of the maximum cost to be provided by the revolving fund for the building to be constructed or renovated2 7#d7 the total size of the building after the proposed construction or major renovation2 7#e7 the number of personnel proposed to be housed in the building after the construction or major renovation2 7#f7 a statement that other suitable space owned by the ,federal ,government is not available2 7#g7 a statement of rents and other housing costs currently being paid for the tenants proposed to be housed in the building2 and 7#h7 the size of the building currently housing the tenants proposed to be housed in the building4 7d7 ,provision of building project surveys 7#a7 ,in general ,if requested by resolution by the ,committee on ,environment and ,public ,works of the ,senate or the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,secretary shall create a building project survey for the construction or major renovation of a building described in subsection 7b74 7#b7 ,report ,within a reasonable time after creating a building project survey under paragraph 7#a71 the ,secretary shall submit to ,congress a report on the survey that includes the information required to be included in a prospectus under subsection 7c74 7e7 ,major renovation defined ,in this section1 the term major renovation means a renovation or alteration of a building for use by the ,corps of ,engineers with a total expenditure of more than #bj1jjj1jjj4 4 #aafa4 ,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 a non-,federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project1 or a component of a project1 for ecosystem restoration shall cease #aj years after the date on which the ,secretary makes a determination of success under subsection 7b77#b74 7f7 ,federal obligations ,the ,secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-,federal interest is released from obligations under subsection 7e74 4 #aafb4 ,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 connectivity2 2 7,b7 in paragraph 7#f77;,c7 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 7#a7 ,in general ,the ,secretary1 with the consent of the applicable non-,federal interest1 may use funds made available for preconstruction engineering and design after authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section4 7#b7 ,notification ,prior to the expenditure of any funds for a project pursuant to paragraph 7#a71 the ,secretary shall notify the ,committee on ,appropriations and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,appropriations and the ,committee on ,environment and ,public ,works of the ,senate4 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 #aafc4 ,wetlands mitigation ,section #bjcf7;c7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcag;b7 is amended to read as follows3 7c7 ,mitigation banks and in-,lieu fee arrangements 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 the ,secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the ,secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project4 7#b7 ,requirements ,all potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph 7#a7 shall be considered a reasonable alternative for planning purposes if-- 7,a7 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 region2 and 7,b7 the ,secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory 7and regulatory7 mitigation requirements for a water resources development project are met1 including monitoring or demonstrating mitigation success4 7#c7 ,effect ,nothing in this subsection-- 7,a7 modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations1 including section #ijf of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhc72 or 7,b7 shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs4 4 #aafd4 ,debris removal ,section #c of the ,act of ,march #b1 #aide 7#ei ,stat4 #bc1 chapter #ai2 #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 #aafe4 ,disposition studies 7a7 ,in general ,in carrying out a disposition study for a project of the ,corps of ,engineers1 including a disposition study under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a7 or an assessment under section #fjjb of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acdi71 the ,secretary shall consider the extent to which the property concerned has economic1 cultural1 historic1 or recreational significance or impacts at the national1 ,state1 or local level4 7b7 ,completion of assessment and inventory ,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 #aaff4 ,transfer of excess credit ,section #ajbj7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbbc7;a77 is amended-- 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 ,application prior to completion of project ,on request of a non-,federal interest1 the credit described in paragraph 7#a7 may be applied prior to completion of a study or project1 if the credit amount is verified by the ,secretary4 4 #aafg4 ,hurricane and storm damage reduction ,section #c7;c77#b77;,b7 of the ,act of ,august #ac1 #aidf 7#fj ,stat4 #ajef1 chapter #ifj2 #cc ,u4,s4,c4 #dbf;g7c77#b77;,b771 is amended by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 #aafh4 ,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 #aafi4 ,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 7b7 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 #aagj4 ,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 #aaga4 ,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 7a7 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 7b7 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 #aagb4 ,easements for electric1 telephone1 or broadband service facilities 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 #aagc4 ,study on performance of innovative materials 7a7 ,innovative material defined ,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 including any coatings or other corrosion prevention methods used in conjunction with such materials1 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 innovative materials in reducing degradation2 7,c7 any statutory1 fiscal1 regulatory1 or other 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 under subsection 7b77#a74 #aagd4 ,conversion of surplus water agreements ,for the purposes of section #f of the ,act of ,december #bb1 #aidd 7#eh ,stat4 #hij1 chapter #ffe2 #cc ,u4,s4,c4 #gjh71 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 authorized as of the date of enactment of this section1 the ,secretary 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 #aage4 ,projects funded by the ,inland ,waterways ,trust ,fund ,beginning on ,june #aj1 #bjad1 and ending on the date of the completion of the project for navigation1 ,lower ,ohio ,river1 ,locks and ,dams #eb and #ec1 ,illinois and ,kentucky1 authorized by section #c7;a77#f7 of the ,water ,resources ,development ,act of #aihh 7#ajb ,stat4 #djac71 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 #aagf4 ,rehabilitation assistance ,section #e of the ,act of ,august #ah1 #aida 7#ee ,stat4 #fej1 chapter #cgg2 #cc ,u4,s4,c4 #gjan71 is amended-- 7#a7 in subsection 7a7 by adding at the end the following3 7#c7 ,nonstructural alternatives defined ,in this subsection1 the term nonstructural alternatives includes efforts to restore or protect natural resources1 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 ,chief of ,engineers may increase the level of protection above the level to which the system was designed1 or1 if the repair or restoration includes repair or restoration of a pumping station1 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 repair or restoration to the original design level or original capacity and the cost of achieving the higher level of protection or capacity sought by the non-,federal sponsor4 7e7 ,notice ,the ,secretary shall notify and consult with the non-,federal sponsor regarding the opportunity to request implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection 7a74 4 #aagg4 ,rehabilitation of ,corps of ,engineers constructed 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 #aagh4 ,columbia ,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 in subsection 7d7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,in carrying out this section1 the ,secretary may establish1 operate1 and maintain new or existing watercraft inspection stations to protect the ,columbia ,river ,basin to be located in the ,states of ,idaho1 ,montana1 ,oregon1 and ,washington at locations1 as determined by the ,secretary in consultation with such ,states1 with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the ,secretary4 ,the ,secretary shall also assist the ,states referred to in this paragraph with rapid response to any aquatic invasive species1 including quagga or zebra mussel1 infestation4 2 and 7,b7 in paragraph 7#c77;,a7 by inserting ,governors of the before ,states2 and 7#b7 in subsection 7e7 by striking paragraph 7#c7 and inserting the following3 7#c7 assist ,states in early detection of aquatic invasive species1 including quagga and zebra mussels2 and 4 7c7 ,tribal assistance 7#a7 ,assistance authorized 7,a7 ,in general ,upon 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 to ,indian tribes displaced as a result of the construction of the ,bonneville ,dam1 ,oregon4 7,b7 ,clarification 7i7 ,in general ,the ,secretary is authorized to provide the assistance described in subparagraph 7,a7 based on information known or studies undertaken by the ,secretary prior to the date of enactment of this subsection4 7ii7 ,additional studies ,to the extent that the ,secretary determines necessary1 the ,secretary is authorized to undertake additional studies to further examine any impacts to ,indian tribes identified in subparagraph 7,a7 beyond any information or studies identified under clause 7i71 except that the ,secretary is authorized to provide the assistance described in subparagraph 7,a7 based solely on information known or studies undertaken by the ,secretary prior to the date of enactment of this subsection4 7#b7 ,study of impacts of ,john ,day ,dam1 ,oregon ,the ,secretary shall-- 7,a7 conduct a study to determine the number of ,indian tribes displaced by the construction of the ,john ,day ,dam1 ,oregon2 and 7,b7 recommend to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a plan to provide assistance to ,indian tribes displaced as a result of the construction of the ,john ,day ,dam1 ,oregon4 #aagi4 ,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 a sediment management plan shall share in the cost of development and implementation of the plan and such cost shall be allocated among the beneficiaries in accordance with the benefits to be 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 a 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 #acaj7 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 #aahj4 ,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 #aaha4 ,salton ,sea1 ,california 7a7 ,in general ,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 heading by inserting program after restoration2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading 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 so 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 7i77 by striking the pilot2 and 7iv7 in subparagraph 7,c77i7 7as redesignated by clause 7i77-- 7,i7 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,i7 by inserting 1 ,salton ,sea ,authority1 or other non-,federal interest before the semicolon2 and 7,,iii7 in subclause 7,,ii7 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 7c7 by striking pilot4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #ajda7 is amended by striking the item relating to section #cjcb and inserting the following3 #cjcb4 ,salton ,sea restoration program1 ,california4 4 #aahb4 ,adjustment ,section #bai7;f7 of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj7 is amended-- 7#a7 in paragraph 7#be7 7#aac ,stat4 #ccf7-- 7,a7 by inserting ,berkeley1 before ,calhoun12 and 7,b7 by striking ,orangeberg1 and ,sumter and inserting and ,orangeberg2 and 7#b7 in paragraph 7#gh7 7#aba ,stat4 #abeh7-- 7,a7 in the paragraph heading by striking ,st4 ,clair ,county1 and inserting ,st4 ,clair ,county1 ,blount ,county1 and ,cullman ,county12 and 7,b7 by striking ,st4 ,clair ,county1 and inserting ,st4 ,clair ,county1 ,blount ,county1 and ,cullman ,county14 #aahc4 ,coastal engineering 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#a7 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 the beneficial reuse of 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 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 assets4 7c7 ,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 and 7,d7 recommendations for the demonstration of methodologies for resilience through the use of natural and nature-based infrastructure approaches1 as appropriate4 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 7d7 ,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 7c77#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 7e7 ,reports ,the ,secretary shall submit in the #bjai annual report submitted to ,congress in accordance with section #h of the ,act of ,august #aa1 #ahhh 7#be ,stat4 #dbd1 chapter #hfj2 #cc ,u4,s4,c4 #eef71 and section #ibe7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbie7;b77 all reports and recommendations prepared under this section1 together with any necessary supporting documentation4 #aahd4 ,consideration of measures 7a7 ,definitions ,in this section1 the following definitions apply3 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 provide risk reduction in coastal areas by acting in concert with natural processes4 7b7 ,requirement ,in studying the feasibility of projects for flood risk management1 hurricane and storm damage reduction1 and ecosystem restoration the ,secretary shall1 with the consent of the non-,federal sponsor of the feasibility study1 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 and #e and #aj years thereafter1 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 #aahe4 ,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 ,the membership of 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 permits 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 a new permit fee structure based on the findings of the study described in subparagraph 7,a74 #aahf4 ,rural western water ,section #eie of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #chc2 #abh ,stat4 #acaf7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 7#b7 by inserting after subsection 7g7 the following3 7h7 ,eligibility 7#a7 ,in general ,assistance under this section shall be made available to all eligible ,states and locales described in subsection 7b7 consistent with program priorities determined by the ,secretary in accordance with criteria developed by the ,secretary to establish the program priorities4 7#b7 ,selection of projects ,in selecting projects for assistance under this section1 the ,secretary shall give priority to a project located in an eligible ,state or local entity for which the project sponsor is prepared to-- 7,a7 execute a new or amended project cooperation agreement2 and 7,b7 commence promptly after the date of enactment of the ,water ,resources ,development ,act of #bjaf4 7#c7 ,rural projects ,the ,secretary shall consider a project authorized under this section and an environmental infrastructure project authorized under section #bai of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhce7 for new starts on the same basis as any other similarly funded project4 2 and 7#c7 in subsection 7i7 7as redesignated by paragraph 7#a77 by striking which shall-- and all that follows through remain and inserting to remain4 #aahg4 ,interstate compacts ,section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7 is amended by striking subsection 7f74 #aahh4 ,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 and 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 with the involvement of regional bodies4 #aahi4 ,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 ,b ,studies #abja4 ,authorization of proposed feasibility studies ,the ,secretary is authorized to conduct a feasibility study for the following projects for water resources development and conservation and other purposes1 as identified in the reports titled ,report to ,congress on ,future ,water ,resources ,development submitted to ,congress on ,january #bi1 #bjae1 and ,january #bi1 #bjaf1 respectively1 pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 or otherwise reviewed by ,congress3 7#a7 ,ouachita-,black ,rivers1 ,arkansas and ,louisiana ,project for navigation1 ,ouachita-,black ,rivers1 ,arkansas and ,louisiana4 7#b7 ,cache ,creek ,settling ,basin1 ,california ,project for flood damage reduction and ecosystem restoration1 ,cache ,creek ,settling ,basin1 ,california4 7#c7 ,coyote ,valley ,dam1 ,california ,project for flood control1 water conservation1 and related purposes1 ,russian ,river ,basin1 ,california1 authorized by the ,river and ,harbor ,act of #aiej 7#fd ,stat4 #agg71 to modify the ,coyote ,valley ,dam to add environmental restoration as a project purpose and to increase water supply and improve reservoir operations4 7#d7 ,del ,rosa ,channel1 city of ,san ,bernardino1 ,california ,project for flood damage reduction and ecosystem restoration1 ,del ,rosa ,channel1 city of ,san ,bernardino1 ,california4 7#e7 ,merced ,county ,streams1 ,california ,project for flood damage reduction1 ,merced ,county ,streams1 ,california4 7#f7 ,mission-,zanja ,channel1 cities of ,san ,bernardino and ,redlands1 ,california ,project for flood damage reduction and ecosystem restoration1 ,mission-,zanja ,channel1 cities of ,san ,bernardino and ,redlands1 ,california4 7#g7 ,soboba ,indian ,reservation1 ,california ,project for flood damage reduction1 ,soboba ,indian ,reservation1 ,california4 7#h7 ,indian ,river ,inlet1 ,delaware ,project for hurricane and storm damage reduction1 ,indian ,river ,inlet1 ,delaware4 7#i7 ,lewes ,beach1 ,delaware ,project for hurricane and storm damage reduction1 ,lewes ,beach1 ,delaware4 7#aj7 ,mispillion ,complex1 ,kent and ,sussex ,counties1 ,delaware ,project for hurricane and storm damage reduction1 ,mispillion ,complex1 ,kent and ,sussex ,counties1 ,delaware4 7#aa7 ,daytona ,beach1 ,florida ,project for flood damage reduction1 ,daytona ,beach1 ,florida4 7#ab7 ,brunswick ,harbor1 ,georgia ,project for navigation1 ,brunswick ,harbor1 ,georgia4 7#ac7 ,dubuque1 ,iowa ,project for flood damage reduction1 ,dubuque1 ,iowa4 7#ad7 ,st4 ,tammany ,parish1 ,louisiana ,project for flood damage reduction and ecosystem restoration1 ,st4 ,tammany ,parish1 ,louisiana4 7#ae7 ,cattaraugus ,creek1 ,new ,york ,project for flood damage reduction1 ,cattaraugus ,creek1 ,new ,york4 7#af7 ,cayuga ,inlet1 ,ithaca1 ,new ,york ,project for navigation and flood damage reduction1 ,cayuga ,inlet1 ,ithaca1 ,new ,york4 7#ag7 ,delaware ,river ,basin1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 and ,delaware ,projects for flood control1 ,delaware ,river ,basin1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 and ,delaware1 authorized by section #djh of the ,act of ,july #bd1 #aidf 7#fj ,stat4 #fdd1 chapter #eif71 and section #bjc of the ,flood ,control ,act of #aifb 7#gf ,stat4 #aahb71 to review operations of the projects to enhance opportunities for ecosystem restoration and water supply4 7#ah7 ,silver ,creek1 ,hanover1 ,new ,york ,project for flood damage reduction and ecosystem restoration1 ,silver ,creek1 ,hanover1 ,new ,york4 7#ai7 ,stonycreek and ,little ,conemaugh ,rivers1 ,pennsylvania ,project for flood damage reduction and recreation1 ,stonycreek and ,little ,conemaugh ,rivers1 ,pennsylvania4 7#bj7 ,tioga-,hammond ,lake1 ,pennsylvania ,project for ecosystem restoration1 ,tioga-,hammond ,lake1 ,pennsylvania4 7#ba7 ,brazos ,river1 ,fort ,bend ,county1 ,texas ,project for flood damage reduction in the vicinity of the ,brazos ,river1 ,fort ,bend ,county1 ,texas4 7#bb7 ,chacon ,creek1 city of ,laredo1 ,texas ,project for flood damage reduction1 ecosystem restoration1 and recreation1 ,chacon ,creek1 city of ,laredo1 ,texas4 7#bc7 ,corpus ,christi ,ship ,channel1 ,texas ,project for navigation1 ,corpus ,christi ,ship ,channel1 ,texas4 7#bd7 ,city of ,el ,paso1 ,texas ,project for flood damage reduction1 city of ,el ,paso1 ,texas4 7#be7 ,gulf ,intracoastal ,waterway1 ,brazoria and ,matagorda ,counties1 ,texas ,project for navigation and hurricane and storm damage reduction1 ,gulf ,intracoastal ,waterway1 ,brazoria and ,matagorda ,counties1 ,texas4 7#bf7 ,port of ,bay ,city1 ,texas ,project for navigation1 ,port of ,bay ,city1 ,texas4 7#bg7 ,chincoteague ,island1 ,virginia ,project for hurricane and storm damage reduction1 navigation1 and ecosystem restoration1 ,chincoteague ,island1 ,virginia4 7#bh7 ,burley ,creek ,watershed1 ,kitsap ,county1 ,washington ,project for flood damage reduction and ecosystem restoration1 ,burley ,creek ,watershed1 ,kitsap ,county1 ,washington4 7#bi7 ,savannah ,river below ,augusta1 ,georgia ,project for ecosystem restoration1 water supply1 recreation1 and flood control1 ,savannah ,river below ,augusta1 ,georgia4 7#cj7 ,johnstown1 ,pennsylvania ,project for flood damage reduction1 ,johnstown1 ,pennsylvania4 #abjb4 ,additional studies 7a7 ,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 #fde1 chapter #cgg74 7#b7 ,requirements ,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#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 ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccja77 is classified as ,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 7b7 ,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 7c7 ,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 7#b7 in subsection 7d7 by striking the ,secretary of ,homeland ,security and inserting the ,secretary of the department in which the ,coast ,guard is operating2 and 7#c7 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 the department in which the ,coast ,guard is operating to identify benefits in carrying out the missions specified in section #hhh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfh7 associated with an ,arctic deep draft port2 7#b7 shall consult with the ,secretary of ,defense to identify national security benefits associated with an ,arctic deep draft port2 and 7#c7 may consider such benefits in determining whether an ,arctic deep draft port is feasible4 4 7d7 ,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 #abjc4 ,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 7a7 by striking conduct a study to determine the feasibility of carrying out projects and inserting carry out a comprehensive assessment and management plan2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading by striking ,study and inserting ,assessment and plan2 and 7,b7 in the matter preceding paragraph 7#a7 by striking study and inserting assessment and plan2 and 7#c7 in subsection 7c77#a7 by striking study and inserting assessment and plan4 #abjd4 ,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 ,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 the risks and vulnerabilities of the areas described in subsection 7a7 due to increased hurricane and storm damage as a result of sea level rise4 #abje4 ,texas coastal area ,in carrying out the comprehensive plan 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 and information developed by the ,gulf ,coast ,community ,protection and ,recovery ,district to expedite completion of the plan4 #abjf4 ,upper ,mississippi and ,illinois ,rivers 7a7 ,in general ,the ,secretary shall conduct a study of the riverine areas located within the ,upper ,mississippi ,river and ,illinois ,river basins to identify the risks and vulnerabilities of those areas to increased flood damages4 7b7 ,requirements ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 conduct a comprehensive analysis of flood risk management measures to maintain or enhance current levels of protection2 7#b7 identify risks and vulnerabilities in the areas affected by flooding2 7#c7 recommend specific measures and actions to address the risks and vulnerabilities described in paragraph 7#b72 7#d7 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#e7 develop basinwide hydrologic models for the ,upper ,mississippi ,river ,system and improve analytical methods needed to produce scientifically based recommendations for improvements to flood risk management2 and 7#f7 develop a long-term strategy for-- 7,a7 addressing increased flood damages2 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 ,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 and make publicly available a report describing the results of the study conducted under subsection 7b74 #abjg4 ,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 ,c ,deauthorizations1 ,modifications1 and ,related ,provisions #acja4 ,deauthorization of inactive projects 7a7 ,purposes ,the purposes of this section are-- 7#a7 to identify #aj1jjj1jjj1jjj in water resources development projects authorized by ,congress that are no longer viable for construction due to-- 7,a7 a lack of local support2 7,b7 a lack of available ,federal or non-,federal resources2 or 7,c7 an authorizing purpose that is no longer relevant or feasible2 7#b7 to create an expedited and definitive process for ,congress to deauthorize water resources development projects that are no longer viable for construction2 and 7#c7 to allow the continued authorization of water resources development projects that are viable for construction4 7b7 ,interim deauthorization list 7#a7 ,in general ,the ,secretary shall develop an interim deauthorization list that identifies-- 7,a7 each water resources development project1 or separable element of a project1 authorized for construction before ,november #h1 #bjjg1 for which-- 7i7 planning1 design1 or construction was not initiated before the date of enactment of this ,act2 or 7ii7 planning1 design1 or construction was initiated before the date of enactment of this ,act1 but for which no funds1 ,federal or non-,federal1 were obligated for planning1 design1 or construction of the project or separable element of the project during the current fiscal year or any of the #f preceding fiscal years2 and 7,b7 each project or separable element identified and included on a list to ,congress for deauthorization pursuant to section #ajja7;b77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a7b77#b774 7#b7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit comments from the public and the ,governors of each applicable ,state on the interim deauthorization list developed under paragraph 7#a74 7,b7 ,comment period ,the public comment period shall be #ij days4 7#c7 ,submission to congress2 publication ,not later than #ij days after the date of the close of the comment period under paragraph 7#b71 the ,secretary shall-- 7,a7 submit a revised interim deauthorization list to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,b7 publish the revised interim deauthorization list in the ,federal ,register4 7c7 ,final deauthorization list 7#a7 ,in general ,the ,secretary shall develop a final deauthorization list of water resources development projects1 or separable elements of projects1 from the revised interim deauthorization list described in subsection 7b77#c74 7#b7 ,deauthorization amount 7,a7 ,proposed final list ,the ,secretary shall prepare a proposed final deauthorization list of projects and separable elements of projects that have1 in the aggregate1 an estimated ,federal cost to complete that is at least #aj1jjj1jjj1jjj4 7,b7 ,determination of ,federal cost to complete ,for purposes of subparagraph 7,a71 the ,federal cost to complete shall take into account any allowances authorized by section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj71 as applied to the most recent project schedule and cost estimate4 7#c7 ,identification of projects 7,a7 ,sequencing of projects 7i7 ,in general ,the ,secretary shall identify projects and separable elements of projects for inclusion on the proposed final deauthorization list according to the order in which the projects and separable elements of the projects were authorized1 beginning with the earliest authorized projects and separable elements of projects and ending with the latest project or separable element of a project necessary to meet the aggregate amount under paragraph 7#b77;,a74 7ii7 ,factors to consider ,the ,secretary may identify projects and separable elements of projects in an order other than that established by clause 7i7 if the ,secretary determines1 on a case-by-case basis1 that a project or separable element of a project is critical for interests of the ,united ,states1 based on the possible impact of the project or separable element of the project on public health and safety1 the national economy1 or the environment4 7iii7 ,consideration of public comments ,in making determinations under clause 7ii71 the ,secretary shall consider any comments received under subsection 7b77#b74 7,b7 ,appendix ,the ,secretary shall include as part of the proposed final deauthorization list an appendix that-- 7i7 identifies each project or separable element of a project on the interim deauthorization list developed under subsection 7b7 that is not included on the proposed final deauthorization list2 and 7ii7 describes the reasons why the project or separable element is not included on the proposed final list4 7#d7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit comments from the public and the ,governor of each applicable ,state on the proposed final deauthorization list and appendix developed under paragraphs 7#b7 and 7#c74 7,b7 ,comment period ,the public comment period shall be #ij days4 7#e7 ,submission of final list to ,congress2 publication ,not later than #abj days after the date of the close of the comment period under paragraph 7#d71 the ,secretary shall-- 7,a7 submit a final deauthorization list and an appendix to the final deauthorization list in a report to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,b7 publish the final deauthorization list and the appendix to the final deauthorization list in the ,federal ,register4 7d7 ,deauthorization2 congressional review 7#a7 ,in general ,after the expiration of the #ahj-;day period beginning on the date of submission of the final deauthorization list and appendix under subsection 7c71 a project or separable element of a project identified in the final deauthorization list is hereby deauthorized1 unless ,congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period4 7#b7 ,non-,federal contributions 7,a7 ,in general ,a project or separable element of a project identified in the final deauthorization list under subsection 7c7 shall not be deauthorized under this subsection if1 before the expiration of the #ahj-;day period referred to in paragraph 7#a71 the non-,federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project4 7,b7 ,treatment of projects ,notwithstanding subparagraph 7,a71 each project and separable element of a project identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection 7c77#b77;,a74 7#c7 ,projects identified in appendix ,a project or separable element of a project identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by ,congress4 7e7 ,special rule for projects receiving funds for post-,authorization study ,a project or separable element of a project may not be identified on the interim deauthorization list developed under subsection 7b71 or the final deauthorization list developed under subsection 7c71 if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the #f preceding fiscal years4 7f7 ,general provisions 7#a7 ,definitions ,in this section1 the following definitions apply3 7,a7 ,post-authorization study ,the term post-authorization study means-- 7i7 a feasibility report developed under section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb72 7ii7 a feasibility study1 as defined in section #aje7;d7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae7;d772 or 7iii7 a review conducted under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a71 including an initial appraisal that-- 7,i7 demonstrates a ,federal interest2 and 7,,ii7 requires additional analysis for the project or separable element4 7,b7 ,water resources development project ,the term water resources development project includes an environmental infrastructure assistance project or program of the ,corps of ,engineers4 7#b7 ,treatment of project modifications ,for purposes of this section1 if an authorized water resources development project or separable element of the project has been modified by an ,act of ,congress1 the date of the authorization of the project or separable element shall be deemed to be the date of the most recent modification4 7g7 ,repeal ,subsection 7a7 and subsections 7c7 through 7f7 of section #fjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #egi;b7 are repealed4 #acjb4 ,backlog prevention 7a7 ,project deauthorization 7#a7 ,in general ,a water resources development project1 or separable element of such a project1 authorized for construction by this ,act shall not be authorized after the last day of the #aj-year period beginning on the date of enactment of this ,act unless-- 7,a7 funds have been obligated for construction of1 or a post-authorization study for1 such project or separable element during that period2 or 7,b7 the authorization contained in this ,act has been modified by a subsequent ,act of ,congress4 7#b7 ,identification of projects ,not later than #fj days after the expiration of the #aj-year period referred to in paragraph 7#a71 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that identifies the projects deauthorized under paragraph 7#a74 7b7 ,report to ,congress ,not later than #fj days after the expiration of the #ab-year period beginning on 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 ,representatives1 and make available to the public1 a report that contains-- 7#a7 a list of any water resources development projects authorized by this ,act for which construction has not been completed during that period2 7#b7 a description of the reasons the projects were not completed2 7#c7 a schedule for the completion of the projects based on expected levels of appropriations2 and 7#d7 a #e-year and #aj-year projection of construction backlog and any recommendations to ,congress regarding how to mitigate current problems and the backlog4 #acjc4 ,valdez1 ,alaska 7a7 ,in general ,subject to subsection 7b71 the portion of the project for navigation1 ,valdez1 ,alaska1 identified as ,tract ,g1 ,harbor ,subdivision1 shall not be subject to navigational servitude beginning on the date of enactment of this ,act4 7b7 ,entry by ,federal ,government ,the ,federal ,government may enter upon the property referred to in subsection 7a7 to carry out any required operation and maintenance of the general navigation features of the project referred to in subsection 7a74 #acjd4 ,los ,angeles ,county ,drainage ,area1 ,los ,angeles ,county1 ,california 7a7 ,in general ,the ,secretary shall-- 7#a7 prioritize the updating of the water control manuals for control structures for the project for flood control1 ,los ,angeles ,county ,drainage ,area1 ,los ,angeles ,county1 ,california1 authorized by section #aja7;b7 of the ,water ,resources ,development ,act of #aiij 7,public ,law #aja-fdj2 #ajd ,stat4 #dfaa72 and 7#b7 integrate and incorporate into the project seasonal operations for water conservation and water supply4 7b7 ,participation ,the update referred to in subsection 7a7 shall be done in coordination with all appropriate ,federal agencies1 elected officials1 and members of the public4 #acje4 ,sutter ,basin1 ,california 7a7 ,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 in item #h of the table contained in section #gjjb7b7 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 7b7 ,savings provisions ,the deauthorization under subsection 7a7 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 in item #h of the table contained in section #gjjb7b7 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-- 7,a7 section #b of the ,act of ,march #a1 #aiag 7#ci ,stat4 #idi1 chapter #add72 7,b7 section #aj of the ,act of ,december #bb1 #aidd 7#eh ,stat4 #ijj1 chapter #ffe72 7,c7 section #bjd of the ,flood ,control ,act of #aiej 7#fd ,stat4 #agg1 chapter #ahh72 and 7,d7 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 #acjf4 ,essex ,river1 ,massachusetts 7a7 ,deauthorization ,the portions of the project for navigation1 ,essex ,river1 ,massachusetts1 authorized by the ,act of ,july #ac1 #ahib 7#bg ,stat4 #hh1 chapter #aeh71 and modified by the ,act of ,march #c1 #ahii 7#cj ,stat4 #aaba1 chapter #dbe71 and the ,act of ,march #b1 #aijg 7#cd ,stat4 #ajgc1 chapter #beji71 that do not lie within the areas described in subsection 7b7 are no longer authorized beginning on the date of enactment of this ,act4 7b7 ,description of project areas ,the areas described in this subsection are as follows3 ,beginning at a point ,n#cjefaci4hb ,e#heaghj4ba1 thence southwesterly about #aef4hh feet to a point ,n#cjeeiig4ge ,e#heagac4fg2 thence southwesterly about #fd4ei feet to a point ,n#cjeeiei4cg ,e#heaffa4gb2 thence southwesterly about #ade4ad feet to a point ,n#cjeehhg4aj ,e#heaece4he2 thence southwesterly about #bjd4ia feet to a point ,n#cjeehee4ab ,e#heaccc4de2 thence northwesterly about #dbc4ej feet to a point ,n#cjeeigf4gj ,e#hejibg4gh2 thence northwesterly about #eh4gg feet to a point ,n#cjefjjb4ii ,e#hejhge4ba2 thence northwesterly about #bdj4eg feet to a point ,n#cjefbcb4hb ,e#hejhjd4ad2 thence northwesterly about #bjc4fj feet to a point ,n#cjefdce4da ,e#hejghc4ic2 thence northwesterly about #gh4fc feet to a point ,n#cjefdii4fc ,e#hejgch4ef2 thence northwesterly about #fj4jj feet to a point ,n#cjefebf4cj ,e#hejfhd4ha2 thence southwesterly about #he4ef feet to a point ,n#cjefebc4cc ,e#hejeii4ca2 thence southwesterly about #cf4bj feet to a point ,n#cjefeab4cg ,e#hejefd4ha2 thence southwesterly about #hj4aj feet to a point ,n#cjefdfg4jh ,e#hejdih4gd2 thence southwesterly about #afi4je feet to a point ,n#cjefccd4cf ,e#hejcid4jc2 thence northwesterly about #dh4eb feet to a point ,n#cjefced4ch ,e#hejcdi4hc2 thence northeasterly about #hc4ga feet to a point ,n#cjefdcf4ce ,e#hejcff4hd2 thence northeasterly about #bab4ch feet to a point ,n#cjefedh4gj ,e#hejedg4jg2 thence northeasterly about #dg4fj feet to a point ,n#cjefefc4ab ,e#hejeib4dc2 thence northeasterly about #aja4af feet to a point ,n#cjefeff4fb ,e#hejfic4ec2 thence southeasterly about #hj4bb feet to a point ,n#cjefecj4ig ,e#hejgfe4dj2 thence southeasterly about #ii4bi feet to a point ,n#cjefddi4hh ,e#hejhbb4fi2 thence southeasterly about #baj4ab feet to a point ,n#cjefbdj4gi ,e#hejhdc4ed2 thence southeasterly about #bai4df feet to a point ,n#cjefjca4ac ,e#hejijh4ch2 thence southeasterly about #ch4bc feet to a point ,n#cjefjad4jb ,e#hejidb4eg2 thence southeasterly about #daj4ic feet to a point ,n#cjeehif4jf ,e#heaccf4ba2 thence northeasterly about #ahh4dc feet to a point ,n#cjeeibe4df ,e#heaebb4cc2 thence northeasterly about #ace4dg feet to a point ,n#cjeeiib4ia ,e#heafci4hj2 thence northeasterly about #eb4ae feet to a point ,n#cjefjbc4ij ,e#heafha4ge2 thence northeasterly about #ia4eg feet to a point ,n#cjefajf4hb ,e#heagbj4ei4 #acjg4 ,port of ,cascade ,locks1 ,oregon 7a7 ,extinguishment of portions of existing flowage easement ,with respect to the properties described in subsection 7b71 beginning on the date of enactment of this ,act1 the flowage easements described in subsection 7c7 are extinguished above elevation #hb4b feet 7,,ngvd#bi71 the ordinary high water line4 7b7 ,affected properties ,the properties described in this subsection1 as recorded in ,hood ,river ,county1 ,oregon1 are as follows3 7#a7 ,lots #c1 #d1 #e1 and #g of the ,port of ,cascade ,locks ,business ,park subdivision1 ,instrument ,number #bjad-jjdcf4 7#b7 ,parcels #a1 #b1 and #c of ,hood ,river ,county ,partition1 ,plat ,number #bjjh-be,p4 7c7 ,flowage easements ,the flowage easements described in this subsection are identified as ,tracts #cjb;,e-#a and #cjd;,e-#a on the easement deeds recorded as instruments in ,hood ,river ,county1 ,oregon1 and described as follows3 7#a7 ,a flowage easement dated ,october #c1 #aicf1 recorded ,december #a1 #aicf1 book #be1 page #eca 7,records of ,hood ,river ,county1 ,oregon71 in favor of the ,united ,states 7#cjb;,e-#a-,perpetual ,flowage ,easement from #aj_/e_/cg1 #aj_/e_/cf1 and #aj_/c_/cf2 previously acquired as ,tracts ,,oh-#cf and ,,oh-#da and a portion of ,tract ,,oh-#dg74 7#b7 ,a flowage easement dated ,october #e1 #aicf1 recorded ,october #ag1 #aicf1 book #be1 page #dgf 7,records of ,hood ,river ,county1 ,oregon71 in favor of the ,united ,states1 affecting that portion below the #id-;foot contour line above main sea level 7#cjd ,e#a-,perpetual ,flowage ,easement from #h_/aj_/cg and #aj_/c_/cf2 previously acquired as ,tract ,,oh-#jdb and a portion of ,tract ,,oh-#dg74 7d7 ,federal liabilities2 cultural1 environmental1 and other regulatory reviews 7#a7 ,federal liability ,the ,united ,states shall not be liable for any injury caused by the extinguishment of an easement under this section4 7#b7 ,cultural and environmental regulatory actions ,nothing in this section establishes any cultural or environmental regulation relating to the properties described in subsection 7b74 7e7 ,effect on other rights ,nothing in this section affects any remaining right or interest of the ,corps of ,engineers in the properties described in subsection 7b74 #acjh4 ,central ,delaware ,river1 ,philadelphia1 ,pennsylvania 7a7 ,area ,to ,be declared nonnavigable ,subject to subsection 7c71 unless the ,secretary finds1 after consultation with local and regional public officials 7including local and regional public planning organizations71 that there are substantive objections1 those portions of the ,delaware ,river1 bounded by the former bulkhead and pierhead lines that were established by the ,secretary of ,war and successors and described as follows1 are declared to be nonnavigable 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 #ec1 #dh1 #df1 #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 ,piers #bd1 #be1 #bg-ce1 #ce4e1 #cf1 #cg1 #ch1 #ci1 #di1 #ea-eb1 #ec-eg1 #eh-fe1 #ff1 #fg1 #fi1 #gj-gb1 and ,rivercenter4 7b7 ,public interest determination ,the ,secretary shall make the public interest determination under subsection 7a7 separately for each proposed project to be undertaken within the boundaries described in subsection 7a71 using reasonable discretion1 not later than #aej days after the date of submission of appropriate plans for the proposed project4 7c7 ,limits on applicability ,the declaration under subsection 7a7 shall apply only to those parts of the areas described in subsection 7a7 that are or will be bulkheaded and filled or otherwise occupied by permanent structures1 including marina and recreation facilities4 #acji4 ,huntingdon ,county1 ,pennsylvania 7a7 ,in general ,the ,secretary shall-- 7#a7 prioritize the updating of the master plan for the ,juniata ,river and tributaries project1 ,huntingdon ,county1 ,pennsylvania1 authorized by section #bjc of the ,flood ,control ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aahb72 and 7#b7 ensure that alternatives for additional recreation access and development at the project are fully assessed1 evaluated1 and incorporated as a part of the update4 7b7 ,participation ,the update referred to in subsection 7a7 shall be done in coordination with all appropriate ,federal agencies1 elected officials1 and members of the public4 7c7 ,inventory ,in carrying out the update under subsection 7a71 the ,secretary shall include an inventory of those lands that are not necessary to carry out the authorized purposes of the project4 #acaj4 ,rivercenter1 ,philadelphia1 ,pennsylvania ,section #ch7;c7 of the ,water ,resources ,development ,act of #aihh 7#cc ,u4,s4,c4 #ei;j-#a7;c77 is amended-- 7#a7 by striking 7except #cj years from such date of enactment1 in the case of the area or any part thereof described in subsection 7a77#e772 and 7#b7 by adding at the end the following3 ,notwithstanding the preceding sentence1 the declaration of nonnavigability for the area described in subsection 7a77#e71 or any part thereof1 shall not expire44 #acaa4 ,salt ,creek1 ,graham1 ,texas 7a7 ,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 #bgh71 is no longer authorized as a ,federal project beginning on the date of enactment of this ,act4 7b7 ,certain project-,related claims ,the non-,federal interest for the project shall hold and save the ,united ,states harmless from any claim that has arisen1 or that may arise1 in connection with the project4 7c7 ,transfer ,the ,secretary is authorized to transfer any land acquired by the ,federal ,government for the project on behalf of the non-,federal interest that remains in ,federal ownership on or after the date of enactment of this ,act to the non-,federal interest4 7d7 ,reversion ,if the ,secretary determines that land transferred under subsection 7c7 ceases to be owned by the public1 all right1 title1 and interest in and to the land and improvements thereon shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 #acab4 ,texas ,city ,ship ,channel1 ,texas ,city1 ,texas 7a7 ,in general ,the portion of the ,texas ,city ,ship ,channel1 ,texas ,city1 ,texas1 described in subsection 7b7 shall not be subject to navigational servitude beginning on the date of enactment of this ,act4 7b7 ,description ,the portion of the ,texas ,city ,ship ,channel described in this subsection is a tract or parcel containing #cic4ec acres 7#ag1adb1aaa square feet7 of land situated in the ,city of ,texas ,city ,survey1 ,abstract ,number #fha1 and ,state of ,texas ,submerged ,lands ,tracts #ih;,a and #ii;,a1 ,galveston ,county1 ,texas1 said #cic4ec acre tract being more particularly described as follows3 7#a7 ,beginning at the intersection of an edge of fill along ,galveston ,bay with the most northerly east survey line of said ,city of ,texas ,city ,survey1 ,abstract ,no4 #fha1 the same being a called #cge4ge acre tract patented by the ,state of ,texas to the ,city of ,texas ,city and recorded in ,volume #aida1 ,page #gej of the ,galveston ,county ,deed ,records 7,g4,c4,d4,r471 from which a found ,u4,s4 ,army ,corps of ,engineers ,brass ,cap stamped ,r #d-c set in the top of the ,texas ,city ,dike along the east side of ,bay ,street bears ,north #ef #ad' #cb0 ,west1 a distance of #f1jde4ca feet and from which a found ,u4,s4 ,army ,corps of ,engineers ,brass ,cap stamped ,r #d-b set in the top of the ,texas ,city ,dike along the east side of ,bay ,street bears ,north #di #ac' #bj0 ,west1 a distance of #f1fic4fd feet4 7#b7 ,thence1 over and across said ,state ,tracts #ih;,a and #ii;,a and along the edge of fill along said ,galveston ,bay1 the following #h courses and distances3 7,a7 ,south #ge #di' #ac0 ,east1 a distance of #bih4jh feet to an angle point of the tract herein described4 7,b7 ,south #ha #af' #bf0 ,east1 a distance of #agj4eh feet to an angle point of the tract herein described4 7,c7 ,south #gi #bj' #ca0 ,east1 a distance of #hjb4cd feet to an angle point of the tract herein described4 7,d7 ,south #ge #eg' #cb0 ,east1 a distance of #hfi4fh feet to a point for the beginning of a non-tangent curve to the right4 7,e7 ,easterly along said non-tangent curve to the right having a radius of #gcf4hj feet1 a central angle of #bd #ee' #ei01 a chord of ,south #fh #dg' #ce0 ,east - #cah4aj feet1 and an arc length of #cbj4fc feet to a point for the beginning of a non-tangent curve to the left4 7,f7 ,easterly along said non-tangent curve to the left having a radius of #cgc4cj feet1 a central angle of #ca #eg' #db01 a chord of ,south #ff #aj' #db0 ,east - #bje4ee feet1 and an arc length of #bjh4bd feet to a point for the beginning of a non-tangent curve to the right4 7,g7 ,easterly along said non-tangent curve to the right having a radius of #ae1dej4hi feet1 a central angle of #jb #jd' #aj01 a chord of ,south #ha #ef' #bj0 ,east - #eeh4jd feet1 and an arc length of #eeh4jg feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described4 7,h7 ,southerly along said compound curve to the right and the easterly line of the tract herein described1 having a radius of #a1dbe4jj feet1 a central angle of #acc #jh' #jj01 a chord of ,south #ad #bj' #ae0 ,east - #b1fad4id feet1 and an arc length of #c1caa4ae feet to a point on a line lying #abe4jj feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described4 7#c7 ,thence1 continuing over and across said ,state ,tracts #ih;,a and #ii;,a and along lines lying #abe4jj feet northerly of1 parallel1 and concentric with the centerline of said existing levee1 the following #ab courses and distances3 7,a7 ,north #gh #ja' #eh0 ,west1 a distance of #hdj4ij feet to an angle point of the tract herein described4 7,b7 ,north #gf #eh' #ce0 ,west1 a distance of #igf4ff feet to an angle point of the tract herein described4 7,c7 ,north #gf #dd' #cc0 ,west1 a distance of #a1geg4jc feet to a point for the beginning of a tangent curve to the left4 7,d7 ,southwesterly1 along said tangent curve to the left having a radius of #ahe4jj feet1 a central angle of #hb #bg' #cb01 a chord of ,south #fb #ja' #da0 ,west - #bdc4hf feet1 and an arc length of #bff4be feet to a point for the beginning of a compound curve to the left4 7,e7 ,southerly1 along said compound curve to the left having a radius of #d1ece4eh feet1 a central angle of #aa #jf' #eh01 a chord of ,south #ae #ad' #bf0 ,west - #hgh4ei feet1 and an arc length of #hgi4ig feet to an angle point of the tract herein described4 7,f7 ,south #fd #cg' #aa0 ,west1 a distance of #adf4jc feet to an angle point of the tract herein described4 7,g7 ,south #fg #jh' #ba0 ,west1 a distance of #aid4db feet to an angle point of the tract herein described4 7,h7 ,north #cd #dh' #bb0 ,west1 a distance of #ghi4fi feet to an angle point of the tract herein described4 7,i7 ,south #db #dg' #aj0 ,west1 a distance of #afa4ja feet to an angle point of the tract herein described4 7,j7 ,south #db #dg' #aj0 ,west1 a distance of #add4ff feet to a point for the beginning of a tangent curve to the right4 7,k7 ,westerly1 along said tangent curve to the right having a radius of #caj4jj feet1 a central angle of #ei #ej' #bh01 a chord of ,south #gb #db' #bd0 ,west - #cji4bf feet1 and an arc length of #cbc4gg feet to an angle point of the tract herein described4 7,l7 ,north #gg #bb' #ba0 ,west1 a distance of #eia4da feet to the intersection of said parallel line with the edge of fill adjacent to the easterly edge of the ,texas ,city ,turning ,basin for the southwesterly corner of the tract herein described1 from which a found ,u4,s4 ,army ,corps of ,engineers ,brass ,cap stamped ,,swan #b set in the top of a concrete column set flush in the ground along the north bank of ,swan ,lake bears ,south #bj #ea' #eh0 ,west1 a distance of #d1hfb4fg feet4 7#d7 ,thence1 over and across said ,city of ,texas ,city ,survey and along the edge of fill adjacent to the easterly edge of said ,texas ,city ,turning ,basin1 the following #ah courses and distances3 7,a7 ,north #ja #cd' #ai0 ,east1 a distance of #eg4dj feet to an angle point of the tract herein described4 7,b7 ,north #je #jb' #ac0 ,west1 a distance of #afa4he feet to an angle point of the tract herein described4 7,c7 ,north #jf #ja' #ef0 ,east1 a distance of #big4ge feet to an angle point of the tract herein described4 7,d7 ,north #jf #ah' #jg0 ,west1 a distance of #ga4cc feet to an angle point of the tract herein described4 7,e7 ,north #jg #ba' #ji0 ,west1 a distance of #abb4de feet to an angle point of the tract herein described4 7,f7 ,north #bf #da' #ae0 ,west1 a distance of #df4jb feet to an angle point of the tract herein described4 7,g7 ,north #ja #ca' #ei0 ,west1 a distance of #bai4gh feet to an angle point of the tract herein described4 7,h7 ,north #ae #ed' #jg0 ,west1 a distance of #ajd4hi feet to an angle point of the tract herein described4 7,i7 ,north #jd #jj' #cd0 ,east1 a distance of #gb4id feet to an angle point of the tract herein described4 7,j7 ,north #jf #df' #ch0 ,west1 a distance of #gh4hi feet to an angle point of the tract herein described4 7,k7 ,north #ab #jg' #ei0 ,west1 a distance of #ahb4gi feet to an angle point of the tract herein described4 7,l7 ,north #bj #ej' #dg0 ,west1 a distance of #aje4gd feet to an angle point of the tract herein described4 7,m7 ,north #jb #jb' #jd0 ,west1 a distance of #ahd4ej feet to an angle point of the tract herein described4 7,n7 ,north #jh #jg' #aa0 ,east1 a distance of #ajb4bc feet to an angle point of the tract herein described4 7,o7 ,north #jh #af' #jj0 ,west1 a distance of #bac4de feet to an angle point of the tract herein described4 7,p7 ,north #jc #ae' #af0 ,west1 a distance of #ccf4de feet to a point for the beginning of a non-tangent curve to the left4 7,q7 ,northerly along said non-tangent curve to the left having a radius of #hif4jh feet1 a central angle of #ad #jj' #je01 a chord of ,north #ji #cf' #jc0 ,west - #bah4dc feet1 and an arc length of #bah4ig feet to a point for the beginning of a non-tangent curve to the right4 7,r7 ,northerly along said non-tangent curve to the right having a radius of #dhc4cc feet1 a central angle of #ai #ac' #cd01 a chord of ,north #ac #eb' #jc0 ,east - #afa4dc feet1 and an arc length of #afb4ah feet to a point for the northwesterly corner of the tract herein described4 7#e7 ,thence1 continuing over and across said ,city of ,texas ,city ,survey1 and along the edge of fill along said ,galveston ,bay1 the following #ae courses and distances3 7,a7 ,north #cj #de' #jb0 ,east1 a distance of #ahi4jc feet to an angle point of the tract herein described4 7,b7 ,north #cd #bj' #di0 ,east1 a distance of #agd4af feet to a point for the beginning of a non-tangent curve to the right4 7,c7 ,northeasterly along said non-tangent curve to the right having a radius of #bjb4ja feet1 a central angle of #be #ec' #cg01 a chord of ,north #cc #ad' #eh0 ,east - #ij4eb feet1 and an arc length of #ia4bi feet to a point for the beginning of a non-tangent curve to the left4 7,d7 ,northeasterly along said non-tangent curve to the left having a radius of #dfc4cj feet1 a central angle of #bc #bc' #eg01 a chord of ,north #dh #jb' #ec0 ,east - #ahg4ij feet1 and an arc length of #ahi4ba feet to a point for the beginning of a non-tangent curve to the right4 7,e7 ,northeasterly along said non-tangent curve to the right having a radius of #gfh4ii feet1 a central angle of #af #bd' #ai01 a chord of ,north #dc #ja' #dj0 ,east - #bai4dc feet1 and an arc length of #bbj4ah feet to an angle point of the tract herein described4 7,f7 ,north #ch #ef' #ej0 ,east1 a distance of #abf4da feet to an angle point of the tract herein described4 7,g7 ,north #db #ei' #ej0 ,east1 a distance of #abh4bh feet to a point for the beginning of a non-tangent curve to the right4 7,h7 ,northerly along said non-tangent curve to the right having a radius of #aea4if feet1 a central angle of #fh #cf' #ca01 a chord of ,north #eg #ei' #db0 ,east - #aga4bi feet1 and an arc length of #aha4if feet to a point for the most northerly corner of the tract herein described4 7,i7 ,south #gg #ad' #di0 ,east1 a distance of #aca4fj feet to an angle point of the tract herein described4 7,j7 ,south #hd #dd' #ah0 ,east1 a distance of #hf4eh feet to an angle point of the tract herein described4 7,k7 ,south #eh #ad' #de0 ,east1 a distance of #fi4fb feet to an angle point of the tract herein described4 7,l7 ,south #di #dd' #ea0 ,east1 a distance of #adi4jj feet to an angle point of the tract herein described4 7,m7 ,south #dd #dg' #ba0 ,east1 a distance of #cec4gg feet to a point for the beginning of a non-tangent curve to the left4 7,n7 ,easterly along said non-tangent curve to the left having a radius of #bec4ii feet1 a central angle of #ih #ec' #bc01 a chord of ,south #hc #bh' #ea0 ,east - #che4if feet1 and an arc length of #dch4ch feet to an angle point of the tract herein described4 7,o7 ,south #ge #di' #ac0 ,east1 a distance of #cba4eb feet to the point of beginning and containing #cic4ec acres 7#ag1adb1aaa square feet7 of land4 #acac4 ,stonington ,harbour1 ,connecticut ,the portion of the project for navigation1 ,stonington ,harbour1 ,connecticut1 authorized by the ,act of ,may #bc1 #ahbh 7#d ,stat4 #bhh1 chapter #gc71 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 #acad4 ,red ,river below ,denison ,dam1 ,texas1 ,oklahoma1 ,arkansas1 and ,louisiana ,the portion of the project for flood control with respect to the ,red ,river below ,denison ,dam1 ,texas1 ,oklahoma1 ,arkansas1 and ,louisiana1 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 #cb #cb' #ej4hf0 ,n41 by long4 #ic #df' #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 #acae4 ,green ,river and ,barren ,river1 ,kentucky 7a7 ,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 disposed of-- 7#a7 consistent with this section2 and 7#b7 subject to such terms and conditions as the ,secretary determines to be necessary and appropriate in the public interest4 7b7 ,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 the land associated with ,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 the land associated with ,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 the land associated with ,green ,river ,lock and ,dam #e1 located in ,edmonson ,county1 ,kentucky1 together with any improvements on the land1 for the purposes of-- 7,a7 removing ,lock and ,dam #e from the river at the earliest feasible time2 and 7,b7 making the land available for conservation and public recreation1 including river access4 7#d7 ,green ,river ,lock and ,dam #f 7,a7 ,in general ,the ,secretary shall transfer to the ,secretary of the ,interior administrative jurisdiction over the portion of the land associated with ,green ,river ,lock and ,dam #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 7,b7 ,transfer to the ,state of ,kentucky ,the ,secretary shall convey to the ,state of ,kentucky all right1 title1 and interest of the ,united ,states in and to the portion of the land associated with ,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-- 7i7 removing ,lock and ,dam #f from the river at the earliest feasible time2 and 7ii7 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 the land associated with ,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-- 7,a7 removing ,lock and ,dam #a from the river at the earliest feasible time2 and 7,b7 making the land available for conservation and public recreation1 including river access4 7c7 ,conditions 7#a7 ,in general ,the exact acreage and legal description of any land to be disposed of1 transferred1 or conveyed under this section shall be determined by a survey satisfactory to the ,secretary4 7#b7 ,quitclaim deed ,a conveyance under paragraph 7#a71 7#b71 7#d71 or 7#e7 of subsection 7b7 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 section1 including the costs of a survey carried out under paragraph 7#a74 7#d7 ,reversion ,if the ,secretary determines that the land conveyed under this section is not used by a non-,federal entity for a purpose that is consistent with the purpose of the 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 #acaf4 ,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#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 #acag4 ,land transfer and trust land for ,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 project2 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 subsection 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 #acah4 ,cameron ,county1 ,texas 7a7 ,release ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall execute and file in the appropriate office a deed of release1 amended deed1 or other appropriate instrument effectuating the release of the interests of the ,united ,states in certain tracts of land located in ,cameron ,county1 ,texas1 as described in subsection 7d74 7b7 ,additional terms and conditions ,the ,secretary may require that any release under this section be subject to such additional terms and conditions as the ,secretary considers appropriate and necessary to protect the interests of the ,united ,states4 7c7 ,costs of conveyance ,the ,brownsville ,navigation ,district shall be responsible for all reasonable and necessary costs1 including real estate transaction and environmental documentation costs1 associated with the releases4 7d7 ,description ,the ,secretary shall release all or portions of the interests in the following tracts as determined by a survey to be paid for by the ,brownsville ,navigation ,district1 that is satisfactory to the ,secretary3 7#a7 ,tract ,no4 #a3 ,being #a1bgg4hj ,acres as conveyed by the ,brownsville ,navigation ,district of ,cameron ,county1 ,texas1 to the ,united ,states of ,america by instrument dated ,september #bb1 #aicb1 and recorded at ,volume #bch1 pages #egh through #ehj1 in the ,deed ,records of ,cameron ,county1 ,texas1 to be released and abandoned in its entirety1 save and except approximately #cfa4jc ,acres1 comprised of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the project known as ,brazos ,island ,harbor ,deepening1 and further save and except approximately #afe4ef ,acres for the existing ,dredged ,material ,placement ,area ,no4 #d;,a#a4 7#b7 ,tract ,no4 #b3 ,being #hdb4bh ,acres as condemned by the ,united ,states of ,america by the ,final ,report of ,commissioners dated ,may #f1 #aich1 and recorded at ,volume #bha1 pages #dhf through #dhh1 in the ,deed ,records of ,cameron ,county1 ,texas1 to be released and abandoned in its entirety1 save and except approximately #agh4ae ,acres comprised of a strip #efb feet in width1 being the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the project known as ,brazos ,island ,harbor ,deepening1 further save and except approximately #gf4ie ,acres for the existing ,dredged ,material ,placement ,area ,no4 #d;,a#a1 and further save and except approximately #gd4dj ,acres for the existing ,dredged ,material ,placement ,area ,no4 #d;,b#a4 7#c7 ,tract ,no4 #c3 ,being #cfb4jj ,acres as conveyed by the ,manufacturing and ,distributing ,university to the ,united ,states of ,america by instrument dated ,march #c1 #aicf1 and recorded at ,volume ,r1 page #abc1 in the ,miscellaneous ,deed ,records of ,cameron ,county1 ,texas1 to be released and abandoned in its entirety4 7#d7 ,tract ,no4 #d3 ,being #i4dh ,acres as conveyed by the ,brownsville ,navigation ,district of ,cameron ,county1 ,texas1 to the ,united ,states of ,america by instrument dated ,january #bc1 #aici1 and recorded at ,volume #bic1 pages #aae through #aah1 in the ,deed ,records of ,cameron ,county1 ,texas 7said #i4dh ,acres are identified in said instrument as the ,second ,tract71 to be released and abandoned in its entirety1 save and except approximately #a4ig ,acres1 comprised of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the project known as ,brazos ,island ,harbor ,deepening1 plus #e4j feet4 7#e7 ,tract ,no4 #e3 ,being #aj4ia ,acres as conveyed by the ,brownsville ,navigation ,district of ,cameron ,county1 ,texas1 by instrument dated ,march #f1 #aici1 and recorded at ,volume #bic1 pages #aac through #aae1 in the ,deed ,records of ,cameron ,county1 ,texas 7said #aj4ia ,acres are identified in said instrument as ,third ,tract71 to be released and abandoned in its entirety1 save and except approximately #j4cf ,acre1 comprised of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the project known as ,brazos ,island ,harbor ,deepening4 7#f7 ,tract ,no4 #i3 ,being #eeb4hb ,acres as condemned by the ,united ,states of ,america by the ,final ,report of ,commissioners dated ,may #f1 #aich1 and recorded at ,volume #bha1 pages #dhc through #dhf1 in the ,deed ,records of ,cameron ,county1 ,texas1 to be released and abandoned in its entirety1 save and except approximately #hd4ei ,acres1 comprised of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the project known as ,brazos ,island ,harbor ,deepening4 7#g7 ,tract ,no4 #aj3 ,being #cbe4jb ,acres as condemned by the ,united ,states of ,america by the ,final ,report of ,commissioners dated ,may #g1 #aice1 and recorded at ,volume #bha1 pages #dgf through #dhc1 in the ,deed ,records of ,cameron ,county1 ,texas1 to be released and abandoned in its entirety1 save and except approximately #gf4ha ,acres1 comprised of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the project known as ,brazos ,island ,harbor ,deepening4 7#h7 ,tract ,no4 #aa3 ,being #h4he ,acres in as conveyed by the ,brownsville ,navigation ,district of ,cameron ,county1 ,texas1 to the ,united ,states of ,america by instrument dated ,january #bc1 #aici1 and recorded at ,volume #bic1 ,pages #aae through #aah1 in the ,deed ,records of ,cameron ,county1 ,texas 7said #h4he ,acres are identified in said instrument as the ,first ,tract71 to be released and abandoned in its entirety1 save and except approximately #j4cj ,acres1 comprised of the area within the project known as ,brazos ,island ,harbor ,deepening1 plus #e4j feet4 7#i7 ,tract ,no4 ,a#ajj;,e3 ,being #ac4fc ,acres in as conveyed by the ,brownsville ,navigation ,district of ,cameron ,county1 ,texas1 to the ,united ,states of ,america by instrument dated ,september #cj1 #aidg1 and recorded at ,volume #dbg1 page #a through #d in the ,deed ,records of ,cameron ,county1 to be released and abandoned in its entirety1 save and except approximately #f4fj ,acres1 comprised of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the existing project known as ,brazos ,island ,harbor1 plus #e4j feet4 7#aj7 ,tract ,no4 #abb;,e3 ,being #ca4d ,acres as conveyed by the ,brownsville ,navigation ,district of ,cameron ,county1 ,texas1 to the ,united ,states of ,america by instrument dated ,december #aa1 #aifc and recorded at ,volume #gef1 page #cic in the ,deed ,records of ,cameron ,county1 ,texas1 to be released and abandoned in its entirety1 save and except approximately #d4ah ,acres in ,share #ca of the ,espiritu ,santo ,grant in ,cameron ,county1 ,texas1 and further save and except approximately #b4jd ,acres in ,share #g of the ,san ,martin ,grant in ,cameron ,county1 ,texas1 being portions of the area designated by the ,u4,s4 ,army ,corps of ,engineers as required for the current project known as ,brazos ,island ,harbor1 plus #e4j feet4 #acai4 ,new ,savannah ,bluff ,lock and ,dam1 ,georgia and ,south ,carolina 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,new ,savannah ,bluff ,lock and ,dam ,the term ,new ,savannah ,bluff ,lock and ,dam means-- 7,a7 the lock and dam at ,new ,savannah ,bluff1 ,savannah ,river1 ,georgia and ,south ,carolina2 and 7,b7 the appurtenant features to the lock and dam1 including-- 7i7 the adjacent approximately #ej-;acre park and recreation area with improvements made under the project for navigation1 ,savannah ,river below ,augusta1 ,georgia1 authorized by the first section of the ,act of ,july #c1 #aicj 7#df ,stat4 #ibd71 and the first section of the ,act of ,august #cj1 #aice 7#di ,stat4 #ajcb72 and 7ii7 other land that is part of the project and that the ,secretary determines to be appropriate for conveyance under this section4 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,public ,law #aac-aba2 #abh ,stat4 #acfd74 7b7 ,deauthorization 7#a7 ,in general ,effective beginning on the date of enactment of this ,act-- 7,a7 the ,new ,savannah ,bluff ,lock and ,dam is deauthorized2 and 7,b7 notwithstanding section #cdh7l77#b77;,b7 of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #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,public ,law #ajf-eda2 #aad ,stat4 #bfcj2 #aad ,stat4 #bgfc;,a-#bbh7 is amended-- 7,a7 by striking subsection 7l72 and 7,b7 by redesignating subsections 7m7 and 7n7 as subsections 7l7 and 7m71 respectively4 7c7 ,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-- 7,a7 7i7 repair of the lock wall of the ,new ,savannah ,bluff ,lock and ,dam and modification of the structure such that the structure is able-- 7,i7 to maintain the pool for navigation1 water supply1 and recreational activities1 as in existence on the date of enactment of this ,act2 and 7,,ii7 to allow safe passage over the structure to historic spawning grounds of shortnose sturgeon1 ,atlantic sturgeon1 and other migratory fish2 or 7ii7 7,i7 construction at an appropriate location across the ,savannah ,river of a structure 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 7,,ii7 removal of the ,new ,savannah ,bluff ,lock and ,dam on completion of construction of the structure2 and 7,b7 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 ,non-,federal cost share ,the ,federal share of the cost of any ,project feature constructed pursuant to paragraph 7#a7 shall be not greater than the share as provided by section #gjjb7a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #acfd7 for the most cost-effective fish passage structure4 7#c7 ,operation and maintenance costs ,the ,federal share of the costs of operation and maintenance of any ,project feature constructed pursuant to paragraph 7#a7 shall be consistent with the cost sharing of the ,project as provided by law4 #acbj4 ,hamilton ,city1 ,california ,section #ajja7h7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #ajej7 is modified to authorize the ,secretary to construct the project at a total cost of #ia1jjj1jjj1 with an estimated ,federal cost of #ei1gce1jfa and an estimated non-,federal cost of #ca1bfd1ici4 #acba4 ,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 #hca71 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 cease 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 title1 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 nonpublic 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 on or before ,december #ca1 #bjaf1 #ca1cdd1hda 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 #acbb4 ,expedited consideration 7a7 ,in general ,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;,c7 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,a77ii7 by striking that-- and all that follows through limited reevaluation report2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7 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 redesignated7 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 7b7 ,expedited consideration 7#a7 ,expedited completion of flood damage reduction and flood risk management projects ,for authorized projects with a primary purpose of flood damage reduction and flood risk management1 the ,secretary shall provide priority funding for and expedite the completion of the following projects3 7,a7 ,chicagoland ,underflow ,plan1 ,illinois1 including stage #b of the ,mc,cook ,reservoir1 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 #eja7;b7 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 ,reform and ,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-cjc2 #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 title ,i 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 7,e7 ,the projects described in paragraphs 7#bi7 through 7#cc7 of section #bab7;e7 of the ,water ,resources ,development ,act of #aiii 7#cc ,u4,s4,c4 #bccb7;e774 7#b7 ,expedited completion of feasibility studies ,the ,secretary shall give priority funding and expedite completion of the reports for the following projects1 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 7,e7 ,the project for flood risk management1 ,little ,colorado ,river at ,winslow1 ,navajo ,county1 ,arizona4 7,f7 ,the project for flood risk management1 ,lower ,san ,joaquin ,river1 ,california4 ,in carrying out the feasibility study for the project1 the ,secretary shall include ,reclamation ,district #ag as part of the study4 7,g7 ,the project for flood risk management and ecosystem restoration1 ,sacramento ,river ,flood ,control ,system1 ,california4 7,h7 ,the project for hurricane and storm damage risk reduction1 ,ft4 ,pierce1 ,florida4 7,i7 ,the project for flood risk management1 ,des ,moines and ,raccoon ,rivers1 ,iowa4 7,j7 ,the project for navigation1 ,mississippi ,river ,ship ,channel1 ,louisiana4 7,k7 ,the project for flood risk management1 ,north ,branch ,ecorse ,creek1 ,wayne ,county1 ,michigan4 7#c7 ,expedited completion of post-,authorization change report ,the ,secretary shall provide priority funding for1 and expedite completion of1 a post-authorization change report for the project for hurricane and storm damage risk reduction1 ,new ,hanover ,county1 ,north ,carolina4 7#d7 ,completion of projects under construction by non-,federal interests ,the ,secretary shall expedite review and decision on recommendations for the following projects for flood damage reduction and flood risk management3 7,a7 ,pearl ,river ,basin1 ,mississippi1 authorized by section #dja7;e77#c7 of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #dacb71 as modified by section #cajd of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #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 #bjad 7,public ,law #aac-aba2 #abh ,stat4 #aaic774 7,b7 ,brays ,bayou1 ,texas1 authorized by section #aja7;a77#ba7 of the ,water ,resources ,development ,act of #aiij 7,public ,law #aja-fdj2 #ajd ,stat4 #dfaj71 as modified by section #baa7;f77#f7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7;f77#f77 7as in effect on the day before the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba2 #abh ,stat4 #aaic774 ,d ,water ,resources ,infrastructure #adja4 ,project authorizations ,the following projects for water resources development and conservation and other purposes1 as identified in the reports titled ,report to ,congress on ,future ,water ,resources ,development submitted to ,congress on ,january #bi1 #bjae1 and ,january #bi1 #bjaf1 respectively1 pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 or otherwise reviewed by ,congress1 are authorized to be carried out by the ,secretary substantially in accordance with the plans1 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 ,nov4 #c1 #bjad;,federal3 #aba1jbc1jjj,non-,federal3 #hi1dec1jjj,total3 #baj1dgf1jjj #b4 ,l,a,calcasieu ,lock,dec4 #b1 #bjad,total3 #ag1dcb1jjj 7to be derived from the general fund of the ,treasury and from the ,inland ,waterways ,trust ,fund7 #c4 ,,nh1 ,m,e,portsmouth ,harbor and ,piscataqua ,river,feb4 #h1 #bjae;,federal3 #af1jae1jjj,non-,federal3 #e1cch1jjj,total3 #ba1cec1jjj #d4 ,f,l,port ,everglades,jun4 #be1 #bjae;,federal3 #bbi1ggj1jjj,non-,federal3 #ajg1bcc1jjj,total3 #ccg1jjc1jjj #e4 ,a,k,little ,diomede ,harbor,aug4 #aj1 #bjae;,federal3 #bf1cid1jjj,non-,federal3 #b1icc1jjj,total3 #bi1cbg1jjj #f4 ,s,c,charleston ,harbor,sep4 #h1 #bjae;,federal3 #bca1bci1jjj,non-,federal3 #bga1ded1jjj,total3 #ejb1fic1jjj #g4 ,a,k,craig ,harbor,mar4 #af1 #bjaf;,federal3 #bi1def1jjj,non-,federal3 #c1bii1jjj,total3 #cb1gee1jjj #h4 ,p,a,upper ,ohio,sep4 #ab1 #bjaf,total3 #b1fia1fjj1jjj 7to be derived from the general fund of the ,treasury and from the ,inland ,waterways ,trust ,fund74 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 ,watershed,jun4 #cj1 #bjad;,federal3 #bb1ade1jjj,non-,federal3 #aa1ibe1jjj,total3 #cd1jgj1jjj #b4 ,,mo1 ,k,s,armourdale and ,central ,industrial ,district ,levee ,units1 ,missouri ,river and ,tributaries at ,kansas ,citys,jan4 #bg1 #bjae;,federal3 #bac1bga1ejj,non-,federal3 #aad1hch1ejj,total3 #cbh1aaj1jjj #c4 ,k,s,city of ,manhattan,apr4 #cj1 #bjae;,federal3 #af1aea1jjj,non-,federal3 #h1fig1jjj,total3 #bd1hdh1jjj #d4 ,t,n,mill ,creek,oct4 #af1 #bjae;,federal3 #ag1iej1jjj,non-,federal3 #aj1hfj1jjj,total3 #bh1haj1jjj #e4 ,k,s,upper ,turkey ,creek ,basin ,dec4 #bb1 #bjae;,federal3 #be1faj1jjj,non-,federal3 #ac1gij1jjj,total3 #ci1djj1jjj #f4 ,n,c,princeville,feb4 #bc1 #bjaf;,federal3 #ad1jhj1jjj,non-,federal3 #g1ehb1jjj,total3 #ba1ffb1jjj #g4 ,c,a,american ,river ,common ,features,apr4 #bf1 #bjaf;,federal3 #hij1jdf1ijj,non-,federal3 #gje1gad1ajj,total3 #a1eie1gfa1jjj #h4 ,c,a,west ,sacramento,apr4 #bf1 #bjaf;,federal3 #ghh1hfa1jjj,non-,federal3 #dbd1ggb1jjj,total3 #a1bac1fcc1jjj4 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,colleton ,county,sep4 #e1 #bjad;,initial ,federal3 #ad1ddh1jjj ,initial ,non-,federal3 #g1ghj1jjj;,initial ,total3 #bb1bbh1jjj ,renourishment ,federal3 #ag1dia1jjj,renourishment ,non-,federal3 #ag1dia1jjj,renourishment ,total3 #cd1ihb1jjj #b4 ,f,l,flagler ,county,dec4 #bc1 #bjad;,initial ,federal3 #i1efa1jjj ,initial ,non-,federal3 #e1adi1jjj ,initial ,total3 #ad1gaj1jjj,renourishment ,federal3 #ae1had1jjj,renourishment ,non-,federal3 #ae1hae1jjj,renourishment ,total3 #ca1fbi1jjj #c4 ,n,c,carteret ,county,dec4 #bc1 #bjad;,initial ,federal3 #be1dfh1jjj;,initial ,non-,federal3 #ac1gad1jjj ,initial ,total3 #ci1ahb1jjj ,renourishment ,federal3 #abj1dbh1jjj,renourishment ,non-,federal3 #abj1dbi1jjj,renourishment ,total3 #bdj1heg1jjj #d4 ,n,j,hereford ,inlet to ,cape ,may ,inlet1 ,cape ,may ,county,jan4 #bc1 #bjae;,initial ,federal3 #ad1hbc1jjj;,initial ,non-,federal3 #g1iha1jjj;,initial ,total3 #bb1hjd1jjj,renourishment ,federal3 #dc1eja1jjj,renourishment ,non-,federal3 #dc1eja1jjj,renourishment ,total3 #hg1jjb1jjj #e4 ,l,a,west ,shore ,lake ,pontchartrain,jun4 #ab1 #bjae;,federal3 #dhc1dif1fej,non-,federal3 #bfj1cdd1cej,total3 #gdc1hda1jjj #f4 ,c,a,san ,diego ,county,apr4 #bf1 #bjaf;,initial ,federal3 #bj1iec1jjj;,initial ,non-,federal3 #aa1bhb1jjj;,initial ,total3 #cb1bce1jjj,renourishment ,federal3 #gj1ghe1jjj,renourishment ,non-,federal3 #gj1ghe1jjj,renourishment ,total3 #ada1egj1jjj4 7#d7 ,ecosystem restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,f,l,central ,everglades,dec4 #bc1 #bjad;,federal3 #iic1aca1jjj,non-,federal3 #iia1edd1jjj,total3 #a1ihd1fge1jjj #b4 ,w,a,skokomish ,river,dec4 #ad1 #bjae;,federal3 #ac1afh1jjj,non-,federal3 #g1jia1jjj,total3 #bj1bei1jjj #c4 ,w,a,puget ,sound,sep4 #af1 #bjaf;,federal3 #cjj1jji1jjj,non-,federal3 #afa1edc1jjj,total3 #dfa1eeb1jjj4 7#e7 ,flood risk management and ecosystem 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,jun4 #h1 #bjae;,federal3 #bjd1hfj1jjj,non-,federal3 #aaj1fdb1jjj,total3 #cae1ejb1jjj4 7#f7 ,flood risk management1 ecosystem restoration1 and recreation ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,c,a,south ,san ,francisco ,bay ,shoreline,dec4 #ah1 #bjae;,federal3 #gj1eaa1jjj,non-,federal3 #ajf1fhi1jjj,total3 #agg1bjj1jjj4 7#g7 ,ecosystem restoration and recreation ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,o,r,willamette ,river,dec4 #ad1 #bjae;,federal3 #ai1eca1jjj,non-,federal3 #aj1hde1jjj,total3 #cj1cgf1jjj #b4 ,c,a,los ,angeles ,river,dec4 #ah1 #bjae;,federal3 #cgc1dac1ejj,non-,federal3 #a1jdf1hic1ejj,total3 #a1dbj1cjg1jjj4 7#h7 ,hurricane and storm damage risk reduction and ecosystem restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,l,a,southwest ,coastal ,louisiana,jul4 #bi1 #bjaf;,federal3 #b1jed1chf1ajj,non-,federal3 #a1ajf1bjg1ijj,total3 #c1afj1eid1jjj4 7#i7 ,modifications and other projects ,a4 ,state,b4 ,name,c4 ,date of ,decision ,document,d4 ,estimated ,costs #a4 ,t,x,upper ,trinity ,river,may #ba1 #bjjh;,federal3 #ebf1ejj1jjj,non-,federal3 #bhc1ejj1jjj,total3 #haj1jjj1jjj #b4 ,,ks1 ,m,o,turkey ,creek ,basin,may #ac1 #bjaf;,federal3 #aja1dia1fej,non-,federal3 #ed1fdi1cej,total3 #aef1ada1jjj #c4 ,k,y,ohio ,river ,shoreline,may #ac1 #bjaf;,federal3 #bj1cji1ijj,non-,federal3 #aj1icf1ajj,total3 #ca1bdf1jjj #d4 ,m,o,blue ,river ,basin,may #ac1 #bjaf;,federal3 #cf1cbf1bej,non-,federal3 #ab1ajh1gej,total3 #dh1dce1jjj #e4 ,f,l,picayune ,strand,jul4 #ae1 #bjaf;,federal3 #cac1aff1jjj,non-,federal3 #cac1aff1jjj,total3 #fbf1ccb1jjj #f4 ,m,o,swope ,park ,industrial ,area1 ,blue ,river,jul4 #ae1 #bjaf;,federal3 #ba1jcc1cej,non-,federal3 #aa1cbe1fej,total3 #cb1cei1jjj #g4 ,a,z,rio de ,flag1 ,flagstaff,sep4 #ba1 #bjaf;,federal3 #ff1hdd1ijj,non-,federal3 #cf1jci1ajj,total3 #ajb1hhd1jjj #h4 ,t,x,houston ,ship ,channel,nov4 #d1 #bjaf;,federal3 #cha1ggc1jjj,non-,federal3 #abg1dbe1jjj,total3 #eji1aih1jjj4 #adjb4 ,special rules 7a7 ,mill ,creek ,the portion of the project for flood risk management1 ,mill ,creek1 ,tennessee1 authorized by section #adja7b7 of this ,act 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 7b7 ,los ,angeles ,river ,the ,secretary shall carry out the project for ecosystem restoration and recreation1 ,los ,angeles ,river1 ,california1 authorized by section #adja7g7 of this ,act substantially in accordance with terms and conditions described in the ,report of the ,chief of ,engineers1 dated ,december #ah1 #bjae1 including1 notwithstanding section #bjjh7;c7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #ajgd71 the recommended cost share4 7c7 ,upper ,trinity ,river ,not more than #e1ejj1jjj may be expended to carry out recreation features of the ,upper ,trinity ,river project1 ,texas1 authorized by section #adja7i7 of this ,act4 ,,ii ,water and ,waste ,act of #bjaf #bjja4 ,short title ,this title may be cited as the ,water and ,waste ,act of #bjaf4 #bjjb4 ,definition of ,administrator ,in this title1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 ,a ,safe ,drinking ,water #baja4 ,sense of ,congress on appropriations levels ,it is the sense of ,congress that ,congress should provide robust funding of capitalization grants to ,states to fund those ,states' drinking water treatment revolving loan funds established under section #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 #bajb4 ,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 in the fifth sentence1 by striking ,of the amount and inserting the following3 7,f7 ,loan assistance ,of the amount 2 7#b7 in the fourth sentence1 by striking ,the funds and inserting the following3 7,e7 ,acquisition of real property ,the funds under this section 2 7#c7 in the third sentence1 by striking ,the funds and inserting the following3 7,d7 ,water treatment loans ,the funds under this section 2 7#d7 in the second sentence1 by striking ,financial assistance and inserting the following3 7,b7 ,limitation ,financial assistance 2 7#e7 in the first sentence1 by striking ,except and inserting the following3 7,a7 ,in general ,except 2 7#f7 in subparagraph 7,b7 7as designated by paragraph 7#d771 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#g7 by inserting after subparagraph 7,b7 7as designated by paragraph 7#d77 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 #bajc4 ,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 by redesignating subparagraphs 7,a7 through 7,d7 as clauses 7i7 through 7iv71 respectively1 and indenting the clauses appropriately2 7#b7 by striking the fifth sentence and inserting the following3 7,d7 ,enforcement actions ,funds used under subparagraph 7,b77ii7 shall not be used for enforcement actions4 2 7#c7 in the fourth sentence1 by striking ,an additional and inserting the following3 7,c7 ,technical assistance ,an additional 2 7#d7 by striking the third sentence2 7#e7 in the second sentence1 by striking ,for fiscal year and inserting the following3 7,b7 ,additional use of funds ,for fiscal year 2 7#f7 by striking the first sentence and inserting the following3 7,a7 ,authorization 7i7 ,in general ,for each fiscal year1 a ,state may use the amount described in clause 7ii7-- 7,i7 to cover the reasonable costs of administration of the programs under this section1 including the recovery of reasonable costs expended to establish a ,state loan fund that are incurred after the date of enactment of this section2 and 7,,ii7 to provide technical assistance to public water systems within the ,state4 7ii7 ,description of amount ,the amount referred to in clause 7i7 is an amount equal to the sum of-- 7,i7 the amount of any fees collected by the ,state for use in accordance with clause 7i77,i71 regardless of the source2 and 7,,ii7 the greatest of-- 7aa7 #djj1jjj2 7bb7 #a_/e percent of the current valuation of the fund2 and 7cc7 an amount equal to #d percent of all grant awards to the fund under this section for the fiscal year4 2 and 7#g7 in subparagraph 7,b7 7as redesignated by paragraph 7#e77-- 7,a7 in clause 7iv7 7as redesignated by paragraph 7#a771 by striking #adai1 and inserting #adai42 and 7,b7 in the undesignated matter following clause 7iv7 7as redesignated by paragraph 7#a771 by striking if the ,state and all that follows through ,state funds44 #bajd4 ,assistance for small and disadvantaged communities ,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 political subdivision of a ,state that1 as determined by the ,administrator1 has an inadequate system for obtaining drinking water4 7#b7 ,inclusions ,the term underserved community includes a political subdivision of a ,state that either1 as determined by the ,administrator-- 7,a7 does not have household drinking water or wastewater services2 or 7,b7 is served by a public water system that violates1 or exceeds1 as applicable1 a requirement of a national primary drinking water regulation issued under section #adab1 including-- 7i7 a maximum contaminant level2 7ii7 a treatment technique2 and 7iii7 an action level4 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 title4 7#b7 ,inclusions ,projects and activities under paragraph 7#a7 include-- 7,a7 investments necessary for the public water system to comply with the requirements of this title2 7,b7 assistance that directly and primarily benefits the disadvantaged community on a per-household basis2 and 7,c7 programs to provide household water quality testing1 including testing for unregulated contaminants4 7c7 ,eligible entities ,an eligible entity under this section-- 7#a7 is-- 7,a7 a public water system2 7,b7 a water system that is located in an area governed by an ,indian ,tribe2 or 7,c7 a ,state1 on behalf of an underserved community2 and 7#b7 serves a community-- 7,a7 that1 under affordability criteria established by the ,state under section #adeb7;d77#c71 is determined by the ,state-- 7i7 to be a disadvantaged community2 or 7ii7 to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection 7b72 or 7,b7 with a population of less than #aj1jjj individuals that the ,administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection 7b74 7d7 ,priority ,in prioritizing projects and activities for implementation under this section1 the ,administrator shall give priority to projects and activities that benefit underserved communities4 7e7 ,local participation ,in prioritizing projects and activities for implementation under this section1 the ,administrator shall consult with and consider the priorities of ,states1 ,indian ,tribes1 and local governments in which communities described in subsection 7c77#b7 are located4 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 or financial capability and is not receiving such assistance under another ,federal program4 7g7 ,cost sharing ,before providing a grant to an eligible entity under this section1 the ,administrator shall enter into a binding agreement with the eligible entity to require the eligible entity-- 7#a7 to pay not less than #de percent of the total costs of the project or activity1 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 project or activity2 and 7#c7 to pay #ajj percent of any operation and maintenance costs associated with the project or activity4 7h7 ,waiver ,the ,administrator may waive1 in whole or in part1 the requirement under subsection 7g77#a7 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 ,limitation on use of funds ,not more than #d percent of funds made available for grants under this section may be used to pay the administrative costs of the ,administrator4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 #fj1jjj1jjj for each of fiscal years #bjag through #bjba4 4 #baje4 ,reducing lead in drinking water ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is further 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 water 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 ,administrator1 servicing a public water system2 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 concentration 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 concentration of lead in water for human consumption2 and 7iii7 providing assistance to low-income homeowners to replace lead service lines4 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 ,governor of the ,state in which the eligible entity is located1 based upon the affordability criteria established by the ,state under section #adeb7;d77#c74 7#d7 ,lead service line ,the term lead service line means a pipe and its fittings1 which are not lead free 7as defined in section #adag7;d771 that connect the drinking water main to the building inlet4 7#e7 ,nontransient noncommunity water system ,the term nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least #be of the same persons over #f months per year4 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 an eligible entity shall take steps to identify-- 7,a7 the source of lead in the public water system that is subject to human consumption2 and 7,b7 the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water 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 under section #adab at any time during the #c-year period preceding the date of submission of the application of the eligible entity2 or 7ii7 address lead levels in water for human consumption at a school1 daycare1 or other facility that primarily serves children or other vulnerable human subpopulation described in section #adeh7;a77#a74 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 replace the lead service lines of such homeowners4 7,b7 ,limitation ,the amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service 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-- 7,a7 shall notify customers of the replacement of any publicly owned portion of the lead service line2 7,b7 may1 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 replacement for that homeowner's property2 7,c7 may1 in the case of a low-income homeowner1 offer to replace the privately owned portion of the lead service line at a cost that is equal to the difference between-- 7i7 the cost of replacement2 and 7ii7 the amount of assistance available to the low-income homeowner under paragraph 7#e72 7,d7 shall notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line2 and 7,e7 shall demonstrate that the eligible entity has considered other options for reducing the concentration of lead in its drinking water1 including an evaluation of options for corrosion control4 7c7 ,limitation on use of funds ,not more than #d percent of funds made available for grants under this section may be used to pay the administrative costs of the ,administrator4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #fj1jjj1jjj for each of fiscal years #bjag through #bjba4 7e7 ,savings clause ,nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is-- 7#a7 subject to the control of the public water system2 and 7#b7 located on private property4 4 #bajf4 ,notice to persons served 7a7 ,enforcement of drinking water regulations ,section #adad7;c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7;c77 is amended-- 7#a7 in the subsection heading1 by striking ,notice to and inserting ,notice to ,states1 the ,administrator1 and2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c71 by striking paragraph 7#b77;,e7 and inserting paragraph 7#b77;,f72 and 7,b7 by adding at the end the following3 7,d7 ,notice that the public water system exceeded the lead action level under section #ada4hj7;c7 of title #dj1 ,code of ,federal ,regulations 7or a prescribed level of lead that the ,administrator establishes for public education or notification in a successor regulation promulgated pursuant to section #adab74 2 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b77i77,,ii71 by striking subparagraph 7,d7 and inserting subparagraph 7,e72 7,b7 in subparagraph 7,c7-- 7i7 in the subparagraph heading1 by striking ,violations and inserting ,notice of violations or exceedances2 7ii7 in the matter preceding clause 7i7-- 7,i7 in the first sentence1 by striking violation and inserting violation1 and each exceedance described in paragraph 7#a77;,d712 and 7,,ii7 in the second sentence1 by striking violation and inserting violation or exceedance2 7iii7 by striking clause 7i7 and inserting the following3 7i7 be distributed as soon as practicable1 but not later than #bd hours1 after the public water system learns of the violation or exceedance2 2 7iv7 in clause 7ii71 by inserting or exceedance after violation each place it appears2 7v7 by striking clause 7iii7 and inserting the following3 7iii7 be provided to the ,administrator and the head of the ,state agency that has primary enforcement responsibility under section #adac1 as applicable1 as soon as practicable1 but not later than #bd hours after the public water system learns of the violation or exceedance2 and 2 and 7vi7 in clause 7iv7-- 7,i7 in subclause 7,i71 by striking broadcast media and inserting media1 including broadcast media2 and 7,,ii7 in subclause 7,,iii71 by striking in lieu of notification by means of broadcast media or newspaper2 7,c7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 ,notice by the ,administrator ,if the ,state with primary enforcement responsibility or the owner or operator of a public water system has not issued a notice under subparagraph 7,c7 for an exceedance of the lead action level under section #ada4hj7;c7 of title #dj1 ,code of ,federal ,regulations 7or a prescribed level of lead that the ,administrator establishes for public education or notification in a successor regulation promulgated pursuant to section #adab7 that has the potential to have serious adverse effects on human health as a result of short-term exposure1 not later than #bd hours after the ,administrator is notified of the exceedance1 the ,administrator shall issue the required notice under that subparagraph4 2 7#d7 in paragraph 7#c77;,b71 in the first sentence-- 7,a7 by striking subparagraph 7,a7 and and inserting subparagraph 7,a712 and 7,b7 by striking subparagraph 7,c7 or 7,d7 of paragraph 7#b7 and inserting subparagraph 7,c7 or 7,e7 of paragraph 7#b71 and notices issued by the ,administrator with respect to public water systems serving ,indian ,tribes under subparagraph 7,d7 of that paragraph2 7#e7 in paragraph 7#d77;,b7-- 7,a7 in clause 7ii71 by striking the terms and inserting the terms action level12 7,b7 by striking clause 7iii7 and inserting the following3 7iii7 ,if any regulated contaminant is detected in the water purveyed by the public water system1 a statement describing1 as applicable-- 7,i7 the maximum contaminant level goal2 7,,ii7 the maximum contaminant level2 7,,iii7 the level of the contaminant in the water system2 7,,iv7 the action level for the contaminant2 and 7,v7 for any contaminant for which there has been a violation of the maximum contaminant level during the year concerned1 a brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant1 as provided by the ,administrator in regulations under subparagraph 7,a74 2 and 7,c7 in the undesignated matter following clause 7vi71 in the second sentence1 by striking subclause 7,,iv7 of clause 7iii7 and inserting clause 7iii77,v72 and 7#f7 by adding at the end the following3 7#e7 ,exceedance of lead level at households 7,a7 ,strategic plan ,not later than #ahj days after the date of enactment of this paragraph1 the ,administrator shall1 in collaboration with owners and operators of public water systems and ,states1 establish a strategic plan for how the ,administrator1 a ,state with primary enforcement responsibility1 and owners and operators of public water systems shall provide targeted outreach1 education1 technical assistance1 and risk communication to populations affected by the concentration of lead in a public water system1 including dissemination of information described in subparagraph 7,c74 7,b7 ,,epa initiation of notice 7i7 ,forwarding of data by employee of the agency ,if the ,agency develops1 or receives from a source other than a ,state or a public water system1 data that meets the requirements of section #adab7;b77#c77;,a77ii7 that indicates that the drinking water of a household served by a public water system contains a level of lead that exceeds the lead action level under section #ada4hj7;c7 of title #dj1 ,code of ,federal ,regulations 7or a prescribed level of lead that the ,administrator establishes for public education or notification in a successor regulation promulgated pursuant to section #adab7 7referred to in this paragraph as an affected household71 the ,administrator shall require an appropriate employee of the ,agency to forward the data1 and information on the sampling techniques used to obtain the data1 to the owner or operator of the public water system and the ,state in which the affected household is located within a time period determined by the ,administrator4 7ii7 ,dissemination of information by owner or operator ,the owner or operator of a public water system shall disseminate to affected households the information described in subparagraph 7,c7 within a time period established by the ,administrator1 if the owner or operator-- 7,i7 receives data and information under clause 7i72 and 7,,ii7 has not1 since the date of the test that developed the data1 notified the affected households-- 7aa7 with respect to the concentration of lead in the drinking water of the affected households2 and 7bb7 that the concentration of lead in the drinking water of the affected households exceeds the lead action level under section #ada4hj7;c7 of title #dj1 ,code of ,federal ,regulations 7or a prescribed level of lead that the ,administrator establishes for public education or notification in a successor regulation promulgated pursuant to section #adab74 7iii7 ,consultation 7,i7 ,deadline ,if the owner or operator of the public water system does not disseminate to the affected households the information described in subparagraph 7,c7 as required under clause 7ii7 within the time period established by the ,administrator1 not later than #bd hours after the ,administrator becomes aware of the failure by the owner or operator of the public water system to disseminate the information1 the ,administrator shall consult1 within a period not to exceed #bd hours1 with the applicable ,governor to develop a plan1 in accordance with the strategic plan1 to disseminate the information to the affected households not later than #bd hours after the end of the consultation period4 7,,ii7 ,delegation ,the ,administrator may only delegate the duty to consult under subclause 7,i7 to an employee of the ,agency who1 as of the date of the delegation1 works in the ,office of ,water at the headquarters of the ,agency4 7iv7 ,dissemination by administrator ,the ,administrator shall1 as soon as practicable1 disseminate to affected households the information described in subparagraph 7,c7 if-- 7,i7 the owner or operator of the public water system does not disseminate the information to the affected households within the time period determined by the ,administrator1 as required by clause 7ii72 and 7,,ii7 7aa7 the ,administrator and the applicable ,governor do not agree on a plan described in clause 7iii77,i7 during the consultation period under that clause2 or 7bb7 the applicable ,governor does not disseminate the information within #bd hours after the end of the consultation period4 7,c7 ,information required ,the information described in this subparagraph includes-- 7i7 a clear explanation of the potential adverse effects on human health of drinking water that contains a concentration of lead that exceeds the lead action level under section #ada4hj7;c7 of title #dj1 ,code of ,federal ,regulations 7or a prescribed level of lead that the ,administrator establishes for public education or notification in a successor regulation promulgated pursuant to section #adab72 7ii7 the steps that the owner or operator of the public water system is taking to mitigate the concentration of lead2 and 7iii7 the necessity of seeking alternative water supplies until the date on which the concentration of lead is mitigated4 7#f7 ,privacy ,any notice to the public or an affected household under this subsection shall protect the privacy of individual customer information4 4 7b7 ,prohibition on use of lead pipes1 solder1 and flux ,section #adag of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#f7 is amended by adding at the end the following3 7f7 ,public education 7#a7 ,in general ,the ,administrator shall make information available to the public regarding lead in drinking water1 including information regarding-- 7,a7 risks associated with lead in drinking water2 7,b7 the conditions that contribute to drinking water containing lead in a residence2 7,c7 steps that ,states1 public water systems1 and consumers can take to reduce the risks of lead in drinking water2 and 7,d7 the availability of additional resources that consumers can use to minimize lead exposure1 including information on sampling for lead in drinking water4 7#b7 ,vulnerable populations ,in making information available to the public under this subsection1 the ,administrator shall1 subject to the availability of appropriations1 carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water4 4 #bajg4 ,lead testing in school and child care program 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 program 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 #ajc7h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7h774 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 a person that owns or operates a child care program facility4 7#b7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,water and ,waste ,act of #bjaf1 the ,administrator shall establish a voluntary school and child care program lead testing grant program to make grants available to ,states to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the local educational agencies4 7,b7 ,direct grants to local educational agencies ,the ,administrator may make a grant for the voluntary testing described in subparagraph 7,a7 directly available to-- 7i7 any local educational agency described in clause 7i7 or 7iii7 of paragraph 7#a77;,b7 located in a ,state that does not participate in the voluntary grant program established under subparagraph 7,a72 or 7ii7 any local educational agency described in clause 7ii7 of paragraph 7#a77;,b74 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 by a ,state or local educational agency for a fiscal year under this subsection shall be used to pay the administrative costs of carrying out this subsection4 7#e7 ,guidance2 public availability ,as a condition of receiving a grant under this subsection1 the recipient ,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 are not less stringent than the guidance referred to in clause 7i72 and 7,b7 7i7 make available1 if applicable1 in the administrative offices and1 to the extent practicable1 on the ,internet website 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 carried out using 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 #bajh4 ,water supply cost savings 7a7 ,drinking water technology clearinghouse ,the ,administrator1 in consultation with the ,secretary of ,agriculture1 shall-- 7#a7 develop a technology clearinghouse for information on the cost-effectiveness of innovative and alternative drinking water delivery systems1 including wells and well systems2 and 7#b7 disseminate such information to the public and to communities and not-for-profit organizations seeking ,federal funding for drinking water delivery systems serving #ejj or fewer persons4 7b7 ,water system assessment ,in any application for a grant or loan for the purpose of construction1 replacement1 or rehabilitation of a drinking water delivery system serving #ejj or fewer persons1 the funding for which would come from the ,federal ,government 7either directly or through a ,state71 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 7c7 ,report to ,congress ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that describes-- 7#a7 the use of innovative and alternative drinking water delivery systems described in this section2 7#b7 the range of cost savings for communities using innovative and alternative drinking water delivery 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 #baji4 ,innovation in the provision of safe drinking water 7a7 ,innovative water technologies ,section #addb7;a77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7;a77#a77 is amended-- 7#a7 in subparagraph 7,d71 by striking 2 and and inserting a semicolon2 7#b7 by striking the period at the end of subparagraph 7,e7 and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 innovative water technologies 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 contamination74 4 7b7 ,technical assistance ,section #addb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7 is amended-- 7#a7 in the heading for subsection 7e71 by inserting to small public water systems after assistance2 and 7#b7 by adding at the end the following new subsection3 7f7 ,technical assistance for innovative water technologies 7#a7 ,the ,administrator may provide technical assistance to public water systems to facilitate use of innovative water technologies4 7#b7 ,there are authorized to be appropriated to the ,administrator for use in providing technical assistance under paragraph 7#a7 #aj1jjj1jjj for each of fiscal years #bjag through #bjba4 4 7c7 ,report ,not later than #a year after the date of enactment of the ,water and ,waste ,act of #bjaf1 and not less frequently than every #e years thereafter1 the ,administrator shall report to ,congress on-- 7#a7 the amount of funding used to provide technical assistance under section #addb7;f7 of the ,safe ,drinking ,water ,act 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 innovative water technologies4 #baaj4 ,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 to carry out this section for each of fiscal years #bjaf through #bjba4 #baaa4 ,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 #baab4 ,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#a7-- 7,a7 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 organizations12 and 7,b7 in the second sentence1 by striking ,the grants and inserting ,except as otherwise provided1 the grants2 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 ,tribes to enable public water systems that serve ,indian ,tribes to achieve and maintain compliance with applicable national primary drinking water regulations4 7,b7 ,eligible tribal organizations ,intertribal consortia or tribal organizations eligible for a grant under subparagraph 7,a7 are intertribal consortia or tribal organizations that-- 7i7 as determined by the ,administrator1 are the most qualified and experienced to provide training and technical assistance to ,indian ,tribes2 and 7ii7 the ,indian ,tribes find to be the most beneficial and effective4 4 #baac4 ,materials requirement for certain ,federally funded projects ,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 ,american iron and steel products 7,a7 ,in general ,during fiscal year #bjag1 funds made available from a ,state loan fund established pursuant to this section may not be used for a project for the construction1 alteration1 or repair of a public water system unless all of the iron and steel products used in the project are produced in the ,united ,states4 7,b7 ,definition of iron and steel products ,in this paragraph1 the term iron and steel products means the following products made primarily of iron or steel3 7i7 ,lined or unlined pipes 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,c7 ,application ,subparagraph 7,a7 shall be waived in any case or category of cases in which the ,administrator finds that-- 7i7 applying subparagraph 7,a7 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 project by more than #be percent4 7,d7 ,waiver ,if the ,administrator receives a request for a waiver under this paragraph1 the ,administrator shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,administrator concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,administrator shall make the request and accompanying information available by electronic means1 including on the official public ,internet site of the ,agency4 7,e7 ,international agreements ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7,f7 ,management and oversight ,the ,administrator may retain up to #j4be percent of the funds appropriated for this section for management and oversight of the requirements of this paragraph4 7,g7 ,effective date ,this paragraph does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this paragraph4 4 ,b ,drinking ,water ,disaster ,relief and ,infrastructure ,investments #bbja4 ,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 drinking water provided by a public water system4 7#b7 ,eligible system ,the term eligible system means a public water system that has been the subject of an emergency declaration referred to in paragraph 7#a74 7#c7 ,lead service line ,the term lead service line means a pipe and its fittings1 which are not lead free 7as defined under section #adag of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#f771 that connect the drinking water main to the building inlet4 7#d7 ,public water system ,the term public water system has the meaning given such term in section #adja7d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f7#d774 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 section #adeb7;d77#a7 of that ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#a771 including forgiveness of principal under that section4 7#b7 ,authorization 7,a7 ,in general ,using funds provided pursuant to subsection 7d71 an eligible ,state may provide assistance to an eligible system within the eligible ,state for the purpose of addressing lead or other contaminants in drinking water1 including repair and replacement of lead service lines and public water system infrastructure4 7,b7 ,inclusion ,assistance provided under subparagraph 7,a7 may include additional subsidization under section #adeb7;d77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#a771 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 ,inapplicability of 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 pursuant to subsection 7d7 of this section2 7,b7 any other assistance provided to an eligible system2 or 7,c7 any funds required to match the funds provided under subsection 7d74 7c7 ,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 7d7 ,additional ,drinking ,water ,state ,revolving ,fund capitalization grants 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator a total of #ajj1jjj1jjj to provide additional capitalization 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 paragraph 7#c74 7#b7 ,supplemented intended use plans ,from funds made available under paragraph 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 for the purposes described in subsection 7b77#b7 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-- 7,a7 a description of the project2 7,b7 an explanation of the means by which the project will address a situation causing a declared emergency in the eligible ,state2 7,c7 the estimated cost of the project2 and 7,d7 the projected start date for construction of the project4 7#c7 ,unobligated amounts ,any amounts made available to the ,administrator under paragraph 7#a7 that are unobligated on the date that is #ah months after the date on which the amounts are made available shall be available to provide additional grants to ,states to capitalize ,state loan funds as provided under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7#d7 ,applicability 7,a7 ,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 paragraph 7#b74 7,b7 ,unless explicitly waived1 all requirements under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 shall apply to funding provided under this subsection4 7e7 ,health effects evaluation 7#a7 ,in general ,pursuant to section #ajd7;i77#a77;,e7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 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 of #aihj 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 7f7 ,no effect on other projects ,this section shall not affect the application of any provision of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 or the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 to any project that does not receive assistance pursuant to this subtitle4 #bbjb4 ,sense of ,congress ,it is the sense of ,congress that secured loans under the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 shall be-- 7#a7 initially appropriated at #bj1jjj1jjj2 and 7#b7 used for eligible projects1 including those to address lead and other contaminants in drinking water systems4 #bbjc4 ,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 the ,centers for ,disease ,control and ,prevention 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 establish1 within the ,agency for ,toxic ,substances and ,disease ,registry an ,advisory ,committee in coordination with the ,director of the ,centers for ,disease ,control and ,prevention and other relevant agencies as determined by the ,secretary consisting of ,federal members and non-,federal 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 health care1 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 ,authorization of appropriations ,there are authorized to be appropriated for the period of fiscal years #bjag through #bjba-- 7#a7 #ag1ejj1jjj to carry out subsection 7b72 and 7#b7 #b1ejj1jjj to carry out subsection 7c74 #bbjd4 ,other lead programs 7a7 ,childhood lead poisoning prevention program ,in addition to amounts made available through the ,prevention and ,public ,health ,fund established under section #djjb of ,public ,law #aaa-adh 7#db ,u4,s4,c4 #cjju-#aa7 to carry out section #cag;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#a71 there are authorized to be appropriated for the period of fiscal years #bjag and #bjah1 #ae1jjj1jjj for carrying out such section #cag;,a4 7b7 ,healthy ,start program ,there are authorized to be appropriated for the period of fiscal years #bjag and #bjah #ae1jjj1jjj 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 ,c ,control of ,coal ,combustion ,residuals #bcja4 ,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 residuals units that are located in the ,state that1 after approval by the ,administrator1 will operate in lieu of regulation of coal combustion residuals units in the ,state by-- 7i7 application of part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a772 or 7ii7 implementation by the ,administrator of a permit program under paragraph 7#b77;,b74 7,b7 ,requirement ,not later than #ahj days after the date on which a ,state submits the evidence described in subparagraph 7,a71 the ,administrator1 after public notice and an opportunity for public comment1 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 residuals unit located in the ,state to achieve compliance with-- 7i7 the applicable criteria for coal combustion residuals units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a772 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 shall 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 criteria under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a77 if1 based on site-specific conditions1 the ,administrator determines that the technical standards established pursuant to a ,state permit program or other system are at least as protective as the criteria under that part4 7,d7 ,program review and notification 7i7 ,program review ,the ,administrator shall review a ,state permit program or other system of prior approval and conditions that is approved under subparagraph 7,b7-- 7,i7 from time to time1 as the ,administrator determines necessary1 but not less frequently than once every #ab years2 7,,ii7 not later than #c years after the date on which the ,administrator revises the applicable criteria for coal combustion residuals units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a772 7,,iii7 not later than #a year after the date of a significant release 7as defined by the ,administrator71 that was not authorized at the time the release occurred1 from a coal combustion residuals unit located in the ,state2 and 7,,iv7 on request of any other ,state that asserts that the soil1 groundwater1 or surface water of the ,state is or is likely to be adversely affected by a release or potential release from a coal combustion residuals unit located in the ,state for which the program or other system was approved4 7ii7 ,notification and opportunity for a public hearing ,the ,administrator shall provide to a ,state notice of deficiencies with respect to the permit program or other system of prior approval and conditions of the ,state that is approved under subparagraph 7,b71 and an opportunity for a public hearing1 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 necessary to ensure that the permit program or other system of prior approval and conditions continues to ensure that each coal combustion residuals unit located in the ,state achieves compliance with the criteria described in clauses 7i7 and 7ii7 of subparagraph 7,b72 7,,ii7 the ,state has not implemented an adequate permit program or other system of prior approval and conditions that requires each coal combustion residuals unit located in the ,state to achieve compliance with the criteria described in subparagraph 7,b72 or 7,,iii7 the ,state has1 at any time1 approved or failed to revoke a permit for a coal combustion residuals unit1 a release from which adversely affects or is likely to adversely affect the soil1 groundwater1 or surface water of another ,state4 7,e7 ,withdrawal 7i7 ,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 subparagraph 7,d77ii71 the ,administrator determines that the ,state has not corrected the deficiencies identified by the ,administrator under subparagraph 7,d77ii74 7ii7 ,reinstatement of ,state approval ,any withdrawal of approval under clause 7i7 shall cease to be effective on the date on which the ,administrator makes a determination that the ,state has corrected the deficiencies identified by the ,administrator under subparagraph 7,d77ii74 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 provides notice to the ,administrator that1 not fewer than #ij days after the date on which the ,governor provides the notice to the ,administrator1 the ,state will relinquish 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;,e74 7,b7 ,implementation of permit program ,in the case of a nonparticipating ,state and subject to the availability of appropriations specifically provided in an appropriations ,act to carry out a program in a nonparticipating ,state1 the ,administrator shall implement a permit program to require each coal combustion residuals unit located in the nonparticipating ,state to achieve compliance with applicable criteria established by the ,administrator under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a774 7#c7 ,applicability of criteria ,the applicable criteria for coal combustion residuals units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a771 shall apply to each coal combustion residuals 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 effect for the coal combustion residuals unit2 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 effect for the coal combustion residuals unit4 7#d7 ,prohibition on open dumping 7,a7 ,in general ,the ,administrator may use the authority provided by sections #cjjg and #cjjh to enforce the prohibition on open dumping under subsection 7a7 with respect to a coal combustion residuals unit-- 7i7 in a nonparticipating ,state 7as defined in paragraph 7#b772 and 7ii7 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 in accordance with subparagraph 7,b7 of this paragraph4 7,b7 ,federal enforcement in an approved ,state 7i7 ,in general ,in the case of a coal combustion residuals unit located in a ,state that is approved to operate a permit program or other system of prior approval and conditions under paragraph 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 an enforcement action2 or 7,,ii7 after consideration of any other administrative or judicial enforcement action involving the coal combustion residuals unit1 the ,administrator determines that an enforcement action is likely to be necessary to ensure that the coal combustion residuals unit is operating in accordance with the criteria established under the permit program or other system of prior approval and 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 residuals unit is located4 7iii7 ,annual report to ,congress 7,i7 ,in general ,subject to subclause 7,,ii71 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 7i71 including a description of the basis for the enforcement action4 7,,ii7 ,applicability ,subclause 7,i7 shall not apply for any calendar year during which the ,administrator does not commence an enforcement action under clause 7i74 7#e7 ,indian country ,the ,administrator shall establish and carry out a permit program1 in accordance with this subsection1 for coal combustion residuals units in ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 to require each coal combustion residuals 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 regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a774 7#f7 ,treatment of coal combustion residuals units ,a coal combustion residuals unit shall be considered to be a sanitary landfill for purposes of this ,act1 including subsection 7a71 only if the coal combustion residuals unit is operating in accordance with-- 7,a7 the requirements of a permit issued 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 residuals units under part #beg of title #dj1 ,code of ,federal ,regulations 7or successor regulations promulgated pursuant to sections #ajjh7;a77#c7 and #djjd7;a774 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 and ,waste ,act of #bjaf4 4 ,,iii ,natural ,resources ,a ,indian ,dam ,safety #caja4 ,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 #bjbc1 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 #bjbc1 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 #bjbc-- 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 #bjbc1 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 #bjbc1 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 #bjbc-- 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 #bjbc 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 #bjbc 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 7iii7 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 #bjbc1 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 ,b ,irrigation ,rehabilitation and ,renovation for ,indian ,tribal ,governments and ,their ,economies #cbja4 ,definitions ,in this subtitle3 7#a7 ,deferred maintenance ,the term deferred maintenance means any maintenance activity that was delayed to a future date1 in lieu of being carried out at the time at which the activity was scheduled to be1 or otherwise should have been1 carried out4 7#b7 ,fund ,the term ,fund means the ,indian ,irrigation ,fund established by section #cbaa4 7#c7 ,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#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,i ,indian ,irrigation ,fund #cbaa4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,indian ,irrigation ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under section #cbab2 and 7#b7 any interest earned on investment of amounts in the ,fund under section #cbad4 #cbab4 ,deposits to fund 7a7 ,in general ,for each of fiscal years #bjag through #bjba1 the ,secretary of the ,treasury shall deposit in the ,fund #ce1jjj1jjj from the general fund of the ,treasury4 7b7 ,availability of amounts ,amounts deposited in the ,fund under subsection 7a7 shall be used1 subject to appropriation1 to carry out this subtitle4 #cbac4 ,expenditures from fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjag through #bjba1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this subtitle1 not more than the sum of-- 7#a7 #ce1jjj1jjj2 and 7#b7 the amount of interest accrued in the ,fund4 7b7 ,additional expenditures ,the ,secretary may expend more than #ce1jjj1jjj for any fiscal year referred to in subsection 7a7 if the additional amounts are available in the ,fund as a result of a failure of the ,secretary to expend all of the amounts available under subsection 7a7 in #a or more prior fiscal years4 #cbad4 ,investments of amounts 7a7 ,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 7b7 ,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 #cbae4 ,transfers of amounts 7a7 ,in general ,the amounts required to be transferred to the ,fund under this part shall be transferred at least monthly from the general fund of the ,treasury to the ,fund on the basis of estimates made by the ,secretary of the ,treasury4 7b7 ,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 #cbaf4 ,termination ,on ,september #cj1 #bjba-- 7#a7 the ,fund shall terminate2 and 7#b7 the unexpended and unobligated balance of the ,fund shall be transferred to the general fund of the ,treasury4 ,,ii ,repair1 ,replacement1 and ,maintenance of ,certain ,indian ,irrigation ,projects #cbba4 ,repair1 replacement1 and maintenance of certain indian irrigation projects 7a7 ,in general ,the ,secretary shall establish a program to address the deferred maintenance needs and water storage needs of ,indian irrigation projects that-- 7#a7 create risks to public or employee safety or natural or cultural resources2 and 7#b7 unduly impede the management and efficiency of the ,indian irrigation program4 7b7 ,funding ,consistent with section #cbac1 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #ce1jjj1jjj of amounts in the ,fund1 plus accrued interest1 for each of fiscal years #bjag through #bjba to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian irrigation projects described in section #cbbb 7including any structures1 facilities1 equipment1 personnel1 or vehicles used in connection with the operation of those projects71 subject to the condition that the funds expended under this part shall not be-- 7#a7 subject to reimbursement by the owners of the land served by the ,indian irrigation projects2 or 7#b7 assessed as debts or liens against the land served by the ,indian irrigation projects4 #cbbb4 ,eligible projects ,the projects eligible for funding under section #cbba7;b7 are the ,indian irrigation projects in the western ,united ,states that1 on the date of enactment of this ,act-- 7#a7 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 7#b7 are managed and operated by the ,bureau of ,indian ,affairs 7including projects managed1 operated1 or maintained under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq472 and 7#c7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 #cbbc4 ,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 part1 the ,secretary1 in consultation with the ,assistant ,secretary for ,indian ,affairs and representatives of affected ,indian tribes1 shall develop and submit to ,congress-- 7#a7 programmatic goals to carry out this part that-- 7,a7 would enable the completion of repairing1 replacing1 modernizing1 or performing maintenance on projects as expeditiously as practicable2 7,b7 facilitate or improve the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating a project2 7,c7 ensure that the results of government-to-government consultation required under section #cbbe be addressed2 and 7,d7 would facilitate the construction of new water storage using non-,federal contributions to address tribal1 regional1 and watershed-level supply needs2 and 7#b7 funding prioritization criteria to serve as a methodology for distributing funds under this part1 that take into account-- 7,a7 the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee safety or health2 7,b7 the extent to which deferred maintenance poses a threat to natural or cultural resources2 7,c7 the extent to which deferred maintenance poses a threat to the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating the project2 7,d7 the extent to which repairing1 replacing1 modernizing1 or performing maintenance on a facility or structure will-- 7i7 improve public or employee safety1 health1 or accessibility2 7ii7 assist in compliance with codes1 standards1 laws1 or other requirements2 7iii7 address unmet needs2 and 7iv7 assist in protecting natural or cultural resources2 7,e7 the methodology of the rehabilitation priority index of the ,secretary1 as in effect on the date of enactment of this ,act2 7,f7 the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities2 7,g7 the ability of the qualifying project to address tribal1 regional1 and watershed level water supply needs2 and 7,h7 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 section #cbbe4 #cbbd4 ,study of ,indian irrigation program and project management 7a7 ,tribal consultation and user input ,before beginning to conduct the study required under subsection 7b71 the ,secretary shall-- 7#a7 consult with the ,indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section #cbbb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of-- 7,a7 the landowners served by the irrigation project2 and 7,b7 irrigators from adjacent irrigation districts4 7b7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall complete a study that evaluates options for improving programmatic and project management and performance of irrigation projects managed and operated in whole or in part by the ,bureau of ,indian ,affairs4 7c7 ,report ,on completion of the study under subsection 7b71 the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that-- 7#a7 describes the results of the study2 7#b7 determines the cost to financially sustain each project2 7#c7 recommends whether management of each project could be improved by transferring management responsibilities to other ,federal agencies or water user groups2 and 7#d7 includes recommendations for improving programmatic and project management and performance-- 7,a7 in each qualifying project area2 and 7,b7 for the program as a whole4 7d7 ,status report ,not later than #b years after the date of enactment of this ,act1 and not less frequently than every #b years thereafter 7until the end of fiscal year #bjba71 the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that includes a description of-- 7#a7 the progress made toward addressing the deferred maintenance needs of the ,indian irrigation projects described in section #cbbb1 including a list of projects funded during the fiscal period covered by the report2 7#b7 the outstanding needs of those projects that have been provided funding to address the deferred maintenance needs pursuant to this part2 7#c7 the remaining needs of any of those projects2 7#d7 how the goals established pursuant to section #cbbc have been met1 including-- 7,a7 an identification and assessment of any deficiencies or shortfalls in meeting those goals2 and 7,b7 a plan to address the deficiencies or shortfalls in meeting those goals2 and 7#e7 any other subject matters the ,secretary1 to the maximum extent practicable consistent with tribal and user recommendations received pursuant to the consultation and input process under section #cbbe1 determines to be appropriate4 #cbbe4 ,tribal consultation and user input ,before expending funds on an ,indian irrigation project pursuant to section #cbba and not later than #abj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 consult with the ,indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section #cbbb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of-- 7,a7 the landowners served by the irrigation project2 and 7,b7 irrigators from adjacent irrigation districts4 #cbbf4 ,allocation among projects 7a7 ,in general ,subject to subsection 7b71 to the maximum extent practicable1 the ,secretary shall ensure that1 for each of fiscal years #bjag through #bjba1 each ,indian irrigation project eligible for funding under section #cbbb that has critical maintenance needs receives part of the funding under section #cbba to address critical maintenance needs4 7b7 ,priority ,in allocating amounts under section #cbba7;b71 in addition to considering the funding priorities described in section #cbbc1 the ,secretary shall give priority to eligible ,indian irrigation projects serving more than #a ,indian tribe within an ,indian reservation and to projects for which funding has not been made available during the #aj-year period ending on the day before the date of enactment of this ,act under any other ,act of ,congress that expressly identifies the ,indian irrigation project or the ,indian reservation of the project to address the deferred maintenance1 repair1 or replacement needs of the ,indian irrigation project4 7c7 ,cap on funding 7#a7 ,in general ,subject to paragraph 7#b71 in allocating amounts under section #cbba7;b71 the ,secretary shall allocate not more than #ae1jjj1jjj to any individual ,indian irrigation project described in section #cbbb during any consecutive #c-year period4 7#b7 ,exception ,notwithstanding the cap described in paragraph 7#a71 if the full amount under section #cbba7;b7 cannot be fully allocated to eligible ,indian irrigation projects because the costs of the remaining activities authorized in section #cbba7;b7 of an irrigation project would exceed the cap described in paragraph 7#a71 the ,secretary may allocate the remaining funds to eligible ,indian irrigation projects in accordance with this part4 7d7 ,basis of funding ,any amounts made available under this section shall be nonreimbursable4 7e7 ,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 section4 ,c ,weber ,basin prepayments #ccja4 ,prepayment of certain repayment obligations under contracts between the ,united ,states and the ,weber ,basin ,water ,conservancy ,district ,the ,secretary of the ,interior shall allow for prepayment of repayment obligations under ,repayment ,contract ,no4 #ad-jf-djj-cc between the ,united ,states and the ,weber ,basin ,water ,conservancy ,district1 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 future amendments and all related applicable contracts thereto1 providing for repayment of ,weber ,basin ,project construction costs allocated to irrigation and municipal and industrial purposes for which repayment is provided pursuant to such contracts under terms and conditions similar to those used in implementing the prepayment provisions in section #baj of the ,central ,utah ,project ,completion ,act 7,public ,law #ajb-ege71 as amended1 for prepayment of ,central ,utah ,project1 ,bonneville ,unit repayment obligations4 ,the prepayment-- 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 ,act 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 such that total repayment is made not later than ,september #cj1 #bjbf4 ,d ,pechanga water rights settlement #cdja4 ,short title ,this subtitle may be cited as the ,pechanga ,band of ,luiseo ,mission ,indians ,water ,rights ,settlement ,act4 #cdjb4 ,purposes ,the purposes of this subtitle 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 subtitle2 and 7#e7 to authorize the appropriation of amounts necessary for the implementation of the ,pechanga ,settlement ,agreement and this subtitle4 #cdjc4 ,definitions ,in this subtitle3 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 section #cdjg7;e74 7#i7 ,,esaa capacity agreement ,the term ,,esaa ,capacity ,agreement means the ,,esaa ,capacity ,agreement1 among the ,band1 ,,rcwd1 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 ,extension of ,service ,area ,agreement1 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 section #cdji4 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 judgments1 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 section #cdji7;c77#b74 7#bc7 ,pechanga recycled water infrastructure account ,the term ,pechanga ,recycled ,water ,infrastructure account means the account established by section #cdji7;c77#a74 7#bd7 ,pechanga settlement agreement ,the term ,pechanga ,settlement ,agreement means the ,pechanga ,settlement ,agreement1 dated ,april #h1 #bjaf1 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 section #cdje7;f74 7#bf7 ,pechanga water fund account ,the term ,pechanga ,water ,fund account means the account established by section #cdji7;c77#c74 7#bg7 ,pechanga water quality account ,the term ,pechanga ,water ,quality account means the account established by section #cdji7;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 ,recycled ,water ,infrastructure ,agreement 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 subtitle1 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 section #cdje4 #cdjd4 ,approval of the ,pechanga ,settlement ,agreement 7a7 ,ratification of ,pechanga settlement agreement 7#a7 ,in general ,except as modified by this subtitle1 and to the extent that the ,pechanga ,settlement ,agreement does not conflict with this subtitle1 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 subtitle4 7b7 ,execution of ,pechanga settlement agreement 7#a7 ,in general ,to the extent that the ,pechanga ,settlement ,agreement does not conflict with this subtitle1 the ,secretary is directed to and promptly shall execute-- 7,a7 the ,pechanga ,settlement ,agreement 7including any exhibit to the ,pechanga ,settlement ,agreement requiring the signature of the ,secretary72 and 7,b7 any amendment to the ,pechanga ,settlement ,agreement necessary to make the ,pechanga ,settlement ,agreement consistent with this subtitle4 7#b7 ,modifications ,nothing in this subtitle precludes the ,secretary from approving modifications to exhibits to the ,pechanga ,settlement ,agreement not inconsistent with this subtitle1 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 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,pechanga ,settlement ,agreement1 the ,secretary shall promptly comply with all applicable requirements of-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,c7 all other applicable ,federal environmental laws2 and 7,d7 all regulations promulgated under the laws described in subparagraphs 7,a7 through 7,c74 7#b7 ,execution of the ,pechanga ,settlement ,agreement 7,a7 ,in general ,execution of the ,pechanga ,settlement ,agreement by the ,secretary under this section shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,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 #cdje4 ,tribal ,water ,right 7a7 ,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 ,act1 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 subtitle2 7#b7 the availability of funding under this subtitle2 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 subtitle to protect the interests of ,allottees4 7b7 ,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 subtitle1 the ,fallbrook ,decree1 and applicable ,federal law1 the ,band may use the ,tribal ,water ,right for any purpose on the ,reservation4 7c7 ,holding in trust ,the ,tribal ,water ,right1 as set forth in subsection 7b71 shall-- 7#a7 be held in trust by the ,united ,states on behalf of the ,band and the ,allottees in accordance with this section2 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 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 ,right4 7#b7 ,entitlement to water ,any entitlement to water of an ,allottee 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 section4 7e7 ,authority of band 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,band shall have authority to use1 allocate1 distribute1 and lease the ,tribal ,water ,right on the ,reservation in accordance with-- 7,a7 the ,pechanga ,settlement ,agreement2 and 7,b7 applicable ,federal law4 7#b7 ,leases by allottees 7,a7 ,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 7,b7 ,water right appurtenant ,any water right determined to be appurtenant to an interest in land leased by an ,allottee shall be used on such land on the ,reservation4 7f7 ,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-- 7,a7 the management1 regulation1 and governance of all uses of the ,tribal ,water ,right in accordance with the ,pechanga ,settlement ,agreement2 and 7,b7 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 ,subject to the approval of the ,secretary1 the ,pechanga ,water ,code shall provide-- 7,a7 that allocations of water to ,allottees shall be satisfied with water from the ,tribal ,water ,right2 7,b7 that charges for delivery of water for irrigation purposes for ,allottees shall be assessed on a just and equitable basis2 7,c7 a process by which an ,allottee may request that the ,band provide water for irrigation or domestic purposes in accordance with this subtitle2 7,d7 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-- 7i7 appeal and adjudication of any denied or disputed distribution of water2 and 7ii7 resolution of any contested administrative decision2 and 7,e7 a requirement that any ,allottee with a claim relating to the enforcement of rights of the ,allottee under the ,pechanga ,water ,code or relating to the amount of water allocated to land of the ,allottee must first exhaust remedies available to the ,allottee under tribal law and the ,pechanga ,water ,code before initiating an action against the ,united ,states or petitioning the ,secretary pursuant to subsection 7d77#d74 7#c7 ,action by secretary 7,a7 ,in general ,the ,secretary shall administer the ,tribal ,water ,right until the ,pechanga ,water ,code is enacted and approved under this section4 7,b7 ,approval ,any provision of the ,pechanga ,water ,code and any amendment to the ,pechanga ,water ,code that affects the rights of ,allottees-- 7i7 shall be subject to the approval of the ,secretary2 and 7ii7 shall not be valid until approved by the ,secretary4 7,c7 ,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 7g7 ,effect ,except as otherwise specifically provided in this section1 nothing in this subtitle-- 7#a7 authorizes any action by an ,allottee 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 #cdjf4 ,satisfaction of claims 7a7 ,in general ,the benefits provided to the ,band under the ,pechanga ,settlement ,agreement and this subtitle 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 section #cdjg4 7b7 ,allottee claims ,the benefits realized by the ,allottees under this subtitle shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7#a7 all claims that are waived and released pursuant to section #cdjg2 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 section #cdjg4 7c7 ,no recognition of water rights ,except as provided in section #cdje7;d71 nothing in this subtitle recognizes or establishes any right of a member of the ,band or an ,allottee to water within the ,reservation4 7d7 ,claims relating to development of water for reservation 7#a7 ,in general ,the amounts authorized to be appropriated pursuant to section #cdaa 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 section #cdaa1 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 #cdjg4 ,waiver of claims 7a7 ,in general 7#a7 ,waiver of claims by the band and the ,united ,states acting in its capacity as trustee for the band 7,a7 ,in general ,subject to the retention of rights set forth in subsection 7c71 in return for recognition of the ,tribal ,water ,right and other benefits as set forth in the ,pechanga ,settlement ,agreement and this subtitle1 the ,band1 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 subtitle4 7,b7 ,claims against ,,rcwd ,subject to the retention of rights set forth in subsection 7c7 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-- 7i7 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 7ii7 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 subtitle2 7iii7 claims for subsidence damage to land located within the ,reservation arising or occurring at any time up to and including ,june #cj1 #bjji2 7iv7 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 subtitle2 and 7v7 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 subtitle4 7#b7 ,claims by the ,united ,states acting in its capacity as trustee for ,allottees ,subject to the retention of claims set forth in subsection 7c71 in return for recognition of the ,tribal ,water ,right and other benefits as set forth in the ,pechanga ,settlement ,agreement and this subtitle1 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 ,proceeding1 except to the extent such rights are recognized in the ,pechanga ,settlement ,agreement and this subtitle4 7#c7 ,claims by the band against the ,united ,states ,subject to the retention of rights set forth in subsection 7c71 the ,band1 is authorized to execute a waiver and release of-- 7,a7 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 subtitle2 7,b7 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 7,c7 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 7,d7 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 subtitle4 7b7 ,effectiveness of waivers and releases ,the waivers under subsection 7a7 shall take effect on the enforceability date4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases authorized in this subtitle1 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 subtitle2 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 subtitle and the ,pechanga ,settlement ,agreement4 7d7 ,effect of ,pechanga ,settlement ,agreement and ,act ,nothing in the ,pechanga ,settlement ,agreement or this subtitle-- 7#a7 affects the ability of the ,united ,states1 acting as a sovereign1 to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 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 seq472 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 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-- 7,a7 to interpret ,federal law regarding health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or other parties pursuant to ,federal law regarding health1 safety1 or the environment2 or 7,c7 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 subtitle 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 7e7 ,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 subtitle have been deposited in the ,fund2 7#c7 the waivers and releases authorized in subsection 7a7 have been executed by the ,band and the ,secretary2 7#d7 the ,extension of ,service ,area ,agreement-- 7,a7 has been approved and executed by all the parties to the ,extension of ,service ,area ,agreement2 and 7,b7 is effective and enforceable in accordance with the terms of the ,extension of ,service ,area ,agreement2 and 7#e7 the ,,esaa ,water ,delivery ,agreement-- 7,a7 has been approved and executed by all the parties to the ,,esaa ,water ,delivery ,agreement2 and 7,b7 is effective and enforceable in accordance with the terms of the ,,esaa ,water ,delivery ,agreement4 7f7 ,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 for the period beginning on the date of enactment of this ,act and ending on the earlier of-- 7,a7 ,april #cj1 #bjcj1 or such alternate date after ,april #cj1 #bjcj1 as is agreed to by the ,band and the ,secretary2 or 7,b7 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 section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 7g7 ,termination 7#a7 ,in general ,if all of the amounts authorized to be appropriated to the ,secretary pursuant to this subtitle have not been made available to the ,secretary by ,april #cj1 #bjcj-- 7,a7 the waivers authorized by this section shall expire and have no force or effect2 and 7,b7 all statutes of limitations applicable to any claim otherwise waived under this section shall be tolled until ,april #cj1 #bjcj4 7#b7 ,voiding of waivers ,if a waiver authorized by this section is void under paragraph 7#a7-- 7,a7 the approval of the ,united ,states of the ,pechanga ,settlement ,agreement under section #cdjd shall be void and have no further force or effect2 7,b7 any unexpended ,federal amounts appropriated or made available to carry out this subtitle1 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 subtitle shall be returned to the ,federal ,government1 unless otherwise agreed to by the ,band and the ,united ,states and approved by ,congress2 and 7,c7 except for ,federal amounts used to acquire or develop property that is returned to the ,federal ,government under subparagraph 7,b71 the ,united ,states shall be entitled to set off any ,federal amounts appropriated or made available to carry out this subtitle that were expended or 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 #cdjh4 ,water facilities 7a7 ,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 subtitle and the terms and conditions of those agreements4 7b7 ,nonreimbursability of costs ,all costs incurred by the ,secretary in carrying out this section shall be nonreimbursable4 7c7 ,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 section4 7#b7 ,storage ,pond 7,a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the ,pechanga ,recycled ,water ,infrastructure account provide the amounts necessary for a ,storage ,pond in accordance with the ,recycled ,water ,infrastructure ,agreement1 in an amount not to exceed #b1fef1cgd4 7,b7 ,procedure ,the procedure for the ,secretary to provide amounts pursuant to this section shall be as set forth in the ,recycled ,water ,infrastructure ,agreement4 7,c7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,storage ,pond4 7d7 ,,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 section4 7#b7 ,interim capacity 7,a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the ,,esaa ,delivery ,capacity account1 provide amounts necessary for the provision of ,interim ,capacity in accordance with the ,,esaa ,capacity ,agreement in an amount not to exceed #a1jjj1jjj4 7,b7 ,procedure ,the procedure for the ,secretary to provide amounts pursuant to this section shall be as set forth in the ,,esaa ,capacity ,agreement4 7,c7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,interim ,capacity to be provided by ,,rcwd or by the ,band4 7,d7 ,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 7,a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations1 using amounts from the ,,esaa ,delivery ,capacity account1 provide amounts necessary for the provision of ,permanent ,capacity in accordance with the ,,esaa ,capacity ,agreement4 7,b7 ,procedure ,the procedure for the ,secretary to provide funds pursuant to this section shall be as set forth in the ,,esaa ,capacity ,agreement4 7,c7 ,liability ,the ,united ,states shall have no responsibility or liability for the ,permanent ,capacity to be provided by ,,rcwd or by the ,band4 7,d7 ,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 #cdji4 ,pechanga ,settlement ,fund 7a7 ,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 subtitle4 7b7 ,transfers to fund ,the ,fund shall consist of such amounts as are deposited in the ,fund under section #cdaa7;a7 of this subtitle1 together with any interest earned on those amounts1 which shall be available in accordance with subsection 7e74 7c7 ,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 section #cdaa7;a77#a74 7#b7 ,pechanga ,,esaa ,delivery ,capacity account1 consisting of amounts authorized pursuant to section #cdaa7;a77#b74 7#c7 ,pechanga ,water ,fund account1 consisting of amounts authorized pursuant to section #cdaa7;a77#c74 7#d7 ,pechanga ,water ,quality account1 consisting of amounts authorized pursuant to section #cdaa7;a77#d74 7d7 ,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 section4 7e7 ,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 7f7 ,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 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 ,band shall spend all amounts withdrawn from the ,fund in accordance with this subtitle4 7,b7 ,enforcement ,the ,secretary may carry out such judicial or administrative actions as the ,secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the ,band from the ,fund under this subsection are used in accordance with this subtitle4 7g7 ,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 paragraph 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 subsection 7h74 7#c7 ,approval ,if the ,secretary determines that an expenditure plan submitted under this subsection is consistent with the purposes of this subtitle1 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 subsection are used in accordance with this subtitle4 7h7 ,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 section #cdjh7;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 section #cdjh7;d74 7#c7 ,pechanga ,water ,fund account ,the ,pechanga ,water ,fund account shall be used for-- 7,a7 payment of the ,,emwd ,connection ,fee2 7,b7 payment of the ,,mwd ,connection ,fee2 and 7,c7 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 7i7 ,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 subsection 7f7 or 7g74 7j7 ,no per capita distributions ,no portion of the ,fund shall be distributed on a per capita basis to any member of the ,band4 #cdaj4 ,miscellaneous provisions 7a7 ,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 subtitle waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this subtitle 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 7c7 ,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 subtitle 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 7d7 ,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 ,act with respect to preenforcement review of any ,federal environmental enforcement action4 #cdaa4 ,authorization of appropriations 7a7 ,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 section #cdjh7;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 sections #cdjh7;d77#b77;,d7 and #cdjh7;d77#c77;,d7 of this subtitle1 with such adjustment ending on the date on which funds authorized to be appropriated under this section 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 section #cdji7;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 section #cdji7;h77#d74 #cdab4 ,expiration on failure of enforceability date ,if the ,secretary does not publish a statement of findings under section #cdjg7;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 subtitle expires 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 subtitle shall be void2 7#c7 any amounts appropriated under section #cdaa1 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 section #cdaa that remain unexpended shall immediately revert to the general fund of the ,treasury4 #cdac4 ,antideficiency 7a7 ,in general ,notwithstanding any authorization of appropriations to carry out this subtitle1 the expenditure or advance of any funds1 and the performance of any obligation by the ,department in any capacity1 pursuant to this subtitle shall be contingent on the appropriation of funds for that expenditure1 advance1 or performance4 7b7 ,liability ,the ,department of the ,interior shall not be liable for the failure to carry out any obligation or activity authorized by this subtitle if adequate appropriations are not provided to carry out this subtitle4 ,e ,delaware ,river ,basin ,conservation #ceja4 ,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 #cejb4 ,definitions ,in this subtitle3 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 ,grant program ,the term grant program means the voluntary ,delaware ,river ,basin ,restoration ,grant ,program established under section #cejd4 7#e7 ,program ,the term program means the nonregulatory ,delaware ,river ,basin restoration program established under section #cejc4 7#f7 ,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#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director4 7#h7 ,service ,the term ,service means the ,united ,states ,fish and ,wildlife ,service4 #cejc4 ,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 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 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 #cejd4 7c7 ,coordination ,in establishing the program1 the ,secretary shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 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 #cejd4 ,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 #cejc7;d74 7b7 ,criteria ,the ,secretary1 in consultation with the organizations described in section #cejc7;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 #cejc7;d77#b7 and advance the implementation of priority actions or needs identified in the ,basinwide strategy adopted under section #cejc7;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 #ceje4 ,annual letter ,not later than #ahj days after the date of enactment of this ,act and annually thereafter1 the ,secretary shall submit to ,congress a detailed letter on the implementation of this subtitle1 including a description of each project that has received funding under this subtitle4 #cejf4 ,prohibition on use of funds for ,federal acquisition of interests in land ,no funds may be appropriated or used under this subtitle for acquisition by the ,federal ,government of any interest in land4 #cejg4 ,sunset ,this subtitle shall have no force or effect after ,september #cj1 #bjbc4 ,f ,miscellaneous ,provisions #cfja4 ,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 #cfjb4 ,use of trailer homes at ,heart ,butte ,dam and ,reservoir 7,lake ,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 #cfjc4 ,lake ,tahoe ,restoration 7a7 ,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 7b7 ,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 7c7 ,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 7#d7 ,availability of categorical exclusion for certain forest management projects ,a forest management activity conducted in the ,lake ,tahoe ,basin ,management ,unit for the purpose of reducing forest fuels is categorically excluded from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the forest management activity-- 7,a7 notwithstanding section #dbc of the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjji 7division ,e of ,public ,law #aaa-h2 #abc ,stat4 #gdh71 does not exceed #aj1jjj acres1 including not more than #c1jjj acres of mechanical thinning2 7,b7 is developed-- 7i7 in coordination with impacted parties1 specifically including representatives of local governments1 such as county supervisors or county commissioners2 and 7ii7 in consultation with other interested parties2 and 7,c7 is consistent with the ,lake ,tahoe ,basin ,management ,unit land and resource management plan4 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 7d7 ,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 7e7 ,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 7f7 ,conforming amendments2 updates to related laws 7#a7 ,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 subparagraph 7,b77 by inserting 1 ,director1 or ,administrator after ,secretary4 7#b7 ,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 7#c7 ,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 7g7 ,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 subsection 7f77#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 #g 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 two-thirds 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 7#a7 ,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 #cfjd4 ,tuolumne ,band of ,me-,wuk ,indians 7a7 ,federal land ,subject to valid existing rights1 all right1 title1 and interest 7including improvements and appurtenances7 of the ,united ,states in and to the ,federal land described in subsection 7b7 shall be held in trust by the ,united ,states for the benefit of the ,tuolumne ,band of ,me-,wuk ,indians for nongaming purposes4 7b7 ,land ,description ,the land taken into trust under subsection 7a7 is the approximately #hj acres of ,federal land under the administrative jurisdiction of the ,united ,states ,forest ,service1 located in ,tuolumne ,county1 ,california1 and described as follows3 7#a7 ,southwest #a_/d of ,southwest #a_/d of ,section #b1 ,township #a ,north1 ,range #af ,east4 7#b7 ,northeast #a_/d of ,northwest #a_/d of ,section #aa1 ,township #a ,north1 ,range #af ,east of the ,mount ,diablo ,meridian4 7c7 ,gaming ,class ,,ii and class ,,iii gaming 7as those terms are defined in section #d of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgjc77 shall not be permitted at any time on the land taken into trust under subsection 7a74 #cfje4 ,san ,luis ,rey settlement agreement implementation 7a7 ,san ,luis ,rey settlement agreement implementation ,the ,san ,luis ,rey ,indian ,water ,rights ,settlement ,act 7,public ,law #ajj-fge7 is amended by inserting after section #aaa the following3 #aab4 ,implementation of settlement 7a7 ,findings ,congress finds and recognizes as follows3 7#a7 ,the ,city of ,escondido1 ,california1 the ,vista ,irrigation ,district1 the ,san ,luis ,rey ,river ,indian ,water ,authority1 and the ,bands have approved an agreement1 dated ,december #e1 #bjad1 resolving their disputes over the use of certain land and water rights in or near the ,san ,luis ,rey ,river watershed1 the terms of which are consistent with this ,act4 7#b7 ,the ,bands1 the ,san ,luis ,rey ,river ,indian ,water ,authority1 the ,city of ,escondido1 ,california1 the ,vista ,irrigation ,district1 and the ,united ,states have approved a ,settlement ,agreement dated ,january #cj1 #bjae 7hereafter in this section referred to as the ,settlement ,agreement7 that conforms to the requirements of this ,act4 7b7 ,approval and ratification ,all provisions of the ,settlement ,agreement1 including the waivers and releases of the liability of the ,united ,states1 the provisions regarding allottees1 and the provision entitled ,effect of ,settlement ,agreement and ,act1 are hereby approved and ratified4 7c7 ,authorizations ,the ,secretary and the ,attorney ,general are authorized to execute1 on behalf of the ,united ,states1 the ,settlement ,agreement and any amendments approved by the parties as necessary to make the ,settlement ,agreement consistent with this ,act4 ,such execution shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 ,the ,secretary is further authorized and directed to take all steps that the ,secretary may deem necessary or appropriate to implement the ,settlement ,agreement and this ,act4 7d7 ,continued ,federally ,reserved ,and ,other ,water ,rights 7#a7 ,in general ,notwithstanding any other provision of law1 including any provisions in this ,act1 the ,bands had1 have1 and continue to possess federally reserved rights and other water rights held in trust by the ,united ,states4 7#b7 ,future proceedings ,in any proceeding involving the assertion1 enforcement1 or defense of the rights described in this subsection1 the ,united ,states1 in its capacity as trustee for any ,band1 shall not be a required party and any decision by the ,united ,states regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the ,united ,states4 7e7 ,allottees ,congress finds and confirms that the benefits to allottees in the ,settlement ,agreement1 including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the ,bands or the ,indian ,water ,authority1 are equitable and fully satisfy the water rights of the allottees4 7f7 ,no ,precedent ,nothing in this ,act shall be construed or interpreted as a precedent for the litigation or settlement of ,indian reserved water rights4 4 7b7 ,disbursement of funds ,the second sentence of section #aje7;b77#a7 of the ,san ,luis ,rey ,indian ,water ,rights ,settlement ,act 7,public ,law #ajj-fge7 is amended by striking the period at the end1 and inserting the following3 1 provided that-- 7i7 no more than #c1gjj1jjj per year 7in principal1 interest or both7 may be so allocated2 and 7ii7 none of the funds made available by this section shall be available unless the ,director of the ,office of ,management and ,budget first certifies in writing to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,indian ,affairs of the ,senate that the federal budget will record budgetary outlays from the ,san ,luis ,rey ,tribal ,development ,fund of only the monies1 not to exceed #c1gjj1jjj annually1 that the ,secretary of the ,treasury1 pursuant to this section1 allocates and makes available to the ,indian ,water ,authority from the trust fund4 4 #cfjf4 ,tule ,river ,indian ,tribe 7a7 ,in general ,subject to subsection 7b71 valid1 existing rights1 and management agreements related to easements and rights-of-way1 all right1 title1 and interest 7including improvements and appurtenances7 of the ,united ,states in and to the approximately #cd acres of ,federal lands generally depicted on the map titled ,proposed ,lands to be ,held in ,trust for the ,tule ,river ,tribe and dated ,may #ad1 #bjae1 are hereby held in trust by the ,united ,states for the benefit of the ,tule ,river ,indian ,tribe4 7b7 ,easements and rights-of-,way ,for the purposes of subsection 7a71 valid1 existing rights include any easement or right-of-way for which an application is pending with the ,bureau of ,land ,management on the date of the enactment of this ,act4 ,if such application is denied upon final action1 the valid1 existing right related to the application shall cease to exist4 7c7 ,availability of map ,the map referred to in subsection 7a7 shall be on file and available for public inspection at the office of the ,california ,state ,director1 ,bureau of ,land ,management4 7d7 ,conversion of valid1 existing rights 7#a7 ,continuity of use ,any person claiming in good faith to have valid1 existing rights to lands taken into trust by this section may continue to exercise such rights to the same extent that the rights were exercised before the date of the enactment of this ,act until the ,secretary makes a determination on an application submitted under paragraph 7#b77;,b7 or the application is deemed to be granted under paragraph 7#c74 7#b7 ,notice and ,application ,consistent with sections #bhjj through #bhhj of title #dc1 ,code of ,federal ,regulations1 as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall notify any person that claims to have valid1 existing rights1 such as a management agreement1 easement1 or other right-of-way1 to lands taken into trust under subsection 7a7 that-- 7,a7 such lands have been taken into trust2 and 7,b7 the person claiming the valid1 existing rights has #fj days to submit an application to the ,secretary requesting that the valid1 existing rights be converted to a long-term easement or other right-of-way4 7#c7 ,determination ,the ,secretary of the ,interior shall grant or deny an application submitted under paragraph 7#b77;,b7 not later than #ahj days after the application is submitted4 ,such a determination shall be considered a final action4 ,if the ,secretary does not make a determination within #ahj days after the application is submitted1 the application shall be deemed to be granted4 7e7 ,restriction on gaming ,lands taken into trust pursuant to subsection 7a7 shall not be considered to have been taken into trust for1 and shall not be eligible for1 class ,,ii gaming or class ,,iii gaming 7as those terms are defined in section #d of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgjc774 #cfjg4 ,morongo ,band of ,mission ,indians 7a7 ,definitions ,for the purposes of this section1 the following definitions apply3 7#a7 ,banning ,the term ,banning means the ,city of ,banning1 which is located in ,riverside ,county1 ,california adjacent to the ,morongo ,indian ,reservation4 7#b7 ,fields ,the term ,fields means ,lloyd ,l4 ,fields1 the owner of record of ,parcel ,a4 7#c7 ,map ,the term map means the map entitled #8,morongo ,indian ,reservation1 ,county of ,riverside1 ,state of ,california ,land ,exchange ,map'1 and dated ,may #bb1 #bjad1 which is on file in the ,bureau of ,land ,management ,state ,office in ,sacramento1 ,california4 7#d7 ,parcel ,a ,the term ,parcel ,a means the approximately #da4ae acres designated on the map as ,fields lands4 7#e7 ,parcel ,b ,the term ,parcel ,b means the approximately #da4ae acres designated on the map as ,morongo lands4 7#f7 ,parcel ,c ,the term ,parcel ,c means the approximately #a4ba acres designated on the map as ,banning land4 7#g7 ,parcel ,d ,the term ,parcel ,d means the approximately #a4gf acres designated on the map as ,easement to ,banning4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,tribe ,the term ,tribe means the ,morongo ,band of ,mission ,indians1 a federally recognized ,indian tribe4 7b7 ,transfer of lands2 trust lands1 easement 7#a7 ,transfer of ,parcel ,a and ,parcel ,b and easement over ,parcel ,d ,subject to any valid existing rights of any third parties and to legal review and approval of the form and content of any and all instruments of conveyance and policies of title insurance1 upon receipt by the ,secretary of confirmation that ,fields has duly executed and deposited with a mutually acceptable and jointly instructed escrow holder in ,california a deed conveying clear and unencumbered title to ,parcel ,a to the ,united ,states in trust for the exclusive use and benefit of the ,tribe1 and upon receipt by ,fields of confirmation that the ,secretary has duly executed and deposited into escrow with the same mutually acceptable and jointly instructed escrow holder a patent conveying clear and unencumbered title in fee simple to ,parcel ,b to ,fields and has duly executed and deposited into escrow with the same mutually acceptable and jointly instructed escrow holder an easement to the ,city for a public right-of-way over ,parcel ,d1 the ,secretary shall instruct the escrow holder to simultaneously cause-- 7,a7 the patent to ,parcel ,b to be recorded and issued to ,fields2 7,b7 the easement over ,parcel ,d to be recorded and issued to the ,city2 and 7,c7 the deed to ,parcel ,a to be delivered to the ,secretary1 who shall immediately cause said deed to be recorded and held in trust for the ,tribe4 7#b7 ,transfer of ,parcel ,c ,after the simultaneous transfer of parcels ,a1 ,b1 and ,d under paragraph 7#a71 upon receipt by the ,secretary of confirmation that the ,city has vacated its interest in ,parcel ,c pursuant to all applicable ,state and local laws1 the ,secretary shall immediately cause ,parcel ,c to be held in trust for the ,tribe subject to-- 7,a7 any valid existing rights of any third parties2 and 7,b7 legal review and approval of the form and content of any and all instruments of conveyance4 #cfjh4 ,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 #aieh1 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 refers to the ,oklahoma ,city ,water ,utilities ,trust1 acting severally4 7#bb7 ,united states ,the term ,united ,states means the ,united ,states of ,america acting in its capacity as trustee for the ,nations1 their respective members1 citizens1 and allottees1 or as specifically stated or limited in any given reference herein1 in which case it means the ,united ,states of ,america acting in the capacity as set forth in said reference4 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 7n4d4 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 may file an action in the ,united ,states ,district ,court for the ,western ,district of ,oklahoma for determination of the right to water of the allottee4 ,at least #ij days prior to filing such an action1 the allottee shall provide written notice of the suit to the ,united ,states and the ,,owrb4 ,for the ,united ,states1 notice shall be provided to the ,solicitor's ,office1 ,department of the ,interior1 ,washington ,d4,c41 and to the ,office of the ,regional ,director of the ,muskogee ,region1 ,bureau of ,indian ,affairs1 ,department of the ,interior4 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 as part of the complaint1 the allottee shall include certification of the pre-filing notice to the ,united ,states and ,,owrb required by subparagraph 7,b77i74 ,if such certification is not included with the complaint1 the complaint will be deemed filed #ij days after such certification is complete and filed with the court4 ,within #fj days after the complaint is filed or deemed filed or within such extended time as the ,district ,court in its discretion may permit1 the ,united ,states may appear or intervene4 ,after such appearance1 intervention or the expiration of the said #fj days or any extension thereof1 the proceedings and judgment in such action shall bind the ,united ,states and the parties thereto without regard to whether the ,united ,states elects to appear or intervene in such action4 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 ,nations1 each in its own right and on behalf of itself and its respective citizens and members 7but not individuals in their capacities as allottees71 and the ,united ,states1 acting as a trustee for the ,nations 7but not individuals in their capacities as allottees71 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's or the ,choctaw ,nation's unique sovereign status and rights as defined by ,federal law and alleged to arise from treaties to which they are signatories1 including but not limited to the ,treaty of ,dancing ,rabbit ,creek1 ,act of ,sept4 #cj1 #ahcj1 #g ,stat4 #ccc1 ,treaty of ,doaksville1 ,act of ,jan4 #ag1 #ahcg1 #aa ,stat4 #egc1 and the related ,march #bc1 #ahdb1 patent to the ,choctaw ,nation2 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-ibg 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's or the ,choctaw ,nation's unique sovereign status and rights as defined by ,federal law and alleged to arise from treaties to which they are signatories1 including but not limited to the ,treaty of ,dancing ,rabbit ,creek1 ,act of ,sept4 #cj1 #ahcj1 #g ,stat4 #ccc1 ,treaty of ,doaksville1 ,act of ,jan4 #ag1 #ahcg1 #aa ,stat4 #egc1 and the related ,march #bc1 #ahdb1 patent to the ,choctaw ,nation2 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 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 7,i7 through 7,,iii72 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#f77;,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 or the ,trust 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 7#c7 ,limitation ,nothing in the ,settlement ,agreement-- 7,a7 affects the ability of the ,united ,states1 acting as sovereign1 to take actions authorized by law1 including any laws related 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 this section2 7,b7 affects the ability of the ,united ,states to raise defenses based on #dc ,u4,s4,c4 #fff7;a72 and 7,c7 affects any rights1 claims1 or defenses the ,united ,states may have with respect to the use of water on ,federal lands in the ,settlement ,area that are not trust lands or ,allotments4 ,g ,blackfeet water rights settlement #cgja4 ,short title ,this subtitle may be cited as the ,blackfeet ,water ,rights ,settlement ,act4 #cgjb4 ,purposes ,the purposes of this subtitle 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 subtitle2 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 subtitle2 and 7#d7 to authorize funds necessary for the implementation of the ,compact and this subtitle4 #cgjc4 ,definitions ,in this subtitle3 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 subtitle4 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 subtitle4 7#e7 ,enforceability date ,the term enforceability date means the date described in section #cgbj7;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 subtitle4 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 subtitle4 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 subtitle1 including-- 7,a7 the ,lake ,elwell allocation provided to the ,tribe under section #cgji2 and 7,b7 the instream flow water rights described in section #cgai4 7#ba7 ,tribe ,the term ,tribe means the ,blackfeet ,tribe of the ,blackfeet ,indian ,reservation of ,montana4 #cgjd4 ,ratification of compact 7a7 ,ratification 7#a7 ,in general ,as modified by this subtitle1 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 subtitle4 7b7 ,execution 7#a7 ,in general ,to the extent that the ,compact does not conflict with this subtitle1 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 subtitle precludes the ,secretary from approving any modification to an appendix or exhibit to the ,compact that is consistent with this subtitle1 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 subtitle1 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 subtitle4 #cgje4 ,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 ,act2 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 ,act2 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 #cgbj7;f77#e7 that the ,tribal membership has approved the ,compact and this subtitle1 enter into an agreement approved under subsection d7#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 #cgah7;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 #cgjf4 ,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 #cgaf and subsection 7a77#a77;,c7 of section #cgah4 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 subtitle4 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 ,,om,r 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 #cgjg7;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#c7 7except subsection 7c77#c77;,e77i77 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 #cgae7;e74 7#b7 ,compliance with other law ,all subcontracts described in paragraph 7#a7 shall comply with-- 7,a7 this subtitle2 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#a4 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 subtitle4 #cgjg4 ,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 #cgjf1 together with any use by the ,tribe of that water in accordance with this subtitle-- 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 subparagraph 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 #cgah4 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 three 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 one representative of the ,tribe1 the ,secretary appointing one representative of the ,secretary1 and those two 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 ,secretary1 prior to any adjustment provided for in section #cgah1 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 #cgjh4 ,st4 ,mary canal hydroelectric power generation 7a7 ,bureau of reclamation jurisdiction ,effective beginning on the date of enactment of this ,act1 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 ,,om,r 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 ,,om,r 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 #cgji4 ,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 subtitle4 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 subtitle4 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 subtitle 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 ,,om,r 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 ,,om,r 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 #cgaj4 ,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 #cgah4 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 #cgah4 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 section1 prior to any adjustment provided for in section #cgah1 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 #cgjg7;d71 #cgaa1 #cgab1 or #cgac2 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 #cgah4 #cgaa4 ,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 #cgah4 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 section1 prior to any adjustment provided for in section #cgah1 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 ,,om,r 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 #cgjg7;d71 #cgaj1 #cgab1 or #cgac2 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 #cgab4 ,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 subtitle2 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 #cgah4 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 section1 prior to any adjustment provided for in section #cgah1 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 ,,om,r 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 #cgjg7;d71 #cgaj1 #cgaa1 or #cgac2 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 #cgac4 ,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 subtitle2 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 section1 prior to any adjustment provided for in section #cgah1 shall not exceed #ia1jjj1jjj4 7d7 ,,om,r costs ,the ,federal ,government shall have no obligation to pay for the ,,om,r costs for the facilities rehabilitated or constructed under this section4 7e7 ,ownership by tribe ,title to any facility constructed under this section shall be held by the ,tribe4 #cgad4 ,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 #cgaj and #cgaa4 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 #cgaa1 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 subtitle shall be held in trust by the ,united ,states for the benefit of the ,tribe4 #cgae4 ,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 subtitle4 7#c7 ,conflict ,in the event of a conflict between the ,compact and this subtitle1 the provisions of this subtitle 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 ,act1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,compact and this subtitle2 7#b7 the availability of funding under this subtitle 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 subtitle 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 subtitle2 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 purposes1 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 subtitle1 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#a4 of the ,compact1 not later than #d years after the date on which the ,tribe ratifies the ,compact in accordance with this subtitle1 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 subtitle2 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 subtitle4 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 subtitle1 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 ,act 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 subtitle4 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 subtitle for the allocation1 distribution1 leasing1 or other arrangement entered into pursuant to this subtitle shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section #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 subtitle-- 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 #cgaf4 ,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 expended1 consisting of the amounts deposited in the ,trust ,fund under subsection 7c71 together with any interest earned on those amounts1 for the purpose of carrying out this subtitle4 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 #cgah7;a77#a77;,a72 7#b7 in the ,,om,r ,account1 the amount made available pursuant to section #cgah7;a77#a77;,b72 7#c7 in the ,st4 ,mary ,account1 the amount made available pursuant to section #cgah7;a77#a77;,c72 and 7#d7 in the ,blackfeet ,water1 ,storage1 and ,development ,projects ,account1 the amount made available pursuant to section #cgah7;a77#a77;,d74 7d7 ,management and interest 7#a7 ,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 7#b7 ,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 7h74 7e7 ,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 subtitle 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 subtitle4 7f7 ,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 subtitle4 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 subtitle4 7g7 ,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 subtitle4 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 subtitle4 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 subtitle4 7h7 ,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 subtitle 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 #cgac4 7i7 ,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 7j7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,tribe4 7k7 ,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 #cgag4 ,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 subtitle4 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 #cgah7;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 #cgah7;a77#b77;,b72 and 7#c7 in the ,st4 ,mary_/,milk ,water ,management and ,activities ,fund1 the amount made available pursuant to section #cgah7;a77#b77;,c74 7d7 ,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 #cgaa and #cgab4 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 #cgaj4 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 #cgje and #cgjg4 7e7 ,management ,amounts in the ,implementation ,fund shall not be available to the ,secretary for expenditure until the enforceability date4 7f7 ,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 7d74 #cgah4 ,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 #cgaf7;b77#a71 #bh1ijj1jjj2 7,b7 for deposit in the ,,om,r ,account of the ,blackfeet ,settlement ,trust ,fund established under section #cgaf7;b77#b71 #bg1gfj1jjj2 7,c7 for deposit in the ,st4 ,mary ,account of the ,blackfeet ,settlement ,trust ,fund established under section #cgaf7;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 #cgaf7;b77#d71 #ia1jjj1jjj2 and 7,e7 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 #cgag7;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 #cgag7;b77#b71 #ed1ijj1jjj1 of which-- 7i7 #dj1ijj1jjj shall be made available for activities and projects under section #cgaj7;c72 and 7ii7 #ad1jjj1jjj shall be made available for activities and projects under section #cgaj7;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 #cgag7;b77#c71 #bh1ajj1jjj1 of which-- 7i7 #bg1fjj1jjj shall be allocated in accordance with section #cgjg7;g72 and 7ii7 #ejj1jjj shall be used to carry out section #cgje2 and 7,d7 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 #cgai4 ,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 ,park 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 #cgbj4 ,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 7c71 as consideration for recognition of the ,tribal water rights and other benefits as described in the ,compact and this subtitle1 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 subtitle4 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 7c71 as consideration for recognition of the ,tribal water rights and other benefits as described in the ,compact and this subtitle1 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 subtitle4 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 subtitle2 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 subtitle2 7,b7 reserved in subsections 7b7 through 7d7 of section #cgjf 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 subtitle4 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 subsection 7f77#a7 through 7#h7 are not satisfied by the date of expiration described in section #cgbc of this subtitle4 7#b7 ,if the conditions of enforceability in subsection 7f77#a7 through 7#h7 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 subtitle2 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 ,act2 and 7#c7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this subtitle or the ,compact4 7e7 ,effect of compact and subtitle ,nothing in the ,compact or this subtitle-- 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 #cgah7;a7 have been appropriated2 7#c7 the agreements required by sections #cgjf7;c71 #cgjg7;f71 and #cgji7;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 ,act to the ,tribe under the ,compact1 the ,birch ,creek ,agreement1 and this subtitle2 7#e7 the members of the ,tribe have voted to approve this subtitle and the ,compact by a majority of votes cast on the day of the vote1 as certified by the ,secretary and the ,tribe2 7#f7 the ,secretary has fulfilled the requirements of section #cgji7;a72 7#g7 the agreement or terms and conditions referred to in section #cgje 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 ,act and ending on the date on which the amounts made available to carry out this subtitle 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 ,act4 7h7 ,expiration ,if all appropriations authorized by this subtitle have not been made available to the ,secretary by ,january #ba1 #bjbf1 or such alternative later date as is agreed to by the ,tribe and the ,secretary1 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 #cgjd shall no longer be effective2 7#b7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this subtitle1 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 subtitle 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 subtitle 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 #cgba4 ,satisfaction of claims 7a7 ,tribal claims ,the benefits realized by the ,tribe under this subtitle 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 #cgbj7;a72 and 7#b7 objections withdrawn pursuant to section #cgbj7;c74 7b7 ,allottee claims ,the benefits realized by the allottees under this subtitle shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7#a7 all claims waived and released pursuant to section #cgbj7;a77#b72 and 7#b7 any claim of an allottee against the ,united ,states similar in nature to a claim described in section #cgbj7;a77#b7 that the allottee asserted or could have asserted4 #cgbb4 ,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 subtitle waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this subtitle 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 subtitle 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 this 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 ,act 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 subtitle 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 subtitle 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 subtitle 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 #cgbc4 ,expiration on failure to meet enforceability date ,if the ,secretary fails to publish a statement of findings under section #cgbj7;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 subtitle 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 subtitle shall be void2 7#c7 any amounts made available under section #cgah1 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 #cgaf7;e77#b7 if the ,montana ,water ,court denies the ,tribe's request to reinstate the objections in section #cgbj7;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 subtitle2 and 7,b7 any funds made available to carry out the activities authorized by this subtitle from other authorized sources1 except for any funds provided under section #cgaf7;e77#b7 if the ,montana ,water court denies the ,tribe's request to reinstate the objections in section #cgbj7;c74 #cgbd4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this subtitle 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 subtitle2 or 7#b7 there are not enough monies available to carry out the purposes of this subtitle 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 ,h ,water ,desalination #chja4 ,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 avoid or minimize1 adverse economic 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 7d7 ,water production ,the ,secretary shall provide1 as part of the annual budget submission to ,congress1 an estimate of how much water has been produced and delivered in the past fiscal year using processes and facilities developed or demonstrated using assistance provided under sections #c and #d4 ,this submission shall include1 to the extent practicable1 available information on a detailed water accounting by process and facility and the cost per acre foot of water produced and delivered4 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 subsection 7a71 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 ,i ,amendments to the ,great ,lakes ,fish and ,wildlife ,restoration ,act of #aiij #cija4 ,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 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 and 7#d7 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 securing a conservation easement2 and 7,,ii7 restoration or enhancement of the conservation easement4 7,b7 ,appraisal of conservation easement 7i7 ,in general ,the value of 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 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 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 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 securing conservation easements 7i7 ,in general ,all costs associated with securing a conservation easement and restoration or enhancement of that 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 securing the conservation easement and restoration or enhancement of that 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 ,prohibition on use of funds for federal acquisition of interests in land ,section #ajji 7#af ,u4,s4,c4 #ida;g7 is further amended-- 7#a7 by inserting before the sentence the following3 7a7 ,authorization 2 and 7#b7 by adding at the end the following3 7b7 ,prohibition on use of funds for ,federal acquisition of interests in land ,no funds appropriated or used to carry out this ,act may be used for acquisition by the ,federal ,government of any interest in land4 4 7h7 ,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 ,j ,california ,water #djja4 ,operations and reviews 7a7 ,water supplies ,the ,secretary of the ,interior and ,secretary of ,commerce shall provide the maximum quantity of water supplies practicable to ,central ,valley ,project agricultural1 municipal and industrial contractors1 water service or repayment contractors1 water rights settlement contractors1 exchange contractors1 refuge contractors1 and ,state ,water ,project contractors1 by approving1 in accordance with applicable ,federal and ,state laws 7including regulations71 operations or temporary projects to provide additional water supplies as quickly as possible1 based on available information4 7b7 ,administration ,in carrying out subsection 7a71 the ,secretary of the ,interior and ,secretary of ,commerce shall1 consistent with applicable laws 7including regulations7-- 7#a7 7,a7 in close coordination with the ,california ,department of ,water ,resources and the ,california ,department of ,fish and ,wildlife1 implement a pilot project to test and evaluate the ability to operate the ,delta cross-channel gates daily or as otherwise may be appropriate to keep them open to the greatest extent practicable to protect out-migrating salmonids1 manage salinities in the interior ,delta and any other water quality issues1 and maximize ,central ,valley ,project and ,state ,water ,project pumping1 subject to the condition that the pilot project shall be designed and implemented consistent with operational criteria and monitoring criteria required by the ,california ,state ,water ,resources ,control ,board2 and 7,b7 design1 implement1 and evaluate such real-time monitoring capabilities to enable effective real-time operations of the cross channel in order efficiently to meet the objectives described in subparagraph 7,a72 7#b7 with respect to the operation of the ,delta cross-channel gates described in paragraph 7#a71 collect data on the impact of that operation on-- 7,a7 species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 water quality2 and 7,c7 water supply benefits2 7#c7 collaborate with the ,california ,department of ,water ,resources to install a deflection barrier at ,georgiana ,slough and the ,delta ,cross ,channel ,gate to protect migrating salmonids1 consistent with knowledge gained from activities carried out during #bjad and #bjae2 7#d7 upon completion of the pilot project in paragraph 7#a71 submit to the ,senate ,committees on ,energy and ,natural ,resources and ,environment and ,public ,works and the ,house ,committee on ,natural ,resources a written notice and explanation on the extent to which the gates are able to remain open and the pilot project achieves all the goals set forth in paragraphs 7#a7 through 7#c72 7#e7 implement turbidity control strategies that may allow for increased water deliveries while avoiding jeopardy to adult ,delta smelt 7,hypomesus transpacificus72 7#f7 in a timely manner1 evaluate any proposal to increase flow in the ,san ,joaquin ,river through a voluntary sale1 transfer1 or exchange of water from an agency with rights to divert water from the ,san ,joaquin ,river or its tributaries2 7#g7 adopt a #a3a inflow to export ratio for the increment of increased flow1 as measured as a #c-;day running average at ,vernalis during the period from ,april #a through ,may #ca1 that results from the voluntary sale1 transfer1 or exchange1 unless the ,secretary of the ,interior and ,secretary of ,commerce determine in writing that a #a3a inflow to export ratio for that increment of increased flow will cause additional adverse effects on listed salmonid species beyond the range of the effects anticipated to occur to the listed salmonid species for the duration of the salmonid biological opinion using the best scientific and commercial data available2 and subject to the condition that any individual sale1 transfer1 or exchange using a #a3a inflow to export ratio adopted under the authority of this section may only proceed if-- 7,a7 the ,secretary of the ,interior determines that the environmental effects of the proposed sale1 transfer1 or exchange are consistent with effects permitted under applicable law 7including the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq471 and the ,porter-,cologne ,water ,quality ,control ,act 7,california ,water ,code #acjjj et seq4772 7,b7 ,delta conditions are suitable to allow movement of the acquired1 transferred1 or exchanged water through the ,delta consistent with existing ,central ,valley ,project and ,state ,water ,project permitted water rights and the requirements of subsection 7a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act2 and 7,c7 such voluntary sale1 transfer1 or exchange of water results in flow that is in addition to flow that otherwise would occur in the absence of the voluntary sale1 transfer1 or exchange2 7#h7 7,a7 issue all necessary permit decisions during emergency consultation under the authority of the ,secretary of the ,interior and ,secretary of ,commerce not later than #fj days after receiving a completed application by the ,state to place and use temporary barriers or operable gates in ,delta channels to improve water quantity and quality for ,state ,water ,project and ,central ,valley ,project south-of-,delta water contractors and other water users1 which barriers or gates shall provide benefits for species protection and in-,delta water user water quality1 provided that they are designed so that1 if practicable1 formal consultations under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 are not necessary2 and 7,b7 take longer to issue the permit decisions in subparagraph 7,a7 only if the ,secretary determines in writing that an ,environmental ,impact ,statement is needed for the proposal to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#i7 allow and facilitate1 consistent with existing priorities1 water transfers through the ,c4,w4 ,bill ,jones ,pumping ,plant or the ,harvey ,o4 ,banks ,pumping ,plant from ,april #a to ,november #cj2 7#aj7 require the ,director of the ,united ,states ,fish and ,wildlife ,service and the ,commissioner of ,reclamation to-- 7,a7 determine if a written transfer proposal is complete within #cj days after the date of submission of the proposal4 ,if the contracting district or agency or the ,secretary determines that the proposal is incomplete1 the district or agency or the ,secretary shall state with specificity what must be added to or revised for the proposal to be complete2 7,b7 complete all requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 et seq47 necessary to make final permit decisions on water transfer requests in the ,state1 not later than #de days after receiving a completed request2 7,c7 take longer to issue the permit decisions in subparagraph 7,b7 only if the ,secretary determines in writing that an ,environmental ,impact ,statement is needed for the proposal to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 et seq471 or that the application is incomplete pursuant to subparagraph 7,a72 and 7,d7 approve any water transfer request described in subparagraph 7,a7 to maximize the quantity of water supplies on the condition that actions associated with the water transfer are consistent with-- 7i7 existing ,central ,valley ,project and ,state ,water ,project permitted water rights and the requirements of section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act2 and 7ii7 all other applicable laws and regulations2 7#aa7 in coordination with the ,secretary of ,agriculture1 enter into an agreement with the ,national ,academy of ,sciences to conduct a comprehensive study1 to be completed not later than #a year after the date of enactment of this subtitle1 on the effectiveness and environmental impacts of salt cedar biological control efforts on increasing water supplies and improving riparian habitats of the ,colorado ,river and its principal tributaries1 in the ,state of ,california and elsewhere2 7#ab7 pursuant to the research and adaptive management procedures of the smelt biological opinion and the salmonid biological opinion use all available scientific tools to identify any changes to the real-time operations of ,bureau of ,reclamation1 ,state1 and local water projects that could result in the availability of additional water supplies2 and 7#ac7 determine whether alternative operational or other management measures would meet applicable regulatory requirements for listed species while maximizing water supplies and water supply reliability2 and 7#ad7 continue to vary the averaging period of the ,delta ,export_/,inflow ratio1 to the extent consistent with any applicable ,state ,water ,resources ,control ,board orders under decision ,d-#afda1 to operate to a 7,a7 ratio using a #c-;day averaging period on the rising limb of a ,delta inflow hydrograph2 and 7,b7 #ad-;day averaging period on the falling limb of the ,delta inflow hydrograph4 7c7 ,other agencies ,to the extent that a ,federal agency other than the ,department of the ,interior and the ,department of ,commerce has a role in approving projects described in subsections 7a7 and 7b71 this section shall apply to the ,federal agency4 7d7 ,accelerated project decision and elevation 7#a7 ,in general ,on request of the ,governor of ,california1 the ,secretary of the ,interior and ,secretary of ,commerce shall use the expedited procedures under this subsection to make final decisions relating to ,federal or federally approved projects or operational changes proposed pursuant to subsections 7a7 and 7b7 to provide additional water supplies or otherwise address emergency drought conditions4 7#b7 ,request for resolution ,not later than #g days after receiving a request of the ,governor of ,california1 the ,secretaries referred to in paragraph 7#a71 or the head of another ,federal agency responsible for carrying out a review of a project1 as applicable1 the ,secretary of the ,interior shall convene a final project decision meeting with the heads of all relevant ,federal agencies to decide whether to approve a project to provide emergency water supplies or otherwise address emergency drought condition4 7#c7 ,notification ,upon receipt of a request for a meeting under this subsection1 the ,secretary of the ,interior shall notify the heads of all relevant ,federal agencies of the request1 including a description of the project to be reviewed and the date for the meeting4 7#d7 ,decision ,not later than #aj days after the date on which a meeting is requested under paragraph 7#b71 the head of the relevant ,federal agency shall issue a final decision on the project4 7#b7 ,meeting convened by secretary ,the ,secretary of the ,interior may convene a final project decision meeting under this subsection at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under paragraph 7#b74 7#c7 ,limitation ,the expedited procedures under this subsection apply only to-- 7,a7 proposed new ,federal projects or operational changes pursuant to subsection 7a7 or 7b72 and 7,b7 the extent they are consistent with applicable laws 7including regulations74 7e7 ,operations plan ,the ,secretaries of ,commerce and the ,interior1 in consultation with appropriate ,state officials1 shall develop an operations plan that is consistent with the provisions of this subtitle and other applicable ,federal and ,state laws1 including provisions that are intended to provide additional water supplies that could be of assistance during the current drought4 #djjb4 ,scientifically supported implementation of ,,omr flow requirements 7a7 ,in general ,in implementing the provisions of the smelt biological opinion and the salmonid biological opinion1 the ,secretary of the ,interior and the ,secretary of ,commerce shall manage reverse flow in ,old and ,middle ,rivers at the most negative reverse flow rate allowed under the applicable biological opinion to maximize water supplies for the ,central ,valley ,project and the ,state ,water ,project1 unless that management of reverse flow in ,old and ,middle ,rivers to maximize water supplies would cause additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion1 or would be inconsistent with applicable ,state law requirements1 including water quality1 salinity control1 and compliance with ,state ,water ,resources ,control ,board ,order ,d-#afda or a successor order4 7b7 ,requirements ,if the ,secretary of the ,interior or ,secretary of ,commerce determines to manage rates of pumping at the ,c4,w4 ,bill ,jones and the ,harvey ,o4 ,banks pumping plants in the southern ,delta to achieve a reverse ,,omr flow rate less negative than the most negative reverse flow rate prescribed by the applicable biological opinion1 the ,secretary shall-- 7#a7 document in writing any significant facts regarding real-time conditions relevant to the determinations of ,,omr reverse flow rates1 including-- 7,a7 targeted real-time fish monitoring in the ,old ,river pursuant to this section1 including as it pertains to the smelt biological opinion monitoring of ,delta smelt in the vicinity of ,station #ijb2 7,b7 near-term forecasts with available salvage models under prevailing conditions of the effects on the listed species of ,,omr flow at the most negative reverse flow rate prescribed by the biological opinion2 and 7,c7 any requirements under applicable ,state law2 and 7#b7 explain in writing why any decision to manage ,,omr reverse flow at rates less negative than the most negative reverse flow rate prescribed by the biological opinion is necessary to avoid additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion1 after considering relevant factors such as-- 7,a7 the distribution of the listed species throughout the ,delta2 7,b7 the potential effects of high entrainment risk on subsequent species abundance2 7,c7 the water temperature2 7,d7 other significant factors relevant to the determination1 as required by applicable ,federal or ,state laws2 7,e7 turbidity2 and 7,f7 whether any alternative measures could have a substantially lesser water supply impact4 7c7 ,level of detail required ,the analyses and documentation required by this section shall be comparable to the depth and complexity as is appropriate for real time decision-making4 ,this section shall not be interpreted to require a level of administrative findings and documentation that could impede the execution of effective real time adaptive management4 7d7 ,first sediment flush ,during the first flush of sediment out of the ,delta in each water year1 and provided that such determination is based upon objective evidence1 notwithstanding subsection 7a71 the ,secretary of the ,interior shall manage ,,omr flow pursuant to the provisions of the smelt biological opinion that protects adult ,delta smelt from the first flush if required to do so by the smelt biological opinion4 7e7 ,construction ,the ,secretary of the ,interior and the ,secretary of ,commerce are authorized to implement subsection 7a7 consistent with the results of monitoring through ,early ,warning ,surveys to make real time operational decisions consistent with the current applicable biological opinion4 7f7 ,calculation of reverse flow in ,,omr ,within #ahj days of the enactment of this subtitle1 the ,secretary of the ,interior is directed1 in consultation with the ,california ,department of ,water ,resources1 and consistent with the smelt biological opinion and the salmonid biological opinion1 to review1 modify1 and implement1 if appropriate1 the method used to calculate reverse flow in ,old and ,middle ,rivers1 for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid biological opinion1 and any succeeding biological opinions4 #djjc4 ,temporary operational flexibility for storm events 7a7 ,in general 7#a7 ,nothing in this subtitle authorizes additional adverse effects on listed species beyond the range of the effects anticipated to occur to the listed species for the duration of the smelt biological opinion or salmonid biological opinion1 using the best scientific and commercial data available4 7#b7 ,when consistent with the environmental protection mandate in paragraph 7#a7 while maximizing water supplies for ,central ,valley ,project and ,state ,water ,project contractors1 the ,secretary of the ,interior and the ,secretary of ,commerce1 through an operations plan1 shall evaluate and may authorize the ,central ,valley ,project and the ,state ,water ,project1 combined1 to operate at levels that result in ,,omr flows more negative than the most negative reverse flow rate prescribed by the applicable biological opinion 7based on ,united ,states ,geological ,survey gauges on ,old and ,middle ,rivers7 daily average as described in subsections 7b7 and 7c7 to capture peak flows during storm-related events4 7b7 ,factors to be considered ,in determining additional adverse effects on any listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the smelt biological opinion or salmonid biological opinion1 using the best scientific and commercial data available1 the ,secretaries of the ,interior and ,commerce may consider factors including3 7#a7 ,the degree to which the ,delta outflow index indicates a higher level of flow available for diversion4 7#b7 ,relevant physical parameters including projected inflows1 turbidity1 salinities1 and tidal cycles4 7#c7 ,the real-time distribution of listed species4 7c7 ,other environmental protections 7#a7 ,state law ,the actions of the ,secretary of the ,interior and the ,secretary of ,commerce under this section shall be consistent with applicable regulatory requirements under ,state law4 7#b7 ,first sediment flush ,during the first flush of sediment out of the ,delta in each water year1 and provided that such determination is based upon objective evidence1 the ,secretary of the ,interior shall manage ,,omr flow pursuant to the portion of the smelt biological opinion that protects adult ,delta smelt from the first flush if required to do so by the smelt biological opinion4 7#c7 ,applicability of opinion ,this section shall not affect the application of the salmonid biological opinion from ,april #a to ,may #ca1 unless the ,secretary of ,commerce finds that some or all of such applicable requirements may be adjusted during this time period to provide emergency water supply relief without resulting in additional adverse effects on listed salmonid species beyond the range of the effects anticipated to occur to the listed salmonid species for the duration of the salmonid biological opinion using the best scientific and commercial data available4 ,in addition to any other actions to benefit water supply1 the ,secretary of the ,interior and the ,secretary of ,commerce shall consider allowing through-,delta water transfers to occur during this period if they can be accomplished consistent with section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act and other applicable law4 ,water transfers solely or exclusively through the ,state ,water ,project are not required to be consistent with subsection 7a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act4 7#d7 ,monitoring ,during operations under this section1 the ,commissioner of ,reclamation1 in coordination with the ,fish and ,wildlife ,service1 ,national ,marine ,fisheries ,service1 and ,california ,department of ,fish and ,wildlife1 shall undertake expanded monitoring programs and other data gathering to improve the efficiency of operations for listed species protections and ,central ,valley ,project and ,state ,water ,project water supply to ensure incidental take levels are not exceeded1 and to identify potential negative impacts1 if any4 7d7 ,effect of high outflows ,when exercising their authorities to capture peak flows pursuant to subsection 7c71 the ,secretary of the ,interior and the ,secretary of ,commerce shall not count such days toward the #e-;day and #ad-;day running averages of tidally filtered daily ,old and ,middle ,river flow requirements under the smelt biological opinion and salmonid biological opinion1 unless doing so is required to avoid additional adverse effects on listed fish species beyond those anticipated to occur through implementation of the smelt biological opinion and salmonid biological opinion using the best scientific and commercial data available4 7e7 ,level of detail required for analysis ,in articulating the determinations required under this section1 the ,secretary of the ,interior and the ,secretary of ,commerce shall fully satisfy the requirements herein but shall not be expected to provide a greater level of supporting detail for the analysis than feasible to provide within the short timeframe permitted for timely real-time decisionmaking in response to changing conditions in the ,delta4 #djjd4 ,consultation on coordinated operations 7a7 ,resolution of water resource issues ,in furtherance of the policy established by section #b7;c77#b7 of the ,endangered ,species ,act of #aigc1 that ,federal agencies shall cooperate with ,state and local agencies to resolve water resource issues in concert with conservation of endangered species1 in any consultation or reconsultation on the coordinated operations of the ,central ,valley ,project and the ,state ,water ,project1 the ,secretaries of the ,interior and ,commerce shall ensure that any public water agency that contracts for the delivery of water from the ,central ,valley ,project or the ,state ,water ,project that so requests shall-- 7#a7 have routine and continuing opportunities to discuss and submit information to the action agency for consideration during the development of any biological assessment2 7#b7 be informed by the action agency of the schedule for preparation of a biological assessment2 7#c7 be informed by the consulting agency1 the ,u4,s4 ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service1 of the schedule for preparation of the biological opinion at such time as the biological assessment is submitted to the consulting agency by the action agency2 7#d7 receive a copy of any draft biological opinion and have the opportunity to review that document and provide comment to the consulting agency through the action agency1 which comments will be afforded due consideration during the consultation2 7#e7 have the opportunity to confer with the action agency and applicant1 if any1 about reasonable and prudent alternatives prior to the action agency or applicant identifying one or more reasonable and prudent alternatives for consideration by the consulting agency2 and 7#f7 where the consulting agency suggests a reasonable and prudent alternative be informed-- 7,a7 how each component of the alternative will contribute to avoiding jeopardy or adverse modification of critical habitat and the scientific data or information that supports each component of the alternative2 and 7,b7 why other proposed alternative actions that would have fewer adverse water supply and economic impacts are inadequate to avoid jeopardy or adverse modification of critical habitat4 7b7 ,input ,when consultation is ongoing1 the ,secretaries of the ,interior and ,commerce shall regularly solicit input from and report their progress to the ,collaborative ,adaptive ,management ,team and the ,collaborative ,science and ,adaptive ,management ,program policy group4 ,the ,collaborative ,adaptive ,management ,team and the ,collaborative ,science and ,adaptive ,management ,program policy group may provide the ,secretaries with recommendations to improve the effects analysis and ,federal agency determinations4 ,the ,secretaries shall give due consideration to the recommendations when developing the ,biological ,assessment and ,biological ,opinion4 7c7 ,meetings ,the ,secretaries shall establish a quarterly stakeholder meeting during any consultation or reconsultation for the purpose of providing updates on the development of the ,biological ,assessment and ,biological ,opinion4 ,the quarterly stakeholder meeting shall be open to stakeholders identified by the ,secretaries representing a broad range of interests including environmental1 recreational and commercial fishing1 agricultural1 municipal1 ,delta1 and other regional interests1 and including stakeholders that are not state or local agencies4 7d7 ,clarification ,neither subsection 7b7 or 7c7 of this section may be used to meet the requirements of subsection 7a74 7e7 ,non-applicability of ,,faca ,for the purposes of subsection 7b71 the ,collaborative ,adaptive ,management ,team1 the ,collaborative ,science and ,adaptive ,management ,program policy group1 and any recommendations made to the ,secretaries1 are exempt from the ,federal ,advisory ,committee ,act4 #djje4 ,protections 7a7 ,applicability ,this section shall apply only to sections #djja through #djjf4 7b7 ,offset for state water project 7#a7 ,implementation impacts ,the ,secretary of the ,interior shall confer with the ,california ,department of ,fish and ,wildlife in connection with the implementation of the applicable provisions of this subtitle on potential impacts to any consistency determination for operations of the ,state ,water ,project issued pursuant to ,california ,fish and ,game ,code section #bjhj4a4 7#b7 ,additional yield ,if1 as a result of the application of the applicable provisions of this subtitle1 the ,california ,department of ,fish and ,wildlife-- 7,a7 determines that operations of the ,state ,water ,project are inconsistent with the consistency determinations issued pursuant to ,california ,fish and ,game ,code section #bjhj4a for operations of the ,state ,water ,project2 or 7,b7 requires take authorization under ,california ,fish and ,game ,code section #bjha for operation of the ,state ,water ,project2 in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion2 and as a result1 ,central ,valley ,project yield is greater than it otherwise would have been1 then that additional yield shall be made available to the ,state ,water ,project for delivery to ,state ,water ,project contractors to offset that reduced water supply1 provided that if it is necessary to reduce water supplies for any ,central ,valley ,project authorized uses or contractors to make available to the ,state ,water ,project that additional yield1 such reductions shall be applied proportionately to those uses or contractors that benefit from that increased yield4 7#c7 ,notification related to environmental protections ,the ,secretary of the ,interior and ,secretary of ,commerce shall-- 7,a7 notify the ,director of the ,california ,department of ,fish and ,wildlife regarding any changes in the manner in which the smelt biological opinion or the salmonid biological opinion is implemented2 and 7,b7 confirm that those changes are consistent with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#d7 ,savings ,nothing in the applicable provisions of this subtitle shall have any effect on the application of the ,california ,endangered ,species ,act 7,california ,fish and ,game ,code sections #bjej through #baaf74 7c7 ,area of origin and water rights protections 7#a7 ,in general ,the ,secretary of the ,interior and the ,secretary of ,commerce1 in carrying out the mandates of the applicable provisions of this subtitle1 shall take no action that-- 7,a7 diminishes1 impairs1 or otherwise affects in any manner any area of origin1 watershed of origin1 county of origin1 or any other water rights protection1 including rights to water appropriated before ,december #ai1 #aiad1 provided under ,state law2 7,b7 limits1 expands or otherwise affects the application of section #ajeje1 #ajeje4e1 #aaabh1 #aadfj1 #aadfa1 #aadfb1 #aadfc or #abbjj through #abbbj of the ,california ,water ,code or any other provision of ,state water rights law1 without respect to whether such a provision is specifically referred to in this section2 or 7,c7 diminishes1 impairs1 or otherwise affects in any manner any water rights or water rights priorities under applicable law4 7#b7 ,effect of act 7,a7 ,nothing in the applicable provisions of this subtitle affects or modifies any obligation of the ,secretary of the ,interior under section #h of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #cij1 chapter #ajic74 7,b7 ,nothing in the applicable provisions of this subtitle diminishes1 impairs1 or otherwise affects in any manner any ,project purposes or priorities for the allocation1 delivery or use of water under applicable law1 including the ,project purposes and priorities established under section #cdjb and section #cdjf of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf74 7d7 ,no redirected adverse impacts 7#a7 ,in general ,the ,secretary of the ,interior and ,secretary of ,commerce shall not carry out any specific action authorized under the applicable provisions of this subtitle that would directly or through ,state agency action indirectly result in the involuntary reduction of water supply to an individual1 district1 or agency that has in effect a contract for water with the ,state ,water ,project or the ,central ,valley ,project1 including ,settlement and ,exchange contracts1 refuge contracts1 and ,friant ,division contracts1 as compared to the water supply that would be provided in the absence of action under this subtitle1 and nothing in this section is intended to modify1 amend or affect any of the rights and obligations of the parties to such contracts4 7#b7 ,action on determination ,if1 after exploring all options1 the ,secretary of the ,interior or the ,secretary of ,commerce makes a final determination that a proposed action under the applicable provisions of this subtitle cannot be carried out in accordance with paragraph 7#a71 that ,secretary-- 7,a7 shall document that determination in writing for that action1 including a statement of the facts relied on1 and an explanation of the basis1 for the decision2 and 7,b7 is subject to applicable law1 including the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7e7 ,allocations for ,sacramento valley water service contractors 7#a7 ,definitions ,in this subsection3 7,a7 ,existing central valley project agricultural water service contractor within the ,sacramento river watershed ,the term existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed means any water service contractor within the ,shasta1 ,trinity1 or ,sacramento ,river division of the ,central ,valley ,project that has in effect a water service contract on the date of enactment of this subtitle that provides water for irrigation4 7,b7 ,year terms ,the terms ,above ,normal1 ,below ,normal1 ,dry1 and ,wet1 with respect to a year1 have the meanings given those terms in the ,sacramento ,valley ,water ,year ,type 7#dj-cj-cj7 ,index4 7#b7 ,allocations of water 7,a7 ,allocations ,subject to paragraph 7#c71 the ,secretary of the ,interior shall make every reasonable effort in the operation of the ,central ,valley ,project to allocate water provided for irrigation purposes to each existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in accordance with the following3 7i7 ,not less than #ajj percent of the contract quantity of the existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in a ,wet year4 7ii7 ,not less than #ajj percent of the contract quantity of the existing ,central ,valley ,project agricultural water service ,contractor within the ,sacramento ,river ,watershed in an ,above ,normal year4 7iii7 ,not less than #ajj percent of the contract quantity of the existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in a ,below ,normal year that is preceded by an ,above ,normal or ,wet year4 7iv7 ,not less than #ej percent of the contract quantity of the existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in a ,dry year that is preceded by a ,below ,normal1 ,above ,normal1 or ,wet year4 7v7 ,in any other year not identified in any of clauses 7i7 through 7iv71 not less than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors1 up to #ajj percent4 7,b7 ,effect of clause ,in the event of anomalous circumstances1 nothing in clause 7,a77v7 precludes an allocation to an existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed that is greater than twice the allocation percentage to a south-of-,delta ,central ,valley ,project agricultural water service contractor4 7#c7 ,protection of environment1 municipal and industrial supplies1 and other contractors 7,a7 ,environment ,nothing in paragraph 7#b7 shall adversely affect any protections for the environment1 including-- 7i7 the obligation of the ,secretary of the ,interior to make water available to managed wetlands pursuant to section #cdjf7;d7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbb72 or 7ii7 any obligation-- 7,i7 of the ,secretary of the ,interior and the ,secretary of ,commerce under the smelt biological opinion1 the salmonid biological opinion1 or any other applicable biological opinion2 including the ,shasta ,dam cold water pool requirements as set forth in the salmonid biological opinion or any other applicable ,state or ,federal law 7including regulations72 or 7,,ii7 under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 et seq471 the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 or any other applicable ,state or ,federal law 7including regulations74 7,b7 ,municipal and industrial supplies ,nothing in paragraph 7#b7 shall-- 7i7 modify any provision of a water service contract that addresses municipal or industrial water shortage policies of the ,secretary of the ,interior and the ,secretary of ,commerce2 7ii7 affect or limit the authority of the ,secretary of the ,interior and the ,secretary of ,commerce to adopt or modify municipal and industrial water shortage policies2 7iii7 affect or limit the authority of the ,secretary of the ,interior and the ,secretary of ,commerce to implement a municipal or industrial water shortage policy2 7iv7 constrain1 govern1 or affect1 directly or indirectly1 the operations of the ,american ,river division of the ,central ,valley ,project or any deliveries from that division or a unit or facility of that division2 or 7v7 affects any allocation to a ,central ,valley ,project municipal or industrial water service contractor by increasing or decreasing allocations to the contractor1 as compared to the allocation the contractor would have received absent paragraph 7#b74 7,c7 ,other contractors ,nothing in paragraph 7#b7 shall-- 7i7 affect the priority of any individual or entity with a ,sacramento ,river settlement contract over water service or repayment contractors2 7ii7 affect the obligation of the ,united ,states to make a substitute supply of water available to the ,san ,joaquin ,river exchange contractors2 7iii7 affect the allocation of water to ,friant division contractors of the ,central ,valley ,project2 7iv7 result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the ,friant division2 7v7 result in the involuntary reduction in water allocations to refuge contractors2 or 7vi7 authorize any actions inconsistent with ,state water rights law4 #djjf4 ,new ,melones ,reservoir ,the ,commissioner is directed to work with local water and irrigation districts in the ,stanislaus ,river ,basin to ascertain the water storage made available by the ,draft ,plan of ,operations in ,new ,melones ,reservoir 7,,drpo7 for water conservation programs1 conjunctive use projects1 water transfers1 rescheduled project water and other projects to maximize water storage and ensure the beneficial use of the water resources in the ,stanislaus ,river ,basin4 ,all such programs and projects shall be implemented according to all applicable laws and regulations4 ,the source of water for any such storage program at ,new ,melones ,reservoir shall be made available under a valid water right1 consistent with the ,state water transfer guidelines and any other applicable ,state water law4 ,the ,commissioner shall inform the ,congress within #ah months setting forth the amount of storage made available by the ,,drpo that has been put to use under this program1 including proposals received by the ,commissioner from interested parties for the purpose of this section4 #djjg4 ,storage 7a7 ,definitions ,in this subtitle3 7#a7 ,federally owned storage project ,the term federally owned storage project means any project involving a surface water storage facility in a ,reclamation ,state-- 7,a7 to which the ,united ,states holds title2 and 7,b7 that was authorized to be constructed1 operated1 and maintained pursuant to the reclamation laws4 7#b7 ,state-led storage project ,the term ,state-led storage project means any project in a ,reclamation ,state that-- 7,a7 involves a groundwater or surface water storage facility constructed1 operated1 and maintained by any ,state1 department of a ,state1 subdivision of a ,state1 or public agency organized pursuant to ,state law2 and 7,b7 provides a benefit in meeting any obligation under ,federal law 7including regulations74 7b7 ,federally owned storage projects 7#a7 ,agreements ,on the request of any ,state1 any department1 agency1 or subdivision of a ,state1 or any public agency organized pursuant to ,state law1 the ,secretary of the ,interior may negotiate and enter into an agreement on behalf of the ,united ,states for the design1 study1 and construction or expansion of any federally owned storage project in accordance with this section4 7#b7 ,federal cost share ,subject to the requirements of this subsection1 the ,secretary of the ,interior may participate in a federally owned storage project in an amount equal to not more than #ej percent of the total cost of the federally owned storage project4 7#c7 ,commencement ,the construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the ,secretary of the ,interior-- 7,a7 determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws2 7,b7 secures an agreement providing upfront funding as is necessary to pay the non-,federal share of the capital costs2 and 7,c7 determines that1 in return for the ,federal cost-share investment in the federally owned storage project1 at least a proportionate share of the project benefits are ,federal benefits1 including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges4 7#d7 ,environmental laws ,in participating in a federally owned storage project under this subsection1 the ,secretary of the ,interior shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,state-,led storage projects 7#a7 ,in general ,subject to the requirements of this subsection1 the ,secretary of the ,interior may participate in a ,state-led storage project in an amount equal to not more than #be percent of the total cost of the ,state-led storage project4 7#b7 ,request by governor ,participation by the ,secretary of the ,interior in a ,state-led storage project under this subsection shall not occur unless-- 7,a7 the participation has been requested by the ,governor of the ,state in which the ,state-led storage project is located2 7,b7 the ,state or local sponsor determines1 and the ,secretary of the ,interior concurs1 that-- 7i7 the ,state-led storage project is technically and financially feasible and provides a ,federal benefit in accordance with the reclamation laws2 7ii7 sufficient non-,federal funding is available to complete the ,state-led storage project2 and 7iii7 the ,state-led storage project sponsors are financially solvent2 7,c7 the ,secretary of the ,interior determines that1 in return for the ,federal cost-share investment in the ,state-led storage project1 at least a proportional share of the project benefits are the ,federal benefits1 including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges2 and 7,d7 the ,secretary of the ,interior submits to ,congress a written notification of these determinations within #cj days of making such determinations4 7#c7 ,environmental laws ,when participating in a ,state-led storage project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,information ,when participating in a ,state-led storage project under this subsection1 the ,secretary of the ,interior-- 7,a7 may rely on reports prepared by the sponsor of the ,state-led storage project1 including feasibility 7or equivalent7 studies1 environmental analyses1 and other pertinent reports and analyses2 but 7,b7 shall retain responsibility for making the independent determinations described in paragraph 7#b74 7d7 ,authority ,to provide assistance ,the ,secretary of the ,interior may provide financial assistance under this subtitle to carry out projects within any ,reclamation ,state4 7e7 ,rights ,to use capacity ,subject to compliance with ,state water rights laws1 the right to use the capacity of a federally owned storage project or ,state-led storage project for which the ,secretary of the ,interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the ,secretary of the ,interior and each other party to the agreement4 7f7 ,compliance with ,california water bond 7#a7 ,in general ,the provision of ,federal funding for construction of a ,state-led storage project in the ,state of ,california shall be subject to the condition that the ,california ,water ,commission shall determine that the ,state-led storage project is consistent with the ,california ,water ,quality1 ,supply1 and ,infrastructure ,improvement ,act1 approved by ,california voters on ,november #d1 #bjad4 7#b7 ,applicability ,this subsection expires on the date on which ,state bond funds available under the ,act referred to in paragraph 7#a7 are expended4 7g7 ,partnership and agreements ,the ,secretary of the ,interior1 acting through the ,commissioner1 may partner or enter into an agreement regarding the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply1 ,reliability1 and ,environmental ,improvement ,act 7,public ,law #ajh-cfa2 #aah ,stat4 #afhh7 with local joint powers authorities formed pursuant to ,state law by irrigation districts and other local water districts and local governments within the applicable hydrologic region1 to advance those projects4 7h7 ,authorization of appropriations 7#a7 #cce1jjj1jjj of funding in section #djaa7;e7 is authorized to remain available until expended4 7#b7 ,projects can only receive funding if enacted appropriations legislation designates funding to them by name1 after the ,secretary recommends specific projects for funding pursuant to this section and transmits such recommendations to the appropriate committees of ,congress4 7i7 ,sunset ,this section shall apply only to federally owned storage projects and ,state-led storage projects that the ,secretary of the ,interior determines to be feasible before ,january #a1 #bjba4 7j7 ,consistency with ,state law ,nothing in this section preempts or modifies any obligation of the ,united ,states to act in conformance with applicable ,state law4 7k7 ,calfed authorization ,title ,i of ,public ,law #ajh-cfa 7the ,calfed ,bay-,delta ,authorization ,act7 7#aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab7 7as amended by section #bjg of ,public ,law #aad-aac7 is amended by striking #bjag each place it appears and inserting #bjai4 #djjh4 ,losses caused by the construction and operation of storage projects 7a7 ,marinas1 recreational facilities1 other businesses ,if in constructing any new or modified water storage project included in section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd71 the ,bureau of ,reclamation destroys or otherwise adversely affects any existing marina1 recreational facility1 or other water-dependent business when constructing or operating a new or modified water storage project1 the ,secretaries of the ,interior and ,agriculture1 acting through the ,bureau and the ,forest ,service shall-- 7#a7 provide compensation otherwise required by law2 and 7#b7 provide the owner of the affected marina1 recreational facility1 or other water-dependent business under mutually agreeable terms and conditions with the right of first refusal to construct and operate a replacement marina1 recreational facility1 or other water-dependent business1 as the case may be1 on ,united ,states land associated with the new or modified water storage project4 7b7 ,hydroelectric projects ,if in constructing any new or modified water storage project included in section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd71 the ,bureau of ,reclamation reduces or eliminates the capacity or generation of any existing non-,federal hydroelectric project by inundation or otherwise1 the ,secretary of the ,interior shall1 subject to the requirements and limitations of this section-- 7#a7 provide compensation otherwise required by law2 7#b7 provide the owner of the affected hydroelectric project under mutually agreeable terms and conditions with a right of first refusal to construct1 operate1 and maintain replacement hydroelectric generating facilities at such new or modified water storage project on ,federal land associated with the new or modified water storage project or on private land owned by the affected hydroelectric project owner2 7#c7 provide compensation for the construction of any water conveyance facilities as are necessary to convey water to any new powerhouse constructed by such owner in association with such new hydroelectric generating facilities2 7#d7 provide for paragraphs 7#a71 7#b71 and 7#c7 at a cost not to exceed the estimated value of the actual impacts to any existing non-,federal hydroelectric project1 including impacts to its capacity and energy value1 and as estimated for the associated feasibility study1 including additional planning1 environmental1 design1 construction1 and operations and maintenance costs for existing and replacement facilities2 and 7#e7 ensure that action taken under paragraphs 7#a71 7#b71 7#c71 and 7#d7 shall not directly or indirectly increase the costs to recipients of power marketed by the ,western ,area ,power ,administration1 nor decrease the value of such power4 7c7 ,existing licensee ,the owner of any project affected under subsection 7b77#b7 shall be deemed the existing licensee1 in accordance with section #ae7;a7 of the ,act of ,june #aj1 #aibj 7#af ,u4,s4,c4 #hjh7;a771 for any replacement project to be constructed within the proximate geographic area of the affected project4 7d7 ,cost allocation 7#a7 ,compensation ,any compensation under this section shall be a project cost allocated solely to the direct beneficiaries of the new or modified water project constructed under this section4 7#b7 ,replacement costs ,the costs of the replacement project1 and any compensation1 shall be-- 7,a7 treated as a stand-alone project and shall not be financially integrated in any other project2 and 7,b7 allocated in accordance with mutually agreeable terms between the ,secretary and project beneficiaries4 7e7 ,applicability ,this section shall only apply to federally owned water storage projects whether authorized under section #djjg or some other authority4 7f7 ,limitation ,nothing in this section affects the ability of landowners or ,indian tribes to seek compensation or any other remedy otherwise provided by law4 7g7 ,savings clause ,no action taken under this section shall directly or indirectly increase the costs to recipients of power marketed by the ,western ,area ,power ,administration1 nor decrease the value of such power4 #djji4 ,other water supply projects 7a7 ,water ,desalination ,act ,amendments ,section #d 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 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#a7 ,projects 7,a7 ,in general ,subject to the requirements of this subsection1 the ,secretary of the ,interior may participate in an eligible desalination project in an amount equal to not more than #be percent of the total cost of the eligible desalination project4 7,b7 ,eligible desalination project ,the term eligible desalination project means any project in a ,reclamation ,state1 that-- 7i7 involves an ocean or brackish water desalination facility either constructed1 operated and maintained2 or sponsored by any ,state1 department of a ,state1 subdivision of a ,state or public agency organized pursuant to a ,state law2 and 7ii7 provides a ,federal benefit in accordance with the reclamation laws 7including regulations74 7,c7 ,state role ,participation by the ,secretary of the ,interior in an eligible desalination project under this subsection shall not occur unless-- 7i7 the project is included in a state-approved plan or federal participation has been requested by the ,governor of the ,state in which the eligible desalination project is located2 and 7ii7 the ,state or local sponsor determines1 and the ,secretary of the ,interior concurs1 that-- 7,i7 the eligible desalination project is technically and financially feasible and provides a ,federal benefit in accordance with the reclamation laws2 7,,ii7 sufficient non-,federal funding is available to complete the eligible desalination project2 and 7,,iii7 the eligible desalination project sponsors are financially solvent2 and 7iii7 the ,secretary of the ,interior submits to ,congress a written notification of these determinations within #cj days of making such determinations4 7,d7 ,environmental laws ,when participating in an eligible desalination project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,e7 ,information ,when participating in an eligible desalination project under this subsection1 the ,secretary of the ,interior-- 7i7 may rely on reports prepared by the sponsor of the eligible desalination project1 including feasibility 7or equivalent7 studies1 environmental analyses1 and other pertinent reports and analyses2 but 7ii7 shall retain responsibility for making the independent determinations described in subparagraph 7,c74 7,f7 ,authorization of appropriations 7i7 #cj1jjj1jjj of funding is authorized to remain available until expended2 and 7ii7 ,projects can only receive funding if enacted appropriations legislation designates funding to them by name1 after the ,secretary recommends specific projects for funding pursuant to this subsection and transmits such recommendations to the appropriate committees of ,congress4 4 7c7 ,authorization of new water recycling and reuse projects ,section #afjb of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7title ,,xvi of ,public ,law #ajb-ege2 #dc ,u4,s4,c4 #cij;h et4 seq47 is amended by adding at the end the following new subsections3 7e7 ,authorization of new water recycling and reuse projects 7#a7 ,submission to the ,secretary 7,a7 ,in general ,non-,federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the ,secretary4 7,b7 ,eligible ,projects ,a project shall be considered eligible for consideration under this section if the project reclaims and reuses-- 7i7 municipal1 industrial1 domestic1 or agricultural wastewater2 or 7ii7 impaired ground or surface waters4 7,c7 ,guidelines ,within #fj days of the enactment of this ,act the ,secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies4 7#b7 ,review by the ,secretary ,the ,secretary shall review each feasibility study received under paragraph 7#a77;,a7 for the purpose of-- 7,a7 determining whether the study1 and the process under which the study was developed1 each comply with ,federal laws and regulations applicable to feasibility studies of water recycling and reuse projects2 and 7,b7 the project is technically and financially feasible and provides a ,federal benefit in accordance with the reclamation laws4 7#c7 ,submission to congress ,not later than #ahj days after the date of receipt of a feasibility study received under paragraph 7#a77;,a71 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that describes-- 7,a7 the results of the ,secretary's review of the study under paragraph 7#b71 including a determination of whether the project is feasible2 7,b7 any recommendations the ,secretary may have concerning the plan or design of the project2 and 7,c7 any conditions the ,secretary may require for construction of the project4 7#d7 ,eligibility for funding ,the non-,federal project sponsor of any project determined by the ,secretary to be feasible under paragraph 7#c77;,a7 shall be eligible to apply to the ,secretary for funding for the ,federal share of the costs of planning1 designing and constructing the project pursuant to subsection 7f74 7f7 ,competitive ,grant ,program for the ,funding of ,water ,recycling and ,reuse ,projects 7#a7 ,establishment ,the ,secretary shall establish a competitive grant program under which the non-,federal project sponsor of any project determined by the ,secretary to be feasible under subsection 7e77#c77;,a7 shall be eligible to apply for funding for the planning1 design1 and construction of the project1 subject to subsection 7g77#b74 7#b7 ,priority ,when funding projects under paragraph 7#a71 the ,secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph 7#c7 and are located in an area that-- 7,a7 has been identified by the ,united ,states ,drought ,monitor as experiencing severe1 extreme1 or exceptional drought at any time in the #d-year period before such funds are made available2 or 7,b7 was designated as a disaster area by a ,state during the #d-year period before such funds are made available4 7#c7 ,criteria ,the project criteria referred to in paragraph 7#b7 are the following3 7,a7 ,projects that are likely to provide a more reliable water supply for ,states and local governments4 7,b7 ,projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by ,federal and ,state agencies4 7,c7 ,projects that are regional in nature4 7,d7 ,projects with multiple stakeholders4 7,e7 ,projects that provide multiple benefits1 including water supply reliability1 eco-system benefits1 groundwater management and enhancements1 and water quality improvements4 7g7 ,authorization of appropriations 7#a7 ,there is authorized to be appropriated to the ,secretary of the ,interior an additional #ej1jjj1jjj to remain available until expended4 7#b7 ,projects can only receive funding if enacted appropriations legislation designates funding to them by name1 after the ,secretary recommends specific projects for funding pursuant to subsection 7f7 and transmits such recommendations to the appropriate committees of ,congress4 4 7d7 ,funding ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 is amended in subsection 7e7 by striking #cej1jjj1jjj and inserting #dej1jjj1jjj on the condition that of that amount1 #ej1jjj1jjj of it is used to carry out section #bjf of the ,energy and ,water ,development and ,related ,agencies ,appropriation ,act1 #bjae 7#dc ,u4,s4,c4 #fbj note2 ,public ,law #aac-bce74 #djaj4 ,actions to benefit threatened and endangered species and other wildlife 7a7 ,increased real-,time monitoring and updated science 7#a7 ,smelt biological opinion ,the ,director shall use the best scientific and commercial data available to implement1 continuously evaluate1 and refine or amend1 as appropriate1 the reasonable and prudent alternative described in the smelt biological opinion4 7#b7 ,increased monitoring to inform real-time operations 7,a7 ,in general ,the ,secretary of the ,interior shall conduct additional surveys1 on an annual basis at the appropriate time of year based on environmental conditions1 in collaboration with interested stakeholders regarding the science of the ,delta in general1 and to enhance real time decisionmaking in particular1 working in close coordination with relevant ,state authorities4 7,b7 ,requirements ,in carrying out this subsection1 the ,secretary of the ,interior shall use-- 7i7 the most appropriate and accurate survey methods available for the detection of ,delta smelt to determine the extent to which adult ,delta smelt are distributed in relation to certain levels of turbidity or other environmental factors that may influence salvage rate2 7ii7 results from appropriate surveys for the detection of ,delta smelt to determine how the ,central ,valley ,project and ,state ,water ,project may be operated more efficiently to maximize fish and water supply benefits2 and 7iii7 science-based recommendations developed by any of the persons or entities described in paragraph 7#d77;,b7 to inform the agencies' real-time decisions4 7,c7 ,winter monitoring ,during the period between ,december #a and ,march #ca1 if suspended sediment loads enter the ,delta from the ,sacramento ,river1 and the suspended sediment loads appear likely to raise turbidity levels in the ,old ,river north of the export pumps from values below #ab ,nephelometric ,turbidity ,units 7,n,t,us7 to values above #ab ,n,t,us1 the ,secretary of the ,interior shall-- 7i7 conduct daily monitoring using appropriate survey methods at locations including the vicinity of ,station #ijb to determine the extent to which adult ,delta smelt are moving with turbidity toward the export pumps2 and 7ii7 use results from the monitoring under subparagraph 7,a7 to determine how increased trawling can inform daily real-time ,central ,valley ,project and ,state ,water ,project operations to maximize fish and water supply benefits4 7#c7 ,periodic review of monitoring ,not later than #a year after the date of enactment of this subtitle1 the ,secretary of the ,interior shall-- 7,a7 evaluate whether the monitoring program under paragraph 7#b71 combined with other monitoring programs for the ,delta1 is providing sufficient data to inform ,central ,valley ,project and ,state ,water ,project operations to maximize the water supply for fish and water supply benefits2 and 7,b7 determine whether the monitoring efforts should be changed in the short or long term to provide more useful data4 7#d7 ,delta smelt distribution study 7,a7 ,in general ,not later than ,march #ae1 #bjba1 the ,secretary of the ,interior shall-- 7i7 complete studies1 to be initiated by not later than #ij days after the date of enactment of this subtitle1 designed-- 7,i7 to understand the location and determine the abundance and distribution of ,delta smelt throughout the range of the ,delta smelt2 and 7,,ii7 to determine potential methods to minimize the effects of ,central ,valley ,project and ,state ,water ,project operations on the ,delta smelt2 7ii7 based on the best available science1 if appropriate and practicable1 implement new targeted sampling and monitoring of ,delta smelt in order to maximize fish and water supply benefits prior to completion of the study under clause 7i72 7iii7 to the maximum extent practicable1 use new technologies to allow for better tracking of ,delta smelt1 such as acoustic tagging1 optical recognition during trawls1 and fish detection using residual deoxyribonucleic acid 7,,dna72 and 7iv7 if new sampling and monitoring is not implemented under clause 7ii71 provide a detailed explanation of the determination of the ,secretary of the ,interior that no change is warranted4 7,b7 ,consultation ,in determining the scope of the studies under this subsection1 the ,secretary of the ,interior shall consult with-- 7i7 ,central ,valley ,project and ,state ,water ,project water contractors and public water agencies2 7ii7 other public water agencies2 7iii7 the ,california ,department of ,fish and ,wildlife and the ,california ,department of ,water ,resources2 and 7iv7 nongovernmental organizations4 7b7 ,actions to benefit endangered fish populations 7#a7 ,findings ,congress finds that-- 7,a7 minimizing or eliminating stressors to fish populations and their habitat in an efficient and structured manner is a key aspect of a fish recovery strategy2 7,b7 functioning1 diverse1 and interconnected habitats are necessary for a species to be viable2 and 7,c7 providing for increased fish habitat may not only allow for a more robust fish recovery1 but also reduce impacts to water supplies4 7#b7 ,actions for benefit of endangered species ,there is authorized to be appropriated the following amounts3 7,a7 #ae1jjj1jjj for the ,secretary of ,commerce1 through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 to carry out the following activities in accordance with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq473 7i7 ,gravel and rearing area additions and habitat restoration to the ,sacramento ,river to benefit ,chinook salmon and steelhead trout4 7ii7 ,scientifically improved and increased real-time monitoring to inform real-time operations of ,shasta and related ,central ,valley ,project facilities1 and alternative methods1 models1 and equipment to improve temperature modeling and related forecasted information for purposes of predicting impacts to salmon and salmon habitat as a result of water management at ,shasta4 7iii7 ,methods to improve the ,delta salvage systems1 including alternative methods to redeposit salvaged salmon smolts and other fish from the ,delta in a manner that reduces predation losses4 7,b7 #c1jjj1jjj for the ,secretary of the ,interior to conduct the ,delta smelt distribution study referenced in subsection 7a77#d74 7#c7 ,commencement ,if the ,administrator of the ,national ,oceanic and ,atmospheric ,administration determines that a proposed activity is feasible and beneficial for protecting and recovering a fish population1 the ,administrator shall commence implementation of the activity by not later than #a year after the date of enactment of this subtitle4 7#d7 ,consultation ,the ,administrator shall take such steps as are necessary to partner with1 and coordinate the efforts of1 the ,department of the ,interior1 the ,department of ,commerce1 and other relevant ,federal departments and agencies to ensure that all ,federal reviews1 analyses1 opinions1 statements1 permits1 licenses1 and other approvals or decisions required under ,federal law are completed on an expeditious basis1 consistent with ,federal law4 7#e7 ,conservation fish hatcheries 7,a7 ,in general ,not later than #b years after the date of enactment of this subtitle1 the ,secretaries of the ,interior and ,commerce1 in coordination with the ,director of the ,california ,department of ,fish and ,wildlife1 shall develop and implement as necessary the expanded use of conservation hatchery programs to enhance1 supplement1 and rebuild ,delta smelt and ,endangered ,species ,act-listed fish species under the smelt and salmonid biological opinions4 7,b7 ,requirements ,the conservation hatchery programs established under paragraph 7#a7 and the associated hatchery and genetic management plans shall be designed-- 7i7 to benefit1 enhance1 support1 and otherwise recover naturally spawning fish species to the point where the measures provided under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 are no longer necessary2 and 7ii7 to minimize adverse effects to ,central ,valley ,project and ,state ,water ,project operations4 7,c7 ,priority2 cooperative agreements ,in implementing this section1 the ,secretaries of the ,interior and ,commerce-- 7i7 shall give priority to existing and prospective hatchery programs and facilities within the ,delta and the riverine tributaries thereto2 and 7ii7 may enter into cooperative agreements for the operation of conservation hatchery programs with ,states1 ,indian tribes1 and other nongovernmental entities for the benefit1 enhancement1 and support of naturally spawning fish species4 7#f7 ,acquisition of land1 water1 or interests from willing sellers for environmental purposes in ,california 7,a7 ,in general ,the ,secretary of the ,interior is authorized to acquire by purchase1 lease1 donation1 or otherwise1 land1 water1 or interests in land or water from willing sellers in ,california-- 7i7 to benefit listed or candidate species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the ,california ,endangered ,species ,act 7,california ,fish and ,game ,code sections #bjej through #baaf72 7ii7 to meet requirements of1 or otherwise provide water quality benefits under1 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or the ,porter ,cologne ,water ,quality ,control ,act 7division #g of the ,california ,water ,code72 or 7iii7 for protection and enhancement of the environment1 as determined by the ,secretary of the ,interior4 7,b7 ,state participation ,in implementing this section1 the ,secretary of the ,interior is authorized to participate with the ,state of ,california or otherwise hold such interests identified in subparagraph 7,a7 in joint ownership with the ,state of ,california based on a cost share deemed appropriate by the ,secretary4 7,c7 ,treatment ,any expenditures under this subsection shall be nonreimbursable and nonreturnable to the ,united ,states4 7#g7 ,reauthorization of the fisheries restoration and irrigation mitigation act of #bjjj 7,a7 ,section #aj7;a7 of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by striking #be million for each of fiscal years #bjji through #bjae and inserting #ae million through #bjba2 and 7,b7 ,section #b of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by striking ,montana1 and ,idaho and inserting ,montana1 ,idaho1 and ,california4 7c7 ,actions to benefit refuges 7#a7 ,in general ,in addition to funding under section #cdjg of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf71 there is authorized to be appropriated to the ,secretary of the ,interior #b1jjj1jjj for each of fiscal years #bjag through #bjba for the acceleration and completion of water infrastructure and conveyance facilities necessary to achieve full water deliveries to ,central ,valley wildlife refuges and habitat areas pursuant to section #cdjf7;d7 of that ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbb74 7#b7 ,cost sharing 7,a7 ,federal share ,the ,federal share of the cost of carrying out an activity described in this section shall be not more than #ej percent4 7,b7 ,non-,federal share ,the non-,federal share of the cost of carrying out an activity described in this section-- 7i7 shall be not less than #ej percent2 and 7ii7 may be provided in cash or in kind4 7d7 ,non-,federal program to protect native anadromous fish in ,stanislaus ,river 7#a7 ,definition of district ,in this section1 the term district means-- 7,a7 the ,oakdale ,irrigation ,district of the ,state of ,california2 and 7,b7 the ,south ,san ,joaquin ,irrigation ,district of the ,state of ,california4 7#b7 ,establishment ,the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 and the districts shall jointly establish and conduct a nonnative predator research and pilot fish removal program to study the effects of removing from the ,stanislaus ,river-- 7,a7 nonnative striped bass1 smallmouth bass1 largemouth bass1 black bass2 and 7,b7 other nonnative predator fish species4 7#c7 ,requirements ,the program under this section shall-- 7,a7 be scientifically based1 with research questions determined jointly by-- 7i7 ,national ,marine ,fisheries ,service scientists2 and 7ii7 technical experts of the districts2 7,b7 include methods to quantify by1 among other things1 evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at ,caswell-- 7i7 the number and size of predator fish removed each year2 and 7ii7 the impact of the removal on-- 7,i7 the overall abundance of predator fish in the ,stanislaus ,river2 and 7,,ii7 the populations of juvenile anadromous fish in the ,stanislaus ,river2 7,c7 among other methods1 consider using wire fyke trapping1 portable resistance board weirs1 and boat electrofishing2 and 7,d7 be implemented as quickly as practicable after the date of issuance of all necessary scientific research permits4 7#d7 ,management ,the management of the program shall be the joint responsibility of the ,assistant ,administrator and the districts1 which shall-- 7,a7 work collaboratively to ensure the performance of the program2 and 7,b7 discuss and agree on1 among other things-- 7i7 qualified scientists to lead the program2 7ii7 research questions2 7iii7 experimental design2 7iv7 changes in the structure1 management1 personnel1 techniques1 strategy1 data collection and access1 reporting1 and conduct of the program2 and 7v7 the need for independent peer review4 7#e7 ,conduct 7,a7 ,in general ,for each applicable calendar year1 the districts1 on agreement of the ,assistant ,administrator1 may elect to conduct the program under this section using-- 7i7 the personnel of the ,assistant ,administrator or districts2 7ii7 qualified private contractors hired by the districts2 7iii7 personnel of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service2 or 7iv7 a combination of the individuals described in clauses 7i7 through 7iii74 7,b7 ,participation by national marine fisheries service 7i7 ,in general ,if the districts elect to conduct the program using district personnel or qualified private contractors hired under clause 7i7 or 7ii7 of subparagraph 7,a71 the ,assistant ,administrator may assign an employee of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service1 to be present for all activities performed in the field to ensure compliance with paragraph 7#d74 7ii7 ,costs ,the districts shall pay the cost of participation by the employee under clause 7i71 in accordance with paragraph 7#f74 7,c7 ,timing of election ,the districts shall notify the ,assistant ,administrator of an election under subparagraph 7,a7 by not later than ,october #ae of the calendar year preceding the calendar year for which the election applies4 7#f7 ,funding 7,a7 ,in general ,the districts shall be responsible for #ajj percent of the cost of the program4 7,b7 ,contributed funds ,the ,secretary of ,commerce may accept and use contributions of funds from the districts to carry out activities under the program4 7,c7 ,estimation of cost 7i7 ,in general ,not later than ,december #a of each year of the program1 the ,secretary of ,commerce shall submit to the districts an estimate of the cost to be incurred by the ,national ,marine ,fisheries ,service for the program during the following calendar year1 if any1 including the cost of any data collection and posting under paragraph 7#g74 7ii7 ,failure to fund ,if an amount equal to the estimate of the ,secretary of ,commerce is not provided through contributions pursuant to subparagraph 7,b7 before ,december #ca of that calendar year-- 7,i7 the ,secretary shall have no obligation to conduct the program activities otherwise scheduled for the following calendar year until the amount is contributed by the districts2 and 7,,ii7 the districts may not conduct any aspect of the program until the amount is contributed by the districts4 7,d7 ,accounting 7i7 ,in general ,not later than ,september #a of each year1 the ,secretary of ,commerce shall provide to the districts an accounting of the costs incurred by the ,secretary for the program during the preceding calendar year4 7ii7 ,excess amounts ,if the amount contributed by the districts pursuant to subparagraph 7,b7 for a calendar year was greater than the costs incurred by the ,secretary of ,commerce during that year1 the ,secretary shall-- 7,i7 apply the excess amounts to the cost of activities to be performed by the ,secretary under the program1 if any1 during the following calendar year2 or 7,,ii7 if no such activities are to be performed1 repay the excess amounts to the districts4 7#g7 ,publication and evaluation of data 7,a7 ,in general ,all data generated through the program1 including by any private consultants1 shall be routinely provided to the ,assistant ,administrator4 7,b7 ,internet ,not later than the #aeth day of each month of the program1 the ,assistant ,administrator shall publish on the ,internet website of the ,national ,marine ,fisheries ,service a tabular summary of the raw data collected under the program during the preceding month4 7,c7 ,report ,on completion of the program1 the ,assistant ,administrator shall prepare a final report evaluating the effectiveness of the program1 including recommendations for future research and removal work4 7#h7 ,consistency with law 7,a7 ,in general ,the programs in this section and subsection 7e7 are found to be consistent with the requirements of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf74 7,b7 ,limitation ,no provision1 plan1 or definition under that ,act1 including section #cdjf7;b77#a7 of that ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgad71 shall be used-- 7i7 to prohibit the implementation of the programs in this subsection and subsection 7e72 or 7ii7 to prevent the accomplishment of the goals of the programs4 7e7 ,pilot ,projects to ,implement ,,calfed ,invasive ,species ,program 7#a7 ,in general ,not later than ,january #a1 #bjah1 the ,secretary of the ,interior1 in collaboration with the ,secretary of ,commerce1 the ,director of the ,california ,department of ,fish and ,wildlife1 and other relevant agencies and interested parties1 shall establish and carry out pilot projects to implement the invasive species control program under section #ajc7;d77#f77;,a77iv7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afij74 7#b7 ,requirements ,the pilot projects under this section shall-- 7,a7 seek to reduce invasive aquatic vegetation 7such as water hyacinth71 predators1 and other competitors that contribute to the decline of native listed pelagic and anadromous species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries and the ,delta2 and 7,b7 remove1 reduce1 or control the effects of species including ,asiatic clams1 silversides1 gobies1 ,brazilian water weed1 largemouth bass1 smallmouth bass1 striped bass1 crappie1 bluegill1 white and channel catfish1 zebra and quagga mussels1 and brown bullheads4 7#c7 ,emergency environmental reviews ,to expedite environmentally beneficial programs in this subtitle for the conservation of threatened and endangered species1 the ,secretaries of the ,interior and ,commerce shall consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for those programs4 7f7 ,collaborative processes ,notwithstanding the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 and applicable ,federal acquisitions and contracting authorities1 the ,secretaries of the ,interior and ,commerce may use the collaborative processes under the ,collaborative ,science ,adaptive ,management ,program to enter into contracts with specific individuals or organizations directly or in conjunction with appropriate ,state agencies4 7g7 ,the ,save ,our ,salmon ,act 7#a7 ,treatment of striped bass 7,a7 ,anadromous fish ,section #cdjc7;a7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 is amended by striking striped bass1 after stocks of salmon 7including steelhead714 7,b7 ,fish and wildlife restoration activities ,section #cdjf7;b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 is amended by-- 7i7 striking paragraphs 7#ad7 and 7#ah72 7ii7 redesignating paragraphs 7#ae7 through 7#ag7 as paragraphs 7#ad7 through 7#af71 respectively2 and 7iii7 redesignating paragraphs 7#ai7 through 7#bc7 as paragraphs 7#ag7 through 7#ba71 respectively4 7#b7 ,conforming changes ,section #cdjg7;a7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 is amended by striking 7#aj7-7ah71 and 7#bj7-7bb7 and inserting 7#aj7-7af71 and 7#ah7-7bj74 #djaa4 ,offsets and water storage account 7a7 ,prepayment of certain repayment contracts between the united states and contractors of federally developed water supplies 7#a7 ,conversion and prepayment of contracts ,upon request of the contractor1 the ,secretary of the ,interior shall convert any water service contract in effect on the date of enactment of this subtitle and between the ,united ,states and a water users' association to allow for prepayment of the repayment contract pursuant to paragraph 7#b7 under mutually agreeable terms and conditions4 ,the manner of conversion under this paragraph shall be as follows3 7,a7 ,water service contracts that were entered into under section 7e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie74 7,b7 ,water service contracts that were entered under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid71 to be converted under this section shall be converted to a contract under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie74 7#b7 ,prepayment ,except for those repayment contracts under which the contractor has previously negotiated for prepayment1 all repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this subtitle at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,a7 shall-- 7,a7 provide for the repayment1 either in lump sum or by accelerated prepayment1 of the remaining construction costs identified in water project specific irrigation rate repayment schedules1 as adjusted to reflect payment not reflected in such schedules1 and properly assignable for ultimate return by the contractor1 or if made in approximately equal installments1 no later than #c years after the effective date of the repayment contract1 such amount to be discounted by the ,treasury rate4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days following receipt of request of the contractor2 7,b7 require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversion under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law2 7,c7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7,d7 continue so long as the contractor pays applicable charges1 consistent with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#c7 ,contract requirements ,except for those repayment contracts under which the contractor has previously negotiated for prepayment1 the following shall apply with regard to all repayment contracts under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this subtitle at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,b73 7,a7 ,provide for the repayment in lump sum of the remaining construction costs identified in water project specific municipal and industrial rate repayment schedules1 as adjusted to reflect payments not reflected in such schedules1 and properly assignable for ultimate return by the contractor4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days after receipt of the request of contractor4 7,b7 ,the contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversion under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law4 7,c7 ,continue so long as the contractor pays applicable charges1 consistent with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#d7 ,conditions ,all contracts entered into pursuant to paragraphs 7#a71 7#b71 and 7#c7 shall-- 7,a7 not be adjusted on the basis of the type of prepayment financing used by the water users' association2 7,b7 conform to any other agreements1 such as applicable settlement agreements and new constructed appurtenant facilities2 and 7,c7 not modify other water service1 repayment1 exchange and transfer contractual rights between the water users' association1 and the ,bureau of ,reclamation1 or any rights1 obligations1 or relationships of the water users' association and their landowners as provided under ,state law4 7b7 ,accounting ,the amounts paid pursuant to subsection 7a7 shall be subject to adjustment following a final cost allocation by the ,secretary of the ,interior4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor1 the contractor shall be obligated to pay the remaining allocated costs4 ,the term of such additional repayment contract shall be not less than one year and not more than #aj years1 however1 mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid1 the ,secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor1 with the exception of ,restoration ,fund charges pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege4 7c7 ,applicability of certain provisions 7#a7 ,effect of existing law ,upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection 7a77#b77;,a71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall apply to affected lands4 7#b7 ,effect of other obligations ,the obligation of a contractor to repay construction costs or other capitalized costs described in subsection 7a77#b77;,b71 7a77#c77;,b71 or 7b7 shall not affect a contractor's status as having repaid all of the construction costs assignable to the contractor or the applicability of subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection 7a77#b77;,a7 has been paid4 7d7 ,effect on existing law not altered ,implementation of the provisions of this subtitle shall not alter-- 7#a7 the repayment obligation of any water service or repayment contractor receiving water from the same water project1 or shift any costs that would otherwise have been properly assignable to the water users' association identified in subsections 7a77#a71 7a77#b71 and 7a77#c7 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of the enactment of this subtitle1 or to other contractors2 and 7#b7 specific requirements for the disposition of amounts received as repayments by the ,secretary under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq472 7#c7 the priority of a water service or repayment contractor to receive water2 or 7#d7 except as expressly provided in this section1 any obligations under the reclamation law1 including the continuation of ,restoration ,fund charges pursuant to section #cdjg7;d7 7,public ,law #ajb-ege71 of the water service and repayment contractors making prepayments pursuant to this section4 7e7 ,water storage enhancement program 7#a7 ,in general ,except as provided in subsection 7d77#b71 #cce1jjj1jjj out of receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the #aj-year period following the date of enactment of this ,act shall be directed to the ,reclamation ,water ,storage ,account under paragraph 7#b74 7#b7 ,storage account ,the ,secretary shall allocate amounts collected under paragraph 7#a7 into the ,reclamation ,storage ,account to fund the construction of water storage4 ,the ,secretary may also enter into cooperative agreements with water users' associations for the construction of water storage and amounts within the ,storage ,account may be used to fund such construction4 ,water storage projects that are otherwise not federally authorized shall not be considered ,federal facilities as a result of any amounts allocated from the ,storage ,account for part or all of such facilities4 7#c7 ,repayment ,amounts used for water storage construction from the ,account shall be fully reimbursed to the ,account consistent with the requirements under ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq477 except that all funds reimbursed shall be deposited in the ,account established under paragraph 7#b74 7#d7 ,availability of amounts ,amounts deposited in the ,account under this subsection shall-- 7,a7 be made available in accordance with this section1 subject to appropriation2 and 7,b7 be in addition to amounts appropriated for such purposes under any other provision of law4 7f7 ,definitions ,for the purposes of this subtitle1 the following definitions apply3 7#a7 ,account ,the term ,account means the ,reclamation ,water ,storage ,account established under subsection 7e77#b74 7#b7 ,construction ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of water storage including additions to existing water storage and construction of new water storage facilities1 exclusive of any ,federal statutory or regulatory obligations relating to any permit1 review1 approval1 or other such requirement4 7#c7 ,water storage ,the term water storage means any federally owned facility under the jurisdiction of the ,bureau of ,reclamation or any non-,federal facility used for the storage and supply of water resources4 7#d7 ,treasury rate ,the term ,treasury rate means the #bj- year ,constant ,maturity ,treasury 7,,cmt7 rate published by the ,united ,states ,department of the ,treasury existing on the effective date of the contract4 7#e7 ,water users' association ,the term water users' association means-- 7,a7 an entity organized and recognized under ,state laws that is eligible to enter into contracts with ,reclamation to receive contract water for delivery to end users of the water and to pay applicable charges2 and 7,b7 includes a variety of entities with different names and differing functions1 such as associations1 conservancy districts1 irrigation districts1 municipalities1 and water project contract units4 #djab4 ,savings language 7a7 ,in general ,this subtitle shall not be interpreted or implemented in a manner that-- 7#a7 preempts or modifies any obligation of the ,united ,states to act in conformance with applicable ,state law1 including applicable ,state water law2 7#b7 affects or modifies any obligation under the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 except for the savings provisions for the ,stanislaus ,river predator management program expressly established by section #aa7;d7 and provisions in section #aa7;g72 7#c7 overrides1 modifies1 or amends the applicability of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the application of the smelt and salmonid biological opinions to the operation of the ,central ,valley ,project or the ,state ,water ,project2 7#d7 would cause additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion1 using the best scientific and commercial data available2 or 7#e7 overrides1 modifies1 or amends any obligation of the ,pacific ,fisheries ,management ,council1 required by the ,magnuson ,stevens ,act or the ,endangered ,species ,act of #aigc1 to manage fisheries off the coast of ,california1 ,oregon1 or ,washington4 7b7 ,successor biological opinions 7#a7 ,in general ,the ,secretaries of the ,interior and ,commerce shall apply this ,act to any successor biological opinions to the smelt or salmonid biological opinions only to the extent that the ,secretaries determine is consistent with-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 its implementing regulations1 and the successor biological opinions2 and 7,b7 subsection 7a77#d74 7#b7 ,limitation ,nothing in this ,act shall restrict the ,secretaries of the ,interior and ,commerce from completing consultation on successor biological opinions and through those successor biological opinions implementing whatever adjustments in operations or other activities as may be required by the ,endangered ,species ,act of #aigc and its implementing regulations4 7c7 ,severability ,if any provision of this subtitle1 or any application of such provision to any person or circumstance1 is held to be inconsistent with any law or the biological opinions1 the remainder of this subtitle and the application of this subtitle to any other person or circumstance shall not be affected4 #djac4 ,duration ,this subtitle shall expire on the date that is #e years after the date of its enactment1 with the exception of-- 7#a7 section #djjd1 which shall expire #aj years after the date of its enactment2 and 7#b7 projects under construction in sections #djjg1 #djji7;a71 and #djji7;c74 #djad4 ,definitions ,in this subtitle3 7#a7 ,assistant administrator ,the term ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,central valley project ,the term ,central ,valley ,project has the meaning given the term in section #cdjc of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjg74 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of ,reclamation4 7#d7 ,delta ,the term ,delta means the ,sacramento-,san ,joaquin ,delta and the ,suisun ,marsh 7as defined in section #abbbj of the ,california ,water ,code and section #biaja of the ,california ,public ,resources ,code 7as in effect on the date of enactment of this ,act774 7#e7 ,delta smelt ,the term ,delta smelt means the fish species with the scientific name ,hypomesus transpacificus4 7#f7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#g7 ,listed fish species ,the term listed fish species means-- 7,a7 any natural origin steelhead1 natural origin genetic spring run ,chinook1 or genetic winter run ,chinook salmon 7including any hatchery steelhead or salmon population within the evolutionary significant unit or a distinct population segment72 and 7,b7 ,delta smelt4 7#h7 ,reclamation state ,the term ,reclamation ,state means any of the ,states of-- 7,a7 ,arizona2 7,b7 ,california2 7,c7 ,colorado2 7,d7 ,idaho2 7,e7 ,kansas2 7,f7 ,montana2 7,g7 ,nebraska2 7,h7 ,nevada2 7,i7 ,new ,mexico2 7,j7 ,north ,dakota2 7,k7 ,oklahoma2 7,l7 ,oregon2 7,m7 ,south ,dakota2 7,n7 ,texas2 7,o7 ,utah2 7,p7 ,washington2 and 7,q7 ,wyoming4 7#i7 ,salmonid biological opinion 7,a7 ,in general ,the term salmonid biological opinion means the biological and conference opinion of the ,national ,marine ,fisheries ,service dated ,june #d1 #bjji1 regarding the long-term operation of the ,central ,valley ,project and the ,state ,water ,project1 and successor biological opinions4 7,b7 ,inclusions ,the term salmonid biological opinion includes the operative incidental take statement of the opinion described in subparagraph 7,a74 7#aj7 ,smelt biological opinion 7,a7 ,in general ,the term smelt biological opinion means the biological opinion dated ,december #ae1 #bjjh1 regarding the coordinated operation of the ,central ,valley ,project and the ,state ,water ,project1 and successor biological opinions4 7,b7 ,inclusions ,the term smelt biological opinion includes the operative incidental take statement of the opinion described in subparagraph 7,a74 7#aa7 ,state water project ,the term ,state ,water ,project means the water project described in chapter #e of part #c of division #f of the ,california ,water ,code 7sections #aaeej et seq47 7as in effect on the date of enactment of this ,act7 and operated by the ,california ,department of ,water ,resources4 ,,iv ,other ,matters #ejja4 ,congressional notification requirements 7a7 ,in general ,subchapter ,i of chapter #c of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #caa4 ,congressional notification requirements 7a7 ,in general ,except as provided in subsection 7b7 or as expressly provided in another provision of law1 the ,secretary of ,transportation shall provide to the appropriate committees of ,congress notice of an announcement concerning a covered project at least #c full business days before the announcement is made by the ,department4 7b7 ,emergency program ,with respect to an allocation of funds under section #abe of title #bc1 the ,secretary shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate notice of the allocation-- 7#a7 at least #c full business days before the issuance of the allocation2 or 7#b7 concurrently with the issuance of the allocation1 if the allocation is made using the quick release process of the ,department 7or any successor process74 7c7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,b7 the ,committee on ,environment and ,public ,works1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,covered project ,the term covered project means a project competitively selected by the ,department to receive a discretionary grant award1 letter of intent1 loan commitment1 loan guarantee commitment1 or line of credit commitment in an amount equal to or greater than #gej1jjj4 7#c7 ,department ,the term ,department means the ,department of ,transportation1 including the modal administrations of the ,department4 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #caj the following3 #caa4 ,congressional notification requirements4 4 #ejjb4 ,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 sentence by striking ,the ,federal ,cochairperson and inserting the following3 7#a7 ,term of ,federal ,cochairperson ,the ,federal ,cochairperson 2 7,b7 in the second sentence 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 sentence 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 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 an 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 ,the written determination shall specify the rationale and any evidence or support for the decision1 identify steps1 if any1 that should be taken to mitigate any conflict of interest1 and be available to the public4 7#c7 ,annual disclosures ,once each 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 each calendar year1 each member shall undergo disclosure of financial interests training1 as prescribed by the designated agency ethics official for the ,commission4 7#e7 ,clarification ,a member of the ,commission may continue to participate personally or substantially1 through decision1 approval1 or disapproval on the focus of applications to be considered but not on individual applications where a conflict of interest exists4 7#f7 ,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 #ae1jjj1jjj for each of fiscal years #bjag 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 #ejjc4 ,recreational access for floating cabins at ,,tva reservoirs ,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 levy fees on the owner of a floating cabin on waters under the jurisdiction of the ,corporation for the purpose of ensuring compliance with subsection 7b7 if the fees are necessary and reasonable for such purpose4 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 such 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 such 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 reasonable 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 #ejjd4 ,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 ,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 such ,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 consistent 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 consistent with the ,national ,contingency ,plan4 7#c7 ,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 such 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 #d1jjj1jjj4jj for each of fiscal years #bjag through #bjba 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 ,gold ,king ,mine release4 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 #ejje4 ,great ,lakes ,restoration ,initiative ,section #aah7;c77#g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;c77#g77 is amended-- 7#a7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,focus areas ,in carrying out the ,initiative1 the ,administrator shall prioritize programs and projects1 to be carried out in coordination with non-,federal partners1 that address the priority areas described in the ,initiative ,action ,plan1 including-- 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 7i7 ,in general ,in carrying out the ,initiative1 the ,administrator shall collaborate with other ,federal partners1 including the ,great ,lakes ,interagency ,task ,force established by ,executive ,order ,no4 #accdj 7#fi ,fed4 ,reg4 #bijdc71 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-- 7,i7 the ability to achieve strategic and measurable environmental outcomes that implement the ,initiative ,action ,plan and the ,great ,lakes ,water ,quality ,agreement2 7,,ii7 the feasibility of-- 7aa7 prompt implementation2 7bb7 timely achievement of results2 and 7cc7 resource leveraging2 and 7,,iii7 the opportunity to improve interagency1 intergovernmental1 and interorganizational coordination and collaboration to reduce duplication and streamline efforts4 7ii7 ,outreach ,in selecting the best combination of programs and projects for ,great ,lakes protection and restoration under clause 7i71 the ,administrator shall consult with the ,great ,lakes ,states and ,indian tribes and solicit input from other non-,federal stakeholders4 7iii7 ,harmful algal bloom coordinator ,the ,administrator shall designate a point person from an appropriate ,federal partner to coordinate1 with ,federal partners and ,great ,lakes ,states1 ,indian tribes1 and other non-,federal stakeholders1 projects and activities under the ,initiative involving harmful algal blooms in the ,great ,lakes4 2 7#b7 in subparagraph 7,d7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 ,in general ,subject to subparagraph 7,j77ii71 funds made available to carry out the ,initiative shall be used to strategically implement-- 7,i7 ,federal projects2 7,,ii7 projects carried out in coordination with ,states1 ,indian tribes1 municipalities1 institutions of higher education1 and other organizations2 and 7,,iii7 operations and activities of the ,program ,office1 including remediation of sediment contamination in areas of concern4 2 7,b7 in clause 7ii77,i71 by striking 7,g77i7 and inserting 7,j77i72 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 ,agreements with non-,federal entities 7,i7 ,in general ,the ,administrator1 or the head of any other ,federal department or agency receiving funds under clause 7ii77,i71 may make a grant to1 or otherwise enter into an agreement with1 a qualified non-,federal entity1 as determined by the ,administrator or the applicable head of the other ,federal department or agency receiving funds1 for planning1 research1 monitoring1 outreach1 or implementation of a project selected under subparagraph 7,c71 to support the ,initiative ,action ,plan or the ,great ,lakes ,water ,quality ,agreement4 7,,ii7 ,qualified non-,federal entity ,for purposes of this clause1 a qualified non-,federal entity may include a governmental entity1 nonprofit organization1 institution1 or individual4 2 and 7#c7 by striking subparagraphs 7,e7 through 7,g7 and inserting the following3 7,e7 ,scope 7i7 ,in general ,projects may be carried out under the ,initiative on multiple levels1 including-- 7,i7 locally2 7,,ii7 ,great ,lakes-wide2 or 7,,iii7 ,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 financial assistance is received-- 7,i7 from a ,state water pollution control revolving fund established under title ,,vi2 7,,ii7 from a ,state drinking water revolving loan fund established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab72 or 7,,iii7 pursuant to the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq474 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 ,initiative4 7,g7 ,revision of ,initiative ,action ,plan 7i7 ,in general ,not less often than once every #e years1 the ,administrator1 in conjunction with the ,great ,lakes ,interagency ,task ,force1 shall review1 and revise as appropriate1 the ,initiative ,action ,plan to guide the activities of the ,initiative in addressing the restoration and protection of the ,great ,lakes system4 7ii7 ,outreach ,in reviewing and revising the ,initiative ,action ,plan under clause 7i71 the ,administrator shall consult with the ,great ,lakes ,states and ,indian tribes and solicit input from other non-,federal stakeholders4 7,h7 ,monitoring and reporting ,the ,administrator shall-- 7i7 establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the ,initiative ,action ,plan2 7ii7 make information about each project carried out under the ,initiative ,action ,plan available on a public website2 and 7iii7 provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a yearly detailed description of the progress of the ,initiative and amounts transferred to participating ,federal departments and agencies under subparagraph 7,d77ii74 7,i7 ,initiative ,action ,plan defined ,in this paragraph1 the term ,initiative ,action ,plan means the comprehensive1 multiyear action plan for the restoration of the ,great ,lakes1 first developed pursuant to the ,joint ,explanatory ,statement of the ,conference ,report accompanying the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjaj 7,public ,law #aaa-hh74 7,j7 ,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 #ejjf4 ,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#a7 of this subsection7 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 2 and 7#d7 by inserting after paragraph 7#aa7 7as redesignated by paragraph 7#a7 of this subsection7 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 an eligible 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 regulation4 7#b7 ,grant 7,a7 ,in general ,the ,administrator may make a grant in accordance with this section for rehabilitation of an eligible high hazard potential dam to a non-,federal sponsor that submits an application for the grant in 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 and that receives assistance under this section-- 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 sponsor 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 eligible 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 such ,states4 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 #ejjg4 ,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 #ejjh4 ,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#b7 by striking and 7#h7 and inserting 7#g71 and 7#i72 and 7ii7 in paragraph 7#c7 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#c7 by striking section #ejbf7h7 and inserting section #ejbf7i74 7c7 ,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;,a774 4 7d7 ,sense of ,congress ,it is the sense of ,congress 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 #ejji4 ,report on groundwater contamination 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter for the next #d years1 the ,secretary of the ,navy shall submit a report to ,congress 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 7b7 ,definitions ,in this section1 the following definitions apply3 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 #ejaj4 ,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 ,in this section1 the following definitions apply3 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 in the ,columbia ,river ,basin2 7ii7 the ,governors of each ,state located in whole or in part in the ,columbia ,river ,basin2 7iii7 each federally recognized ,indian tribe in the ,columbia ,river ,basin2 7iv7 local governments 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 ,state located in whole or in part in the ,columbia ,river ,basin2 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 section 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 such 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 including the ,snake ,river ,basin2 and 7,c7 retain not more than #e percent of the funds for the ,environmental ,protection ,agency 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 #ejaa4 ,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 #b1ejj gallons4 7,b7 ,a container holding animal feed ingredients approved for use in livestock feed by the ,food and ,drug ,administration4 4 #ejab4 ,irrigation districts ,section #fjc7;i77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 is amended-- 7#a7 in the matter preceding subparagraph 7,a7 by striking to a municipality or intermunicipal1 interstate1 or ,state agency and inserting to an eligible recipient2 and 7#b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting in assistance to a municipality or intermunicipal1 interstate1 or ,state agency before to benefit4 #ejac4 ,estuary restoration 7a7 ,participation of non-,federal interests ,section #ajd7;f7 of the ,estuary ,restoration ,act of #bjjj 7#cc ,u4,s4,c4 #bijc7;f77 is amended by adding at the end the following3 7#c7 ,project agreements ,for a project carried out under this title1 the requirements of section #ajc7;j77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7;j77#a77 may be fulfilled by a nongovernmental organization serving as the non-,federal interest for the project pursuant to paragraph 7#b74 4 7b7 ,extension ,section #aji7;a7 of the ,estuary ,restoration ,act of #bjjj 7#cc ,u4,s4,c4 #bijh7;a77 is amended by striking #bjab each place it appears and inserting #bjba4 #ejad4 ,environmental banks ,the ,coastal ,wetlands ,planning1 ,protection and ,restoration ,act 7,public ,law #aja-fdf2 #af ,u4,s4,c4 #ciea et seq47 is amended by adding at the end the following3 #cji4 ,environmental banks 7a7 ,guidelines ,not later than #a year after the date of enactment of the ,water ,resources ,development ,act of #bjaf1 the ,task ,force shall1 after public notice and opportunity for comment1 issue guidelines for the use1 maintenance1 and oversight of environmental banks in ,louisiana4 7b7 ,requirements ,the guidelines issued pursuant to subsection 7a7 shall-- 7#a7 set forth procedures for establishment and approval of environmental banks subject to the approval of the heads of the appropriate ,federal agencies responsible for implementation of ,federal environmental laws for which mitigation credits may be used2 7#b7 establish criteria for siting of environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion in high priority areas1 as identified within ,federal or ,state restoration plans1 including the restoration of resources within the scope of a project authorized for construction2 7#c7 establish criteria that ensure environmental banks secure adequate financial assurances and legally enforceable protection for the land or resources that generate the credits from environmental banks2 7#d7 stipulate that credits from environmental banks may not be used for mitigation of impacts required under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 or the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeca et seq47 in an area where an existing mitigation bank approved pursuant to such laws within #e years of enactment of the ,water ,resources ,development ,act of #bjaf has credits available2 7#e7 establish performance criteria for environmental banks2 and 7#f7 establish criteria and financial assurance for the operation and monitoring of environmental banks4 7c7 ,environmental bank 7#a7 ,definition of environmental bank ,in this section1 the term environmental bank means a project1 project increment1 or projects for purposes of restoring1 creating1 or enhancing natural resources at a designated site to establish mitigation credits4 7#b7 ,credits ,mitigation credits created from environmental banks approved pursuant to this section may be used to satisfy existing liability under ,federal environmental laws4 7d7 ,savings clause 7#a7 ,application of ,federal law ,guidelines developed under this section and mitigation carried out through an environmental bank established pursuant to such guidelines shall comply with all applicable requirements of ,federal law 7including regulations71 including-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeca et seq472 7,c7 the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq472 7,d7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,e7 section #ijf of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhc74 7#b7 ,statutory construction ,nothing in this section may be construed to affect-- 7,a7 any authority1 regulatory determination1 or legal obligation in effect the day before the date of enactment of the ,water ,resources ,development ,act of #bjaf2 or 7,b7 the obligations or requirements of any ,federal environmental law4 7e7 ,sunset ,no new environmental bank may be created or approved pursuant to this section after the date that is #aj years after the date of enactment of this section4 4 ,clerk4