,,ii  #aaeth ,,congress  #ast ,session  
,s4 #abhh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #be1      
#bjag,mr4 ,sullivan 7for himself and    
,ms4 ,murkowski7 introduced the         
following bill2 which was read twice and
 referred to the ,committee on          
,environment and ,public ,works  ,a     
,,bill  ,to amend the ,federal ,water   
,pollution ,control ,act to allow       
preservation leasing as a form of       
compensatory mitigation for discharges  
of dredged or fill material affecting   
,indian land1 and for other purposes4   
#a4 ,preservation leasing of ,indian    
land  7a7 ,in general ,section #djd of  
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #acdd7 is amended by
 adding at the end the following3  7u7  
,preservation leasing of ,indian land   
7#a7 ,definitions ,in this subsection3  
7,a7 ,indian land ,the term ,indian land
 means land owned by1 operated by1 or   
otherwise belonging to an ,indian tribe4
  7,b7 ,indian tribe ,the term ,indian  

tribe 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,c7 ,permitted activity ,the term      
permitted activity means a discharge of 
dredged or fill material for which a    
permit is issued under this section4    
7,d7 ,permittee ,the term permittee     
means a person that is issued a permit  
under this section4  7,e7 ,preservation 
lease ,the term preservation lease means
 an agreement under which a permittee   
leases wetlands or other aquatic sites  
on ,indian land for the sole purpose of 
preserving the wetlands or other aquatic
 sites in an undisturbed state during   
the term of the lease to mitigate for a 
permitted activity4  7#b7 ,preservation 
leasing of ,indian land ,the ,secretary 
shall allow a permittee to satisfy      
compensatory mitigation requirements for
 a permitted activity by entering into a
 preservation lease with an ,indian     
tribe1 if the permitted activity affects

 wetlands that are located in the same  
watershed as the ,indian land to be     
leased4  7#c7 ,term ,in order to satisfy
 compensatory mitigation requirements1  
the term of a preservation lease-- 7,a7 
shall be not less than the life of the  
permitted activity2 and  7,b7 shall be  
adjusted to account for the cessation1  
in whole or in part1 of the impacts     
caused by the permitted activity4  7#d7 
,situations in which a permittee ceases 
to maintain permitted activity  7,a7    
,permit modifications ,if a permittee   
enters into a preservation lease with an
 ,indian tribe under this subsection and
 subsequently ceases to maintain the    
permitted activity or seeks to abandon  
the permitted activity without a good   
faith transfer the permittee shall      
obtain a permit modification from the   
,secretary1 which may require           
restoration and rehabilitation of the   
area4  7,b7 ,consultation with an       
,indian tribe ,before making a          
determination under subparagraph 7,a7 as

 to whether1 and to what degree1        
restoration and rehabilitation are      
required1 the ,secretary shall consult1 
and fully consider1 the position of the 
,indian tribe that is a party to any    
preservation lease relating to the      
permitted activity4  7,c7 ,restoration  
and rehabilitation plans  7i7 ,in       
general ,if the ,secretary determines   
under subparagraph 7,a7 that restoration
 and rehabilitation are required1 the   
,secretary may require the permittee to 
submit to the ,secretary and the ,indian
 tribe a plan for conducting the        
restoration and rehabilitation4  7ii7   
,contents ,a restoration and            
rehabilitation plan submitted under     
clause 7i7 shall include1 at a minimum1 
goals and objectives1 performance       
standards1 and plans for site treatment1
 reporting1 remedial work1 and          
monitoring to ensure that performance   
standards are met4  7,d7 ,reversion of  
land ,after activities conducted under a
 restoration and rehabilitation plan    

submitted under subparagraph 7,c77i7    
have been completed and the hydrological
 functions and fish and wildlife habitat
 of the area impacted by the permitted  
activity have been restored pursuant to 
the restoration and rehabilitation plan1
 the land subject to the lease shall    
revert back to the ,indian tribe without
 restriction4  4  7b7 ,applicability    
,the amendment made by subsection 7a7   
shall apply to permits issued under     
section #djd of the ,federal ,water     
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdd7 after the date of enactment of   
this ,act4