S. 1289 — Introduced in Senate

II 115th CONGRESS 1st Session S. 1289 IN THE SENATE OF THE UNITED STATES May 25, 2017Mr. Sullivan (for himself and Ms. Murkowski) introduced the following bill; 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 exempt Indian tribes from compensatory mitigation requirements in connection with certain discharges of dredged or fill material, and for other purposes. 1. Exemption from compensatory mitigation requirements (a) In general Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following: (u) Indian tribes (1) Definitions In this subsection: (A) Indian land The term Indian land means land owned by, operated by, or otherwise belonging to an Indian tribe. (B) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (C) Permitted activity The term permitted activity means a discharge of dredged or fill material for which a permit is issued under this section. (2) Exemption from compensatory mitigation requirements Notwithstanding any other provision of law, an Indian tribe that applies for a permit for a permitted activity to be conducted on Indian land shall not be required to provide any form of compensatory mitigation as a condition of the permit. (3) Evaluation of Indian tribe permit application In evaluating a permit application submitted by an Indian tribe to carry out a permitted activity on Indian land, the Secretary may not take into account the nonavailability of compensatory mitigation under the exemption provided by paragraph (2). (4) Situations in which an Indian tribe ceases to maintain permitted activity If an Indian tribe described in paragraph (2) ceases to maintain the permitted activity on Indian land or seeks to abandon the permitted activity without a good faith transfer, the Indian tribe shall obtain a permit modification from the Secretary, which may require restoration and rehabilitation of the area. (5) Effect The exemption described in paragraph (2) shall not affect the applicability of any other requirement under this Act to an Indian tribe or Indian land, including any requirement to avoid and minimize adverse impacts to wetlands, streams, and other aquatic resources. . (b) Applicability The amendment made by subsection (a) shall apply to permits issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.